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Backup Documents 04/22/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR M TING APRIL 22, 2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) in the issue on April 20, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the smd newspaper. ( Signature of~ffiant) Swom to and subscribed before me this 21st day of April, 2003 NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Tuesday, ,~rl122, 2003 9:.00 A.M. i Notice Is hereby glvenl that the Collier County! Board of Coun~ Comm.!s- signers will meet In The Board's Chambers .o.n .the Third Floor of the w. Har- mon ,Turner Building ~Bulldlng F) at the Collier ounty Government Com. oex, 3301 East Tamlaml Trail, NaP es, Florlda, tc conc~uct the buslness ol Collier County at the above stated time and date. Copies of the agenda for sald meeting will be made available to the ~ess and may be ob-I ned at the Public Infor-I marion Off ce, located on the First F oor of the lWn~l. Harmon Turner Build;/ Any person who decid- es to appeal a declslonl of thls Board will need .a/ record of the proceea-/ Ings pertalnlng therefo,/ and therefore ma? n.eed/ to ensure that a verde-/ t m record of the ~ro-/ ceedlngs Is made, which! record Includes the testl-, mon¥ Dnd evlde~_ce U~- W~Jc~ the appeal Is fo be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I Tom ~ennlng, Chair-I DWIGHT E. BROCK, CLERK / By: /s/ Maureen Ken-/ yon, Deputy Clerk I ~rl120 No. 82]871 ~Sigfiature of notarfpublic) ~ My Commission DDO5833~ ,~ c~,.__%~._~pe- Expires September 11,2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 22, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 April 22, 2003 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE J A. Pastor Andrew Delong, Tree of Life Church AGENDA AND MINUTES e Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes-5/0 Be March 19, 2003 - Special Meeting Approved as presented-5/0 Ce March 19, 2003 - Community Redevelopment Agency Meeting Approved as presented-5/0 Do March 25, 2003 - Regular Meeting Approved as presented-5/0 go April 2, 2003 - District 5 Town Hall Meeting Approved as presented-5/0 Fo April 4, 2003 - Workforce Housing Workshop Approved as presented-5/0 SERVICE AWARDS Presented 2 April 22, 2003 e A. Twenty-Year Attendees: 1) Barbara Pedone, Communication and Customer Relations 2) Glenn Price, Parks and Recreation B. Twenty-Five Year Attendee: 1) Howard McFee, Community Development Services PROCLAMATIONS Ae Proclamation to proclaim the week of May 4 to May 10th for Be Kind to Animals Week. To be accepted by Jodi Walters, Director, Domestic Animal Services. Adopted-5/0 Be Proclamation to designate April 25 and April 26, 2003 as Collier County Government Days. To be accepted by Barbara Pedone, Communications and Customer Relations Administrative Assistant. Adopted-5/0 Co Proclamation to designate the Month of May as Elder Law Month. To be accepted by Jill Burzynski, Collier County Bar Association President and an Elder Care Law Practitioner. Adopted-5/0 Proclamation to recognize the month of May as Civility Month. To be accepted by Collier County Attorney, David Weigel. Adopted-5/0 Ee Proclamation to designate May 2003 as Florida State Parks Month. To be accepted by Joe Howard from Collier-Seminole State Park, Greg Toppin from Fakahatchee Strand Preserve State Park and Robert Sieiger from Delnor-Wiggins Pass State Park. Adopted-5/0 FJ Proclamation to designate the week of April 20-26, 2003 as Rotary International Group Study Exchange Week. To be accepted by Leslie Cleaver, Rotarian Team Leader. 3 April 22, 2003 Adopted-5/0 PRESENTATIONS Ae Recommendation to recognize Connie Staples, Accounting Technician, Utilities Finance Department, as Employee of the Month for April 2003. Recognized Continued to May 13, 2003 B. Presentation by Fire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. Ce An oral report to the Board of County Commissioners on the results of an employee "Ethics Audit". (Jean Merritt, Interim Director, Human Resources) Continued until Dr. Leonard Firenz of International College can be present- Approved-5/0 6. PUBLIC PETITIONS e Ae Public petition request by Mr. Gerald Bums to discuss excluding Kensington from the Livingston Road Beautification Phase II MSTU. Staff directed to bring back on a future agenda-Approved-5/0 Be Public petition request by Mr. Bryan Banks to discuss gun range located east of CR951 and north of Rattlesnake Hammock Road. Meeting to be held with Sports Park people and neighbors-(Consensus) BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. VA-2003-AR-3658, Beau Keene, P.E., of Keene Engineering, representing Maria Martinez, owner, requesting a 3.3 foot after-the-fact front yard setback variance from the required 15 feet leaving a 11.7 foot front yard for residential property located in the "E" estates zoning district, the property to be considered for the variance is located at 811 Everglades Boulevard at the northwest intersection of 8th Avenue NE and Everglades Boulevard north, in Section 6, Township 49 S, Range 28 E, Collier County, Florida. This property consists of 1.64 acres and is located in Golden Gate Estates. 4 April 22, 2003 ge e Resolution 2003-157-Adopted-5/0 ADVERTISED PUBLIC HEARINGS Am This item to be heard at 1:00 p.m. An ordinance amending Section 130-3 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 83-35 § 1, relating to restricting tracks weighing over 5 tons from using the left lane on multi-lane roadways, except for passing or preparing to make a left mm; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Ordinance 2003-19 Adopted w/change-5/0 Board consideration of the adoption of an ordinance creating the Naples Park Area Underground Power Line Municipal Services Taxing Unit; providing the authority; providing for the creation of the Municipal Services Taxing Unit; providing a purpose and governing body; providing for annual estimates of expenses; providing for ad valorem taxes; providing for the collection of taxes; providing for the duties of the County Manager; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Ordinance 2003-17 Adopted-5/0 Co Adopt the Collier County Industrial Pretreatment Ordinance including general discharge prohibitions of industrial waste; maximum concentrations allowed; use of interceptors (grease traps); and, service charges and fees. Ordinance 2003-18 -Adopted-4/0 (Commissioner Fiala out) BOARD OF COUNTY COMMISSIONERS Ae Be Ce Appointment of members to the Educational Facilities Authority. Resolution 2003-158 re-appointing Barbara Minch Rosenberg- Adopted-4/0 (Commissioner Fiala out) Appointment of member to the Collier County Health Facilities Authority. Resolution 2003-159 appointing Dr. Joan Colfer - Adopted-4/0 (Commissioner Fiala out) Appointment of members to the Housing Finance Authority. Resolution 2003-160 re-appointing Gary D. Lind and appointing Suzanne Bradach - Adopted-4/0 (Commissioner Fiala out) 5 April 22, 2003 te Fe Ge Je Appointment of members to the Industrial Development Authority. Resolution 2003-161 re-appointing Barbara Minch Rosenberg and John R. Humphrey - Adopted-4/0 (Commissioner Fiala out) Appointment of members to the Water and Wastewater Authority. Resolution 2003-162 appointing Dr. Fay R. Biles and W.J. "Jack" Markel - Adopted-4/0 (Commissioner Fiala out) Appointment of member to the Pelican Bay MSTBU Advisory Committee. Resolution 2003- 163 appointing Donald Spanier to a 4 year term Adopted-4/0 (Commissioner Fiala out) Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. Resolution 2003-164 re-appointing Bill L. Neal, Sharon King and Ronald Fowle to serve 2 year terms; and appointing Bruce Babbitt to serve the remainder of a vacant term expiring on May 22, 2004 - Adopted-5/0; additional position to be re-advertised and letter to be sent to Peter VanArsdale to take active part in committee as a private citizen. A Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. Resolution 2003-165 extending the term for one year, to expire on June 26, 2004 - Adopted-5/0 Discussion on employees and Commissioners Ethics Ordinance. (Commissioner Henning) County Manager to incorporate memo into employee's paychecks regarding gifts; Ordinance to be amended. This item to be heard at 1:15 p.m. Request the Board reconsider prior Board direction to staff to fabricate and install signs requesting trucks not to use engine brakes in and near residential areas. (Commissioner Halas) Motion to not post brake signs and for Chairman to write letter to law enforcement agencies as well as Jacobson Brake Company to work with trucking facilities to help enforce safe and proper equipment- Approved-3/2 (Commissioners Coletta and Fiala opposed). 6 April 22, 2003 10. COUNTY MANAGER'S REPORT Request by Melanie and Tim Beebe for waiver of variance petition fees for property located at 245 22nd Avenue NE, further described as Golden Gate Estates, Unit 23 East 180', Tract 50, in Section 27, Township 48 south, Range 27 east, Collier County, Florida. (Joseph K. Schmitt, Administrator, Community Development) Petitioner to pay $1000.00 fee for variance- Approved-4/1 (Commissioner Coletta opposed) Approve a work plan proposed by the Black Affairs Advisory Board. (John Dunnuck, Administrator, Public Services) Approved-5/0 Ce Approve a Collier County landscape beautification master plan and funding; approve a level of landscape beautification for medians, retention ponds, and interchanges; adopt the Collier County Landscape Beautification Master Plan as policy for arterial and collector roadways. (Norman Feder, Administrator, Transportation Services) Motion to accept Type B and C1 Master Landscaping Plan- Approved 5/O Item continued from the April 8~ 2003 BCC Meeting. Approve a Supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. (John Dunnuck, Administrator, Public Services) Approved-4/0 (Commissioner Coyle out) Adopt resolution opposing proposed Senate Bill No. 654 and House PCB BR 03-06 which have the potential to allow telephone companies unconscionable, unjustified rate increases and prohibits local governments authority to enforce cable franchise agreements with regard to services and quality of service related to broadband or information services. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-166 Adopted-5/0 Moved from Item #16A7 F. Recommendation to approve Commercial Excavation Permit No. 59.856/AR-3916 "Creative Homes Commercial Excavation", located in 7 April 22, 2003 Section 21, Township 48 south, Range 28 east; bounded on the south by 31 st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. Approved with stipulations-5/0 Moved from Item #16E3 G. Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. Current contract extended until new contract is awarded - Approved- 5/0 Moved from Item #16D5 H. Address wage and retention issues within Emergency Medical Services. (Commissioner Coyle request) Approved-5/0 Moved from Item #16A9 I. Approve a TDC Category "A" Grant Application and Budget Amendment in the amount of $16,000 for installation of gates at South Marco Beach Access Parking Area. Approved-5/0; Staff to look at extending hours of beach access and bring back. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. Ae Recommendation that the Board of County Commissioners approve a settlement of all issues concerning payment that have arisen between and among Collier County, the Clerk of Circuit Court and Kraft Construction Co., Inc. in connection with the construction of the North Naples Library. Approved-5/0 OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 8 April 22, 2003 Ao Be Closed Session to be held May 13, 2003, regarding lawsuit of Terracina L.L.C. vs. Collier County. Discussion regarding Code Enforcement issues on Bonita Beach Road Policy regarding Summer Dress code rescinded. Resolution 2003- 167 regarding not lifting the tariff on imported citrus juice - Adopted-5/0. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve 2003 Tourism Agreement with the City of Naples for Tourist Development Special Event Grant, regarding the 2003 City of Naples Fourth of July Celebration, in the amount of $50,000. 2) Approval of proposed payment of nuisance abatement principal only for Resolution No's: 90-550, 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. 3) Approval of th-party agreements for Sawgrass Pines and Saddlebrook Village Apartments. 4) Code Enforcement lien resolution approvals. Resolutions 2003-144 through 2003-148 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Four, Phase One". Resolution 2003-149 9 April 22, 2003 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Four, Phase Two". Resolution 2003-150 Moved to Item #10F 7) Recommendation to approve Commercial Excavation Permit No. 59.856/AR-3916 "Creative Homes Commercial Excavation", located in Section 21, Township 48 south, Range 28 east; bounded on the south by 31 st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. 8) Request to authorize the Chairman to execute a construction, maintenance and escrow agreement for Summit Place, Phase I. Between Waterways Joint Venture IV, Waehovia Bank National Association and the Board of County Commissioners Moved to Item #10I 9) Approve a TDC Category "A" Grant Application and Budget Amendment in the amount of $16,000 for installation of gates at South Marco Beach Access Parking Area. 10) To approve a budget amendment of $249,000 for the expenditure of funds from Fund 186-Immokalee Redevelopment, for projects within the Immokalee Redevelopment Area. 11) Companion Item to 17F: Approve FY03-04 (July 1, 2003 to June 30, 2004) Community Development Block Grant (CDBG) Program and Home Investment Partnerships Program (HOME) budgets and authorize FAH Department to hire one additional staff member to implement and administer the CDBG and HOME Programs. 12) This item continued from the April 8~ 2003 BCC Meeting. Recommendation that the Board approve $206,000 in additional funding to augment current appropriations for consulting and legal services from Carlton Fields under the existing continuing services contract for contingent growth management services in support of the Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process, Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and the 10 April 22, 2003 Work Program for development of LDC to implement the Final Order Amendments to the GMP. B. TRANSPORTATION SERVICES 1) Approval of a resolution of the Collier County Board of County Commissioners requesting continual regional coordination efforts between the Collier County MPO and the Lee County MPO. Resolution 2003-151 2) Approve Change Order No. 4 in the amount of $10,152.75 to Better Roads, Inc., for the Livingston Road Project, Phase III, from Pine Ridge Road to Immokalee Road, Project No. 62071. 3) Approve a budget amendment to transfer funds from the Urban Immokalee Basin Stormwater Master Plan Project (51013) to the Fifth Street Ditch Enclosure Project (51725) in the amount of $190,000. 4) Approve award of a construction contract to the lowest bidder, Better Roads, Inc. for the Transfer Road Improvements Project No. 69110 Bid No. 03-3453, in the amount of $580,945.70. 5) Approve a budget amendment in the amount of $50,000 to establish a reserve fund in the MSTD Landscape Project Fund 112. 6) That the Board approve the Vehicle Lease Agreement between the Collier County Board of County Commissioners and ATC Paratransit and authorize the Chairman to enter into the agreement. ATC Paratransit to reimburse the County for any maintenance and fuel costs 7) Approve Change Order No. 4 in the amount of $22,751.76 to Ajax Paving Industries Inc. for the Goodlette Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. 8) Approval of work order under Contract//00-3184, for the construction engineering and inspections services by HDR Construction Control Corporation, for Lakeland Avenue Bridge and Roadway Construction, Project No. 66042, in the amount of $147,277. 11 April 22, 2003 9) Recommendation to approve the purchase of one (1) single engine street sweeper truck, per Bid #03-3485. To Environmental Products of FL. Corp., in the amount of $156,447 Continued to May 13, 2003 10) This item continued from the April 8~ 2003 BCC Meeting. Recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an Indemnification Agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. With Pulte Home Corporation and PR IV, a FL Limited Liability Company 11) Approve a change order with Better Roads Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. Change Order #1 12) Approve Bid #03-3490, "Vineyards/Pine Ridge Road Median Irrigation Installation and Award to Hannula Irrigation Inc." in the amount of $68,111.41. C. PUBLIC UTILITIES 1) 2) 3) Ratify the award of a work order to Mitchell and Stark Construction Company, Inc., for acid feed pump modifications at the North County Regional Water Treatment Plant, Project 70057, in the amount of $65,374. Approve Change Order 2 to Douglas N. Higgins Inc., for Port-Au- Prince Utility Replacement, Project 73060 and 70074, Contract 02- 3367, in the amount of $3,000. And ratify Change Order #1 Approve a work order, under Contract #01-3271, fixed term professional engineering services for Coastal Zone Management Projects, with Coastal Planning and Engineering Inc., for the annual 12 April 22, 2003 monitoring of County/Naples beaches, Project 90004, in the amount of $93,825. 4) Approve budget amendments for the re-appropriation of funds within the water and wastewater impact and user fee projects. 5) Approve amendment to Professional Services Agreement with Water Resource Solutions related to aquifer storage and recovery of reclaimed water, RFP 99-2926, Project 74030, in the amount of $550,222. Amendment #3 6) Approve a change order for an additional $9,750 in consulting fees to Public Resources Management Group (PRMG) for a Project Feasibility Report for refunding Utility System Revenue Refunding Bonds, Series 1994 with Series 2003 Bonds. D. PUBLIC SERVICES Withdrawn 1) 2) Authorize termination for convenience of secondary concession location at Naples Branch Library under Contract No. 02-3334 "Library Coffee Bar Concession Agreement", with Paradise Consultants, Inc. Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003- 2004. 3) Approve budget amendment of $150,000 from General Fund Reserves to pay for expenditures incurred and anticipated as required by the Health Care Responsibility Act (HCRA). 4) Approve an agreement with Turbomecca Engine Corporation for helicopter maintenance in the estimated amount of $386,000 over a period of three (3) years. For Emergency Medical Services Moved to Item #10H 5) Address wage and retention issues within Emergency Medical Services. 13 April 22, 2003 6) Approve a Resolution naming the Nature Trail at Barefoot Beach Preserve the Alice and Harold Saylor Nature Trail. Resolution 2003-152 E. ADMINISTRATIVE SERVICES 1) Approval to award Bid No. 03-3474 for the purchase of plumbing parts and supplies used in County repairs and maintenance estimating $57,000. To Plumbmaster Professional Group, Hughes Supply, Ferguson Enterprises and Best Plumbing Continued to May 13, 2003 2) Recommendation to award Bid No. 03-3468, pump and motor repair for County-wide maintenance of equipment to Naples Armature as primary and Horvath Electric as secondary in the estimated amount of $300,000. Moved to Item #10G 3) Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. 4) Recommendation to award Bid No. 03-3487, Supervisor of Elections Building (C2) renovations to Surety Construction Company in the amount of $605,182 and approve a budget amendment in the amount of $163,536 to finish the Supervisor of Elections move along with the Clerk of Courts 5th and 6th floor renovations. 6) Approval of a first amendment to lease agreement with Congressman Porter Goss to extend his office space lease for two additional years at total revenue of $20.00. Located on the second floor of the W. Harmon Turner Building Recommendation to approve and implement a procedure for reporting and ratifying staff-approved change orders to Board-approved contracts. '14 April 22, 2003 Fe Ge He 7) Approve Change Order No. 5, Contract//00-3070, design of the Development Services Building Addition and Parking Garage, to Barany Schmitt Summers Weaver and Partners, Inc., in the amount of $9,000. 8) Approve surplus of a 1996 Freightliner Medic Master Ambulance and donation to the City of Naples. To be used by the City of Naples Police Department for use in their SWAT operations COUNTY MANAGER 1) Approval of Budget Amendment Report-budget amendment #03-253 for $500 to pay for outstanding electric bills and for the remainder of the fiscal year. #03-253 for $500 and//03-254 for $15,320 2) Approve Hold Harmless and Indemnification Agreement from Montelena Developers Inc., and the Montelena Condominium Association for the benefit of Collier County and for any claims resulting from the construction and use of an electronic gated entry by Montelena Developers Inc. AIRPORT AUTHORITY 1) Approve a budget amendment for $50,600 to complete the Immokalee Industrial Park Improvement Project 33327. At the Immokalee Regional Airport BOARD OF COUNTY COMMISSIONERS Je MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose 15 April 22, 2003 17. and authorize the expenditure of County funds to satisfy said purchases. 2) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula Grant Program. As contained in the Executive Summary COUNTY ATTORNEY 1) Approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the acquisition of parcels 102A, 102B, 102C and 103 in the lawsuit styled Collier County v. 520 Fifth Avenue Company LP, et al., Case No. 02-1766- CA (Livingston Road, Project No. 62071). As contained in the Executive Summary 2) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 177 in the Lawsuit styled Collier County v. Big Corkscrew Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). $12,900 to be deposited into the Registry of the Court 3) Request for the Board of County Commissioners to authorize Cinco de Mayo Annual Festival to be held at the Immokalee Airport, including sale of alcohol and waive the sixty-day application period. To be held on May 3, 2003 SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN 16 April 22, 2003 OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that ali participants be sworn in and ex parte disclosure by provided by Commission members. SE-03-AR-3928, an Ordinance amending Ordinance 02-47, the ASGM Business Center of Naples PUD to correct a Scrivener's Error resulting from the unintentional omission of the conceptual PUD Master Plan in the transmittal copy of the adopted PUD to the Department of State for the property located on the east side of Collier Boulevard (CR 951) in Section 10, Township 51 south, Range 26 east, Collier County, Florida. Ordinance 2003-15 This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. CU-2002-AR-2866 Marlo Valle of Creative Homes, requesting a conditional use in the "E" Estates Zoning District per LDC Section 2.2.3.3.7, to allow a lake excavation on 5.0 acres located at 4225 31 st Avenue NE and 4235 31 st Avenue NE, further described as Tract 73, Golden Gate Estates Unit 67, in Section 21, Township 48 south, Range 28 east, Collier County, Florida. Resolution 2003-153 This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. VA-2002-AR-3191, Dawn Winters, requesting a variance from the required setbacks for the front yard and both side yards for property located at 112 Moon Bay Street, further described as Lot 112, Port-Au-Prince subdivision, in Section 15, Township 51 south, Range 26 east, Collier County, Florida. Resolution 2003-154 This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. Petition AVPLAT2003-AR3774 to disclaim, renounce and vacate the County's and the Public's interest in two portions of the drainage easement located in Tract "A", according to the plat of"Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier County, Florida, and to accept two relocation drainage easements within said Tract "A", located in Section 13, Township 49 south, Range 25 east. 17 April 22, 2003 Resolution 2003-155 This item requires that all participants be sworn in and ex parte disclosure by provided by Commission members. RZ-2002-AR-3539 Vincent A. Cautero, AICP, of Coastal Engineering Consultants Inc., representing Habitat for Humanity of Collier County, Inc., requests a rezone from "A" Rural Agricultural Zoning District to "RSF-5(3)" Residential Single-Family Zoning District to allow a maximum of 31 lots to be developed as a residential subdivision with some percentage to be set aside for affordable housing units. This property consists of 10.3+ acres; this area may be added to a 26.4-acre subdivision that was approved for a maximum of 79 single-family home sites that is located immediately to the north. The subject property is located at 10401 and 10407 Greenway Road, in Section 12, Township 51 south, Range 26 east, Collier County, Florida. Ordinance 2003-16 Fe Companion Item to 16 (A) 11: A resolution by the Board of County Commissioners of Collier County, Florida, approving the Fiscal Year 2003- 2004 Collier County Consolidated Plan One-Year Action Plan, for Community Development Block Grants (CDBG) and Home Investment Parmerships (HOME) Program, authorizing necessary certifications, approving execution of CDBG Sub-Recipient Agreements by CDES Division Administrator, authorizing submission to the United States Department of Housing and Urban Development, and providing for an effective date. Resolution 2003-156 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 18 April 22, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 22, 2003 Item 5 B - Continue to M ay 1 3, 2 003 B CC M eetin_cl: Presentation by F ire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre-entry treatments on roads. (Petitioner request.) Item 9H: (Copy of Resolution was omitted from original executive summary.) Resolution of the Board of County Commissioners to extend the term of the Community Character/Smart Growth Advisory Committee. (Staff request.) Move Item 16.A.7 to 10F: Recommendation to approve Commercial Excavation Permit No. 59.856/AR-3916 "Creative Homes Commercial Excavation", located in Section 21, Township 48 south, Range 28 east; bounded on the south by 31st Avenue NE right-of-way, on the west, north, and east by vacant estates zoning. (Commissioner Fiala request.) Correction to Item 16.A. 11 - Under "Considerations" should read, "... and an increase in CDBG program funding from $2,159,000 to $2,778,000". (Staff request.) Item 16.B.1 third paragraph, first line should read: "coordinate" not "coordination". Withdraw Item 16.D.2: Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003-2004. (Staff request.) Move 16.D.5 to 10H: Address wage and retention issues within Emergency Medical Services. (Commissioner Coyle request.) Continue Item 16.B.10 to May 13, 2003 BCC meeting: (This item was continue from the April 8, 2003 BCC meeting). Recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an Indemnification Agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. (Petitioner request.) Continue Item 16.E.2 to May 13, 2003 BCC meeting: Recommendation to award Bid No. 03-3468, pump and motor repair for County-wide maintenance of equipment to Naples Armature as primary and Horvath Electric as secondary in the estimated amount of $300,000. (Item continued as staff received a notice of intent to protest.) Move Item 16.E.3 to 10G - Award RFP 03-3444, Janitorial Services Contract in the estimated annual amount of $1,251,800 and approve a budget amendment in the amount of $222,800 to the operating budget to cover the increase costs associated with the new contract. (Staff request.) Correction to Item 17F: (Companion item to 16.A. 11) "Exhibit A" to correct fund amounts. (Staff request.) Replacement pa.qe for Note: This should be read into the record before approval of the consent aqenda: Item 16.A.3 - The two referenced Exhibit "A"s with legal descriptions were not included in the public agenda package and are now made part of the public record. P~O~LAA~A TION 141HEREA$, 14tHEREA$, 14IHEREA$, we have been endowed not only with the blesdngs and bene£its o£ our an/ma/Ir/ends, who 9ire us companionship and 9rear pleasure in our daffy lives, but a/so w/th a £/rm respons/b//ify to protect these ir/Iow creatures, w/th whom we share the Earth, from pain and su££ering; and, we recognize that insdllin9 a~ti~udes of kindness, consideration, and respect for all Iiv/n9 things through humane education in schools and the communHy he/ps provide badc values on which a humane and civilized sac/ely is built; and, the people in this community are deeply indeb~,ed to the an/ma/ care and control agencies for their invaluable contribution in , carin9 for lost and unwanted animals and promodn9 a true spirit o£ kindness and condderadon £or animals in the minds and hearts of afl people; the celebrati~ 0~ the ~philosophy as the annual for the 8d NOW DONE AND ~]t~ c/dzens.~ this TOM HENNING, COMMZ$$XONER$ FLOI~ZDA A ~I'E$ T~ P~OCLAA4A TION Cailler County actively port/c/pates/n the celebration of Count/ Government Days; and, the event is conducted at the Coastland Center A4a//; and. Wl4E~EA$, Cailler County/s one of the fastest 9rowin9 count/es/n the state and hopes to meet the challenges by pray/din9 except/anal service to/ts res/dents; and, ~VHE~EA$, event affords the Coudy the opportuni~/ to increase commun/fy awareness about the services the County provides and allows the Counly to showcase/ts employees and the pr/de and profess/anal/sm they d/splay/n their work; and, ~VHE~EA$, most of the Coun~t; ~n~are represented at this event; staff prepares display b~s~ ~:PrOv/des information dur/n9 this event and.are avaflable~to ans~n..~::que~t/ons; and, ~VHEREA$, NOW THEgE?On~, be/t proclaimed bY lth~~ Bo~trd O~ Cailler Counly, FIoMda, that April ~5 and Apn~::::~86,:~:.2~3 be dedgna~ed as Cailler Coun~ GovernmenP :~:'~ ~ DONE AND ORD~D THIS ~nd Day of Apr/I, ~3~'~::: ~' ~:~ ~:~ :~::~;~:" meet Coun~/ officials and stall members~and have open and friendly discussions. ~. ' '" ~ ~ i ~ ' '~ ~ ' ~ ~ ' .... " '~ of HENNIN~, A TTE$ T: P~OCLAI~A TION ~Vl4EI~EA$, A~ay has traditionally been observed as E/der Law A4onth nationwide; and, WHEI~EA$, o/der Americans have legal needs which require spec/a/knowledge, expertise and attention; and, 141HEI~EA$, the State of Florida consistently endeavors to be responsive to the needs and rights of Florida's older c#/zen's so they are empowered to age/n a place w#h security, d/gn#y, and purpose; and, WHEREAS, WHEREAS, I!VHEI~EAS, WHEREAS, the Academy of F/or/da E/der Law Attorneys, the E/der Law Sect/on of the P/oHda Bar, and the F/or/da Department of E/der' Affairs strive to inform o/der Floridians and to make them aware of their legal rights; and,~ the popukrlfonOf ih~i.:i':~'!~i to age, requiring specialized prokssionals to meet even:' cha~[~ needs; an~ faro 1t~: :tn order to~'a~$s a and concerns E/der Law encom~ss~s ~a range . ~'~>~tant ma~ers s~h. a~ estate plannit, .. a~e~ protect/on, planning, /o~:~e~ ca~ planning,, mesidence rights, ~or sen/ors and ~tecfion from abuse and neglect. Collier CoUnty,~: lmlorida,; of A4ay be designated as DONE AND ORDERED THIS 22nd Day of April, 2005. PROCLA..MA T_TON WHEREAS, I~HEREA$, WHEREA.~, WHEREAS, I, VHEREA$, NOI4" the open exchange of public discourse is essential to the democratic system o£ 9overnment; and, as a cornerstone of democracy Americans have observed the certain rules o£ behavior 9enero//y known as c/viii/y; and. c/v/lily, derived from the Latin words "c/v/tas" mean/n9 c/ly and "c/v/s" mean/n9 c/t/zen behavior worthy of citizens i/yin9 in a commun/ly or in common w/th others; and. d/splays of anger, rudeness, rM/cule, impatience, and a lack of respect and persona/attacks detract from the open exchange o£ ideas, prevent £o/r discussion o£ the issues, and can discourage individuals £rom partic/paHon in 9overnment; and, c/v/lily can allow our ~he of ~nth of d/verse issues and and, ,~ pleasant to i/ye of The by all as and toward each other. DONE AND ORDERED THIS BOARD OF COUNT~ COMMI$$IONER$ TOM HENNING, CHAI~N A TTE$ T: PROCLAI~A TZON FIorida'~ masdve and diveree state gark ~ystem, with ovtr 600, ~ ~r~s ~nd 1~ ~rks, h~s mcdved n~tiond rec~nition for its stat~ parks pn~n¢rships, its cu~i~- envi~nmen~al ed~ational ~lue; an~ WHEREAS, Florida's beautiful state parks are vital to the environmental, economic and resource management goals o£ the state while providing a relaxing outdoor experience visitor's; on~ WHEREAS, Florida's state park ~/stem not only preserves these pristine natural areas forever, it also has a growing positive economic impact in Florida's local communities, which totaled $551 m/ilion last year/and, ~VblEREA$ local state parks, such as Collier-~eminole, Fakahatchee Strand Preserve and De/nor- 14ii, ins Pass ail located in Collier County, Florida have a total o£ 25 employees. 564, 883 combined annual visitors, and a combined economic impact o£ $15.05~ 688 on the local community, and all have exceptional £eatures. Coll/er-~eminole State Par/< is known £or the Vt/a/king Dredge that helped create the Tam/am/ Trail and its masdve mangrove £orest; Fakahatchee ~t~nd Prese~e ~a~e Park/~ known ~or ~he ~trond~ and the ~lor/da Pan,her ~abita~; and ~lnor-~/~/ns P~s is known Yor pr/~dne beach; all resuld~ ~n substantial enhancement DY the qual/~ o/I/Ye Yor oar citizens; an~ and volunteers I~t ~tar ~vi~d ~, ~ h~rs af se~/ce, the equivalent of 435 fulI- W~EgEAS, its ~l~tr ~mt, alo~ with itt i~ati~ ~s~i~ ~ms, allow Florida ~ state ~k ~tem to p~de mum m~t~es with ftwtr ~loyg~; and, WflEREAS, Fl~da~ state ~rk% a~ t~d in'~~ 'of ~nershi~ with ~ional a~ I~al ~s in PloMda ~o ma~e these inve~able ~s~es available ~o ~ida cidxens and ~sit~s; a~ ~W ~0~ ~ it ~laimed bY the ~ aY C~n~ ~ommisdo~es ~'~' ~n~, ~loMda. that ~allier ~oun~ recognize~ the immense env/~nmental ~d tcanomic beneYits F/or/da ~ta~ P~ks to the state ~ local communitie~ by and to encoueag~ all ct#';te4~ ~ Florida's beauti£ul and diverse state parks in Aqay.~O0$,~: ~i:(.n .d~.Y~r~ to come so £uture generations of F/oridians and visitors may t~lso ~oy and I~en about Florida's unique natural and cultural heritage throngh these pr/ce/ess areas. DONE AND ORDERED Tbl_r$ 22nd Day of ApMI, ~005. TOt~ HENI~NG, ~HA~ ORO~K, ~LERK P I~ O C L A A~ A T_T O ~ ~VblEI~EA$, we welcome the Rotary ~nternational Group Study Exchange Team /rom l~otary ~nternaHonal District 9650, Australia to Co/I/er Counly, Florida; and, the l~otary Foundation of I~otary Znternat/ona/ Group Study Exchange Program has sent to us a team o£ six Team/Aembers, /nc/ud/n9 Les/ey Cleaver, the l~otar/an Team Leader, who abe vi~/t/n9 Co/I/er County to study our institutions and way o£//Ye; and, ~VHEI~EA$, the team members will also observe the practice o£ their own pro£ess/ons and exchange ideas; and, V/HEI~EA$, the team/$ able to personally exper/ehce~ £am/ly Ii/esl)les as they are hosted by l~otary C/ubs o£ Coil/er County and given accommodations in local homes; and, ~VblEI~EA$, the t~otary Foundatioh ~ t~otarians and others worldwide. ~ts obJective ~is the achievement o£ world understand/n9 and peace through international human/tar/an and educational programs. NOW THE/~EFOg~ be it proc/aimed by'~.he Board of Coun~.~:.'~"Omm/ss/oners of Coil/em Counly, Florida, that the week of April ~0,26, 2003 be designated as ~VEEK A ~rE, s T: KENSINGTON PARK MASTER ASSOCIATION TRANSITION COMMITTEE (KPMA T/C) April 4, 2003 Tony Steiner Developer, Kensington Golf& Country Club Rebhalde 8 CH 5620 Bremgarten Switzerland Dear Mr. Steiner: We hereby request that you protect all the residents of Kensington from an impending $75,000 tax for the Livingston Rd. Beautification MSTU, which you initiated without our approval. The $75,000 is the amount assessed on Kensington residents as our portion for the upgraded street light cost of approximately $230,000 The Grey Oaks portion is approximately $160,000, which that Developer has agreed to pay on behalf of his residents. Of course you can make the argument that you have no legal obligation to do so, but we disagree, and we suppose that could be proven one way or another in a court of law. But there is something more important going.on here: we feel you have a moral obligation to pay this assessment. The Board of County Commissioners agreed to reconstitute this MSTU last September, and to delay our tax assessment for one year.. This demonstrated their concern that we were wrongly obligated for the taxes of the MSTU, because you and the Grey Oaks Developer established it without first obtaining our approval. . Mr. Steiner, you'and the Grey Oaks developer contracted with former County Manager. Neil Dorril to help get the MSTU approved in Dec. of 2001 .' Having attended the Commission meeting on or about Sept. 8, 2002 regarding the MSTU, we can assure you the Commissioners were shocked, that the residents of Kensington and Grey Oaks were never given the oPportunity to approve this MSTU taxing authority. In other words, we were taxed without representation. ..:-. Kensington homeowners object to this tax that was levied without their representation, and the Board of County Commissioners were outraged as well by your lack of due process. This can all be amiably reconciled, however, if you do the right thing now and pay the $75,000 in the form of a Letter of Commitment to the Board of Collier County Commissioners. We urge you to meet your obligation as the developer of Kensington and as a good neighbor. We are certain that the Board of County Commissioners will look favorably on you if you do. KENSINGTON PARK MASTER ASSOCIATION TRANSITION COMMITTEE (KPMA T/C) Page 2 Sincerely, Harry Fiocchi Chairman, KPMA T/C Jer~ Bums Vice Chm., KPMA T/C Dr. Ch~ie Zinn KPMA T/C, Rep. Copy: JeffMangan, Kensington Park Development Fred Coyle, Collier County Commission, District 4 Jim Mudd, Manager, Collier County John Hagan, Pres., Kensington Golf& CC Board of Directors Presidents, Kensington Homeowner Associations KPMA T/C - all members PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTll~ICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake ali necessary steps to exclude the Kensington property owner~ from Ordinance No. 2001-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit. Owners of mujltiple lots please identify, f'dl in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPE~Y OWNERS FROM TWg. DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners requeSt that the Collier County Commission undertake all necessary Steps to exclude the Kensington property owners from Ordinance No. 2001-76 LivingSton Road Beautification Phase II Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naple~, FL 34105-~651 Kensington Address ~)~'~' Mo. Print Owner's Name ~ignaSure~ Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit.' Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 3410S-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF ~ LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that ~he Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Li~ngston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujitiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE II MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit.' Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date d 5"/.Va PETrrION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM Tl!!~ DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners'from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM TI~, DISTRICT AND ALL PROVISIONS OF Tile LIVINGSTON ROAD BEAUTIFICATION PHASE II MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the KenSington property owners from Ordinance No. 200t-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date Kensington Address Print Owner's Si re D · PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM TWE DISTRICT AND ALL PROVISIONS OF ~ LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Dat~ /2. PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the CoUier County Commissioll undertake ali necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltlple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM TWg, DISTRICT AND ALL PROVISIONS OF TWI~. LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name S~ture Date - /' -/ .... 7/' t PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM ~ DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE II MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the. Collier County Commission undertake all necessary stePS to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lar, ~aster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name ~~e C~-'~'~---- ~. Date ~ ~ | _ ~ .... ,~ '" ~ -''' ~'~' v~ ~- ' . .~ ~ I ..~ , .~. PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners'from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, f'dl in, and sign for each separate lot. R~TURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date I! p I! if If PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake ali necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 r~.~Kensington Address , ~rint O~w~ner's Name Date I/- ,1,;,/ '* PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of multiple lots please identify, ill! in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FI, 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit; Owners of multiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Chariie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address i ~j u Print Owner's Name Signature Date (1 ? ~ 6":. ti' o ,~ :, &..,j PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTWICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit.' Owners of mulltiple lots please identify, f'dl in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #$, Naples, FL 34105-5651 Kensington Address Print Owner's Name Si~iire __ . Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase ii Municipal Services Taxing U.nit. Owners of mu~ltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit.~ Owners of multiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, ~50~55 Lancaster Drive, #~5, Naples, F.~ 105-5651 ~_.~ ~.! ~,~ ,,/,~ ~ J~.c~R~,'~ ~ ///~/'~-~ PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF TKE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake ali necessary steps to exclude the Kensington property owners from Ordinance No, 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 _I_,ancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF TI~ LIVINGSTON ROAD BEAUTIFICATION PHASE Il MUNICIPAL SERVICES TAXING UNFF ORDINANCE NO. 2001-76 Itoad ~ Piton FI Municipal Service, Taxin~ Unit. pe~lom to: Dr. Charlie Zinn, 303S Lancaster Drive, ~;3, Naples, FL JdlOS.~S6SI t /~" ' . 8/ PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTWICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners reques~ that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 21}01-76 Livingston Road Beautification Phase Il Municipal Services Taxing Unit. Owners of mujlfiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EX~ICE'NSINGTON PROPETY OWNERS FROM'TI~DISTRICT AND ALL PROVISIONS OF ~ LIVINGSTON ROAD BEAUTIFICATION PIIASE !I MUNICIPAL SERVICES TAXEqG UNIT ORDUNANCE NO. 2001-76 The undersigned Kensingm ProperW Owners r~quest that th~ Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit. Owners of mjltiple lots please identify, trill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 3410~-5651 Kensington Address Print Owner's Name Signature_ ..;~.~ Date , q~'-/C ~-,-'-'-4-'~/,~,..'& .' G,~,.i ~3~'~~.- '. ~i;~,~'~,;.,,' . ri -~,,',,,~- ~..-..~}~ [~,~/~-- PETITION TO EXCLUDE KENSEN(~TON PROPETY OWNERS FROM TKE DISTRICT AND ALL PROVISIONS OF TIIE LIVIN~TON ROAD BEAUTU~ICATION PHASE u MUNICIPAL SERVICES TAX~G UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake ali necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston lZ~ad Beautification Phase II Municipal Services Taxing Unit. Owaers of mjltiple loI: pa identify, filt La, and ~n for each separate lot. RETURN signed petitioas to: Dr. Charlie Zinn, 303~ Lancaster Drive, #3, Naples, FL 3410~651 Kensington Address Print Owner's Name Pac. z. Kensington Address PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIYICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Print Owner's Name Signature Date P6 PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTWICATION PHASE H MUNICIPAL SERVICES TAXING UNiT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name (~ignature ~ Date PETITION TO ~,XCLUDE KENSINGTON PROPETY OWNE~ FROM TIIE DISTRICT AND ~I~!. PROVISIONS OF TI~ LIVINGSTON ROAD BLAIYIIlrlCATION lrlLAS~ Il MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The maderatg~M Kemtagt~ Property Ovraer~ request that the Collier Coanty Commiaaion undertake ali m~am~ry steps to exdmle the Keaaiagtou property owners from Ordinance N~ 2001-76 ~ Road Bematificatioa Pha~ Ti Mmdcipal Services Taziag U~q. at mOflple Io~ pleaae ideatlfy, fin ia, md ,~n for eacl~ separate ~ R~TURN ~ianed to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 3410~-fl651 Keaatagtoa Addrm Prim Owaer:a Nme Signature L PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM TWE. DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners ~rom Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL J 4105-5651 Kensington Address Print Owner's Name Signature Date Keu~m Address Prim Owner'm Name Signature t,a~e lr~ ~. o ~ lO o3 03:46p Mmdeline Mozzoni 412 3413820 p.1 PETITION TO EXCLU1)g KENSINGTON PROPETY OWNERS FROM TH~ IJlSTIICT A ALL PROVISIOh'S OF TH]; LIV~GSTON ROAD BEAUTIFICATION PHASE n MUNICIPAL sr, RVlCES TAX~G UL~T ORDINANCB NO. ~001*?S AU necesnr~ sups m esdude the lCcmiqt~ property ~meu f~u Ofllbm~ No. 2aJl-?6 Lh4qsm hd Besutific~ b 11 MuuJdpd brvJees 3'&dog ~nft. Owners o~ mJMl~ bU pat~e ki~ti~, rdi i~ nd dp re~ eib ~pir~ i~ lgTUl~/prod ~fltbns to: Dr. Chrlie Z~nn, 303S Lanctster Drive, ~, Naples, FL, 3410S-.~S1 Kensiog~ Address Print Omm"~ $1gumrc Date ..... . . . _ /h~ ~ PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTIFICATION PHASE II MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that thc Collier County Commission undertake all necessary steps to exclude the Kensington property owners from'Ordinance No. 2001-76 Livingston Road Beautification Phase II Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Si~natu~ Date ¥ Print Owner's Name [ ~ Signature f ~ PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTII~ICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that t.he Collier County Commission undertake ali necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, f'dl in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 34105-5651 Kensington Address Print Owner's Name Signature Date PETITION TO EXCLUDE KENSINGTON PROPETY OWNERS FROM THE DISTRICT AND ALL PROVISIONS OF THE LIVINGSTON ROAD BEAUTWICATION PHASE H MUNICIPAL SERVICES TAXING UNIT ORDINANCE NO. 2001-76 The undersigned Kensington Property Owners request that the Collier County Commission undertake all necessary steps to exclude the Kensington property owners from Ordinance No. 2001-76 Livingston Road Beautification Phase H Municipal Services Taxing Unit. Owners of mujltiple lots please identify, fill in, and sign for each separate lot. RETURN signed petitions to: Dr. Charlie Zinn, 3035 Lancaster Drive, #3, Naples, FL 3410~-5651 Kensington Address Print Owner's Name Signature Date COI.,LI~R COUNT~ FLOR.1DA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement I-I Other: (Display Adv., loca~on, etc.) Pe~fion No. (If none, give b~ef desc~pdon): VA-2003-~-3658, ~ey Buil~g Co~om~on Petitioner: ~ame & Ad.ess): Beau Keene. P.E., Keene Eng~ee~g, 1199 F~t Avenue Sou~, Naples, FL 34102 N~e & Ad.ess o~ any person(s) to be notified by Clerk's Office: ~ey B~l~g Co~. , 2287 E~t T~a~ T~il, Naples. FL 3411: He~g before ~ BCC ~ BZA ~ O~er Requested Hea~g ~te:Ap~l 22, 2003, based on adve~emem a~e~g 15 ~ be~o~ he~g. Newspaper(s) to be ~ed: (Co~lete only if ~o~ant): ~ Naples Daily News ~ O~er ~ ~g~y Req~d Proposed Text: VA-2003-~-3658, Beau Keene, P.E., of Keene En~e~g, ~sen~g M~ M~e~ o~er, ~que~ a 3.3 ioot afler-~e-iact ~ont y~d setback v~ce ~om ~e req~ed 15 teet lea~g a 11.7 foot ~nt ~ for ~siden~ pro~ loca~d ~ ~e "E" Estates zo~g dis~ct. ~e prope~ to ~ co~idered for ~e ~ce h located at 811 Everghdes Bogeyed at ~e no,west ~te~ecfion oi 8~ Avenue ~ ~d Ever~hdes Boulev~d No~ ~ Section 6, To~p 49 S, ~ge 28 E, Co~ Co~, Flo~. ~ prope~ consis~ oi 1.64 acres ~d is l~ated ~ Golden Gate ~t~. Co~on pefi~on(s), ii ~y & proposed he~g ~te: Does Petition Fee ~clude adve~s~g cost? ~ Yes ~ No ~ Y~, w~t accost shoed be c~ged tot adv~g cos~: 113-138312-649110 ~epartmen~ad ~/,~ Approved by: Dat~e County Manager Date List Attachments: DISTRIBUTION INSTRUCTION .S. A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request fo same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for ~e. FOR CLERK'S OFFICE USE ONLY: ~ LCk.~ · Date Received: 3-I'-]- 0 3 Date of Public hearing: ~ Date Advertised: t~. ~. ID 3. RESOLUTION 03- RELATING TO PETITION NUMBER VA-2003-AR- 3658, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted and lawfully assembled Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 3.3-foot after-the-fact variance from the required 15 feet front yard setback to 11.7 feet for the home under construction as shown on the attached site plan, Exhibit "A", in an "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA THAT: Petition VA-2003-AR-3658 filed by Keene Engineering, Inc, representing Maria Martinez, owner, with respect to the property hereinafter described as: South 105 feet of Tract 143, Golden Gate Estates Unit 76, as recorded in Plat Book 5, Page 13, of the Public Records of Collier County, Florida in Section 6,Township 49 South, Range 28 East be and the same hereby is approved for a 3.3-foot after-the-fact variance from the required 15-foot front yard setback as set forth in LDC Section 2.2.3.4.3, to 11.7 feet for the house under construction, as shown on the attached site plan, Exhibit "A", of the "E" Estates Zoning District wherein said property is located, subject to the attached conditions (Exhibit "B"): BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003-AR-3658 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A--Site Plan, entitled "Variance Petition Exhibit," dated January 2003, and stamped Received January 30, 2003 Exhibit B--Conditions 12, VA-2003-AR-3658/KD/Io PLAN = 12.B' ACTUAL = 11.7' REQ'D = 15.0' Z ,,=,1 N O0'lg'lO" E 75.0' 10.5' SIDE YARD REQ'D SINGLE FAMILY RESIDENCE UNDER CONSTRUCTION f81 ~ I 75.0' FRONT YARD PLAN - 10.7' ACTUAL - 11.9' REQ'D = 10.5' RECENED .rAH 3 0 Y003 NORTH 1 R/W F-O.P. '~VERGLADE$ BLVD. E VARIANCE PETITION EXHIBIT  [ ~ JANUARY 12, 2003 ! GOLDEN GATE ESTATES UNIT 76 NAPLES, FLORIDA .34102 PHONE: 403.0123 FAX: 403.9399 PERMIT NO. 2002-023927II I AMSEY 811 EVERGLADES BLVD. N.[ BUILDING CORP. ~ n # ~ 60006 FO_l- 406_05 I ~,~. CONDITIONS FOR VARIANCE ?A The foregoing variance petition approval is subject to the following condition: The variance granted is limited to the after-the-fact front yard encroachment for the house under construction, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated January 12, 2003, and stamped Received January 30, 2003. This site plan is included as Exhibit A.. Revised: 04/03/03 per the Collier County Planning Commission recommendation VA-2003-AR-3658 Exhibit B G:\Current\Deselem\Variances\Martinez, Maria VA-2003-AR-3658\Conditions for Variance.doc March 18, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: VA2003-AR3658 (RAMSEY BUILDING CORP.) Dear Georgia: Please advertise the above referenced notice on Sunday, April 6, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account # 113-138312-649110 7 A NOTICE OF PUBLIC HEARIN~ Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2003-AR-3658, Beau Keene, P.E., of Keene Engineering, representing Maria Martinez, owner, requesting a 3.3 foot after-the-fact front yard setback variance from the required 15 feet leaving a 11.7 foot front yard for residential property located in the nE" Estates zoning district. The property to be considered for the variance is located at 811 Everglades Boulevard at the northwest intersection of 8th Avenue NE and Everglades Boulevard North, in Section 6, Township 49 S, Range 28 E, Collier County, Florida. This property consists of 1.64 acres and is located in Golden Gate Estates. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk March 18, 2003 Beau Keene, P.E. Keene Engineering 1199 First Avenue South Naples, FL 34102 Re: Notice of Public Hearing to consider Petition VA-2003-AR-3658 (Ramsey Building Corp.) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure 7A March 18, 2003 Ramsey Building Corp. 2287 East Tamiami Trail Naples, FL 34112 Re: Notice of Public Hearing to consider Petition VA-2003-AR-3658 (Ramsey Building Corp.) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals@naplesnews.com ATTN:GEORGIA RE:VA2003-AR3658 thanks! VA2003-AR3658.do c VA-2003-AR-3658. doc Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, March 18, 2003 10:13 AM Ted Michaels Delivery Status Notification (Relay) ATl'279488.1:xt ATTN:GEORGIA RE: VA2003-AR3658 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, March 18, 2003 10:12 AM Teri Michaels Delivered: ATTN:GEORGIA RE:VA2003-AR3658 7A ATFN:GEORGIA RE: VA2003-AR3658 <<ATTN:GEORGT. A RE:VA2003-AP,3658>> Your message To: legals~naplesnews.com Subject: A TTN:GEOP, G~A I~E:VA2003-AP.3658 Sent: Tue, 18 Mar 2003 10:11:54 -0500 was delivered to the following recipient(s): legals on Tue, 18 Mar 2003 10:12:12 -0500 ATTN:GEORGIA RE:VA2003-AR3658 Teri Michaels 7A Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Tuesday, March 18, 2003 2:09 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:VA2003-AR3658 rcvd apr. 6 ok georgia ..... Original Message ..... From: Teri Michaels [mailto:Teri. Michaels@clerk.collier.fl.us] Sent: Tuesday, March 18, 2003 10:12 AM To: legals@naplesnews.com Subject: ATTN :GEORGIA RE:VA2003-^R3658 thanks{ <<VA2003-AR3658.doc>> <<VA-2003-AR-3658.doc>> 3/19/2003 NapLes DaiLy News NapLes, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY CONNISSZONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 5~637218 NOTICE OF PUBLIC HEA State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper published at NapLes, in said CoLLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of 1 year next preceding the first pubLicaticm of the attached copy of edvertisementi and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBL[SHED ON: 0~/06 AD SPACE: 116.000 INCH F[LED ON: C)~/07/03 Signature of Affiant Sworn to and Subscribed PersonaLLy known by me My Commission DD05~336 %~C~d~' Expires September 11. 2005 NOTICE OF PUBLIC HEARING. Notice I1' hereby given that ~e, Board of Coun. ty Comml$~onors of C~. Ilar County will hold a pUbliC hearing on Tues. day, April ~, 2003, In the Boardroom, 3rc~ Floor, Administration Building, Collier County Governmen't Center, 3301 Eatt Tamlaml Tral, Naples, Florida. The meeting will begin 9:00 A.M, The Board will conslderl Petition 3658, Beau Keens, P.E.,I of Keens Enolnserlng,I re~resenflng Maria Mor-I tlnez, o .v~er, reQuesflngl a 3.3 foot atter.the.facfl front yard ~ltm~ Varl. I ance from the reClulredl 15 feet leaving a 11.71 foot ~'ent yard-for re~l.I denflal aroaertv Iocatedl tn the "E"'ESt~tot ~n-I me variance Is locofedl of ,111 Everglades BOule-I var~ of the horthwesf In-I ter~cflon of ~h Avenue NE end Everglades Boul. evard Necth, :in Section 6. ToWh~ID '4t Si Range ~ E.,. c~!l.er county, F~orlOa. This ProPerTy conslq~.s of, ].f,4 NOT~I ' All Per~;~ns ~h ~.~ te I .on :any ~gn '"~of ~ll~n I'n d'rhv d u~olle~ ,tlen ar .~iroup enc~raged. ~? recog-I nlsed by the Choir, spokesperson .for al groul~ or orgamzatlOnl ri!ay ee allotted 10 mln.~ Persons wishing to have written or araahlc materials InCluded In the Board agenda ~ack- et~ mu~t ~ab~nit ~a~l ma- terial g m~nlmum of 3 weeks prior to the re- spective public, hearlng. In any c.a~., wrmen ma- terials Intended to be ~ co~sidermt by the Board apm'9~..kde Coupty sta~ a 'mlhlmum st seven deVS Prior to the publlcl hear~g, All materLall tore t~e Beard will ~o al~eal o decision fl~ Bao~l will ~ a r~- mere/ore,may need to ensure thata verbatim record of the proceed. Ings Is made, Which re- cord Includes the testi- mony' ond ,vid.ce IrAL .h,ch ~OA~ OF COMMIS!~NERS By: /~rl ~lchoel$, RESOLUTION 03- 15 7 RELATING TO PETITION NUMBER VA-2003-AR- 3658, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ,7A WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted and lawfully assembled Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 3.3-foot after-the-fact variance from the required 15 feet front yard setback to 11.7 feet for the home under construction as shown on the attached site plan, Exhibit "A", in an "E" Estates Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provisions and arrangements have been made cor~ceming all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA THAT: Petition VA-2003-AR-3658 filed by Keene Engineering, Inc, representing Maria Martinez, owner, with respect to the property hereinafter described as: South 105 feet of Tract 143, Golden Gate Estates Unit 76, as recorded in Plat Book 5, Page 13, of the Public Records of Collier County, Florida in Section 6,Township 49 South, Range 28 East be and the same hereby is approved for a 3.3-foot after-the-fact variance from the required 15-foot front yard setback as set forth in LDC Section 2.2.3.4.3, to 11.7 feet for the house under construction, as shown on the attached site plan, Exhibit "A", of the "E" Estates Zoning District wherein said property is located, subject to the attached conditions (Exhibit "B"): BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003-AR-3658 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of _,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney Attachments: Exhibit A--Site Plan, entitled "Variance Petition Exhibit," dated January 12, 2003, and stamped Received January 30, 2003 Exhibit B--Conditions VA-2003-AR-3658/KD/Io I PLAN - 112.8' ACTUAL - 11.7' REQ'D - 15.0° uJ ,,z,I N 00'19'10" E 75.0' 10.5? SIDE YARD REQ'D SINGLE FAMILY RESIDENCE UNDER CONSTRUCTION #ell I L 75.0' FRONT YARD EVERGLADES BLVD. N. PLAN - 10.7' ACTUAL = 11.9' REQ'D -, 10.5' b.I RECEIVED .lAN 3 0 2003 Pt~H6 SERVI~.$ ~lk~i~ NORTH R/w F-O.P. ?A VARIANCE PETITION EXHIBIT NAPLES. FLORIDA 34102 · PHONE: 4.03.0123 FAX: 4.0,,,x.939.___...__~__9 PERMIT NO. 2002-023927 811 EVERGLADES BLVD. N. FOLIO # 40630560006 JANUARY 12, 2003 SOUTH 105' OF TRACT 143 GOLDEN GATE ESTATES UNIT 76 AMSEY BUILDING CORP. 2287 F- TAMIAMI TRNL NAPLES, FLORIDA ~4.112 94.1.777.0241 ~cm~lat CONDITIONS FOR VARIANCE 7 A The foregoing variance petition approval is subject to the following conditions: The variance granted is limited to the after-the-fact front yard encroachment for the house under construction, as depicted and more particularly described in the applicant's site plan entitled, '~/ariance Petition Exhibit," dated January 12, 2003, and stamped Received January 30, 2003. This site plan is included as Exhibit A; and If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 pement of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. Revised: 02/10/03 VA-2003-AR-3658 Exhibit B G:\Current\Deselem\Variances\Martinez, Maria VA-2003-AR-3658\Conditions for Variance.doc COLLIER COUNTY FLORIDA ~ ~~ REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Originating Dept/Div: Transportation ODs/Transportation Services Person: Ed Kant Date: 4/1/03 Petition No. (If none, give brief description): N/A Petitioner (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office (If more space is needed, attach separate sheet): N/A To: Clerk to the Board: Please place the following as a: Hearing before: [] BCC [] BZA [] Other -- Requested Hearing Date (Based on advertisement appearing 10 days._before hearing~ ~ ant ~]DL '?~ ~ Newspaper(s) to be used (Complete only if import ): ]'--~7,..~ ~ ~ - [] Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 83-35, § 1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM USING THE LEFT LANE ON MULTI-LANE ROADWAYS, EXCEPT FOR PASSING OR pREPARING TO MAKE A LEFT TURN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include adver, tising cos~? [] Yes [] No If Yes, what account should be charged for advertising costs: 101- R - xq~ed ~" ~~ DL//~e~A Department Dire~~ee N~lv~ilZs~ra~or or Designee List Attachments:-146tecutive Summary; Ordinance DISTRIBUTION I A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: hfitiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. /~3~ Date ofPublie hearing: -~2g;~:]~ DateAdvertisea: ~" It- ~3 Date Received: ~-q ' ORDINANCE NO. 2003- AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 83-35, §1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM USING THE LEFT LANE ON MULTI-LANE ROADWAYS, EXCEPT FOR PASSING OR PREPARING TO MAKE A LEFT TURN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.555, Florida Statutes, authorizes any local authority to regulate or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction, whenever in its judgment, such regulation or prohibition is necessary to provide for the public safety and convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof by the traveling public, or other reasons of public safety and convenience; and WHEREAS, the Board of County Commissioners of Collier County has determined that, by reason of traffic density, intensive use by the traveling public and in the interest of public safety and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using the left lane on all multi-lane roads or streets in Collier County, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83-35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the operation of trucks of over one ton weight; and WHEREAS, the Board of County Commissioners of Collier County desires to amend Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance No. 83-35 § 1, to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using the left lane on all multi-lane roads or streets in Collier County whenever such road or street is posted with signs prohibiting such operation; NOW, THEREFORE, BE IT ORDA1NED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENTS TO SECTION 130-3. Section 130-3 is amended to read as follows: Words underlined are added; words strack ~rcugk are deleted. 8 Sec. 130-3. Operation of trucks over one ton weight. -- ~ (a) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. (b) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of five tons upon the left lane of any multi-lane road or street in the county, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. t~.x (c) The county administrator is authorized to determine those roads and streets upon which such vehicles are to be prohibited, and those roads and streets upon which such vehicles' operation in the left lane is restricted, and, with the approval of the board of county commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads and streets so designated and on the roads and streets approaching the roads and streets so designated, where applicable. (c) (d) The provisions of this section shall not be applicable to the following: (1) The operation of emergency vehicles. (2) The operation of any vehicle owned or operated by a governmental agency, public utility or contractor while engaged in the repair, maintenance or construction of roads, streets, utilities or structures along the roads and streets designated in accordance with this section. (3) The operation of garbage or trash trucks while actually engaged in the collecting of garbage or trash along the roads and streets designated in accordance with this section. (4) The operation of a vehicle upon any road or street where necessary to the conduct of business, provided that such vehicles shall enter such designated roads and streets at a safe intersection nearest the destination of the vehicle and shall proceed thereon no farther than the nearest intersection thereafter. (4) (e) Any person who violates the provisions of this section shall be subject to prosecution in the manner prescribed by general law; and upon conviction, such person shall be subject to a fine, imprisonment, or both a fine and imprisonment as provided by general law. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words underlined are added; words sm:'ck ~rzeg~ are deleted. separate, distinct, and independent provision and such holding shall not affect the val ty of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Words underlined are added; words struck ~reugh are deleted. April 10, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORD.AMEND.ORD.83-35 (TRUCK WEIGHT RESTRICTION) Dear Georgia: Please advertise the above referenced notice on Friday, April 11, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account # 101-163610-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 22, 2002, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 83-35, SECTION 1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM USING THE LEFT LANE ON MULTI-LANE ROADWAYS, EXCEPT FOR PASSING OR PREPARING TO MAKE A LEFT TURN~ PROVIDING FOR CONFLICT AND SEVERABILITY! PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk (SEAL) Teri Michaels To: Subject: Importance: legals@naplesnews.com ATTN:GEORGIA--URGENT High hi georgia- re: ord.amend.ord.83-35 (truck weight restriction) to run in friday's (april 11, 2003) paper- this has been approved per para ...... thank you! ORD.AMEND.ORD. ORD.AMEND.ORD. 83-35.doc 83-35.doc Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fi.us Thursday, April 10, 2003 9:38 AM Teri Michaels Delivery Status Notification (Relay) AT-l~24260.txt A~-FN: GEORGIA-'URGENTThis is an automatically 9enerated Delivery Status Notification. Your message has been successfully relayed to the followin9 recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, April 10, 2003 9:36 AM Teri Michaels Delivered: ATTN:GEORGIA--URGENT Importance: High ATTN: GEORGIA--URGENT <<A TTI~I:~EOR~;[A--UR~ENT>> Your message To: leg(fls~n(~plesnews.com Subject: A TTN:GEORGIA--URGENT Sent: Thu, 10 Apr 2005 09:$7:$0-0400 was delivered to the following recipient(s): legals on Thu, 10 Apr 2003 09:36:04 -0400 ATTN:GEORGIA--URGENT Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Thursday, April 10, 2003 10:03 AM To: Teri Michaels Subject: RE: ATTN:GEORGIA--URGENT WE're past deadline for fri. april 11 we're now working on Monday 4/14 CALL me at 263-4715 right away!!! ..... Original Message ..... From: Teri Michaels [mailto:Teri. Michaels@clerk.collier.fl.us] ~ent: Thursday, April :LO, 2003 9:38 AM To: legals@naplesnews.com Subject: A-I-I-N :GEORGIA--URGENT Importance: High hi georgia- re: ord.amend.ord.83-35 (truck weight restriction) to run in friday's (april 11, 2003) paper- this has been approved per para ...... thank you! <<ORD.AMEN D.ORD.83-35.doc>> <<ORD.AMEND.ORD.83-35.doc>> 4/10/2003 Naples Daily News Naples, FL 34102 Affidavit of Publication NapLes Daily News BOARD OF COUNTY COflNISSIONERS CHER! LEFARA PO BOX 413016 NAPLES FL 3/+101-3016 REFERENCE: 001230 1011656106~9 586~0558 NOTICE OF [NTENT TO State of Florida County of CoLLier Before the undersigned authority, personaLLy appeared B. Laeb, who on oath says that she serves as Assistant Corporate Secretary of the NapLes OaiLy News, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper pubLished at NapLes, in said ColLier County, FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered es second class mail matter at the post office in NapLes, in said CoLLier County, FLorida, for a period of q year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proaised any parson, fire or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 04/11 AO SPACE: 121.000 INCH F!LED ON: 0~/11/0~ Signature of Affiant S~orn to and Subscribed .before ma /c~..~Tday of P0r,onaLLy kno,,n by ,e ~ ~nna Ch~ My C~s~ D~3~ Ex,ms Se~ INTENT TO CONSIDER ORDINANCE Notice Is NareJay g.iVerl that on Tuesaly~ Apr,il Ilar County Govern the I~OMq~ Ill Commlsslor~rs will con. sider ~b~_~ant of e the IorOl~ed Ordinance Is u'fOllOW~: AN ORDINANCE AMEND- ING SECTION 1:30-3 OF THE COLLIER COUNTY CODE OF LAWS AND DINANCES, ALSO ClTEDI AS ORDINANCE NO, 35, SECTION ~, RELATINGI TO RESTRICTING TRUCKSl WEIGHING OVER $ TONS[ FROM USING THE LEFT[ LANE ON MULTI-LANE[ ROADWAYS, EXCEPTI FOR PASSING OR PRE-| PARING TO MAKE A LEFTI TURN: PROVIDING FORI CONFLICT AND SEVERA-I BILITY~ PROVIDING FORI INCLUSION iN CODE OFI LAWS AND ORDINANCES; C-°pi.e.$ of the propoled orelnance are on file with the C erk to the Board and are available for _11~.. ~ All. I.ff~.r- NiOnTE: All pers. ons wlsh-] g t.o .spea~ o.n s.nyI r~l~tretor ~nor to P~.'I sentstlon crt the agana.al Item to be addressee, !ndlvid.u_at. s.~ _e~ke.rs will De lim~ee to ~ minutes on any Item: The selec-. tion of an individual tel speak, o.n. behalf of a,n Qrg~IIZS~IO/1 Or group epco.ur.&ge_d. If .recog; mzea Dy The Ch&lrman,I a spokesperson, for al group or organlzstlonl may De aiIottbd ~0 mime utes to. speak on anl Item' ' Persons wishing to havel written .or. graphic ma-I terlais mclGdedln thel Beard agenda p.a.ckets/ must suomlt Sale mad ter si a minimum of 31 weeks prior to the re.| spectlve public hesrlng. I In any ca~e, written ma-I terlais Intended to cormldered by the Board/ shall he submitted tel the appro, p. rlate C.ountyI staff a mtn~mum or sev-i en da~ta.~r to~thel public l~eanng. AI1~nla-I terlai used In Dresente-I tlonS before the Boardl will become a perma- Any per~o.n wh.o .dfcldes. to appeal a DeClSl. on or the ~ard will nesO a n cord of the erocDedlno pertaining thereto an thereTors, may need t ensure that a verbsth recor.d of the procee¢ Ing$ is made, which n cord Includes the test mon¥ end evldenc .uRon w. hlch the abpea la DiCe. BOARD OF COUNTY COMMISEIONERS DA ToM HENNING, CHAIRMAN DWIGHT F. BROCK, CLERK (!.BY:~.)ut'~ Cl~/s/Terl Mich&eis Ep'? ORDINANCE NO. 2003-3_ 9 AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 83-35, §1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM USING THE LEFT LANE ON MULTI-LANE ROADWAYS, EXCEPT FOR PASSING OR PREPARING TO MAKE A LEFT TURN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.555, Florida Statutes, authorizes any local authority to regulate or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction, whenever in its judgment, such regulation or prohibition is necessary to provide for the public safety and convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof by the traveling public, or other reasons of public safety and convenience; and WHEREAS, the Board of County Commissioners of Collier County has determined that, by reason of traffic density, intensive use by the traveling public and in. the interest of public safety and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using the left lane on all multi-lane roads or streets in Collier County, except for passing or preparing to make a left mm, whenever such road or street is posted with signs prohibiting such operation; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83-35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the operation of trucks of over one ton weight; and WHEREAS, the Board of County Commissioners of Collier County desires to amend Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance No. 83-35 § 1, to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using the left lane on all multi-lane roads or streets in Collier County whenever such road or street is posted with signs prohibiting such operation; NOW, THEREFORE, BE IT ORDAINED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENTS TO SECTION 130-3. Section 130~3 is amended to read as follows: THE BOARD OF COUNTY Words underlined are added; words ctruc!~. t~rc'.:'g~ are deleted. Sec. 130-3. Operation of trucks over one ton weight. (a) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. (b) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of five tons upon the left lane of any multi-lane road or street in the county, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. ~jf~'~ (c) The county administrator is authorized to determine those roads and streets upon which such vehicles are to be prohibited, and those roads and streets upon which such vehicles' operation in the left lane is restricted, and, with the approval of the board of county commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads and streets so designated and on the roads and streets approaching the roads and streets so designated, where applicable. (c) (d) The provisions of this section shall not be applicable to the following: (1) The operation of emergency vehicles. (2) The operation of any vehicle owned or operated by a governmental agency, public utility or contractor while engaged in the repair, maintenance or construction of roads, streets, utilities or structures along the roads and streets designated in accordance with this section. (3) The operation of garbage or trash trucks while actually engaged in the collecting of garbage or trash along the roads and streets designated in accordance with this section. (4) The operation of a vehicle upon any road or street where necessary to the conduct of business, provided that such vehicles shall enter such designated roads and streets at a safe intersection nearest the destination of the vehicle and shall proceed thereon no farther than the nearest intersection thereafter. ~jf~x (e)Any person who violates the provisions of this section shall be subject to prosecution in the manner prescribed by general law; and upon conviction, such person shall be subject to a fine, imprisonment, or both a ftne and imprisonment as provided by general law. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words underlined are added; words struck xhrz'.:'gh are deleted. separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22~ day of ~ ,2003. ATTEST: DWIGHT' 'Ev BRDCK, Clerk ~ ! ~.. ', :¢ ~_pu'l~ Clerk Approved as to form and legal sufficiency: H~XL'~idi 1~' ~hto!~/~/x'~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS Words underlined are added; words o,~,ot~ ,~ ..... ~' are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-19 Which was adopted by the Board of County Commissioners on the 22nd day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April, 2003. DWIGHT E. BROCK Clerk of Co~trts and Clerk ~.x- o f f ic~,~.~..'~ ~o~r=, of coun~ '~i~ners By :':: ~a~r~C'%~ .L /~rgan, '. ~,.' ... .....',%,'. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Plea~se place the following as a: X Normal legal Advertisement [] Other: 8B ' '~ *********************************************** ****************************** Originating Dep[/Div: Alternative Transportation Modes -Transportation Div. Person: Pam Lulich Date: 4/07/03 Petition No. (If none, give brief description): ADOPT AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. April 22, 2003 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MUNICIPAL SERVICES TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AN ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes [] No If Yes, what account should be charged for advertising costs: 101- 163617-649100 Division Administr~r'0r l~esignee Date List Attachments: Ordinance No. 2003- DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [-]Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE. ONLY: Date Received: L~-7- ~ Date of Public hearing: ~ Date Advertised: ~-~[~ ~ 3 ORDINANCE NO. 2003 - __ AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MUNICIPAL SERVICES TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has become known to the residents and owners of properties located in the North Naples - Naples Park and nearby areas that Florida Power & Light (FPL) has pending plans to construct overhead power lines (also referred to as "feeder lines" or "transmission lines") along 91st Avenue North between 8th Street North and Vanderbilt Drive; and WHEREAS, residents and representatives of some of the neighborhoods have spoken to the Board of County Commissioners addressing their concerns relating to the pending construction of such overhead power lines, including aesthetic issues and the loss of trees and greenery in the construction/placement area for these power lines; and WHEREAS, the Board of County Commissioners learned from FPL that an estimate of cost for said power lines to be constructed underground rather than overhead is in the amount of $58,689.00; and WHEREAS, the Board of County Commissioners has been requested by many affected residents in the vicinity of the pending overhead power lines to assist in obtaining an underground construction, and that, if necessary and appropriate, that the owners in the area pay to achieve such result; and WHEREAS, the Board of County Commissioners at its public meetings of February 11 and 18, 2003, considered and directed staff to draft and advertise a municipal services taxing unit ordinance to provide for a one year tax levy to obtain $70,000 to pay the additional cost for FPL to construct the 91st Avenue North power lines underground and the governmental cost of the MSTU; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the costs of assuring that FPL construct the 91st Avenue North power lines underground is by the creation of the Naples Park Area Municipal Services Taxing Unit. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. BOARD OF COUNTY This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Naples Park Area Underground Power Line Municipal ServiceS Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as described on the attached Exhibit "A" that is incorporated herein by reference. SECTION THREE: PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing adequate funding to pay all the construction and MSTU administration costs to achieve the underground construction of high power distribution/transmission lines along 91st Avenue North from about Eighth Street North to Vanderbilt Drive. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, AND TAXATION RATE. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following the "Budget". The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation a millage sufficient to meet the requirements of the Budget. It is anticipated that there shall be a one-time tax levy for Fiscal Year 2003-04 and that thereafter no additional tax levy will be required. SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION. Page 2 of 3 8B Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SlX: DUTIES OF THE COUNTY MANAGER OR HIS/HER DESIGNEE. The duties of the County Manager or his/her designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners. B. To prepare the annual budget. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: Dwight E. Brock, CLERK DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel - zS~ ~ County Attorney Page 3 of 3 111TH AVENUE 0 ,8, NAPLE~ PARK I * I " TO0 plotdate 03M~rO~_2tX~_224.dwg_(RaJ4~) April 7, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINAI~CE CREATING NAPLES PARK AREA UNDERGROUB-D POWER LINE MSTBU Dear Georgia: Please advertise the above referenced notice on Friday, April 11, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O./Account # 101-163617-649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 8B Notice is hereby given that on Tuesday, April 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MUNICIPAL SERVICES TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk ( SEAL ) 8~ Patricia L. Morgan To: Subject: ~i qeorgia, Georgia (E-mail) Advertising -Ord Creating Naples Park MSTU ~fease advertise the attachear on ~riaCay, ~prff11, 2003. q-hanks, q~risli 31inures e~ q(ecoraCs Ord. Creat. Naples Park MSTBU.do... Ord. Creat. Naples Park MSTBU.do... Patricia L. Mor an From: Sent: To: Subject: postmaster@clerk.collier.fl .us Monday, April 07, 2003 1:14 PM Patricia L. Morgan Delivery Status Notification (Relay) A-l-l-161755.txt Advertising - Ord Creating Nap... ffhis is an automatica£(y generateaC q)e£ivery Status 2N'otification~ fi.our message has &eh successfuFly relayecl to the fo£1owing recipients, 6ut the requestecl aCeFivery status notifications may not 5e generatecl by the destination. legals & naplesnews, com Patricia L. Morgan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, April 07, 2003 1:13 PM Patricia L. Morgan Delivered: Advertising - Ord Creating Naples Park MSTU Advertising - Ord Creating Nap... <<Advertising - Ord Creating YTaples Park SqSTU> > ~our messa~te 'To: Geor~tia (Z-mai0 Su6ject: .,taCvertising - OraC Creating 2V'aples earlL SqSClD Sent: ~[on, 7.~pr2003 13:14:13 -0400 vas delwered to the following recipient(s): le~tals on ~ton, 7Apr 2003 13:12:57 -0400 Advertising -Ord Creating Naples Park MSTU Page 1 of 1 Patricia L. Morgan From: legals [legals@naplesnews.com] Sent: Monday, April 07, 2003 1:45 PM To: Patricia L. Morgan Subject: RE: Advertising -Ord Creating Naples Park rcvd to run 4/11 georgia ..... Original Message ..... From: Patricia L. Morgan [mailto:Patricia. Morgan@clerk.collier.fl.us] Sent: Monday, April 07, 2003 1:14 PM To: Georgia (E-mail) Subject: Advertising - Ord Creating Naples Park MSTU eorgia, C~[ease advertise die attachear on ~'ric[ay, j~pri[ l l, 2003. qT:ian~s, q?ish gIinutes e~ q~ecoraCs <<Ord. Creat. Naples Park MSTBU. doc>> <<Ord. Creat. Naples Park MSTBU. doc. dot>> 4/7/2003 ~aples Daily News ~aples, FL ~10~ Affidavit of Publication Naples Daily News ¸8B BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 4q30q6 NAPLES FL 34q01-3016 REFERENCE: 001Z30 1011636176~9 586~0511 NOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. Laeb, who on oath says that she serve: as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a neaspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of q year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, fire or corporation any discount, rebate, coMission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHEO ON: AD SPACE: q29.0~0 INCH ON: 0~/11/05 FILED 2~_~ ,_~ ..... + ..~ 4~---'---' 3 Signature of Affiant ..... Personally known by ee ~,~ ~ .- ~-~~ ~' .~o~% Donna Chesney / My Commission DD05~356 :1 8 2003 -' ~t~CE DEPT ,j NOTICE OF INTENT TO CONSIDER ORDINANCE Notice IS hereby given that on Tuesday, April 22, 2003, In the Board- room, 3rd Floor, Admin- Istration Building, Col- lier countY Government c~, a~ .;~_Tam.!s- mi Trail, Napes. e~onaa. the Board of ~.ounty. Commissioners will co.n-! sider the enactment County Ordinance. Tne meeting will com...m~.nce. at 9:00 A.M. The t~ae the p.~..posed Ordinances, Is as TolIows: . AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERV, ICES TAXING UNIT~ PRO- VIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MU- NICIPAL SERVICES TAXING UNIT~ PROVID- I'NG A PURPOSE AND GOVERNING BODY~ PRO- VIDING FOR ANNUAL ES* TIMATES OF EXPENSES. PROVIDING FOR AD VAL' O1.~_ _ ~REM TAXES; PROVtD' NOFT : ' lNG FOR THE DUTIES OF THE COUNTY MANAGER: PROVIDING FOR CON- FLICT AND $EVERABILi- TY; PROVIDING-FOR IN- AND; GRDINANCES; PRO- VIDING FOR AN EFFEC- C_opl.e.s of the preposed~ oralflanee are on flle~ ~[th the clerk to the Indlvldal spe~_k~.s wll be limited to 5 nllnute,' s~hall be submitted t_~h?L,~prgRrlate Cgunt' staff a'mlhimum of se~ en ~ays. prlor to the pub: IIc nearln~ All materlm used in taresentatlons before lh~.Kat~ will be. ~ny persop wh.o ~cl~ctde~, to al~l~al a decision m the Ib~td will need s re- cor~..of, the .proceedings Rerta~nlnB mereto and tl~eretore may n~ed te ensure that a verbatim ,record of the proceed. rags Is made, Which re. c~ ~. ffW. testl- ceeNw COM- ToM .E..,.G.C.A,.- DWIGHT[ BROCI~ CtERA By: /S/P&tricla L, Mot. .Mo. ORDINANCE NO. 2003 - 17 AN ORDINANCE CREATING THE NAPLES PARK AREA UNDERGROUND POWER LINE MUNICIPAL SERVICES TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION OF THE MUNICIPAL SERVICES TAXING UNIT; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, PROVIDING FOR AD VALOREM TAXES; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has become known to the residents and owners of properties located in the North Naples - Naples Park and nearby areas that Florida Power & Light (FPL) has pending plans to construct overhead power lines (also referred to as "feeder lines" or "transmission lines") along 91st Avenue North between 8th Street North and Vanderbilt Drive; and WHEREAS, residents and representatives of some of the neighborhoods have spoken to the Board of County Commissioners addressing their concerns relating to the pending construction of such overhead power lines, including aesthetic issues and the loss of trees and greenery in the construction/placement area for these power lines; and WHEREAS, the Board of County Commissioners learned from FPL that an estimate of cost for said power lines to be constructed underground rather than overhead is in the amount of $58,689.00; and WHEREAS, the Board of County Commissioners has been requested by many affected residents in the vicinity of the pending overhead power lines to assist in obtaining an underground construction, and that, if necessary and appropriate, that the owners in the area pay to achieve such result; and WHEREAS, the Board of County Commissioners at its public meetings of February 11 and 18, 2003, considered and directed staff to draft and advertise a municipal services taxing unit ordinance to provide for a one year tax levy to obtain $70,000 to pay the additional cost for FPL to construct the 91st Avenue North power lines underground and the governmental cost of the MSTU; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the costs of assuring that FPL construct the 91st Avenue North power lines underground is by the creation of the Naples Park Area Municipal Services Taxing Unit. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY. This Ordinance is adopted pursuant to the provisions of Chapter 125 and Chapter 200, Florida Statutes, and other applicable provisions of law. SECTION TWO: CREATION OF THE MUNICIPAL SERVICE TAXING UNIT. There is hereby created and established the Naples Park Area Underground Power Line Municipal ServiceS Taxing Unit, hereinafter referred to as "MSTU". The boundaries of the MSTU are as described on the attached Exhibit "A" that is incorporated herein by reference. SECTION THREE; PURPOSE AND GOVERNING BODY. The MSTU is created for the purpose of providing adequate funding to pay all the construction and MSTU administration costs to achieve the underground construction of high power distribution/transmission lines along 91st Avenue North from about Eighth Street North to Vanderbilt Drive. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR: ANNUAL ESTIMATES OF EXPENSES, AND TAXATION RATE. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following the "Budget". The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation a millage sufficient to meet the requirements of the Budget. It is anticipated that there shall be a one-time tax levy for Fiscal Year 2003-04 and that thereafter no additional tax levy will be required. SECTION FIVE: TAX AND ASSESSMENT AND COLLECTION. Page 2 of 3 Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX: DUTIES OF TIlE COUNTY MANAGER OR HIS/HER DESIGNEE. The duties of the County Manager or his/her designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners. B. To prepare the annual budget. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 7_2.nd day of ~O~ ,2003. ATTEST: Dwight,. E.~rock,. ".,CLERK ApproVed,as to f0~ and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLmRTNTY. / _n A' Tom Henning, CHAIRMAN O q-2z-05 Page 3 of 3 8B 111TH AVENUE NAPLES PARK II ~ TOD plotdate 03MmO3._2OO2_.224~dmg_(Raj~M) 8~2 EXHIBIT PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PROJECT NO .......... PARCEL NO .............. FOLIO NO... TAX PARCEL NO ........... !.EGAL DESCRI]:rFION (NOT A SURVEY) BEGIN AT THE POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF U.S. 41, TAMIAMI TRAIL NORTH AND THE SOUTH RIGHT OF WAY LINE 111 TH. AVENUE NORTH; THENCE RUN SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE OF U.S. 41 TO THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (C.R. 862),; THENCE NORTHWESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID VANDERBILT BEACH ROAD TO THE POINT OF INTERSECTION OF SAID NORTHERLY RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD AND THE EAST LINE OF THE VANDERBILT LAGOON; THENCE NORTHERLY ALONG SAID EAST LINE OF THE VANDERBILT LAGOON AND THE WEST LINE OF TAX PARCEL 11 AND THE WEST LINE OF THE CONDO" REGATTA AT VANDERBILT BEACH"; THENCE EASTERLY, SOUTHERLY, AND EASTERLY ALONG THE BOUNDARY OF SAID VANDERBILT LAGOON TO THE SOUTHWEST CORNER OF LOT 1, BLOCK "G" OF THE PLAT THEREOF "CONNER'S VANDERBILT BEACH ESTATES UNIT NO. 2 "AS RECORDED IN PLAT BOOK 3, PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHERLY ALONG THE WEST LINE OF LOTS 1 THROUGH LOT 6 TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE EASTERLY, NORTHERLY, AND EASTERLY ALONG THE NORTHERLY BOUNDERY OF SAID LOT 6 TO THE WEST RIGHT OF WAY LINE OF VANDERBILT DRIVE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE OF VANDERBILT DRIVE TO THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE AFORESAID 111 TH. AVENUE NORTH; THENCE EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF 111 TH. AVENUE NORTH TO THE POINT OF BEGINNING. PREPARED B .............. DATE .... ~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 SHEET 1 OF 1 , 88 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-17 Which was adopted by the Board of County Commissioners on the 22nd day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April, 2003. DWIGHT E. BROCK Clerk of Courts .~a~d Clerk Ex-offic..i.o,"~o B°~rd of ounty.' ~i g s~.,o~e rs ~.;.~u~ C 1 e ~, February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under- ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee SWeet Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal, except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under- ground. This is truly discriminatory against the residems of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, February 5, 2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward pmposa! except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering departmem has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under° ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, Narfle -7 Address February 5, 2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that~FPL haspl~d a 23,Q00 volt transmissio~ ~e ~.. North Naples originating at the s~on~n Goodlette Road a~ ~ting near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal, except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under-, ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community, To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, Name Address 9. q loc; February 5, 2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road, This would be a straightforward proposal, except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous ro~ting that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under-, ground. This is truly discriminatory against the residems of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community, To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, February 5, 2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal, except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under-. ground. This is truly discriminatory against the residems of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community, To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, //5 February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recemly learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under-- ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, N e Address ~ r . , /d ,, ,,, ,,,,, a'y5,2003 C~over Whidden ,,emment Affairs Manager ~rida Power and Light Co. ~ 13 Lee Street .;t. Myers, FL. 33901 '"'8 B Dear Mr. Whidden: I have very recemly learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under-. ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recemly learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal, except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under-~ ground. This is truly discriminatory against the residems of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, Nallle Address February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal, except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under- ground. This is truly discriminatory against the residems of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community, To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recently learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous routing that takes the overhead portion of the line through our less affiuem neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under- ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, Address February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recemly learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would be a straightforward proposal except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering departmem has decided on a very circuitous routing that takes the overhead portion of the line through our less affluent neighbor- hoods. To add to our sense of being unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will be buried under- ground. This is truly discriminatory against the residems of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, Name Address February5,2003 Mr. Grover Whidden Government Affairs Manager Florida Power and Light Co. 1813 Lee Street Ft. Myers, FL. 33901 Dear Mr. Whidden: I have very recemly learned that FPL has planned a 23,000 volt transmission line in North Naples originating at the sub-station on Goodlette Road and terminating near the Ritz Carlton on the west end of Vanderbilt Beach Road. This would he a straightforward proposal except for the intended routing. To avoid disturbing the ambiance of Pelican Bay and Bay Colony, your engineering department has decided on a very circuitous roating that takes the overhead portion of the line through our less affiuem neighbor- hoods. To add to our sense of heing unfairly treated, that portion of the new line on Vanderbilt Beach Road between Goodlette Road and Highway 41 will he buried under-- ground. This is truly discriminatory against the residents of our neighborhood and will decrease property values, cause damage to trees and shrubbery and scar the beauty of this community. To favor one community over another simply isn't the way a public utility should function and we would expect your good neighbor policy to apply across the board. Thank you for your consideration of this matter. Sincerely, Address , .,. LIGltT~S PO~TER LINES ALONG 91ST AVg~JE Alfl) PARTS OF VAIfl)EI~ILT DRIVE. EXHIBIT SIGN & RIlq'E NAI~IE %-? '5' -o V%_, ' '8B VIE, I~E UNDERSIGN~H), DO NOT l~i~lqT TO PAY FOR THE BURYING OF FLORIDA POWER AND LIGHT'S POKIER LIliES ALONG 91ST AV~2qUE AND PARTS OF VAB[DERBILT DRIVE. /kDDRESS PHONE COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisemen.t.. Other: (DlsplayAdv, l?.c_..a_!!..o.~,~e,,)~,,,~ ***************************************************************** Originating Dept/Div: Public Utilities/Operations Person: Ann Marie Saylor Date: 3/19/03 Petition No. (If none, give brief description): Industrial Pre-treatment Ordinance Petitioner: (Name & Address): James DeLony, Public Utilities Administrator 3301 East Tamiami Tr. Naples, FI. 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Proposed Text: (Include legal description & common location & Size: ~ 3[~-~F,-- COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE FOR DIRECT AND INDIRECT CONTRIBUTIONS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEMS OF THE COLLIER COUNTY WATER-SEWER DISTRICT; DEFINITIONS; ABBREVIATIONS; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES; SCOPE OF APPLICATION OF THIS ORDINANCE; RULES AND REGULATIONS; PROVIDING FOR MONITORING AND INSPECTIONS; VIOLATIONS AND PENALTIES; APPENDICES FOR RATES, FEES AND CHARGES; CONFIDENTIALITY; PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & p~earing date: N/A Doeseet~i~lu~d_~t; yes Account should be charged for advertising costs: 408'210120"~qtI[lO Reviewed b~~~t~ /~/'~Z).~ Approved by: ~ '~ivislon'Head/ - Date County Manager Date List Attl~llXr, z~. none DISTRIBUTION INSTRUCTIONS A For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~ ORDINANCE NO. 2003 - 8C COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE FOR DIRECT AND INDIRECT CONTRIBUTIONS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEMS OF THE COLLIER COUNTY WATER-SEWER DISTRICT; DEFINITIONS; ABBREVIATIONS; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES; SCOPE OF APPLICATION OF THIS ORDINANCE; RULES AND REGULATIONS; PROVIDING FOR MONITORING AND INSPECTIONS; VIOLATIONS AND PENALTIES; APPENDICES FOR RATES, FEES AND CHARGES; CONFIDENTIALITY; PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the original Collier County Water-Sewer District, also known as the County Water-Sewer District of Collier County, was approved on November 4, 1969 by the voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida, a Special Act of the Florida Legislature, reestablished the District and provides for all rights, duties, powers, jurisdictions, obligations, responsibilities and interests of both Districts created pursuant to Chapter 153, Part II, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida, and any modifications thereto have been codified in the Code of Laws and Ordinances of Collier County, Florida as Sections 262-631 through 262-653; and WHEREAS, Sections 262-631 through 262-653 of the Collier County Codification is included in part and in whole, including any subsequent amendments thereto, as an attachment to the Ordinance; and WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex-officio governing Board of the District; and WHEREAS, uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems are in the public interest; and WHEREAS, the District intends to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (Chapter 40 of the Code of Federal Regulations, Part 403); and WHEREAS, all interceptors and/or separators shall be subject to the standards set forth in the Florida Building Code, Plumbing Sections 1003.1 - 1003.5; and WHEREAS, the District intends to prevent the introduction of pollutants into the District's wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; and WHEREAS, the District intends to prevent the introduction of pollutants into the District's wastewater system which will pass through the system, inadequately treated, into receiving waters or into the atmosphere, or otherwise be incompatible with the system; and WHEREAS, the District intends to improve the opportunity to recycle and reclaim wastewater and sludge from the system; and WHEREAS, the District intends to provide for equitable distribution of the cost of the District's wastewater system; and WHEREAS, the District intends to provide for the regulation of direct and indirect contributors to the District's wastewater system through the issuance of permits to certain non-domestic users and through enforcement activities; and WHEREAS, this Ordinance shall apply to the District and to persons outside the District who are users of the County Publicly Owned Treatment Works. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER DISTRICT, that SECTION ONE: Definitions and Abbreviations. COUNTY WATER-SEWER Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: 2 o "Administrator" Environmental representative. shall mean the administrator 8C of the U.S. Protection Agency or his duly authorized "Authorized Representative" shall be a principle executive officer of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individual if such representative is responsible for the overall operation of the facility. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20-°C, expressed in milligrams per liter. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. "Carbonaceous Biological Oxygen Demand" (CBOD) shall mean a quantitative measure of the amount of dissolved oxygen required for the biological oxidation of carbon-containing compounds in a sample. "Chemical Oxygen Demand" (COD) shall mean a measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. "Cooling Water" shall mean the water discharged from a building or structure subsequent to use of that water for purposes connected with air conditioning, cooling, refrigeration, or for other 3 10. 11. 12. 13. 14. purposes to which the only pollutant added to that discharged water is heat. "County" shall mean Collier County, the Board of County Commissioners of Collier County, Florida, or the duly authorized staff, agent or the representative acting on behalf of the Board of County Commissioners to supervise and/or manage the operation of the Publicly Owned Treatment Works, which includes administration of this Ordinance. "Direct Discharge" shall mean the discharge of treated or untreated wastewater directly to any surface water of the State of Florida. "Discharge Permit" shall mean a regulatory document issued by the County to Industrial Users. The purpose of these permits is to control the discharge of pollutants and slug loads. "Discharge Quality Bond" shall mean a Bond for the permit years payable to the County and District and conditioned upon the Industrial User's faithful compliance with the conditions of this ordinance and all other State and Federal regulations relating to water pollution control. "District" shall mean the Collier County Water-Sewer District including the Collier County Public Utilities Division and Wastewater Department and any of its Sub-Districts. "Domestic Wastewater" shall mean wastewater discharged into the sanitary sewers in which the concentration of total suspended solids and BOD is not more than 250 mg/L, and COD is not more than 375 mg/L, and Total Phosphorous is not more than 15 mg/L, and Total Kjeldahl Nitrogen is not more than 40 mg/L; and total flow is not more than 25,000 gallons per day. Wastewater that exceeds any of these stated items is thereby not "domestic wastewater." 4 15. 16. 17. 18. 19. 20. 21. 22. 23. 8c "Easement" shall mean legal rights for specific uses of land by the grantee of the easement and/or all beneficiaries of the respective easement. Easements convey an interest in real property. "Environmental Protection Agency (EPA)" shall mean the United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said Agency. "FOG Program" shall mean Fats, Oil & Grease Program. "Garbage" shall mean food wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce with no particle one-half (1/2) inch (1.27 centimeters) in any greater than dimension, "Grease" shall mean any material that is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in "Standard Methods" for the Examination of Water and Waste Manual, American Water Works Association (Includes Fats and Oils). "Grease Interceptor" shall mean a pretreatment device designed and installed to separate animal fats, oils and other grease from entering the wastewater system. "Grease Trap" shall mean a pretreatment device designed and installed to separate animal fats, oils and other grease from entering the wastewater system. "Hauled Waste" shall mean any water and/or waste, which has been removed and transported from any pit, sump, holding tank, septic tank, portable toilet, wastewater treatment facility or industrial facility. "Indirect Discharge" shall mean the discharge or introduction of non-domestic pollutants from any source into wastewater facilities 5 24. 25. 26. 27. 28. 29. 30. 31. 8C as regulated under Section 307(b), (c), or (d) of the Clean Water Act of 1977, as now or hereafter amended or superceded from time to time. "Industrial User" shall be an Indirect Discharger that is the focus of control efforts under the national pretreatment program; includes all indirect dischargers subject to national categorical pretreatment standards, and all other indirect dischargers that contribute 25,000 gpd or more of process wastewater, or which make up five percent (5%) or more of the hydraulic or organic loading to the municipal treatment plant, subject to certain exceptions. (40 CFR 403.3 (t)) as now or hereafter amended or superceded from time to time. "Industrial Waste Surcharge" shall mean the monetary charge made in excess of the sewer service charge for all wastewater over and above normal wastewater. "Industrial Wastes" shall mean the liquid wastes discharged from industrial manufacturing processes, trades or businesses that has characteristics exceeding domestic wastewaters. "Infiltration/Inflow" shall mean ground water and surface waters, which leaks into the sewers through cracked pipes, joints, manholes or other openings. "Interference" shall mean the inhibition or disruption of the Publicly Owned Treatment Works processes or its operation, which contributes to a violation of any requirement of the County's state issued operating permit. "Manhole" shall mean a hole for which sewer, drains and pipes can be accessed for maintenance, repairs and sample collection. "May" is permissive as defined by the District. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean any regulation promulgated by EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act 6 32. 33. 34. 35. 36. 37. 38. 39. 8C of 1977 that applies to a specific category of industrial users and provides limitations on the introduction of pollutants into the publicly owned treatment works. The term includes the prohibited discharge standards under 40 CFR 403.5, including local limits (40 CFR 403.3), as now or hereafter amended or superseded from time to time. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. "Noncompliance" shall mean any violation of any part of this Ordinance, local limits, industrial wastewater discharge permit, or National Categorical Pretreatment Standard. "Oil Separator" shall mean a pretreatment device designed and installed to separate petroleum based oil and grease from wastewater. "Owner" shall mean persons desiring or receiving service or any individual or entity that holds any title to real estate regarding the building or facility receiving wastewater service, including any tenant by the entireties, any co-owner, any tenant in common, etc. "Person" shall mean any individual, firm, partnership, company, government entity, association, society, corporation, or similar or dissimilar group or entity. "pH" shall mean the logarithm (base 10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. "Pollutant" shall mean any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munition, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt and/or industrial, 7 40. 41. 42. 43. 44. 45. municipal, agricultural or other waste discharged into any surface water or ground water of the State of Florida. "Pretreatment or Treatment" shall mean the reduction of the amount of pollutant(s), the elimination of pollutant(s), or the alteration of the nature of pollutant properties of a wastewater to a less harmful degree prior to or in lieu of discharging or otherwise introducing such pollutant(s) into Treatment Works. "Pretreatment Requirements" shall procedural requirement related to a County Publicly Owned mean any substantive or pretreatment other than a National Categorical Pretreatment Standard imposed on a non- domestic wastewater discharger. "Private Sewage Disposal System" shall mean any individual on- site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants. "Publicly Owned Treatment Works (POTWS)" shall mean a treatment works that is owned by the District. This definition includes sewers that convey wastewater to the treatment works, but does not include pipes, sewers or other conveyances not connected to a facility providing wastewater treatment. "Public Sewer" shall mean a sewer that is owned by or is controlled by a public authority. This does not include utilities regulated by the Collier County Water/Wastewater Authority. "Public Utilities Administrator" shall mean the individual designated by the Collier County Board of County Commissioners or by the County Manager to supervise the operation of the POTWS or that individual's duly authorized deputy, agent or representative. 46. 47. 48. 49. 50. 51. 52. 53. 54. "Sanitary Sewer" shall mean a sewer that carries se nd to' which storm, surface waters and ground waters are not intentionally admitted. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions and/or industrial establishments, together with such ground waters and surface and storm waters as may be present. "Sewage Treatment Plant" shall mean all facilities that treat and/or dispose of sewage. "Sewage Works" shall mean all facilities collecting, pumping, treating and disposing sewage. "Sewer" shall mean a pipe or conduit for carrying sewage. "Shall" and "Will" are mandatory as defined by the District. "Significant Violation" shall mean a violation that remains uncorrected for forty-five (45) days after notification of noncompliance; or which is part of a pattern of noncompliance over a twelve (12) month period; or which involves a failure to accurately report noncompliance; or which results in the POTWS exercising its emergency authority to immediately halt or immediately eliminate a discharge. "Slug" shall mean any discharge of water, sewage or industrial waste in concentration of any given constituent or in quantity of flow that may cause upset of the POTWS operation or exceeds for any period of duration longer than fifteen (15) minutes or more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. "State" shall mean the State of Florida, including any regulatory agency within the Florida State government having jurisdiction over a particular subject or topic of concern in the context of this Ordinance. 9 55. 56. 57. 58. 59. 60. 8C "Standard Industrial Classification" "(SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972, as now or hereafter amended or superseded from time to time. "Storm Drain" (sometimes "storm sewer") shall mean a sewer that carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. "Supplemental Service Charge" shall mean a monthly supplemental service charge for additional services required to monitor the wastes being discharged by users included in the Pretreatment Program and the Fats, Oil and Grease Program. "Total Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removed by laboratory filtering. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as a toxic pollutant in the toxin regulations listed in the CWA Clean Water Act SECTION 307 promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, as now or hereafter amended or superceded from time to time. "User" shall mean any person who contributes, causes, permits contribution of wastewater into the County's or suffers any POTWS. "Wastewater" wastes from 61. shall mean a combination of the water-carried residence, business building, institution, and/or industrial establishment, together with such ground, surface and storm waters as may be present. 62. "Wastewater Director" shall mean the individual designated by the Public Utilities Administrator to supervise operations of the POTWS. 10 63. "Watercourse" shall mean a canal or channel in which a flow of water occurs, continuously or intermittently. B. Abbreviations American Society for Testing and Materials Biochemical Oxygen Demand Carbonaceous Biological Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Florida Department of Environmental Protection U.S. Environmental Protection Agency Fats, Oil and Grease Milligram per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Parts Per Million Standard Industrial Classification Total Suspended Solids 1. "ASTM" 2. "BOD" 3. "CBOD" 4. "CFR" 5. "COD" 6. "FDEP" 7. "EPA" 8. "FOG" 9. "mg/L" 10. "NPDES" 11. "POTWS" 12. "ppm" 13. "SIC" 14. "TSS" 15. "TKN" Total Kjeldahl Nitrogen 16. "WEF" Water Environment Federation SECTION TWO: Scope of Application of this Ordinance; Rules Regulations and A. The following Rules and Regulations apply throughout the geographic areas encompassing Collier County, including within municipalities, but limited to wastewater dischargers that are then directly or indirectly provided wastewater service by the District. To the extent, if any, that this Ordinance conflicts with any then applicable building code, plumbing code or other technical code, the most restrictive provision shall apply. B. Discharge of Industrial Waste. 1. Any Owner discharging Industrial Wastes into the wastewater collection system at the time of passage of this Ordinance shall submit a discharge permit application on the required form not 11 later than six (6) months after the effective date of this Ordinance. All industrial wastewater dischargers proposing to discharge into the District's wastewater system forms furnished by the District must file with the District on an additional application for discharge permit, clearly indicating the volume, the strength and the characteristics of waste discharged or to be discharged into the Public Sewer. If determined necessary by the District, analyses of the representative wastes must be made promptly by an approved independent laboratory and be submitted promptly with the application. Following initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in the water use, waste volume, strength or other characteristics relevant to the purposes of this Ordinance, must require a promptly amended application to be filed for approval by the District prior to implementing the proposed alteration to the premises. All discharge permit and amended discharge permit applications will require payment of a fee to be paid when the application is filed. All review costs, in addition to the basic discharge permit fee, shall be borne by the permit applicant and must be paid in full prior to issuance of any discharge permit. It shall be unlawful for any User of the District sewers to discharge industrial wastes into the public sewers without having obtained a discharge permit from the District. Applications for such discharge permits shall be made to the District on forms provided by the District. All information that the District deems necessary to determine potential impacts to the POTWS shall be provided by the applicant. Discharge permits shall be issued to the applicants by the District upon finding that the information set forth in the application will conform to the provisions of this Ordinance, and that the 12 o 8C proposed use will be compatible with the capacity, process, treatment and nutrient Icad of the District wastewater facilities. Discharge permits shall be valid for a term of three (3) years from the date of issuance unless surrendered to, or revoked by, the District upon the determination that an industrial user is exceeding the peak quality and volume of effluent set forth in the original application and/or discharge permit conditions. In the event an Industrial User proposes to make any change Jn the peak quality and volume of effluent during the term of the permit, resulting from increase in production and/or changes ~n the production profile, beyond the scope of the discharge permit, such User shall file with the District an amended application for a permit authorizing such change. Such permit shall not be reassigned or transferred to a new Owner, new User, or to different premises without the approval of the District. Discharge permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records. Applications must be signed by the Owner of the premises or his duly authorized agent, and signed by the authorized representative of the District showing payment to the District and County of the applicable connection charges and impact fees provided for prior to the initiation of the services. All applicants for service, whether or not such service is to be provided to property within the District area, expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein. All cost and expenses related to the installation and connection of the building sewer shall be the responsibility of the Owner. The Owner shall indemnify the District from any loss or damage that 13 Do may directly or building sewer. Discharge Quality Bond. 8C indirectly be occasioned by the installation of the To further assure compliance with the requirements of this Ordinance, all permitted Industrial Users, before receipt of the respective User's discharge permit, must deposit with the District a "Discharge Quality Bond" for the permit years. The Bond shall be payable to the County and District and shall be conditioned upon the Industrial User's faithful compliance with the provision of this Ordinance and all State and Federal Regulations relating to water pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under this Ordinance resulting from the Industrial User's failure to comply with any of the provisions herein, and to the Industrial User fully indemnifying and protecting the County and the District from any and all penalties, damages and/or claims for penalties and damages (including attorney's fees and costs for defending any and all such claims, including appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Ordinance and/or the State and Federal Regulations relating to water pollution control. The amount of the discharge quality bond shall be set forth by Resolution of the Board of County Commissioners. The bond shall be approved by the County Attorney as a condition of issuance of any such discharge permit. General Prohibitions. 1. No user shall discharge, cause to be discharged, or suffer the discharge, of any storm water, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water and/or unpolluted industrial process water(s) to the County wastewater collection system. 2. No person shall enter, obstruct, uncover or tamper with portion of the County sewer system, any or connect to same, or 14 8C discharge any wastewater or any other substance directly or indirectly into a manhole or other opening in the County sewerage system except in strict compliance with all requirements established in this (or incorporated by reference into Ordinance) and through service sewers approved by the Wastewater Director. The Wastewater Director may grant permission and establish requirements and policies for such direct discharge. No person shall remove or demolish any building or structure that has any plumbing fixtures connected directly or indirectly to the County sewer without first notifying the District of such intent. All openings in or leading to the County sewer line or lines caused by such work shall be sealed watertight and inspected by the District before being backfilled. No person shall fill, backfill over, cover or obstruct access to any sewer manhole. No person shall erect any improvement, structure or building over County sewer lines without prior express written permission to do so by the County's Wastewater Director. Other discharge limitations established to prevent interferences with the operation or performance of the POTWS are specified by the following. Specific Prohibitions. 1. which will POTWS. These POTWS whether No User shall contribute, cause or suffer, to be contributed, directly or indirectly, any pollutant or wastewater which does or interfere with the operation or performance of the general prohibitions apply to all Users of a or not the User is subject to the National Categorical Pretreatment Standards or any other Federal, State, or Local Pretreatment Standards or requirements. A User shall not contribute any of the following substances to any POTWS: 15 8C Any liquid, solid or gas which by reason of their nature or quantity are, or may be, sufficient - alone or by interaction with other substances to cause fire or explosion or otherwise be injurious in any other way to the POTWS or to the operation of the POTWS. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor shall any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ether, alcohol, ketone, aldehyde, peroxide, chlorate, perchlorate, bromate, carbide, hydride, sulfide and/or any other substance(s) which the County, District, the State or the EPA has notified the User is a hazard to the system. Any solid or viscous substance(s) which may cause obstruction to the flow in the sewer or otherwise cause interference with the operation of any wastewater treatment facility such as, but not limited to, grease, animal gut(s) or tissue(s), paunch manure, bone(s), hair hide(s) or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, wood or metal shavings, grass clippings, rags, spent grains, spent hops, used birth control and/or feminine hygiene product(s), wastepaper, wood, plastic(s), gas, tar, asphalt residue(s), residue(s) from refining or processing of fuel, or lubricating oil, mud, or glass grinding or polishing waste(s), and any garbage particles greater than one-half inch (1/2") in any dimension must be shredded. Waste human blood and blood products are prohibited in the 16 sewer system and shall always be classified and managed as infectious waste and should be treated by sterilization or incineration. After sterilization, the liquid portion can be safely poured off into a drain without violating this Ordinance. Any wastewater having any corrosive properties capable of causing damage or hazard to any structure, equipment, and/or personnel of the POTWS. Any wastewater containing any toxic pollutant(s) in sufficient quantity, either singularly or by interaction with other pollutant(s), to injure or interfere with any wastewater treatment process, constitute a hazard to humans and/or animals, create a toxic effect in any receiving water(s) of the POTWS, or exceed any limitation(s) set forth in the National Categorical Pretreatment Standards. A toxic pollutant shall include, but not be limited to, any pollutant then identified as such pursuant to Section 307(a) of the Clean Water Act of 1977, as now or hereafter amended or superceded from time to time. Any noxious or malodorous liquid(s), gas(es), or solid(s) which either singularly or by interaction with other waste(s) are sufficient to create a public nuisance or a hazard to life, or are sufficient to prevent entry into any sewer for maintenance and/or repair. Any substance which may cause the POTWS effluent or any other product of the POTWS such as residue(s), sludge(s), or scum(s) to be unsuitable for reclamation and/or re-use, or to interfere with the reclamation process. In no instance shall a substance discharged to the POTWS cause the POTWS to be in noncompliance with sludge use and/or disposal criteria, guideline(s) or regulation(s) under 17 go k° 8C ' tl Section 405 of the Clean Water Act of 1977 and 40 CFR Pad 503, as now or hereafter amended or superceded from time to time; also any criteria, guideline(s), or regulation(s) applicable to sludge use and/or disposal pursuant to the Solid Waste Disposal Act, the Clean Air Act of 1977, the Toxic Substances Control Act, or State of Florida Criteria applicable to the sludge management method being used. Any substance that may cause the POTWS to violate its State of Florida operating permit(s) and/or any receiving water quality standard(s). Any wastewater with objectionable color not removed in or by the treatment process, such as, but not limited to, dye waste(s) and/or vegetable tanning solution(s). Any wastewater having a temperature that will or does inhibit biological activity in the POTWS resulting in interference, and in no instance shall any wastewater have a temperature at the introduction into the POTWS that exceeds 40-°C (104-°F). Any waste or waste containing any fat(s), wax, grease or oil(s), whether emulsified or not, in excess of one hundred (100) mg/L, or containing substances which may solidify or become viscous at temperatures between thirty-two (32°-F) and one hundred four (104-°F) (0°-C and 40-°C). Any pollutant(s), including oxygen demanding pollutant(s) (BOD, etc.) released at a flow rate and/or pollutant concentration which a User knows, or has reason to know, will cause interference in the POTWS. In no instance shall a slug load have a flow rate or contain concentration or qualities of pollutant(s) that exceed for any time period longer than fifteen (15) minutes more than five times the 18 8C average twenty-four (24) hours concentration, or flow during normal operation. Any wastewater containing any radioactive quantities, waste(s) or isotope(s) of such half-life or concentration as may exceed any limit(s) established under then applicable State and/or Federal Regulations. Any garbage that has not been properly shredded (see Section 2, paragraph E, item b.) The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Utilities Administrator or designee. Any water(s) or waste(s) containing strong acid iron pickling waste(s), or concentrated plating solution(s), whether or not neutralized. Any water(s) or waste(s) containing iron, chromium, copper, zinc, and similar objectionable toxic substance(s) and/or waste(s) exerting an excessive chlorine requirement as defined by the District, to such degree that any such material received in the composite sewage at the sewage treatment works or facility exceeds any limit(s) established by the Public Utilities Administrator for such materials. Any water(s) or waste(s) containing phenol(s) or other taste or odor-producing substance(s), in such concentrations (exceeding any limit(s) established by the Public Utilities Administrator) after treatment of the composite sewage so as to meet all requirements of Florida, Federal and/or other public agency (or agencies) with jurisdiction over any such discharge(s) to percolation ponds, reclaimed water system, or groundwater wells. Material which exert or cause: 19 8C i. Concentration(s) of inert suspended solid(s) (such as, but not limited to, sodium chloride and/or sodium sulfate) differing from that typically found in domestic wastewater. ii. High BCD, chemical oxygen demand, or chlorine requirement(s) in such quantities as to constitute a higher loading than normal wastewater on the sewage treatment workers. iii. High volume of flow or concentration of waste(s) constituting slugs. Water(s) or waste(s) containing substance(s) which are not amenable to treatment or to reduction by the sewage treatment processes then employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet all requirements of other agencies having jurisdiction over discharge to any percolation ponds, reclaimed water system or groundwater wells. Any wastewater, which causes a hazard to human life or creates any public or private nuisance. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Any trucked or hauled pollutants which result in the present of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. Sludges, screenings, or other residues from the pretreatment of industrial wastes. Medical wastes, except as specifically authorized by the Division. 20 Local Limits. 8C Detergents, surface-active agents, or other substances, which may cause excessive foaming in the POTW, All sewage service customers are prohibited at all times discharge the following above their indicated concentrations: a. Cyanide 0.4 mg/L b. Arsenic 0.4 mg/L c. Cadmium 0.10 mg/L d. Total Chromium 0.9 mg/L e. Copper 0.1 mg/L f. Lead 0.2 mg/L g. Mercury 0.03 mg/L h. Nickel 0.9 mg/L i. Silver 0.1 mg/L j. Zinc 0.9 mg/L k. Oil/G rease 100 mg/L I. pH > 5.5 - < 11.0 pH Units tO The concentration set forth above shall automatically be deemed to be amended to comply with then applicable Florida and/or Federal regulations because those regulations are hereby deeded to supersede this Ordinance. G. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede any limitations imposed under this Ordinance. The District (as a courtesy) shall try to notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12, as now or hereafter amended or superceded from time to time. 21 Slug Discharges, 1. Each User shall provide the District protection from slug discharge of prohibited materials or other substance(s) regulated by this Ordinance. Facilities to prevent slug discharge of prohibited materials shall be provided and maintained at no cost or expense to the County. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be approved by the District before any commencement of construction of the respective facility. Expenses for such review shall be borne by the User and shall be paid in full prior to final approval for the proposed construction. All existing Users shall complete such a plan within one (1) year of the issuance of the respective Discharge Permit. No User who commences contribution to the POTWS after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until slug discharge procedures have been submitted for approval to, and have been approved by, the District. Review and approval of such plans and operating procedures shall not relieve the Industrial User from its responsibility to modify the User's facility as necessary to meet the requirements of this Ordinance. Pretreatment Standards. 1. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve and maintain compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pre-treat wastewater to a level acceptable to the District shall be designed, constructed, operated, and maintained by the User at no expense to the County and require prior approval from the District. 22 Jo 8C 111 2. All records relating to compliance with the referenced Pretreatment Standards shall be in Collier County and shall promptly and at no cost be made available for inspection and/or copying by the County, the District, the State, and/or the EPA. Alternative Discharge Limits. The User(s) may seek, at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined waste stream formula, and/or obtaining a fundamentally different factor variance through the procedures then outlined in 40 CFR, Part 403, as now or hereafter amended or superceded from time to time. Mo Excessive Discharge. No User shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations of the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation of the County, the District, or the State. Pretreatment Facilities. 1. Approval of Pretreatment Facilities. If the District permits the pretreatment or equalization of waste flows, the design and installation of the plant(s) and/or equipment shall be subject to the review and approval of the District, and be subject to all requirements of all then applicable codes, ordinances, and/or laws. 2. Maintenance of Pretreatment Facilities. Where preliminary treatment or flow equalizing facilities are provided for any water(s) or waste(s), they shall be maintained continuously in satisfactory and effective operation by Owner and at no expense to the County. Fats, Oils and Grease (FOG) Program. 1. Use of Interceptors and Grease Traps under the FOG Program. All interceptors and Grease Traps shall be of a type and capacity 23 approved by the District and shall be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum size of Interceptors and grease traps shall be in conformance with the Florida Building Code; Sections 1003.1 - 1003.5. Wastewater with large amounts of grease shall not be discharged into the wastewater system and all grease traps shall be maintained in efficient operation at all times by the owner at no expense to the County. The owner shall be responsible for proper removal and/or disposal by appropriate means of captured material, and shall maintain within Collier County written records, the dates, amounts and means of disposal, all of which records are subject to review by the County upon demand. Every hospital, nursing home, jail, cafeteria, grocery store and restaurant (and any other establishment where food is handled or prepared for consumption or distribution) shall maintain all grease traps located on the premises, and all oil separators shall be maintained on a regular basis and must be functioning properly at all times, including but not limited to vehicle maintenance centers (recreational or otherwise), body shop, machine shop and/or any storage and/or use of any petroleum base product(s). The owner and/or operator of a premise or business upon prior notice and at all reasonable times shall make each interceptor, grease trap or oil separator on the property open and available for immediate inspection by the County, and shall promptly provide the County with copies of all receipts for grease removal. Upon completion of an on-site inspection, the inspector may issue a written notice to the facility representative to document any discrepancies, noncompliances, enforcement actions, special instruction(s) or other guidance identified during the compliance evaluation. Each business shall pay a monthly Supplemental Service Charge as established by Resolution of the Board of County Commissioners. 24 The use of any chemical(s) to dissolve grease is not permitted in the wastewater collection system. If grease accumulates in any wastewater collection line(s), the owner or operator shall be billed for all direct and indirect costs and expenses of cleaning such lines and for any other expenses incurred by the County with regard thereto. 2. Fats, Oils and Grease Program. Wastewater containing cooking oil should not be discharged into the wastewater system. Use of Manholes. When required by the District, the Owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable manhole built in accordance with the Collier County Utility Technical Standards Manual together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of all wastes. Such manhole, when required by the District, shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the Owner at no expense to the County. Each such manhole shall be maintained by Owner so as to be safe and accessible at all times. No person shall discharge or cause to be discharged to Collier County's sewer system any water and/or waste which has been removed and transported from any pit, sump, holding tank, septic tank, wastewater treatment facility, industrial facility or any other facility unless expressly authorized by the District in advance and in writing. Such water and/or waste is referred in this Ordinance as "hauled waste." Under no circumstances may hauled hazardous waste, as defined in 40 CFR 261 be discharged to any District facility. Hauled waste of commercial or industrial origin or hauled waste of unusually high strength may be discharged only if the original source of the waste has received expressed prior written approval from the District. Measurements, Tests and Analysis. All measurements, tests, and analyses of the characteristics of waters and wastes to which references 25 eo is made in this Ordinance shall be determined in accordance with the then latest edition of "Standard Methods for the Examination of Water and Wastewater", published by American Water Works Association, (or its successor in function) and shall be determined at the manhole provided, or upon suitable samples taken at said manholes, shall be carried out by customarily accepted methods in Collier County to reflect the effect of constituents upon sewage works and to determine the existence of hazard(s) to life, limb, and/or property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a site or premise is appropriate, or whether a grab sample (or samples) should be taken. Normally, but not always, BCD and total suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls where pH samples are determined from periodic grab samples. Special Arrangements. 1. Nothing in this Ordinance shall prevent any special agreement or arrangement between whereby an industrial the District and any industrial concern, waste (or wastes) of unusual strength and/or character may be accepted by the District for treatment, when, in the judgment of the District, acceptance of same by the District will aid in treatment of such waste(s) by that industrial concern. 2. Determination of Acceptability. In forming the opinion as to the acceptability of the wastes, the District will consider such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other relevant factors. State Requirements; Federal Requirements. State requirements and limitations shall supersede this Ordinance if more restrictive than this Ordinance, and if Federal requirement(s) supersede the State 26 Requirement(s), the Federal requirement(s) Federal requirement provides otherwise. County's and District's Right of Revision. shall control unless the The County and District reserve the right to establish by Ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. SECTION THREE: Reporting Requirements. A. Baseline Report. 1. Within one hundred and eighty (180) days after the effective date of a Categorical Pretreatment Standard, all Industrial Users subject to National Categorical Pretreatment Standards shall deliver to the District a written report containing not less than the following information: (a) The name and address of the facility including the name of the operator and all Owners of five or greater percent of the entity; (b) A list of any environmental control permits held by (or for) the facility; (c) A brief (but complete) description of the nature, average rate of production and Standard Industrial Classification of the operations. This description must include a schematic diagram of points of discharge to the POTWS from regulated processes; (d) The measured maximum single day flow, peak one (1) hour flow, and the average daily flow from each process stream, in gallons per day; (e) The Pretreatment Standards applicable to each regulated process. The User shall deliver to the County the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from 27 each process. These samples shall be representative of daily operations and include both maximum and average daily concentration. Where feasible, samples must be obtained through flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite sampling is not feasible, a grab sample may be accepted. Where stream flow is less than or equal to two hundred and fifty thousand (250,000) gallons per day, the user must take three (3) samples within a (2) two-week period. Where stream flow is greater than two hundred and fifty thousand (250,000) gallons per day, the User must take six (6) samples within a (2) two-week period. Samples should whenever possible be taken immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be performed in accordance with the techniques then prescribed in 40 CFR Part 136, or then existing amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Public Utilities Administrator determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods, as approved by the Environmental Protection Agency Administrator. The District may allow the submission of a baseline report, which utilizes only historical data if that data provides information is sufficient to determine the need for pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analyses 28 Bo (f) Categorical Pretreatment Pretreatment Requirements. Compliance Schedule Reports. is representative of normal work cycles and expected pollutant discharges to the POTWS; and A statement reviewed and signed by an authorized representative of the Industrial User and certified by a qualified professional engineer indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment Is required to the industrial user to meet the National Standards and associated The District shall require Industrial Users to develop compliance schedules required to meet National Categorical Pretreatment Standards. The proposed compliance schedule shall be submitted to the District for review and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these pretreatment standards. The completion date of this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard. 2. The schedule shall contain increments of progress in the form of specific dates for completion of major events leading to the construction and operation of required pretreatment facilities necessary for the Industrial User to meet the applicable National Categorical Pretreatment Standards. No increment of such schedule shall exceed nine (9) months. No later, than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the District including whether or not it complied with the 29 increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. 90-day Compliance Report. 1. An Industrial User then subject to the National Categorical Pretreatment standards and associated Pretreatment Requirements will submit to the District within ninety (90) days following the date for final compliance with said Pretreatment Standards and Requirements, or in the case of a new connector following commencement of wastewater discharge to the POTWS, a report indicating the nature and concentration, as well as the maximum single day, peak one hour and average daily flow, of all pollutants limited by said Pretreatment Standards and associated Pretreatment Requirements being discharged to the POTWS. 2. This report must indicate whether the applicable National Categorical Pretreatment Standards and associated Requirements are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment have been (or will be) implemented to bring the user into compliance with the then applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements. This statement must be signed by an authorized representative of the industrial user and must be certified by a qualified engineering professional. Periodic Compliance Reports. 1. A User then subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements must submit to the District during the months of June and December, unless required more frequently in said Pretreatment Standards 30 E= or by the District, a written report indicating the nature and concentration of pollutants in the effluent that are limited by the referenced Pretreatment Standards. In addition, this report must include a record of the maximum single day and average daily flows being discharged during the reporting period. 2. At the discretion of the District and in consideration of such factors as local high or Iow flow rates, holiday, budget cycles, etc., the District may decide to alter the months during which the compliance reports are to be submitted by the particular User. These reports shall be signed by an authorized representative of the Industrial User prior to submittal. The District may impose quantum limitations on Users in order to meet the applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements, or in other cases where the imposition of quantum limitations are appropriate in the judgment of the District. In each such case, the compliance report must indicate the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the User. These reports must contain the results of sampling and analyses of the discharge, and must include a record of the flow, nature and concentration, or quantity in pounds where requested by the District of pollutants contained therein which are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The frequency of monitoring will be prescribed in the referenced Pretreatment Standards. All analysis will be preformed in accordance with the procedures established by the EPA Administrator pursuant to Section 304(g) of the Clean Water Act of 1977 and contained in 40 CFR, Part 136 and then existing amendments thereto, or with any other applicable and relevant test procedures approved by the EPA Administrator. Sampling will be performed in accordance with the techniques approved by the EPA Administrator. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant 31 in question, sampling and analyses will be performed in accordance with the procedures set forth in the then current EPA publication entitled "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants" dated April, 1977', and then existing amendments thereto, or with any other sampling approved by the EPA Administrator. Notice of Potential Problems. and analytical procedures then In the case of a slug discharge, the User must immediately telephone and notify the POTWS of the details of the incident, including the exact location of the discharge, type(s) of waste(s), concentration(s) and volume(s), and corrective action(s). The amount of information must be sufficient to enable the District to be able to evaluate the severity of the incident. Within five (5) working days following a slug discharge, the User shall deliver to the District a detailed written report describing the cause of the discharge and all measures taken (to be taken) by or on behalf of the User to prevent any and all future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTWS, fish kills or any other damage to person and/or property; nor shall such notification relieve the User of any fines, civil penalties and/or other liability, duty or responsibility which may be imposed by this Ordinance and/or by any other applicable rule, regulation and/or law. A notice shall be permanently posted on the User's bulletin board or other prominent place advising its employees who to call in the event of a dangerous discharge. All employers shall ensure that all of its respective employees who may cause or suffer such a dangerous discharge to occur are aware of the emergency notification procedure. 32 Ko Noncompliance Notification. User must notify the POTW within twenty- four (24) hours of becoming aware of any violation of this Ordinance or any potential problems, which may occur due to the user's discharge. Periodic Compliance Report for Industrial Users not subject to National Categorical Standards. User must provide the POTW with the most current information on the User's discharge. This report will be submitted twice a year on dates provided by the District. Notification of Changed Discharge. User must notify the POTW of any anticipated changes in wastewater characteristics and/or flow, which may affect treatment. Notification of Hazardous Wastes Discharge. commencement of a discharge, User must Within 180 days after notify the POTW, the USEPA, and the State of Florida of hazardous wastes per 40 CFR Part 261. Notice of Upset. Within twenty-four (24) hours of becoming aware of an upset condition, User must notify POTW of unintentional and temporary noncompliance with categorical standards, and within five (5) working days a written submission including the following information is required: 1. Description of discharge and cause of noncompliance. 2. Period of noncompliance. Include dates and times. If upset is not corrected included anticipated duration. 3. Measures take to reduce, eliminate and prevent recurrence of noncompliance. Notice of Bypass 1. User must notify the POTW of noncompliance and potential problems, which may occur due to a bypass condition. Notice must be received ten (10) days prior to the date of the bypass. If bypass is unplanned, oral notice must be received with 24 hours of User becoming aware of bypass. A written notification must follow within five (5) days. 33 SECTION FOUR: Monitoring and Inspections. Monitoring Facilities. The District shall require construction, operation and maintenance, at no expense to the County, of monitoring facilities to allow inspection of the building sewer and/or internal drainage systems, and sampling and flow measurement of the waste being discharged to the POTWS. Appropriate valves shall be included in design and construction of such facilities to immediately and effectively halt discharges under situations described by Section Two of this Ordinance. The monitoring facility should normally be situated on the User's premises, but when such a location would be impractical or cause undue hardship to the User, the District may, if feasible, permit the monitoring facility to be constructed in public right-of-way and be located so that it would not be obstructed by landscaping or parked vehicles. Ample room shall be provided in the area of such sampling manhole or facility to allow accurate sampling and preparation of sampling for analyses. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at no expense to the County. Whether constructed on public or private property, the sampling and monitoring facility shall be constructed in accordance with the District's requirements and all applicable local construction standards and/or specifications. Inspection and Sampling. The District shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and that all requirements are being complied with. Persons or occupants of the premises where wastewater is being generated and/or discharged to the POTWS shall allow the representative of the District, the State, or the EPA, immediate, free and ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and/or records duplication, or otherwise in the performance of any of their duties. The County (District), the State, and the EPA shall have the right to set up on the 34 User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. In instances where a User has security measures in force which would require proper identification and clearance before entry into the premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from Collier County/District, the State, and/or the EPA shall be permitted to enter, freely and without delay, for the purposes of performing their work. Powers and Authority of Inspectors. 1. Duly authorized employees of the County/District bearing proper credentials and identification shall be admitted to all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with this Ordinance. 2. While performing work on private properties referred to herein, the authorized employees of the District shall observe all safety rules applicable to the premises as established by the Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shall be permitted to freely and immediately enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspections, observation, measurement, sampling, repair and/or maintenance of any portion of the wastewater facilities lying within said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 4. Duly authorized employees of the County/District shall provide notice to any violator(s) that the violator has committed a violation of this Ordinance (including rules and regulations incorporated herein by reference) and shall establish a reasonable time period 35 within which the violator must correct violation(s) that are curable or correctable. Such time period shall generally be no more than thirty (30) days. If, upon personal investigation, an inspector finds that the violator has not corrected the violation within the case specific specified time period for compliance, an inspector may issue a citation to the violator. An inspector does not have to provide the violator with a reasonable time period to correct the violation if the inspector has reason to believe that the violation presents a serious threat to the public health, safety, and/or welfare, or if the violation is irreparable or irreversible. SECTION FIVE: Violation and Penalties. A. Violations. Notice of Violation, Consent Orders, Show Cause Hearing (a) When the District finds that a user has violated, or continues to violate, any provision of this Ordinance, or order hereunder, or any pretreatment standard or other requirement ("Noncompliance"), the District may serve upon that User a written Notice of Violation in person, or by facsimile, by certified mail or by any lawful means of service. Within ten (10) work days of receipt of this notice, the User shall deliver to the District a written detailed plan for satisfactory correction of all noticed violations and for prevention of further recurrences thereof. Submission of this plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the District to take action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (b) The District may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents must include specific action to be taken by the User 36 to correct the noncompliance within a time period specified by the document. Such documents shall be judicially enforceable. (c) The District may order a User who has received a notice of violation to appear before the District and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) work days prior to the hearing. Such notice may be served on any authorized representative of the User. A show cause hearing shall not be a bar against, or prerequisite to, taking any other action against the User. Should any violation of any condition of this Ordinance occur, User will be subject to the penalties described in subparagraph B of this Section. Upset (a) (b) An upset does not constitute noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset shall provide an affirmative defense to noncompliance provided that proper notification and that the facility was being operated at the time of upset. Temporary Bypass (a) User may allow any Temporary Bypass violate pretreatment standards. documentation are demonstrated. User must demonstrate properly maintained and that does not 37 (b) (c) Penalties. 1. 8C Temporary Bypass which violates pretreatment standards is prohibited unless it was necessary to prevent loss of life, personal injury, or severe property damage. User must provide the District prompt written notification of justification for any such Temporary Bypass within twenty four (24) hours of occurrence. When the District determines that a User(s) is contributing to the POTWS, any of the prohibited discharges in such amount(s), which do (or which threaten to) Interfere with the operation of the POTWS, or may present an endangerment to the environment, the District has authority to immediately halt or immediately prevent any such discharge(s) to the POTWS. The District shall provide the User notice of this action in accordance with Section 5, paragraph F of this Ordinance. Subsequent to such notice, the District may allow the User up to thirty (30) days to deliver a response, which response must include the cause of the discharge and all corrective measures taken or to be taken. Wastewater service shall not be resumed until all such corrective measure(s) as needed have been undertaken to eliminate all threats of interference and/or endangerment to the environment. Following this specified response period in the specific instance, the District, as it determines necessary, shall begin development of effluent limitation(s) and a compliance schedule for such User to correct all interference(s) with the POTVVS. Any person who fails or refuses to obey or comply with or violates any provision of this Ordinance may be prosecuted in the same manner as misdemeanors are prosecuted. Such person upon conviction of such offense shall be punished by a fine (as specified herein) for each violation, or by imprisonment not to 38 exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Pursuant to the authority of Chapter 162.09, Florida Statutes, the fine is not to exceed one thousand dollars ($1,000) per day per violation for a first violation, five thousand dollars ($5,000) per day for a repeat violation. In determining the amount of the fine, if any, the trier of fact may consider the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by that violator. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non- compliance may be considered as a separate offense. All expenses incurred by the County in regulating the incident, will be paid by the offending User(s). Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. Furthermore, enforcement in Court shall not prevent referral of the violation to any Code Enforcement Board. In addition, if the violator is within the jurisdiction of the Collier County Water/Wastewater Authority, the matter may also be referred for enforcement to that Authority. If the violator is a tenant, licensee or use permittee of the Collier County Airport Authority, such violation shall also be a violation of the respective lease, license or use agreement. 39 Co 7. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and District, and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. 8. All aspects of Sections 1-6 of the Collier County Code of Laws and Ordinance also apply to this Ordinance. Authority to Disconnect Service. The District may terminate water and wastewater disposal services and disconnect a User from the system when: 1. Acid(s) or chemical(s) damaging to the sewer lines or the treatment process are released into the sewer causing rapid or greater then normal deterioration of these structures, or interfering with proper conveyance and/or treatment of wastewater; or A governmental agency informs the District that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a percolation pond, reclaimed water system or groundwater well, or it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as normal domestic treatment; or The User discharges industrial waste or wastewater that is in violation of the permit issued by the District; or The User discharges wastewater at an uncontrollable, variable rate, in sufficient quantity to cause an imbalance in the wastewater treatment systems; or The User fails to pay a monthly bill for water or sanitary sewer services when due, or The User repeats a discharge of prohibited waste(s) into public sewer. 40 Reasonable Service Conditions. 8 C 1. The District reserves the right to refuse to provide, or to cease providing, water and/or wastewater services to any connector for any good reason(s) which shall include, but not be limited to, use of water or contribution of wastewater in suCh manner or form as to be injurious or detrimental to the general welfare of the system, its customers, or the community. The District may require that pretreatment flow regulations or other remedial, preventive, or corrective facilities be installed (at no expense to the County) when the situation warrants provision and use of such facilities. 2. The District is authorized to immediately halt and/or immediately eliminate upon notice to the User in accord with Section 5, paragraph E of this Ordinance, any actual or threatened discharge of pollutants to the POTWS, which does present (or may present) an imminent or substantial endangerment to the health or welfare of any person or any animal. Suspension of Services. 1. The District may suspend the wastewater treatment service and/or effluent permit when such suspension is deemed to be necessary, in the opinion of the District, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTWS or causes the District to violate any condition of its FDEP Permit. Any person notified of a suspension of the wastewater treatment service and/or the effluent permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the District shall take such steps as by the District are deemed to be necessary, including initiation of legal action by the County Attorney and immediate severance of the sewer connection, to prevent or 41 8C minimize damage to the POTWS system or endangerment to any individuals. Absent other compelling reason(s) not to do so, the District shall reinstate the effluent permit and/or the wastewater treatment service upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the User describing the cause(s) of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the District within fifteen (15) calendar days of the date of occurrence. Revocation of Permit. 1. Any User who violates any of the following conditions of this Ordinance or applicable State and Federal regulations, is subject to having its permit revoked in accordance with the following procedures: 2. Failure of a User to report factually the wastewater constituents and characteristics of his discharge. (a) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics. (b) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (c) Violation of conditions of the permit. Notice of Disconnection, Suspension, Revocation. The District shall attempt to notify User in writing prior to disconnecting, spending or revoking User's service or permit. Said notice should inform User of the sections of this Ordinance being violated, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice may result in disconnection, suspending or revoking User's service or permit. However, in emergency situations the District may disconnect, suspend or revoke User's service or permit prior to notification. User will, whenever 42 8C possible, be notified as soon as is reasonably possible after said action is taken. SECTION SIX: Confidentiality, Public Records Law. Confidential Information. 1. Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user demonstrates to the that the requested specifically requests confidentiality and satisfaction of the County Attorney confidentiality is lawful applying the public records laws of the State of Florida, which are as of the effective date of this Ordinance is Chapter 119, Florida Statutes. 2. When requested by the User furnishing a report, portions of said report, if any, which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the government agencies for uses related to this Section, the State disposal permitting system and/or the State and Federal pretreatment programs provided, however, that such portions of a report shall be available for use by the State or other State agencies in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Notwithstanding any of the provisions of this Section, nothing shall be construed to imply that the County can or will violate any public records laws or any United States Government or Federal Act or Law, requiring disclosure of public records or otherwise. Any release of information or disclosure made by the County (including the District) in compliance with any such law(s) renders the County immune from any cause or claims based on any release of any such information. 43 SECTION SEVEN: Service Char.qe and Fees. 8C *~l A. The Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District hereby adopts the Rates, Fees, and Charges as set forth in Schedule 1; Inclusive, appended hereto as Appendix A, which shall be imposed upon all Users of the Collier County Water-Sewer District services within the District boundaries and outside the District boundaries subject to appropriate mutual agreements. These rates, fees, and charges may be changed from time to time by Resolutions of the Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District, provided the Board holds an advertised public hearing with regard to the Schedule amendments. The hearing may be placed on the Board's Summary Agenda and remain there for final action of the Board if no one removes the matter from that part of the agenda. B. Charges and Fees. 1. The District may adopt charges and fees which may include but are not limited to: (a) Fees for reimbursement of costs of setting up and operating the District's pretreatment program; (b) Fee for monitoring, inspection and surveillance procedures; (c) Fee for reviewing accidental discharge procedures and construction; (d) Fees for permit applications; (e) Fees for filing appeals; (f) Fees for consistent removal (by the District) of pollutants otherwise subject to Federal Pretreatment Standards; (g) Amount of effluent bond; (h) Fees for special arrangements; and (i) Other fees as the District may deem necessary to carry out the requirements contained herein. 44 2. Wastewater system Users determined by the County to be included in the "FOG" (Fats, Oil and Grease) Program shall pay a monthly Supplemental Service Charge to be established by Resolution of the Board of County Commissioners. These charges are to pay for additional services required to monitor wastes being discharged by such Users. This charge shall be separate and distinct from the excess strength sewage service charge. This Supplemental Service Charge will be levied to cover costs for: (a) Monitoring, inspections and surveillance procedures; (b) Collection and analyses of wastewater samples; (c) Collection and evaluation of monitoring data; (d) Equipment servicing by an independent service company; and (e) Other requirements deemed necessary to implement the pretreatment program as delineated in this Ordinance. These fees are related solely to the matters covered by this Ordinance and are separate from all other fees chargeable by the District. SECTION EIGHT: Liberal Construction; Declaration of Exclusions from the Administrative Procedures Act. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. No part of any administrative procedures law(s), rules and/or regulations applies to this Ordinance. The laws, rules and regulations that will apply will be those of the forum to which the matter is referred for enforcement. SECTION NINE- Conflict and Severabilit¥. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent 45 provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION TEN - Inclusion in the Code of Laws and Ordinances. The provisions of this Adicle shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION ELEVEN - Effective Date. This Ordinance shall become effective upon being filed with the Department of State, but the revised rates shall not go into effect until the 1st day of June, 2003. PASSED AND DULY adopted by the Board of County Commissioners as Ex- officio Board of the Collier County Water-Sewer District this day of ,2003. ATTESTED CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS EX-OFFICIO BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Thom~as' C~. ~.lm~r; Assistant County Attorney 46 8C COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM REGULATIONS FOR DIRECT APPENDIX A-SCHEDULE1 The Sewer Surcharge is a mechanism to recover costs incurred when treating high strength wastes discharged by some industrial and commercial users to the wastewater system. These additional funds are needed to cover the cost of operations and maintenance at the Publicly Owned Treatment Works (POTW) and laboratory. A. Rates For Excess Strength Wastewater A customer discharging excess strength wastewater into the County's wastewater system shall be assessed a laboratory charge based on the cost of collecting and analyzing samples used to determine the strength and characteristics of the waste. Where automatic sampling equipment is required by the County or requested by the customer and such equipment is owned and/or maintained by the County, a monthly sampling charge shall be assessed based on the cost to the County of operation and maintenance of the equipment plus depreciation. The customer must be responsible for security of the automatic sampler. A customer discharging excess strength waste into the wastewater system shall be assessed normal strength wastewater charges in addition to excess strength charges calculated according to the following formula: Excess Strength Fee ($) :[Y/X - 1] x [Z] x [0.5 x A] Y = Measured concentration of wastewater constituent. X -- Concentration of constituent in normal strength wastewater. Z = Thousands of gallons of excess strength wastewater discharged into the County's wastewater system. A = Normal strength wastewater rate per thousand gallons. Excess strength charges shall be applicable only to the following conventional constituents: COD, Total Suspended Solids and Total Kjeldahl Nitrogen. When COD is indicative of the excess wastewater strength, it shall be the preferred measurement parameter. Where the wastewater contains no more than one excess strength constituent, the charge shall be based on the constituent, which results in the greatest charge. 47 80 WASTEWATER PRETREATMENT PROGRAM APPENDIX B - SCHEDULE OF FEES, RATES AND CHARGES CHARGE ITEM Industrial User Permit Fee (based on 7-man hours per permit) $155.00 Industrial User Amended Permit Application Fee (based on 5 man hours per permit $110.00 Industrial User Permit Fee Discharge in gallons per day 0- $ 300.00 24,999 Industrial User Permit Fee Discharge in gallons per day 25,000- $ 450.00 49,999 Industrial User Permit Fee Discharge in gallons per day 50,000- $ 600.00 99,999 Industrial USer Permit Fee Discharge in gallons per day greater $ 750.00 than or equal to 100,000 per day Review of accidental discharge procedures and construction $ 65.00 (based on 3 man-hours per review) *Monthly Supplemental Service Charge (FOG) Program $12.00 Establishments **Total Suspended Solids Analysis (TSS) $15.00 ** TOtal Kjeldahl Nitrogen (TKN) $15.00 **Chemical Oxygen Demand Analysis (COD) $15.00 Industrial User Inspection' $ 75.00 Automatic Sampler Usage Fee Per Day $ 40.00 *Monthly Supplemental Service Charge For Establishments that fall under the Fats, Oil and Grease Program (FOG). Charges are based on two inspections annually, sampling and analysis of COD and TSS and report preparation. ** The cost of any laboratory analysis expenses incurred by the Collier County Wastewater Department for purposes of an individual user with the Sewer Use Ordinance shall be charged to the user, who shall reimburse the County promptly upon receipt of said charge. This charge is subject to increase or decrease according to the prevailing average cost per test. 48 EXECUTIVE SUMMARY ADOPT THE COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE INCLUDING GENERAL DISCHARGE PROHIBITIONS OF INDUSTRIAL WASTE; MAXIMUM CONCENTRATIONS ALLOWED; USE OF INTERCEPTORS (GREASE TRAPS); AND, SERVICE CHARGES AND FEES. OBJECTIVE: That the Board of Collier County Commissioners, Ex-Officio, the Governing Board of the County Water-Sewer District, adopt the Collier County Industrial Pretreatment Ordinance including General Discharge Prohibitions of Industrial Waste; Maximum Concentrations Allowed; Use of Interceptors (Grease Traps); and, Service Charges and Fees. CONSIDERATION: In 1997 the Board of County Commissioner adopted the Utility Operating and Regulatory Ordinance No. 97-48, establishing certain uniform utility operating and regulatory standards and procedures including Sewer Use Restrictions. Ordinance No. 97-48 was repealed when Ordinance No. 2001-73 was adopted in December of 2001. Ordinance No. 2001-73 addressed establishing rate fees and charges, and excluded all Industrial Pretreatment Regulatory Standards, Sewer Use Restrictions, and Procedures and Formula for Industrial Waste Surcharge. The Collier County Industrial Pretreatment Ordinance is based on the United States Environmental Protection Agency's (USEPA) requirement for a local industrial pretreatment program that addresses fats, oils and grease. This ordinance will provide a mechanism for enforcement action for industrial users who are not in compliance. The Collier County Industrial Pretreatment Ordinance includes clarification to the General Discharge Prohibitions based on CFR 40 Part 403 USEPA Federal Pretreatment Program. A Fats, Oils and Grease (FOG) inspection and sampling program will be implemented with the adoption of the Industrial Pretreatment Ordinance to protect and reduce the operating costs of the Wastewater System. The Collier County Industrial Pretreatment Ordinance adopts an Industrial Waste Surcharge Formula. A customer discharging excess strength waste into the wastewater system shall be assessed normal strength wastewater charges in addition to excess strength charges. Excess strength charges are charges for the cost of treating discharges that surpass standard domestic wastewater discharges as defined in the ordinance. A monthly surcharge that will cover the cost of inspections and administering the Fats, Oils and Grease Program is proposed on every hospital, nursing home, jail, cafeteria, restaurant, grocery store, hotel and any other establishment where food is handled or prepared for consumption or distribution. Industrial users are identified as any commercial/industrial customer who discharges greater than 25,000 gallons per day of wastewater and/or a commercial/industrial customer who discharges any of the regulated compounds believed to be in high enough concentrations to cause harm to the County's Wastewater System or that could pass through the treatment plants and cause a compliance problem with the plant's effluent or sludges. County Staff will identify industrial users that will be required to obtain a permit from the District. A comparison of existing adopted ordinances from the City of Tampa, Lee County and Manatee County was made. Additionally, the pretreatment guidelines established by the FDEP and the USEPA were reviewed. A review of Collier County Building and Plumbing Codes were conducted and no conflicts were found. FISCAL IMPACT: Funds are available within the Wastewater Laboratory operating budget (408/233350). The $12/month per user fee collected for the Fats, Oils and Grease Program will pay for the cost of county employee staff time for inspections, 2 times per year sampling, and the administration of the program. It is not known at present the potential revenue for the industrial user excess strength charges, and fees collected for the permitting process. The program will be evaluated at the end of the first year of operation to determine whether fees are sufficient to cover associated costs. The fees collected will reduce the impact on the Wastewater Department's Operations and Maintenance Budget. These revenues will pay the additional treatment costs associated with wastewater that has excessive strength over domestic wastewater. It is not anticipated that any additional staff or vehicles will be required at this time and in the proposed FY 04 Budget. As the system grows, revenues associated with the Industrial Pretreatment Program will bear the cost of the expanded services required. RECOMMENDATION: Staff recommends that the Board of Collier County Commissioners, Ex-Officio, the Governing Board of the County Water-Sewer District, adopt the Collier County Industrial Pretreatment Ordinance, as described herein and attached hereto. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: l~Iil(lie-KeileY, ~as~e~at~r61~oratory Supe-~vis~ Jr~eph Cheatham, Wastewater Director Ann M~-ie Saylor~perations Analyst j~ Date: )-tL ~'O~ /~, Sn~ith~ Pollution Control & Prevention Director APPROVED BY: Date: James W. DeLony, P.E., Public Utilities Administrator 8C Fact, Sheet Subject: Adoption by the Board of County Commissioners the Collier County Industrial Pretreatment Ordinance that includes local regulatory standards, sewer use restrictions, allowable local limits for Industrial/commercial discharge, procedure and fees for obtaining an Industrial Pretreatment Permit, setting of excess strength surcharges, and a Fats, Oils, and Grease (FOG) inspection and compliance program. Purpose: The purpose of this ordinance is to insure compliance with all Florida Department of Environmental Protection (FDEP) and United States Environmental Protection Agency (USEPA) permits. The ordinance will protect the Collier County Wastewater System by: Developing, implementing and maintaining an approved pretreatment program with pretreatment standards and requirements. Evaluating compliance of regulated industrial users through permitting of their facilities. Establishing fees for excess strength wastewater from industrial users. Providing enforcement action against non-compliant industrial users as appropriate. Developing and enforcing a response plan. Ensuring industrial users pay their share of treatment costs now borne by all sewer ratepayers. Establishing a Fats, Oils & Grease (FOG) Program. Background/Considerations: Wastewater treatment plants are designed to treat pollutants that are biodegradable. They are not designed to treat pollutants that are toxic. Some industrial/commercial establishments discharge pollutants that could be toxic to a biological wastewater treatment system. Such discharges can cause serious problems. The problems associated with such discharges can be prevented using treatment techniques and/or management practices that reduce or eliminate the pollutants from the discharge. The act of treating wastewater prior to discharge into a sewer system is commonly referred to as "pretreatment." The National Pretreatment Program, published in Title 40 Code of Federal Regulation (CFR) Part 403, provides the regulatory basis that requires non-domestic discharges to comply with pretreatment standards to ensure the goals of the 1972 Clean Water Act (CWA) are obtained. The goals of the Collier County Industrial Pretreatment Program are to: Prevent the introduction of pollutants into the wastewater system that would interfere with the operation of the wastewater plant thereby causing permit violations of the treated effluent and the disposal of wastewater sludges. Prevent the introduction of pollutants into the wastewater system that would pass through the system thereby not allowing the effluent to be used for irrigation in the County's Reclaimed Water System. Collier County is initiating a program of wastewater sludge composting in order to meet Federal Requirements and to have a beneficial re-use of this product in local agricultural markets. The Industrial Pretreatment Program will protect this valuable resource from contamination. The discharge from industrial users can be high in volatile organics. These organics can accumulate in the headspace of the sewer, increasing the likelihood of an explosion that could ]:h'e-kreatment Ordinance Page I of 3 cause significant damage. Discharge limitations and management practices to control such discharges will significantly reduce that likelihood. The discharge of toxic organics can result in a chemical reaction that forms deadly gasses. That kind of discharge could be harmful to wastewater staff and citizens. The Industrial Pretreatment Program will regulate the 126 Priority Pollutants from Industries that discharge into the Collier County Wastewater System. In addition, the ordinance sets local limits that may be more stringent than those set by the National Categorical Standards listed in CFR 40 Part 403. Local limits are set based on the background data for the County's wastewater effluent and sludge. The FOG Program is designed to inspect, regulate and insure compliance of establishments who discharge greater than 100 mg/L of fats, oils and greases. The majority of the users have been identified as establishments that use cooking oils. The Collier County Building & Plumbing Codes require these establishments to install and maintain below ground grease traps. The FOG Program is designed to inspect and sample their facilities 2 times per year. The inspections help to regulate the amount of FOG that is discharged to the County Wastewater System. Discharges of FOG cause the following: Blockage of gravity mains that can lead to sanitary sewer overflows. Loss of capacity in gravity and force mains. Increase Operations & Maintenance costs associated with frequent cleaning of sewer lines. Increase odor in neighborhoods and around lift stations. The FOG Program will provide a current inventory of regulated establishments, an inventory of problem areas, prevent sewer blockage and outages, improve the compliance rate of users, increase awareness of the serious nature of the problems associated FOG, and provide performance measures to help increase our operation and maintenance efficiencies. The Industrial Pretreatment Ordinance is based on the USEPA requirement for a local industrial pretreatment and FOG Program. An outside consultant has reviewed the ordinance to ensure it meets the intent of the USEPA National Pretreatment Program. The ordinance was also reviewed and approved by the FDEP. In addition, calls for comment were requested of the Naples Chamber of Commerce, City of Naples Public Works and the State and local Restaurant Association. The Public Utilities Solid Waste Department, Pollution Control and Prevention Department, and Collier County Development Services Department have conducted an internal review. Additionally, a presentation was given to the Collier County Utilities Sub-committee. a Future Actions/Considerations: A database of FOG customers will be set up prior to the proposed June 1, 2003, ordinance implementation date. County staff has identified several industrial users that qualify for permitting. A meeting with these users will be set up to discuss the permitting process. The identified customers have been notified of the existence of the proposed Industrial Pretreatment Ordinance. A public awareness campaign will be initiated to advise Collier County residents of the new ordinance, and to educate the public as to the proper disposal of residential FOG. Industrial users are identified as any commercial/industrial customer who discharges greater than 25,000 gallons per day of wastewater and/or a commercial/industrial customer who Preq~reatmenl Ordi~mncc Page 2 ,)[~ 3 e 8C discharges any of the compounds regulated under CFR 40 Part 403 believed to be in high enough concentrations to cause harm to the County's Wastewater System, or that could pass through the treatment plants and cause a compliance problem with the plant's effluent or sludges. County staff will identify industrial users that will be required to obtain a permit from the District. Coordination Required: A coordinated effort between many county departments made this ordinance possible. The Collier County Pollution Control and Prevention Department will work with County staff to set up a program that meets all the requirements of CFR 40 Part 403. A detailed project management plan will be developed for implementation of the Industrial Pretreatment Program prior to the proposed June 1, 2003, ordinance implementation date. Prior to June 1, 2003, the Utility Billing Department will mail flyers to users who will be affected by the ordinance. Billing procedures will be implemented to accept the new fees into the Collier County Billing System. Staff will continue the FOG inspection program, which will now entail 2 times per year sampling to ensure compliance. Wastewater Collection staff will continue to monitor the wastewater collection system in order to identify problem areas. The department's GIS capabilities will map all problem areas. Fiscal Impact: The $12/month per user fees collected for the FOG program will pay for the cost of County staff time for inspections, 2 times per year sampling, and the administration of the program. It is not known at present the potential revenue for the industrial user excess strength charges and fees collected through the permitting process. The program will be evaluated at the end of the first year of operation. The fees collected will reduce the impact on the Wastewater Department's Operations and Maintenance Budget. These revenues will pay the additional treatment costs associated with wastewater that has excessive strength over domestic wastewater. It is not anticipated that any additional staff or vehicles will be required at this time and in the proposed FY 04 Budget. As the system grows, revenues associated with the Industrial Pretreatment Program will bear the cost of the expanded services required. Recommendations: Staff recommends that the Board of County Commissioners adopt the Collier County Industrial Pretreatment Ordinance. The ordinance will help to ensure compliance with Federal, State and local laws. In addition, it provides protection for our infrastructure and safety for our workers and citizens. The ordinance will provide continued enhancement to the quality of life within our community and is in the best interest for the safe, effective and efficient operation of the County' s wastewater facilities Pre4reatmen! Ordinance Page 3 of 3 March 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: INDUSTRIAL PRETREATMENT ORDINANCE Dear Georgia: Please advertise the above referenced notice on Friday, April 11, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account # 408-210120-649110 Notice is hereby given that on Tuesday, April 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE FOR DIRECT AND INDIRECT CONTRIBUTIONS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEMS OF THE COLLIER COUNTY WATER-SEWER DISTRICT; DEFINITIONS; ABBREVIATIONS; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES; SCOPE OF APPLICATION OF THIS ORDINANCE; RULES AND REGULATIONS; PROVIDING FOR MONITORING AND INSPECTIONS; VIOLATIONS AND PENALTIES; APPENDICES FOR RATES, FEES AND CHARGES; CONFIDENTIALITY; PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk (SEAL) 8C Teri Michaels To: Subject: legals@naplesnews.com ATTN:GEORGIA RE:INDUST.PRETREAT.ORD. 8C ~~ thanks fl¢opgia ........... industpial ppetpcatment opd. INDUST. PRETREAT, INDUST. PRETREAT. ORD,dOC ORD.dOC Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, March 24, 2003 12:44 PM Ted Michaels Delivered: ATTN:GEORGIA RE:INDUST.PRETREAT.©RD. 8C ATTN:GEORGIA RE: INDUST. PRETREA... <<ATTN:E, EOR~ZA RE:ZNDUST. PRETREAT. ORD.>> Your message To: Iegals~naplesnews.com Subject: ATTN:GEORG;EA RE:ZNDUST. PRETREAT. ORD. Sent: Man, 24 Mar 2003 12:44:21 -0500 was delivered to the following recipient(s): legals on Man, 24 Mar 2003 12:43:43 -0500 ATTN:GEORGIA RE:INDUST.PRETREAT.ORD. Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Monday, March 24, 2003 2:51 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:INDUST.PRETREAT.ORD. rcvd to run 4/11 georgia ..... Original Message ..... From: Teri Michaels [mailto:Teri. Michaels@clerk.collier.fl.us] Sent: Monday, March 24, 2003 12:44 PM To: legals@naplesnews.com Subject: Aq-I'N:GEORGIA RE:INDUST. PRETREAT.ORD. thanks georgia ........... industrial pretreatment ord. <<IND UST.PRETREAT.ORD.doc>> <<INDUST.PRETREAT.ORD.doc>> 3/24/2003 NapLes DaiLy News NapLes, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMHIS$IONERS CHERI LEFARA PO BOX 4q30q6 NAPLES FL 34101-~016 REFERENCE: 001230 408210120649 58640334 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve~ as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida/ each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; end affiant further says that she has neither paid nor promised any person/ firm or corporation any discount, rebate/ commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/11 AD SPACE: 141.000 INCH FILED ON: 04/11/03 ~---~ ...... + Signature of Affiant . Sworn to and Subscribed ~e~ m~is Personally known bY me~/~/~ o~~ ~, Oon~ Chesney - Expires Gep~em~ 11. Not[~e .is hereby giv- en tllat c n lue$oaY, ~orll 22, ~OOL In the aoardroor ~, 3rd Floor, AdmFnJs~! ~tlO~L BUlI~' ulg, Col/laC Goupty n~vernm ~nt cooler, Vmlk Nam,les. elor ~ cOmmjs~toners con~m)r the enac~- nance. 'rne m 31- Co i s o the pro- oo~P~ Or~Jntsnce are bn file with the C erk to tile Board and are · available, for/nsoec-I tlon, All Iotere~ted/ N : II per OhS ~~ Imm mu~:l ad- ~ ~:~_~l~ed tc {h~-'~pro~t~ coun ty staff s m~m~m..o' se ~ nor term~ use~ lO oresen ~atio~s .Reto~e th, Boar~wluoecome ~ent p~ of aerson ho de- c~st p ~ade - on o~t~ ~oard ~1 need a .~ecore of ~e proce~gmgs .pertain: I~0 thereto ana ~i~m, ~Y neg..to ~ t~R~ a vematl~ ~cora o~tne proceee- Ings i~ made, which reeore incluaes the testimony and evi- dence ~_ _~lch M~ ,..,,DC,. By: /s~eri Michaels. t clerk __ No. 131491 ORDINANCE NO. 2003 - .1_8 COLLIER COUNTY INDUSTRIAL PRETREATMENT ORDINANCE FOR DIRECT AND INDIRECT CONTRIBUTIONS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEMS OF THE COLLIER COUNTY WATER-SEWER DISTRICT; DEFINITIONS; ABBREVIATIONS; PROVIDING FOR SUPPLEMENTAL SERVICE CHARGES; SCOPE OF APPLICATION OF THIS ORDINANCE; RULES AND REGULATIONS; PROVIDING FOR MONITORING AND INSPECTIONS; VIOLATIONS AND PENALTIES; APPENDICES FOR RATES, FEES AND CHARGES; CONFIDENTIALITY; PUBLIC RECORDS LAW; DECLARATION OF EXCLUSION FROM THE ADMINISTRATIVE PROCEDURES ACT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the original Collier County Water-Sewer District, also known as the County Water-Sewer District of Collier County, was approved on November 4, 1969 by the voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida, a Special Act of the Florida Legislature, reestablished the District and provides for all rights, duties, powers, jurisdictions, obligations, responsibilities and interests of both Districts created pursuant to Chapter 153, Part II, Florida Statutes; and WHEREAS, Chapter 88-499, Laws of Florida, and any modifications thereto have been codified in the Code of Laws and Ordinances of Collier County, Florida as Sections 262-631 through 262-653; and WHEREAS, Sections 262-631 through 262-653 of the Collier County Codification is included in part and in whole, including any subsequent amendments thereto, as an attachment to the Ordinance; and WHEREAS, the Board of County Commissioners of Collier County, Florida is the Ex-officio governing Board of the District; and WHEREAS, uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems are in the public interest; and WHEREAS, the District intends to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (Chapter 40 of the Code of Federal Regulations, Part 403); and WHEREAS, all interceptors and/or separators shall be subject to the standards set forth in the Florida Building Code, Plumbing Sections 1003.1 - 1003.5; and WHEREAS, the District intends to prevent the introduction of pollutants into the District's wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; and WHEREAS, the District intends to prevent the introduction of pollutants into the District's wastewater system which will pass through the system, inadequately treated, into receiving waters or into the atmosphere, or otherwise be incompatible with the system; and WHEREAS, the District intends to improve the opportunity to recycle and reclaim wastewater and sludge from the system; and WHEREAS, the District intends to provide for equitable distribution of the cost of the District's wastewater system; and WHEREAS, the District intends to provide for the regulation of direct and indirect contributors to the District's wastewater system through the issuance of permits to certain non-domestic users and through enforcement activities; and WHEREAS, this Ordinance shall apply to the District and to persons outside the District who are users of the County Publicly Owned Treatment Works. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER DISTRICT, that SECTION ONE: Definitions and Abbreviations. COUNTY WATER-SEWER Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: 2 "Administrator" Environmental representative. shall mean the administrator of the U.S. Protection Agency or his duly authorized "Authorized Representative" shall be a principle executive officer of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or sole proprietorship; or an individual if such representative is responsible for the overall operation of the facility. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20-°C, expressed in milligrams per liter. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. "Carbonaceous Biological Oxygen Demand" (CBOD) shall mean a quantitative measure of the amount of dissolved oxygen required for the biological oxidation of carbon-containing compounds in a sample. "Chemical Oxygen Demand" (COD) shall mean a measure of oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. "Cooling Water" shall mean the water discharged from a building or structure subsequent to use of that water for purposes connected with air conditioning, cooling, refrigeration, or for other 3 10. 11. 12. 13. 14. purposes to which the only pollutant added to that discharged water is heat. "County" shall mean Collier County, the Board of County Commissioners of Collier County, Florida, or the duly authorized staff, agent or the representative acting on behalf of the Board of County Commissioners to supervise and/or manage the operation of the Publicly Owned Treatment Works, which includes administration of this Ordinance. "Direct Discharge" shall mean the discharge of treated or untreated wastewater directly to any surface water of the State of Florida. "Discharge Permit" shall mean a regulatory document issued by the County to Industrial Users. The purpose of these permits is to control the discharge of pollutants and slug loads. "Discharge Quality Bond" shall mean a Bond for the permit years payable to the County and District and conditioned upon the Industrial User's faithful compliance with the conditions of this ordinance and all other State and Federal regulations relating to water pollution control. "District" shall mean the Collier County Water-Sewer District including the Collier County Public Utilities Division and Wastewater Department and any of its Sub-Districts. "Domestic Wastewater" shall mean wastewater discharged into the sanitary sewers in which the concentration of total suspended solids and BOD is not more than 250 mg/L, and COD is not more than 375 mg/L, and Total Phosphorous is not more than 15 mg/L, and Total Kjeldahl Nitrogen is not more than 40 mg/L; and total flow is not more than 25,000 gallons per day. Wastewater that exceeds any of these stated items is thereby not "domestic wastewater." 4 15. 16. 17. 18. 19. 20. 21. 22. 23. "Easement" shall mean legal rights for specifio uses of land by the grantee of the easement and/or all beneficiaries of the respective easement. Easements convey an interest in real property. "Environmental Protection Agency (EPA)" shall mean the United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said Agency. "FOG Program" shall mean Fats, Oil & Grease Program. "Garbage" shall mean food wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. "Grease" shall mean any material that is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in "Standard Methods" for the Examination of Water and Waste Manual, American Water Works Association (Includes Fats and Oils). "Grease Interceptor" shall mean a pretreatment device designed and installed to separate animal fats, oils and other grease from entering the wastewater system. "Grease Trap" shall mean a pretreatment device designed and installed to separate animal fats, oils and other grease from entering the wastewater system. "Hauled Waste" shall mean any water and/or waste, which has been removed and transported from any pit, sump, holding tank, septic tank, portable toilet, wastewater treatment facility or industrial facility. "Indirect Discharge" shall mean the discharge or introduction of non-domestic pollutants from any source into wastewater facilities 5 24. 25. 26. 27. 28. 29. 30. 31. as regulated under Section 307(b), (c), or (d) of the Clean Water Act of 1977, as now or hereafter amended or superceded from time to time. "Industrial User" shall be an Indirect Discharger that is the focus of control efforts under the national pretreatment program; includes all indirect dischargers subject to national categorical pretreatment standards, and all other indirect dischargers that contribute 25,000 gpd or more of process wastewater, or which make up five percent (5%) or more of the hydraulic or organic loading to the municipal treatment plant, subject to certain exceptions. (40 CFR 403.3 (t)) as now or hereafter amended or superceded from time to time. "Industrial Waste Surcharge" shall mean the monetary charge made in excess of the sewer service charge for all wastewater over and above normal wastewater. "Industrial Wastes" shall mean the liquid wastes discharged from industrial manufacturing processes, trades or businesses that has characteristics exceeding domestic wastewaters. "Infiltration/Inflow" shall mean ground water and surface waters, which leaks into the sewers through cracked pipes, joints, manholes or other openings. "Interference" shall mean the inhibition or disruption of the Publicly Owned Treatment Works processes or its operation, which contributes to a violation of any requirement of the County's state issued operating permit. "Manhole" shall mean a hole for which sewer, drains and pipes can be accessed for maintenance, repairs and sample collection. "May" is permissive as defined by the District. "National Categorical Pretreatment Standard" or "Pretreatment Standard" shall mean any regulation promulgated by EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act 6 32. 33. 34. 35. 36. 37. 38. 39. of 1977 that applies to a specific category of industrial users and provides limitations on the introduction of pollutants into the publicly owned treatment works. The term includes the prohibited discharge standards under 40 CFR 403.5, including local limits (40 CFR 403.3), as now or hereafter amended or superseded from time to time. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. "Noncompliance" shall mean any violation of any part of this Ordinance, local limits, industrial wastewater discharge permit, or National Categorical Pretreatment Standard. "Oil Separator" shall mean a pretreatment device designed and installed to separate petroleum based oil and grease from wastewater. "Owner" shall mean persons desiring or receiving service or any individual or entity that holds any title to real estate regarding the building or facility receiving wastewater service, including any tenant by the entireties, any co-owner, any tenant in common, etc. "Person" shall mean any individual, firm, partnership, company, government entity, association, society, corporation, or similar or dissimilar group or entity. "pH" shall mean the logarithm (base 10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Pollution" shall mean the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water. "Pollutant" shall mean any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munition, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt and/or industrial, 7 40. 41. 42. 43. 44. 45. ,8C municipal, agricultural or other waste discharged into any surface water or ground water of the State of Florida, "Pretreatment or Treatment" amount of pollutant(s), the shall mean the reduction of the elimination of pollutant(s), or the alteration of the nature of pollutant properties of a wastewater to a less harmful degree prior to or in lieu of discharging or otherwise introducing such pollutant(s) into a County Publicly Owned Treatment Works. "Pretreatment Requirements" shall mean any substantive or procedural requirement related to pretreatment other than a National Categorical Pretreatment Standard imposed on a non- domestic wastewater discharger. "Private Sewage Disposal System" shall mean any individual on- site sewage treatment and disposal system such as septic tanks, cesspools and similar facilities but not including package sewage treatment plants. "Publicly Owned Treatment Works (POTVVS)" shall mean a treatment works that is owned by the District. This definition includes sewers that convey wastewater to the treatment works, but does not include pipes, sewers or other conveyances not connected to a facility providing wastewater treatment. "Public Sewer" shall mean a sewer that is owned by or is controlled by a public authority. This does not include utilities regulated by the Collier County Water/Wastewater Authority. "Public Utilities Administrator" shall mean the individual designated by the Collier County Board of County Commissioners or by the County Manager to supervise the operation of the POTWS or that individual's duly authorized deputy, agent or representative. 8 46. 47. 48. 49. 50. 51. 52. 53. 54. "Sanitary Sewer" shall mean a sewer that carries sewage and to which storm, surface waters and ground waters are not intentionally admitted. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions and/or industrial establishments, together with such ground waters and surface and storm waters as may be present. "Sewage Treatment Plant" shall mean all facilities that treat and/or dispose of sewage. "Sewage Works" shall mean all facilities collecting, pumping, treating and disposing sewage. "Sewer" shall mean a pipe or conduit for carrying sewage. "Shall" and "Will" are mandatory as defined by the District. "Significant Violation" shall mean a violation that remains uncorrected for forty-five (45) days after notification of noncompliance; or which is part of a pattern of noncompliance over a twelve (12) month period; or which involves a failure to accurately report noncompliance; or which results in the POTWS exercising its emergency authority to immediately halt or immediately eliminate a discharge. "Slug" shall mean any discharge of water, sewage or industrial waste in concentration of any given constituent or in quantity of flow that may cause upset of the POTWS operation or exceeds for any period of duration longer than fifteen (15) minutes or more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. "State" shall mean the State of Florida, including any regulatory agency within the Florida State government having jurisdiction over a particular subject or topic of concern in the context of this Ordinance. 9 55. 56. 57. 58. 59. 60. 61. 62. "Standard Industrial Classification" "(SIC)" shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, in 1972, as now or hereafter amended or superseded from time to time. "Storm Drain" (sometimes "storm sewer") shall mean a sewer that carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water. "Supplemental Service Charge" shall mean a monthly supplemental service charge for additional services required to monitor the wastes being discharged by users included in the Pretreatment Program and the Fats, Oil and Grease Program. "Total Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removed by laboratory filtering. "Toxic Pollutant" shall mean any pollutant or combination of pollutants listed as a toxic pollutant in the toxin regulations listed in the CWA Clean Water Act SECTION 307 promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, as now or hereafter amended or superceded from time to time. "User" shall mean any person who contributes, causes, permits contribution of wastewater into the County's or suffers any POTWS. "Wastewater" shall mean a combination of the water-carried wastes from residence, business building, institution, and/or industrial establishment, together with such ground, surface and storm waters as may be present. "Wastewater Director" shall mean the individual designated by the Public Utilities Administrator to supervise operations of the POTWS. 10 63. "Watercourse" shall mean a canal or channel in which a flow of water occurs, continuously or intermittently. B. Abbreviations American Society for Testing and Materials Biochemical Oxygen Demand Carbonaceous Biological Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Florida Department of Environmental Protection U.S. Environmental Protection Agency Fats, Oil and Grease Milligram per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Parts Per Million Standard Industrial Classification Total Suspended Solids 1. "ASTM" 2. "BOD" 3. "CBOD" 4. "CFR" 5. "COD" 6. "FDEP" 7. "EPA" 8. "FOG" 9. "mg/L" 10. "NPDES" 11. "POTWS" 12. "ppm" 13. "SIC" 14. "TSS" 15. "TKN" 16. "WEF" SECTION TWO: Scope of Application Regulations Total Kjeldahl Nitrogen Water Environment Federation of this Ordinance; Rules and A. The following Rules and Regulations apply throughout the geographic areas encompassing Collier County, including within municipalities, but limited to wastewater dischargers that are then directly or indirectly provided wastewater service by the District. To the extent, if any, that this Ordinance conflicts with any then applicable building code, plumbing code or other technical code, the most restrictive provision shall apply. B. Discharge of Industrial Waste. 1. Any Owner discharging Industrial Wastes into the wastewater collection system at the time of passage of this Ordinance shall submit a discharge permit application on the required form not 11 later than six (6) months after the effective date of this Ordinance. All industrial wastewater dischargers proposing to discharge into the District's wastewater system must file with the District on forms furnished by the District an additional application for discharge permit, clearly indicating the volume, the strength and the characteristics of waste discharged or to be discharged into the Public Sewer. If determined necessary by the District, analyses of the representative wastes must be made promptly by an approved independent laboratory and be submitted promptly with the application. Following initial approval, any change in the use of the premises or change in production or operation thereof which causes an alteration in the water use, waste volume, strength or other characteristics relevant to the purposes of this Ordinance, must require a promptly amended application to be filed for approval by the District prior to implementing the proposed alteration to the premises. All discharge permit and amended discharge permit applications will require payment of a fee to be paid when the application is filed. All review costs, in addition to the basic discharge permit fee, shall be borne by the permit applicant and must be paid in full prior to issuance of any discharge permit. It shall be unlawful for any User of the District sewers to discharge industrial wastes into the public sewers without having obtained a discharge permit from the District. Applications for such discharge permits shall be made to the District on forms provided by the District. All information that the District deems necessary to determine potential impacts to the POTWS shall be provided by the applicant. Discharge permits shall be issued to the applicants by the District upon finding that the information set forth in the application will conform to the provisions of this Ordinance, and that the 12 proposed use will be compatible with the capacity, process, treatment and nutrient load of the District wastewater facilities. Discharge permits shall be valid for a term of three (3) years from the date of issuance unless surrendered to, or revoked by, the District upon the determination that an industrial user is exceeding the peak quality and volume of effluent set forth in the original application and/or discharge permit conditions. In the event an Industrial User proposes to make any change in the peak quality and volume of effluent during the term of the permit, resulting from increase in production and/or changes in the production profile, beyond the scope of the discharge permit, such User shall file with the District an amended application for a permit authorizing such change. Such permit shall not be reassigned or transferred to a new Owner, new User, or to different premises without the approval of the District. Discharge permits shall be renewed by completing the permit application form and subsequent review of the application and historical compliance records. Applications must be signed by the Owner of the premises or his duly authorized agent, and signed by the authorized representative of the District showing payment to the District and County of the applicable connection charges and impact fees provided for prior to the initiation of the services. All applicants for service, whether or not such service is to be provided to property within the District area, expressly agree as a condition of acceptance of service to abide by the rules and regulations delineated herein. All cost and expenses related to the installation and connection of the building sewer shall be the responsibility of the Owner. The Owner shall indemnify the District from any loss or damage that 13 Do may directly or indirectly be occasioned by the installation of the building sewer. Discharge Quality Bond. To further assure compliance with the requirements of this Ordinance, all permitted Industrial Users, before receipt of the respective User's discharge permit, must deposit with the District a "Discharge Quality Bond" for the permit years. The Bond shall be payable to the County and District and shall be conditioned upon the Industrial User's faithful compliance with the provision of this Ordinance and all State and Federal Regulations relating to water pollution control. Said bond shall be further conditioned upon the Industrial User's prompt payment of all charges assessed to the Industrial User by the District under this Ordinance resulting from the Industrial User's failure to comply with any of the provisions herein, and to the Industrial User fully indemnifying and protecting the County and the District from any and all penalties, damages and/or claims for penalties and damages (including attorney's fees and costs for defending any and all such claims, including appeals) arising or resulting from the Industrial User's failure to comply with any provision of this Ordinance and/or the State and Federal Regulations relating to water pollution control. The amount of the discharge quality bond shall be set forth by Resolution of the Board of County Commissioners. The bond shall be approved by the County Attorney as a condition of issuance of any such discharge permit. General Prohibitions. 1. No user shall discharge, cause to be discharged, or suffer the discharge, of any storm water, surface water, groundwater, roof run-off, subsurface drainage, uncontaminated cooling water and/or unpolluted industrial process water(s) to the County wastewater collection system. 2. No person shall enter, obstruct, uncover or tamper with portion any of the County sewer system, or connect to same, or 14 discharge any wastewater or any other substance directly or indirectly into a manhole or other opening in the County sewerage system except in strict compliance with all requirements established in this (or incorporated by reference into Ordinance) and through service sewers approved by the Wastewater Director. The Wastewater Director may grant permission and establish requirements and policies for such direct discharge. No person shall remove or demolish any building or structure that has any plumbing fixtures connected directly or indirectly to the County sewer without first notifying the District of such intent. All openings in or leading to the County sewer line or lines caused by such work shall be sealed watertight and inspected by the District before being backfilled. 3. No person shall fill, backfill over, cover or obstruct access to any sewer manhole. 4. No person shall erect any improvement, structure or building over County sewer lines without prior express written permission to do so by the County's Wastewater Director. 5. Other discharge limitations established to prevent interferences with the operation or performance of the POTWS are specified by the following. Specific Prohibitions. 1. No User shall contribute, cause or suffer, to be contributed, directly or indirectly, any pollutant or wastewater which does or which will interfere with the operation or performance of the POTWS. These general prohibitions apply to all Users of a POTWS whether or not the User is subject to the National Categorical Pretreatment Standards or any other Federal, State, or Local Pretreatment Standards or requirements. A User shall not contribute any of the following substances to any POTWS: 15 ao Any liquid, solid or gas which by reason of their nature or quantity are, or may be, sufficient - alone or by interaction with other substances - to cause fire or explosion or otherwise be injurious in any other way to the POTWS or to the operation of the POTWS. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%), nor shall any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ether, alcohol, ketone, aldehyde, peroxide, chlorate, perchlorate, bromate, carbide, hydride, sulfide and/or any other substance(s) which the County, District, the State or the EPA has notified the User is a hazard to the system. Any solid or viscous substance(s) which may cause obstruction to the flow in the sewer or otherwise cause interference with the operation of any wastewater treatment facility such as, but not limited to, grease, animal gut(s) or tissue(s), paunch manure, bone(s), hair hide(s) or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, wood or metal shavings, grass clippings, rags, spent grains, spent hops, used birth control and/or feminine hygiene product(s), wastepaper, wood, plastic(s), gas, tar, asphalt residue(s), residue(s) from refining or processing of fuel, or lubricating oil, mud, or glass grinding or polishing waste(s), and any garbage particles greater than one-half inch (1/2") in any dimension must be shredded. Waste human blood and blood products are prohibited in the 16 sewer system and shall always be classified and managed as infectious waste and should be treated by sterilization or incineration. After sterilization, the liquid portion can be safely poured off into a drain without violating this Ordinance. Any wastewater having any corrosive properties capable of causing damage or hazard to any structure, equipment, and/or personnel of the POTWS. Any wastewater containing any toxic pollutant(s) in sufficient quantity, either singularly or by interaction with other pollutant(s), to injure or interfere with any wastewater treatment process, constitute a hazard to humans and/or animals, create a toxic effect in any receiving water(s) of the POTWS, or exceed any limitation(s) set forth in the National Categorical Pretreatment Standards. A toxic pollutant shall include, but not be limited to, any pollutant then identified as such pursuant to Section 307(a) of the Clean Water Act of 1977, as now or hereafter amended or superceded from time to time. Any noxious or malodorous liquid(s), gas(es), or solid(s) which either singularly or by interaction with other waste(s) are sufficient to create a public nuisance or a hazard to life, or are sufficient to prevent entry into any sewer for maintenance and/or repair. Any substance which may cause the POTWS effluent or any other product of the POTWS such as residue(s), sludge(s), or scum(s) to be unsuitable for reclamation and/or re-use, or to interfere with the reclamation process. In no instance shall a substance discharged to the POTWS cause the POTWS to be in noncompliance with sludge use and/or disposal criteria, guideline(s) or regulation(s) under 17 Section 405 of the Clean Water Act of 1977 and 40 CFR Part 503, as now or hereafter amended or superceded from time to time; also any criteria, guideline(s), or regulation(s) applicable to sludge use and/or disposal pursuant to the Solid Waste Disposal Act, the Clean Air Act of 1977, the Toxic Substances Control Act, or State of Florida Criteria applicable to the sludge management method being used. Any substance that may cause the POTWS to violate its State of Florida operating permit(s) and/or any receiving water quality standard(s). Any wastewater with objectionable color not removed in or by the treatment process, such as, but not limited to, dye waste(s) and/or vegetable tanning solution(s). Any wastewater having a temperature that will or does inhibit biological activity in the POTWS resulting in interference, and in no instance shall any wastewater have a temperature at the introduction into the POTWS that exceeds 40-°C (104-°F). Any waste or waste containing any fat(s), wax, grease or oil(s), whether emulsified or not, in excess of one hundred (100) mg/L, or containing substances which may solidify or become viscous at temperatures between thirty-two (32°-F) and one hundred four (104-°F) (0°-C and 40-°C). Any pollutant(s), including oxygen demanding pollutant(s) (BCD, etc.) released at a flow rate and/or pollutant concentration which a User knows, or has reason to know, will cause interference in the POTWS. In no instance shall a slug Icad have a flow rate or contain concentration or qualities of pollutant(s) that exceed for any time period longer than fifteen (15) minutes more than five times the 18 no oo po qo average twenty-four (24) hours concentration, quantities, or flow during normal operation. Any wastewater containing any radioactive waste(s) or isotope(s) of such half-life or concentration as may exceed any limit(s) established under then applicable State and/or Federal Regulations. Any garbage that has not been properly shredded (see Section 2, paragraph E, item b.) The installation and operation of any garbage grinder equipment with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Public Utilities Administrator or designee. Any water(s) or waste(s) containing strong acid iron pickling waste(s), or concentrated plating solution(s), whether or not neutralized. Any water(s) or waste(s) containing iron, chromium, copper, zinc, and similar objectionable toxic substance(s) and/or waste(s) exerting an excessive chlorine requirement as defined by the District, to such degree that any such material received in the composite sewage at the sewage treatment works or facility exceeds any limit(s) established by the Public Utilities Administrator for such materials. Any water(s) or waste(s) containing phenol(s) or other taste or odor-producing substance(s), in such concentrations (exceeding any limit(s) established by the Public Utilities Administrator) after treatment of the composite sewage so as to meet all requirements of Florida, Federal and/or other public agency (or agencies) with jurisdiction over any such discharge(s) to percolation ponds, reclaimed water system, or groundwater wells. Material which exert or cause: !780 19 i. Concentration(s) of inert suspended solid(s) (such as, but not limited to, sodium chloride and/or sodium sulfate) differing from that typically found in domestic wastewater. ii. High BOD, chemical oxygen demand, or chlorine requirement(s) in such quantities as to constitute a higher loading than normal wastewater on the sewage treatment workers. iii. High volume of flow or concentration of waste(s) constituting slugs. Water(s) or waste(s) containing substance(s) which are not amenable to treatment or to reduction by the sewage treatment processes then employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet all requirements of other agencies having jurisdiction over discharge to any percolation ponds, reclaimed water system or groundwater wells. Any wastewater, which causes a hazard to human life or creates any public or private nuisance. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Any trucked or hauled pollutants which result in the present of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. Sludges, screenings, or other residues from the pretreatment of industrial wastes. Medical wastes, except as specifically authorized by the Division. 20 Local Limits. 1. Detergents, surface-active agents, or other substances, which may cause excessive foaming in the POTW. All sewage service customers are prohibited at all times discharge the following above their indicated concentrations: a. Cyanide 0.4 mg/L b. Arsenic 0.4 mg/L c. Cadmium 0.10 mg/L d. Total Chromium 0.9 mg/L e. Copper 0.1 mg/L f. Lead 0.2 mg/L g. Mercury 0.03 mg/L h. Nickel 0.9 mg/L i. Silver 0.1 mg/L j. Zinc 0.9 mg/L k. Oil/Grease 100 mg/L I. pH > 5.5 - < 11.0 pH Units to The concentration set forth above shall automatically be deemed to be amended to comply with then applicable Florida and/or Federal regulations because those regulations are hereby deeded to supersede this Ordinance. G. National Categorical Pretreatment Standards. Upon promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede any limitations imposed under this Ordinance. The District (as a courtesy) shall try to notify all affected Users of the applicable reporting requirements under 40 CFR, Section 403.12, as now or hereafter amended or superceded from time to time. 21 Slug Discharges. 1. Each User shall provide the District protection from slug discharge of prohibited materials or other substance(s) regulated by this Ordinance. Facilities to prevent slug discharge of prohibited materials shall be provided and maintained at no cost or expense to the County. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the District for review, and shall be approved by the District before any commencement of construction of the respective facility. Expenses for such review shall be borne by the User and shall be paid in full prior to final approval for the proposed construction. All existing Users shall complete such a plan within one (1) year of the issuance of the respective Discharge Permit. No User who commences contribution to the POTWS after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until slug discharge procedures have been submitted for approval to, and have been approved by, the District. Review and approval of such plans and operating procedures shall not relieve the Industrial User from its responsibility to modify the User's facility as necessary to meet the requirements of this Ordinance. Pretreatment Standards. 1. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve and maintain compliance with all National Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pre-treat wastewater to a level acceptable to the District shall be designed, constructed, operated, and maintained by the User at no expense to the County and require prior approval from the District. 22 2. All records relating to compliance with the referenced Pretreatment Standards shall be in Collier County and shall promptly and at no cost be made available for inspection and/or copying by the County, the District, the State, and/or the EPA. Alternative Discharge Limits. The User(s) may seek, at their expense, modified Categorical Pretreatment Standards by obtaining a removal allowance, using the combined waste stream formula, and/or obtaining a fundamentally different factor variance through the procedures then outlined in 40 CFR, Part 403, as now or hereafter amended or superceded from time to time. Mo Excessive Discharge. No User shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations of the National Categorical Pretreatment Standards, or in any other pollutant-specific limitation of the County, the District, or the State. Pretreatment Facilities. 1. Approval of Pretreatment Facilities. If the District permits the pretreatment or equalization of waste flows, the design and installation of the plant(s) and/or equipment shall be subject to the review and approval of requirements of all then laws. the District, and be subject to all applicable codes, ordinances, and/or 2. Maintenance of Pretreatment Facilities. Where preliminary treatment or flow equalizing facilities are provided for any water(s) or waste(s), they shall be maintained continuously in satisfactory and effective operation County. Fats, Oils and Grease (FOG) Program. 1. by Owner and at no expense to the Use of Interceptors and Grease Traps under the FOG Program. All interceptors and Grease Traps shall be of a type and capacity 23 approved by the District and shall be located as to be readily and easily accessible for planning, cleaning and inspection. The minimum size of interceptors and grease traps shall be in conformance with the Florida Building Code; Sections 1003.1 - 1003.5. Wastewater with large amounts of grease shall not be discharged into the wastewater system and all grease traps shall be maintained in efficient operation at all times by the owner at no expense to the County. The owner shall be responsible for proper removal and/or disposal by appropriate means of captured material, and shall maintain within Collier County written records, the dates, amounts and means of disposal, all of which records are subject to review by the County upon demand. Every hospital, nursing home, jail, cafeteria, grocery store and restaurant (and any other establishment where food is handled or prepared for consumption or distribution) shall maintain all grease traps located on the premises, and all oil separators shall be maintained on a regular basis and must be functioning properly at all times, including but not limited to vehicle maintenance centers (recreational or otherwise), body shop, machine shop and/or any storage and/or use of any petroleum base product(s). The owner and/or operator of a premise or business upon prior notice and at all reasonable times shall make each interceptor, grease trap or oil separator on the property open and available for immediate inspection by the County, and shall promptly provide the County with copies of all receipts for grease removal. Upon completion of an on-site inspection, the inspector may issue a written notice to the facility representative to document any discrepancies, noncompliances, enforcement actions, special instruction(s) or other guidance identified during the compliance evaluation. Each business shall pay a monthly Supplemental Service Charge as established by Resolution of the Board of County Commissioners. 24 Oo The use of any chemical(s) to dissolve grease is not permitted in the wastewater collection system. If grease accumulates in any wastewater collection line(s), the owner or operator shall be billed for all direct and indirect costs and expenses of cleaning such lines and for any other expenses incurred by the County with regard thereto. Fats, Oils and Grease Program. Wastewater containing cooking oil should not be discharged into the wastewater system. Use of Manholes. When required by the District, the Owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable manhole built in accordance with the Collier County Utility Technical Standards Manual together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of all wastes. Such manhole, when required by the District, shall be constructed in accordance with plans approved by the District. The manhole shall be installed by the Owner at no expense to the County. Each such manhole shall be maintained by Owner so as to be safe and accessible at all times. No person shall discharge or cause to be discharged to Collier County's sewer system any water and/or waste which has been removed and transported from any pit, sump, holding tank, septic tank, wastewater treatment facility, industrial facility or any other facility unless expressly authorized by the District in advance and in writing. Such water and/or waste is referred in this Ordinance as "hauled waste." Under no circumstances may hauled hazardous waste, as defined in 40 CFR 261 be discharged to any District facility. Hauled waste of commercial or industrial origin or hauled waste of unusually high strength may be discharged only if the original source of the waste has received expressed prior written approval from the District. Measurements, Tests and Analysis. All measurements, tests, and analyses of the characteristics of waters and wastes to which references ,8O 25 80 is made in this Ordinance shall be determined in accordance with the then latest edition of "Standard Methods for the Examination of Water and Wastewater", published by American Water Works Association, (or its successor in function) and shall be determined at the manhole provided, or upon suitable samples taken at said manholes, shall be carried out by customarily accepted methods in Collier County to reflect the effect of constituents upon sewage works and to determine the existence of hazard(s) to life, limb, and/or property. The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a site or premise is appropriate, or whether a grab sample (or samples) should be taken. Normally, but not always, BCD and total suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls where pH samples are determined from periodic grab samples. Special Arrangements. 1. Nothing in this Ordinance shall prevent any special agreement or arrangement between the District and any industrial concern, whereby an industrial waste (or wastes) of unusual strength and/or character may be accepted by the District for treatment, when, in the judgment of the District, acceptance of same by the District will aid in treatment of such waste(s) by that industrial concern. 2. Determination of Acceptability. In forming the opinion as to the acceptability of the wastes, the District will consider such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other relevant factors. State Requirements; Federal Requirements. State requirements and limitations shall supersede this Ordinance if more restrictive than this Ordinance, and if Federal requirement(s) supersede the State 26 Requirement(s), the Federal requirement(s) shall control unless the Federal requirement provides otherwise. County's and District's Right of Revision. The County and District reserve the right to establish by Ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this Ordinance. SECTION THREE: Reporting Requirements. A. Baseline Report. 1. Within one hundred and eighty (180) days after the effective date of a Categorical Pretreatment Standard, all Industrial Users subject to National Categorical Pretreatment Standards shall deliver to the District a written report containing not less than the following information: (a) The name and address of the facility including the name of the operator and all Owners of five or greater percent of the entity; (b) A list of any environmental control permits held by (or for) the facility; (c) A brief (but complete) description of the nature, average rate of production and Standard Industrial Classification of the operations. This description must include a schematic diagram of points of discharge to the POTWS from regulated processes; (d) The measured maximum single day flow, peak one (1) hour flow, and the average daily flow from each process stream, in gallons per day; (e) The Pretreatment Standards applicable to each regulated process. The User shall deliver to the County the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from 27 each process. These samples shall be representative of daily operations and include both maximum and average daily concentration. Where feasible, samples must be obtained through flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite sampling is not feasible, a grab sample may be accepted. Where stream flow is less than or equal to two hundred and fifty thousand (250,000) gallons per day, the user must take three (3) samples within a (2) two-week period. Where stream flow is greater than two hundred and fifty thousand (250,000) gallons per day, the User must take six (6) samples within a (2) two-week period. Samples should whenever possible be taken immediately downstream from the regulated process if no pretreatment exists. Sampling and analysis shall be performed in accordance with the techniques then prescribed in 40 CFR Part 136, or then existing amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Public Utilities Administrator determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods, as approved by the Environmental Protection Agency Administrator. The District may allow the submission of a baseline report, which utilizes only historical data if that data provides information is sufficient to determine the need for pretreatment measures. The baseline report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analyses 8C 28 (f) Categorical Pretreatment Pretreatment Requirements. Compliance Schedule Reports. is representative of normal work cycles and expected pollutant discharges to the POTWS; and A statement reviewed and signed by an authorized representative of the Industrial User and certified by a qualified professional engineer indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required to the industrial user to meet the National Standards and associated The District shall require Industrial Users to develop compliance schedules required to meet National Categorical Pretreatment Standards. The proposed compliance schedule shall be submitted to the District for review and approval. This schedule shall be the time limits required for industrial users to provide additional pretreatment and/or operation and maintenance in order to meet these pretreatment standards. The completion date of this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard. 2. The schedule shall contain increments of progress in the form of specific dates for completion of major events leading to the construction and operation of required pretreatment facilities necessary for the Industrial User to meet the applicable National Categorical Pretreatment Standards. schedule shall exceed nine (9) months. No increment of such No later, than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the District including whether or not it complied with the r8C 29 Oo increments of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and measures being taken to return to the schedule established. 90-day Compliance Report. 1. An Industrial User then subject to the National Categorical Pretreatment standards and associated Pretreatment Requirements will submit to the District within ninety (90) days following the date for final compliance with said Pretreatment Standards and Requirements, or in the case of a new connector following commencement of wastewater discharge to the POTWS, a report indicating the nature and concentration, as well as the maximum single day, peak one hour and average daily flow, of all pollutants limited by said Pretreatment Standards and associated Pretreatment Requirements being discharged to the POTWS. 2. This report must indicate whether the applicable National Categorical Pretreatment Standards and associated Requirements are being met on a consistent basis, and if not, what additional operation and maintenance procedures and/or pretreatment have been (or will be) implemented to bring the user into compliance with the then applicable National Categorical Pretreatment Standards and associated Pretreatment Requirements. This statement must be signed by an authorized representative of the industrial user and must be certified by a qualified engineering professional. Periodic Compliance Reports. 1. A User then subject to the National Categorical Pretreatment Standards and associated Pretreatment Requirements must submit to the District during the months of June and December, unless required more frequently in said Pretreatment Standards 8C 30 or by the District, a written report indicating the nature and concentration of pollutants in the effluent that are limited by the referenced Pretreatment Standards. In addition, this report must include a record of the maximum single day and average daily flows being discharged during the repoding period. 2. At the discretion of the District and in consideration of such factors as local high or Iow flow rates, holiday, budget cycles, etc., the District may decide to alter the months during which the compliance reports are to be submitted by the particular User. These reports shall be signed by an authorized representative of the Industrial User prior to submittal. The District may impose quantum limitations on Users in order to meet the applicable National associated Pretreatment Categorical Pretreatment Standards and Requirements, or in other cases where the imposition of quantum limitations are appropriate in the judgment of the District. In each such case, the compliance report must indicate the quantity of pollutants regulated by said Pretreatment Standards to be discharged by the User. These reports must contain the results of sampling and analyses of the discharge, and must include a record of the flow, nature and concentration, or quantity in pounds where requested by the District of pollutants contained therein which are limited by the applicable Pretreatment Standards and associated Pretreatment Requirements. The frequency of monitoring will be prescribed in the referenced Pretreatment Standards. All analysis will be preformed in accordance with the procedures established by the EPA Administrator pursuant to Section 304(g) of the Clean Water Act of 1977 and contained in 40 CFR, Part 136 and then existing amendments thereto, or with any other applicable and relevant test procedures approved by the EPA Administrator. Sampling will be performed in accordance with the techniques approved by the EPA Administrator. Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant 8C 31 in question, sampling and analyses will be performed in accordance with the procedures set forth in the then current EPA publication entitled "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants" dated April, 1977, and then existing amendments analytical procedures then thereto, or with any other sampling and approved by the EPA Administrator. Notice of Potential Problems. 1. In the case of a slug discharge, the User must immediately telephone and notify the POTWS of the details of the incident, including the exact location of the discharge, type(s) of waste(s), concentration(s) and volume(s), and corrective action(s). The amount of information must be sufficient to enable the District to be able to evaluate the severity of the incident. Within five (5) working days following a slug discharge, the User shall deliver to the District a detailed written report describing the cause of the discharge and all measures taken (to be taken) by or on behalf of the User to prevent any and all future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTWS, fish kills or any other damage to person and/or property; nor shall such notification relieve the User of any fines, civil penalties and/or other liability, duty or responsibility which may be imposed by this Ordinance and/or by any other applicable rule, regulation and/or law. A notice shall be permanently posted on the User's bulletin board or other prominent place advising its employees who to call in the event of a dangerous discharge. All employers shall ensure that all of its respective employees who may cause or suffer such a dangerous discharge to occur are aware of the emergency notification procedure. 32 Noncompliance Notification. User must notify the POTW within twenty- four (24) hours of becoming aware of any violation of this Ordinance or any potential problems, which may occur due to the user's discharge. Periodic Compliance Report for Industrial Users not subject to National Categorical Standards. User must provide the POTW with the most current information on the User's discharge. This report will be submitted twice a year on dates provided by the District. Notification of Changed Discharge. User must notify the POTW of any anticipated changes in wastewater characteristics and/or flow, which may affect treatment. Notification of Hazardous Wastes Discharge. commencement of a discharge, User must Within 180 days after notify the POTW, the USEPA, and the State of Florida of hazardous wastes per 40 CFR Part 261. Notice of Upset. Within twenty-four (24) hours of becoming aware of an upset condition, User must notify POTW of unintentional and temporary noncompliance with categorical standards, and within five (5) working days a written submission including the following information is required: 1. Description of discharge and cause of noncompliance. 2. Period of noncompliance. Include dates and times. If upset is not corrected included anticipated duration. 3. Measures take to reduce, eliminate and prevent recurrence of noncompliance. Notice of Bypass 1. User must notify the POTW of noncompliance and potential problems, which may occur due to a bypass condition. 2. Notice must be received ten (10) days prior to the date of the bypass. 3. If bypass is unplanned, oral notice must be received with 24 hours of User becoming aware of bypass. A written notification must follow within five (5) days. 33 SECTION FOUR: Monitoring and Inspections. Monitoring Facilities. The District shall require construction, operation and maintenance, at no expense to the County, of monitoring facilities to allow inspection of the building sewer and/or internal drainage systems, and sampling and flow measurement of the waste being discharged to the POTWS. Appropriate valves shall be included in design and construction of such facilities to immediately and effectively halt discharges under situations described by Section Two of this Ordinance. The monitoring facility should normally be situated on the User's premises, but when such a location would be impractical or cause undue hardship to the User, the District may, if feasible, permit the monitoring facility to be constructed in public right-of-way and be located so that it would not be obstructed by landscaping or parked vehicles. Ample room shall be provided in the area of such sampling manhole or facility to allow accurate sampling and preparation of sampling for analyses. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at no expense to the County. Whether constructed on public or private property, the sampling and monitoring facility shall be constructed in accordance with the District's requirements and all applicable local construction standards and/or specifications. Inspection and Sampling. The District shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and that all requirements are being complied with. Persons or occupants of the premises where wastewater is being generated and/or discharged to the POTWS shall allow the representative of the District, the State, or the EPA, immediate, free and ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and/or records duplication, or otherwise in the performance of any of their duties. The County (District), the State, and the EPA shall have the right to set up on the 34 Co ,8O User's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. In instances where a User has security measures in force which would require proper identification and clearance before entry into the premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from Collier County/District, the State, and/or the EPA shall be permitted to enter, freely and without delay, for the purposes of performing their work. Powers and Authority of Inspectors. 1. Duly authorized employees of the County/District bearing proper credentials and identification shall be admitted to all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the sewer system in accordance with this Ordinance. 2. While performing work on private properties referred to herein, the authorized employees of the District shall observe all safety rules applicable to the premises as established by the Owner. 3. Duly authorized employees of the District bearing proper credentials and identification shall be permitted to freely and immediately enter all private properties through which the District holds an easement for the purpose of, but not limited to, inspections, observation, measurement, sampling, repair and/or maintenance of any portion of the wastewater facilities lying within said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 4. Duly authorized employees of the County/District shall provide notice to any violator(s) that the violator has committed a violation of this Ordinance (including rules and regulations incorporated herein by reference) and shall establish a reasonable time period 35 within which the violator must correct violation(s) that are curable or correctable. Such time period shall generally be no more than thirty (30) days. If, upon personal investigation, an inspector finds that the violator has not corrected the violation within the case specific specified time period for compliance, an inspector may issue a citation to the violator. An inspector does not have to provide the violator with a reasonable time period to correct the violation if the inspector has reason to believe that the violation presents a serious threat to the public health, safety, and/or welfare, or if the violation is irreparable or irreversible. SECTION FIVE: Violation and Penalties. A. Violations. Notice of Violation, Consent Orders, Show Cause Hearing (a) When the District finds that a user has violated, or continues to violate, any provision of this Ordinance, or order hereunder, or any pretreatment standard or other requirement ("Noncompliance"), the District may serve upon that User a written Notice of Violation in person, or by facsimile, by certified mail or by any lawful means of service. Within ten (10) work days of receipt of this notice, the User shall deliver to the District a written detailed plan for satisfactory correction of all noticed violations and for prevention of further recurrences thereof. Submission of this plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the District to take action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (b) The District may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents must include specific action to be taken by the User 36 (c) to correct the noncompliance within a time period specified by the document. Such documents shall be judicially enforceable. The District may order a User who has received a notice of violation to appear before the District and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) work days prior to the hearing. Such notice may be served on any authorized representative of the User. A show cause hearing shall not be a bar against, or prerequisite to, taking any other action against the User. Should any violation of any condition of this Ordinance occur, User will be subject to the penalties described in subparagraph B of this Section. Upset (a) An upset does not constitute noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) An upset shall provide an affirmative defense to noncompliance provided that proper notification and documentation are demonstrated. User must demonstrate that the facility was being properly maintained and operated at the time of upset. Temporary Bypass (a) Bypass that does not User may allow any Temporary violate pretreatment standards. 37 (b) Temporary Bypass which violates pretreatment standards is prohibited unless it was necessary to prevent loss of life, personal injury, or severe property damage. (c) User must provide the District prompt written notification of justification for any such Temporary Bypass within twenty four (24) hours of occurrence. Penalties. 1. When the District determines that a User(s) is contributing to the POTWS, any of the prohibited discharges in such amount(s), which do (or which threaten to) interfere with the operation of the POTWS, or may present an endangerment to the environment, the District has authority to immediately halt or immediately prevent any such discharge(s) to the POTWS. The District shall provide the User notice of this action in accordance with Section 5, paragraph F of this Ordinance. 2. Subsequent to such notice, the District may allow the User up to thirty (30) days to deliver a response, which response must include the cause of the discharge and all corrective measures taken or to be taken. Wastewater service shall not be resumed until all such corrective measure(s) as needed have been undertaken to eliminate all threats of interference and/or endangerment to the environment. 3. Following this specified response period in the specific instance, the District, as it determines necessary, shall begin development of effluent limitation(s) and a compliance schedule for such User to correct all interference(s) with the POTWS. 4. Any person who fails or refuses to obey or comply with or violates any provision of this Ordinance may be prosecuted in the same manner as misdemeanors are prosecuted. Such person upon conviction of such offense shall be punished by a fine (as specified herein) for each violation, or by imprisonment not to 38 exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Pursuant to the authority of Chapter 162.09, Florida Statutes, the fine is not to exceed one thousand dollars ($1,000) per day per violation for a first violation, five thousand dollars ($5,000) per day for a repeat violation. In determining the amount of the fine, if any, the trier of fact may consider the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by that violator. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non- compliance may be considered as a separate offense. All expenses incurred by the County in regulating the incident, will be paid by the offending User(s). Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. Furthermore, enforcement in Court shall not prevent referral of the violation to any Code Enforcement Board. In addition, if the violator is within the jurisdiction of the Collier County Water/Wastewater Authority, the matter may also be referred for enforcement to that Authority. If the violator is a tenant, licensee or use permittee of the Collier County Airport Authority, such violation shall also be a violation of the respective lease, license or use agreement. 8O 39 Oo 7. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and District, and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. 8. All aspects of Sections 1-6 of the Collier County Code of Laws and Ordinance also apply to this Ordinance. Authority to Disconnect Service. The District may terminate water and wastewater disposal services and disconnect a User from the system when: 1. Acid(s) or chemical(s) damaging to the sewer lines or the treatment process are released into the sewer causing rapid or greater then normal deterioration of these structures, or interfering with proper conveyance and/or treatment of wastewater; or A governmental agency informs the District that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a percolation pond, reclaimed water system or groundwater well, or it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as normal domestic treatment; or The User discharges industrial waste or wastewater that is in violation of the permit issued by the District; or The User discharges wastewater at an uncontrollable, variable rate, in sufficient quantity to cause an imbalance in the wastewater treatment systems; or The User fails to pay a monthly bill for water or sanitary sewer services when due, or The User repeats a discharge of prohibited waste(s) into public sewer. 40 Reasonable Service Conditions. 1. The District reserves the right to refuse to provide, or to cease providing, water and/or wastewater services to any connector for any good reason(s) which shall include, but not be limited to, use of water or contribution of wastewater in such manner or form as to be injurious or detrimental to the general welfare of the system, its customers, or the community. The District may require that pretreatment flow regulations or other remedial, preventive, or corrective facilities be installed (at no expense to the County) when the situation warrants provision and use of such facilities. 2. The District is authorized to immediately halt and/or immediately eliminate upon notice to the User in accord with Section 5, paragraph E of this Ordinance, any actual or threatened discharge of pollutants to the POTWS, which does present (or may present) an imminent or substantial endangerment to the health or welfare of any person or any animal. Suspension of Services. 1. The District may suspend the wastewater treatment service and/or effluent permit when such suspension is deemed to be necessary, in the opinion of the District, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTWS or causes the District to violate any condition of its FDEP Permit. 2. Any person notified of a suspension of the wastewater treatment service and/or the effluent permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the District shall take such steps as by the District are deemed to be necessary, including initiation of legal action by the County Attorney and immediate severance of the sewer connection, to prevent or 41 Fo minimize damage to the POTWS system or endangerment to any individuals. Absent other compelling reason(s) not to do so, the District shall reinstate the effluent permit and/or the wastewater treatment service upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the User describing the cause(s) of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the District within fifteen (15) calendar days of the date of occurrence. Revocation of Permit. 1. Any User who violates any of the following conditions of this Ordinance or applicable State and Federal regulations, is subject to having its permit revoked in accordance with the following procedures: 2. Failure of a User to report factually the wastewater constituents and characteristics of his discharge. (a) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics. (b) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (c) Violation of conditions of the permit. Notice of Disconnection, Suspension, Revocation. The District shall attempt to notify User in writing prior to disconnecting, spending or revoking User's service or permit. Said notice should inform User of the sections of this Ordinance being violated, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice may result in disconnection, suspending or revoking User's service or permit. However, in emergency situations the District may disconnect, suspend or revoke User's service or permit prior to notification. User will, whenever 42 possible, be notified as soon as is reasonably possible after said action is taken. SECTION SiX: A. Confidentiality, Public Records Law. Confidential Information. 1. Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the specifically requests confidentiality and satisfaction of the County Attorney user demonstrates to the that the requested confidentiality is lawful applying the public records laws of the State of Florida, which are as of the effective date of this Ordinance is Chapter 119, Florida Statutes. 2. When requested by the User furnishing a report, portions of said report, if any, which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to the government agencies for uses related to this Section, the State disposal permitting system and/or the State and Federal pretreatment programs provided, however, that such portions of a report shall be available for use by the State or other State agencies in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Notwithstanding any of the provisions of this Section, nothing shall be construed to imply that the County can or will violate any public records laws or any United States Government or Federal Act or Law, requiring disclosure of public records or otherwise. Any release of information or disclosure made by the County (including the District) in compliance with any such law(s) renders the County immune from any cause or claims based on any release of any such information. 43 SECTION SEVEN: Service Charge and Fees. A. The Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer Charges as set forth District hereby adopts the Rates, Fees, and in Schedule 1; inclusive, appended hereto as Appendix A, which shall be imposed upon all Users of the Collier County Water-Sewer District services within the District boundaries and outside the District boundaries subject to appropriate mutual agreements. These rates, fees, and charges may be changed from time to time by Resolutions of the Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District, provided the Board holds an advertised public hearing with regard to the Schedule amendments. The hearing may be placed on the Board's Summary Agenda and remain there for final action of the Board if no one removes the matter from that part of the agenda. Charges and Fees. 1. The District may adopt charges and fees which may include but are not limited to: (a) Fees for reimbursement of costs of setting up and operating the District's pretreatment program; (b) Fee for monitoring, inspection and surveillance procedures; (c) Fee for reviewing accidental discharge procedures and construction; (d) Fees for permit applications; (e) Fees for filing appeals; (f) Fees for consistent removal (by the District) of pollutants otherwise subject to Federal Pretreatment Standards; (g) Amount of effluent bond; (h) Fees for special arrangements; and (i) Other fees as the District may deem necessary to carry out the requirements contained herein. 44 2. Wastewater system Users determined by the County to be included in the "FOG" (Fats, Oil and Grease) Program shall pay a monthly Supplemental Service Charge to be established by Resolution of the Board of County Commissioners. These charges are to pay for additional services required to monitor wastes being discharged by such Users. This charge shall be separate and distinct from the excess strength sewage service charge. This Supplemental Service Charge will be levied to cover costs for: (a) Monitoring, inspections and surveillance procedures; (b) Collection and analyses of wastewater samples; (c) Collection and evaluation of monitoring data; (d) Equipment servicing by an independent service company; and (e) Other requirements deemed necessary to implement the pretreatment program as delineated in this Ordinance. These fees are related solely to the matters covered by this Ordinance and are separate from all other fees chargeable by the District. SECTION EIGHT: Liberal Construction; Declaration of Exclusions from the Administrative Procedures Act. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and convenience. No part of any administrative procedures law(s), rules and/or regulations applies to this Ordinance. The laws, rules and regulations that will apply will be those of the forum to which the matter is referred for enforcement. SECTION NINE- Conflict and Severability. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent 45 provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION TEN - Inclusion in the Code of Laws and Ordinances. The provisions of this Article shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION ELEVEN - Effective Date. This Ordinance shall become effective upon being filed with the Department of State, but the revised rates shall not go into effect until the 1st day of June, 2003. PASSED AND DULY adopted by the Board of County Commissioners as Ex- officio Board of the Collier County Water-Sewer District this 22.nc[ day of ~P~ , 2003. ATTESTED CLERK . ,?%' · ........ ,,. . ,;. -.,.~ , ,,:.:'.. ¢_ Approved.as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONE, RS, OF",,,,,, COLLIER COUNTY, FLORIDA AS :.""ii :.'.:?~;'~: '-... :'",, EX-OFFICIO ~IC)ARD 9f THE COl"LIER COUNTY ER-S R DISTI~IicT By: T '~:. ' '. q-27..-03 "'-, 46 8C COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM REGULATIONS FOR DIRECT APPENDIX A - SCHEDULE 1 The Sewer Surcharge is a mechanism to recover costs incurred when treating high strength wastes discharged by some industrial and commercial users to the wastewater system. These additional funds are needed to cover the cost of operations and maintenance at the Publicly Owned Treatment Works (POTW) and laboratory. A. Rates For Excess Strength Wastewater A customer discharging excess strength wastewater into the County's wastewater system shall be assessed a laboratory charge based on the cost of collecting and analyzing samples used to determine the strength and characteristics of the waste. Where automatic sampling equipment is required by the County or requested by the customer and such equipment is owned and/or maintained by the County, a monthly sampling charge shall be assessed based on the cost to the County of operation and maintenance of the equipment plus customer must be responsible for security sampler. A customer discharging excess strength wastewater system shall be assessed wastewater charges in addition to excess calculated according to the following formula: depreciation. The of the automatic waste into the normal strength strength charges Excess Strength Fee ($) =[Y/X - 1] x [Z] x [0.5 x A] Y = Measured concentration of wastewater constituent. X = Concentration of constituent in normal strength wastewater. Z = Thousands of gallons of excess strength wastewater discharged into the County's wastewater system. A = Normal strength wastewater rate per thousand gallons. Excess strength charges shall be applicable only to the following conventional constituents: COD, Total Suspended Solids and Total Kjeldahl Nitrogen. When COD is indicative of the excess wastewater strength, it shall be the preferred measurement parameter. Where the wastewater contains no more than one excess strength constituent, the charge shall be based on the constituent, which results in the greatest charge. 47 WASTEWATER PRETREATMENT PROGRAM APPENDIX B - SCHEDULE OF FEES, RATES AND CHARGES 8C ITEM CHARGE Industrial User Permit Application Fee (based on 7-man hours $155.00 per permit) Industrial User Amended Permit Application Fee (based on 5 man hours per permit $110.00 Industrial User Permit Fee Discharge in gallons per day 0- $ 300.00 24,999 Industrial User Permit Fee Discharge in gallons per day 25,000- $ 450.00 49,999 Industrial User Permit Fee Discharge in gallons per day 50,000- $ 600.00 99,999 Industrial User Permit Fee Discharge in gallons per day greater $ 750.00 than or equal to 100,000 per day Review of accidental discharge procedures and construction $ 65.00 (based on 3 man-hours per review) *Monthly Supplemental Service Charge (FOG) Program $12.00 Establishments **Total Suspended Solids Analysis (TSS) $15.00 ** Total Kjeldahl Nitrogen (TKN) $15.00 **Chemical Oxygen Demand Analysis (COD) $15.00 Industrial User Inspection $ 75.00 Automatic Sampler Usage Fee Per Day $ 40.00 *Monthly Supplemental Service Charge For Establishments that fall under the Fats, Oil and Grease Program (FOG). Charges are based on two inspections annually, sampling and analysis of COD and TSS and report preparation. ** The cost of any laboratory analysis expenses incurred by the Collier County Wastewater Department for purposes of an individual user with the Sewer Use Ordinance shall be charged to the user, who shall reimburse the County promptly upon receipt of said charge. This charge is subject to increase or decrease according to the prevailing average cost per test. 48 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-18 Which was adopted by the Board of County Commissioners on the 22nd day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April, 2003. Clerk of Court~.s. and Clerk Ex- of ficio"to ..B6ard of Count:¥'-'" .~.~i ~.~ne rs ' '~,t~ ...... %~ · .. RESOLUTI'ON NO. 2003-158 A RESOLUTXON OF THE BOARD OF COUNTY COMMXSS?ONERS TO REAPPOINT BARBARA MI~NCH ROSENBERG TO THE COLLTER COUNTY EDUCATIONAL FACILITXES AUTHORITY. WHEREAS, on March 23, 1999, the Board of County Commissioners adopted Resolution No. 99-177 authorizing a Educational Facilities Authority for Collier County; and WHEREAS, the Authority is composed of five (5) members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Barbara Minch Rosenberg is hereby reappointed to the Collier County Educational Facilities Authority for a five year term, said term to expire on April 23, 2008. This Resolution adopted after motion, second and majority vote. DATED: April 22, 2003 DW.~;HT E. BROCI~,Clerk I~'t~t ms t~ C~mtrmmn's BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: County Attorney DCW/kn: h;public;kay;advisoryboards RESOLUT:[ON NO. 2003-159 A RESOLUTTON OF THE BOARD OF COUNTY COMMISSTONERS TO REAPPOINT DR. 3OAN COLFER TO THE COLLTER COUNTY HEALTH FACTLTTTES AUTHORTTY. 9B WHEREAS, in accordance with Chapter 154, F/or/da Statutes, the Board of County Commissioners of Collier County created the Collier County Health Facilities Authority (the "Authority") by Ordinance No. 79-95 on November 20, 1979; and WHEREAS, Ordinance No. 79-95 provides that five (5) members shall be appointed to the Authority; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Collier County Health Facilities Authority has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Dr. loan M. Colfer is hereby reappointed to the Collier County Health Facilities Authority for a 4 year term, said term to expire on March 27, 2007. 2. This Resolution shall constitute a Certificate of Appointment and shall be filed with the Clerk of the Circuit Court as provided by law. This Resolution adopted after motion, second and majority vote. DATED: April 22, 2003 ATTEST: DWIGHT E. BROCK, Clerk ~ Attest ,s'to Chltrmal's Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel County Attorney DCW/kn: h; public; kay; advisoryboards RESOLUTI'ON NO. 2003-160 A RESOLUTTON OF THE BOARD OF COUNTY COMHISSI'ONERS TO APPO?NT AND REAPPOINT MEHBERS TO THE HOUSING FI'NANCE AUTHORI'TY OF COLLIER COUNTY, FLOR?DA WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 80-66 creating the Housing Finance Authority of Collier County, Florida, pursuant to Chapter 159, Part IV, Florida Statutes; and WHEREAS, Ordinance No. 80-66 provides that the Housing Finance Authority of Collier County, Florida shall be composed of five (5) members; and WHEREAS, there are currently two vacancies on this board and one member's term will expire this year, creating a third vacancy; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Housing Finance Authority of Collier County has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE ~T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Suzanne Bradach is hereby appointed to the Housing Finance Authority of Collier County, Florida, to fulfill the remainder of the vacant term, said term to expire on June 25, 2007. 2. Gary D. Lind is hereby reappointed to the Housing Finance Authority of Collier County, Florida, for a 4 year term, said term to expire on June 25, 2007. This Resolution adopted after motion, second and majority vote. DATED: April 22, 2003 Al-rEST: DWIGHT E. BROCK, Clerk · gtest ,s to~ ~ijrman'~ Approved as to form and le§al suffidency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, (~hairman ~" David C. Weigel County Attorney DCW/kn:h;public;kay;advisoryboards RESOLUTI'ON NO. 2003-161 A RESOLUTI'ON OF THE BOARD OF COUNTY COMMI'SSI'ONERS TO REAPPOZNT MEMBERS TO THE COLLZER COUNTY ZNDUSTR]~AL DEVELOPMENT AUTHORZTY WHEREAS, the Board of County Commissioners of Collier County adopted Resolution No. 79-34, creating the Collier County Industrial Development Authority pursuant to the authority of Chapter 159, Part III, Florida Statutes; and WHEREAS, the Collier County Industrial Development Authority is composed of five (5) members with four-year terms; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Board of County Commissioners received a memorandum from the Industrial Development Authority, advising Collier County of the vacancies and the desire for reappointment members to this board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Barbara Minch Rosengerg is hereby reappointed to the Collier County Industrial Development Authority for a four year term, said term to expire on April 13, 2007. 2. John R. Humphrey is hereby reappointed to the Collier County Industrial Development Authority for a four year term, said term to expire on April 13, 2007. This Resolution adopted after motion, second and majority vote. DATED: April 22, 2003 All'EST: DWIGHT E. BROCK, Clerk : stgnature~nl,~. ApprovOd as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairman ir David C. Weigel County Attorney DCW/kn :h;public;kay;advisoryboards RESOLUT:ION NO. 2003-162 A RESOLUT:ION OF THE BOARD OF COUNTY COMM:ISS]:ONERS TO REAPPO:INT MEMBERS TO THE COLL:IER COUNTY WATER AND WASTEWATER AUTHOR:ITY 9E WHEREAS, Collier County Ordinance No. 96-6, created the Collier County Water and Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be composed of five (5) members appointed by the Board of County Commissioners; and WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority shall be technical members and two (2) members of the Authority shall be lay members; and WHEREAS, there are currently vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Dr. Fay R. Biles is hereby reappointed under the Lay Member category to the Collier County Water and Wastewater Authority for a 4 year term, said term to expire on May 21, 2007. 2. W.]. ".lack" Markel is hereby reappointed under the Technical category to the Collier County Water and Wastewater Authority for a four year term, said term to expire on May 21, 2007. This Resolution adopted after motion, second and majority vote. DATED: April 22, 2003 ATTEST: DWIGHT E. BROCK, Clerk ~ as to~Che1~aan's ~tgnature on~.~.' Approve~:ps t,p fo_r~n and legal suffiCi'~incy! ~' David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM'H~NNING, Cl~airman - ~ DCW/kn: h; public;kay;advisoryboards RESOLUT:ION NO. 2003-163 A RESOLUT]:ON OF THE BOARD OF COUNTY COMM:ISS:IONERS OF COLL:IER COUNTY TO APPO:INT DONALD SPAN:IER TO THE PELI'CAN BAY MUN:IC:IPAL SERVI'CES TAXI'NG AND BENEF:IT UN:IT ADV:ISORY COMM:I'n'EE. WHEREAS, Collier County Ordinance No. 2002-27 established the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee and provides that the Committee shall consist of nine (9) members with a residential interest within the Unit and two (2) members with commercial/business or other interests who are residents of Collier County; and WHEREAS, members of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee are selected by ballot from the residents of the Unit. WHEREAS, the is currently a vacancy on this Committee for a member with residential interest; and WHEREAS, Donald Spanier, resident, was elected as the next qualified candidate to serve on the Pelican Bay Municipal Service Taxing and Benefit Unit pursuant to the ballot results of March 7, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Donald Spanier, resident, is hereby appointed to the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee to fulfill the remainder of the vacant term, said term to expire on IVlarch 31, 2007. This Resolution adopted after motion, second and unanimous vote. DATED: April 22, 2003 A-I-I'EST: DWIGHT E. BROCK, Clerk ApProv~d~s to form ar~i David C. Weigel ' g:2 County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, ~hairman ~ DCW/kn :h;public;kay;advisoryboards Approved as to form and legal sufficiency: David C. Weigel ~ County Attorney CRA RESOLUTTON NO. 2003-164 A RESOLUT]:ON OF THE BOARD OF COUNTY COMM~SS]:ONERS SERV]:NG AS THE COMMUN]:TY REDEVELOPMENT AGENCY OF COLL]:ER COUNTY, FLORIDA TO APPO]:NT AND REAPPO]:NT MEMBERS TO THE BAYSHORE/GATEWAY TR]:ANGLE LOCAL REDEVELOPI~ ENT ADV]:SORY BOARD WHEREAS, on March 27, 2001, the Community Redevelopment Agency of Collier County, Florida, adopted CRA Resolution No. 2001-98, establishing the Bayshore/Gateway Triangle Local Redevelopment Advisory Board; and WHEREAS, CRA Resolution No. 2001-98 adopted bylaws for the Bayshore/Gateway Triangle Local Redevelopment Advisory Board, which provided that this board shall consist of seven (7) members to be appointed by the Community Redevelopment Agency; and WHEREAS, there is currently a vacancy and the term of 4 members will expire, creating a total of 5 vacancies on this Board; and WHEREAS, public notice was solicited for applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with is recommendations for appointment. NOW, THEREFORE, BE iT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLOR[DA, that: 1. Bruce Babbitt, Resident, is hereby appointed to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board to fulfill the remainder of the vacant term, said term to expire on Nay 22, 2004. 2. Bill L. Neal, MSTU Representative, is hereby reappointed to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to expire on IVlay 22, 2004. 3. Sharon D. King, Business Owner is hereby reappointed to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to expire on IVlay 22, 2004. 4. Ronald A. Fowle, Tamiami Trail Business Owner, is hereby reappointed to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board for a 2 year term, said term to expire on Nay 22, 2004. This Resolution adopted after motion, second and majority vote. DATED: April 22, 2003 A'I-I'EST:, ,~,~,~'~,',~t ~,. BOARD OF COUNTY COMM[SSTONERS DWTGI-t~'~,DR~;i~.Clerk TN iTS CAPAC]TY AS THE COMIVlUN1TY .~ ,~ ..: ..~ ~,.~ .. , REDEVELOPHENT AGENCY OF COLLTER * ~.. ,;~,, *, ~'~.':* COUNTY, FLORIDA: I~ '~.,~,,..~'~ltl'lllll $ FRED W. COYLE, Chairman ~/ '"'-'q RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISS?ONERS TO EXTEND THE TERM OF THE COMMUNITY CHARACTER/ SMART GROWTH ADVISORY COMMITTEE. WHEREAS, on June 26, 2001, the Board of County Commissioners adopted Ordinance No. 2001-41, creating the Community Character/Smart Growth Advisory Committee as an ad hoc advisory whose term shall expire within a year; and WHEREAS, Section Six of Collier County Ordinance No. 2001-41 provides that the Board, by Resolution, can extend the term of this Committee; and WHEREAS, the Board of County Commissioners desires to extend the term of this Committee for a year. NOW, THEREFORE, BE ~ RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the term of membership of the Community Character/Smart Growth Advisory Committee is hereby extended for one year, said term to expire on June 26, 2004. This Resolution adopted after motion, second and majority vote. DATED: ~- ,P--,~' '~,~ A-I-FEST: DWIGHT E. BROCK, Clerk -Attest as to '~,stgnature ofll$. Approved. aS' to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel /-~ County Attorney DCW/kn:h;public;kay;advisoryboards 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 April 24, 2003 Donna Fiala District 1 Frank Halas District 2 Tom Henning Distdct 3 Fred W. Coyle District 4 Jim Coletta District 5 Brian D. Mauriello, Business Development Manager Jacobs Vehicle Systems 22 East Dudley Town Road Bloomfield, CT 06002USA Re: Request for Assistance Dear Mr. Mauriello: Your recent message to Frank Halas, Commissioner,~ District 2, offering assistance in educating the local trucking community about the proper use of engine brakes has been forwarded to the other County Commissioners. You are correct in your surmise that we are struggling with the issue of improper use of these devices and the impact of excessive noise on the adjacent residential communities. Although Florida law mandates the installation of OEM mufflers on all motor vehicles, we believe that there are a number of local truck owners and operators that have let their muffers deteriorate to the point of being ineffective or that have altered the muffler in the mistake belief that such alterations will increase gas mileage or power for the vehicle. We would appreciate any direct assistance Jacobs Vehicle Systems could provide to Collier County in the way of education and inspection. ~m Henning, Chairman Commissioner District 3 cc; The Collier County Board of Commissioners James V. Mudd, County Manager Norman E. Feder, AICP, Transportation Administrator File: Tmcks (Engine Brakes) 3301 East Tamiami Trail · Naples, Florida 34112 ~ 4977 (239) 774-8097 · Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Sergeant Tim May Commercial Vehicle Law Enforcement Motor Carrier Compliance Office 2295 Victoria Avenue, Suite 170 Fort Myers, FL 33901 Re: April 23, 2003 Safety Inspection for Trucks in Collier County Dear Sergeant May: On behalf of the Collier County Board of County Commissioners I would like to invite you and your enforcement team to visit Collier County to ~ssist us in keeping our roadway network safe. Throughout Collier County we have many thousands of heavy truck trips by hundreds of different types of trucks. Many of these trucks appear to lack all of the necessary safety equipment, including adequate braking systems and adequate mufflers to assure that legal noise limits will not be exceeded. Collier County does not have sufficient resources to provide consistent, effective enforcement and we must rely on the Motor Vehicle Compliance Office for assistance in this endeavor. We look forward to seeing you and your enforcement team around Collier County in the near future. Please let us know what we can do to assist you. CC: The Collier County Board of Commissioners James V. Mudd, County Manager Norman E. Feder, AICP, Transportation Administrator File: DHSMV (MCCO) TO: FROM: SUBJECT: DATE: CC: MEMORANDUM TRISH MORGAN MINUTES & RECORDS DEPARTMENT LORA WAGNER TDC CONTRACTS COORDINATOR, PUED CERTIFICATE OF INSURANCE - LOWDERMILK PARK CONCESSION/PAVILLION/RESTROOMS 10/17/2003 JACK WERT, TOURISM DIRECTOR Enclosed please find the Certificate of Insurance for the Lowdermilk Park Concession/Pavilion/Restrooms project. The Tourist Agreement for this project was approved by the Board of County Commissioners on April 22, 2003, agenda Item # 1 O.D. If you have any questions, please feel free to contact me at 530-5376. Enclosure O~t-14-O) lZ:34 From-Collier County Purcha;ini 821~ N. groumrd Blvd. #~60 P1antnt4~, FL. 33)24 7~8 6th St~e~ 5ouCh Naples, FL. ~4~O2 ~, THIS CERTIFICATE DO~ NOT~M~y. ~J~.~ INSURERS AFFORDING OOVERAOE ~lC ~ msm~. Prefer~ ~rn~ al ~sueance Trust ~NeUH~ D: THE pOUC;IE$ OF INSURANCE LISTED ,BLOW HAVE IIEEN ISSUED TO'THE INSURED PUWEO AeOW. FOR THE POLIOY PERIOD IND(P, ATEO. NOTV~A'THSTANOIN. UIREMENT. TERM OR GONDil'ION OF ANY GONTRACT OR OTHER DOCUME.NT WI_TH RESPF..CT TO WHrO~ THIS CER_ .T_lF.l..raA..1~._ _MA_Y.._BE~.,U.E~.O.R, E OEO BY THE POLICIES OE&CRI~ED HEREIN 18 SU~JEC , MAY pERTAIN, THE INSURANC; AFFOR CLAI POUGIE8 AOOREC)A~ LtMrr8 SHOWN M~IA-V~-BF-EN REDUCED BY PAID CLAIM9, _ ........ ......... ~ m T -- -- ~ ~ g POUOY ewJl~L .C'Jr~E._ POIPOY r~pm~_~.qa ~. m ~UI UVU X COMMERC~d' nE NE RAL' bV~ILITY M~D tXP (&nip onl pefIQIt,I $ _.j CLAIM" UA[:)E ~ eX:CUff A '~' Employee Benefit; IP~R~OHAL&AI:F(rp/~URY I ~..eclll~l~ AU~OMO~ L~UT'd ifa. OODILY INJURY ALL OIF~IEt) AUTOr. IPef ~) IC~H~DULI-.D AUTOS BODILY INaURY i --m. HIRED ~U'~O~ (Pit NOH,(:~ A~J10$ -- - ' , AUTO ONLY - (iA &CCIDI~N"r -- AUtO , AUTO ONLY: ~ ~ EAC~l nCCURFIP. NGE iaCeaenJMme~U.A UAIIUTY ---------'"-- --.--  OCCUR CLAIM~ MAJIE , J 0~ DUCTHILD. lOla¥ LIM~T~ I £MPLOYENB' UABli~rv ; L.GAQH A~GIL~HT O~;qCE~ EXC~ ~r,o? , . .~VERAGE APPLT~ABLE ?D "CLA~S BTLLS", OUT-OF-STATE AND FEDERAL )LJRZSOZCT20N CLAIMS ONLY IE: Toue~sm Agreement #90Z90-~-00] LowdePmlk Park Renovat~on~ and Expans~o~ of the Pev~l 1 ~ofl/Ce~cesstou/R~stroom St ructu re ~ IHOULD ANY OF THE ABI1Vi OIg,liBwo PDI. IC/J BE CANO~I.LID B~J'ORI ~IE Collle~ county Buerd Of County Coarisstoners Attfl; Purchnstng DeparIRwnt 3101 E. Tsun~Brflt Tpn~I Nwles,, FL 3411Z ACORD 281200,Jm8) FAX: C2)9)723'0544 EXPIRATION DATE THERP~. ~ 18SUING INBUNI~ W1LL ENDIAVOR TO MAIL F&URE ~ ~L ~ ~Ci ~ ~OIE NO DILLON OR UAI~ -- ' U -~ ~ACO~ CORPORATION ~ 3~.3Ud glz6Og~£1xc~:XU~ IN3U3~UNUW ~SIU:OI ~S:TT LIU gO, 9I/0~ g~S'ON 3"llJ MEMORANDUM Date: To~ From: Re; April 24, 2003 D.E. "Bleu" Wallace, Director Community Development & Environmental Services Marie Clos, Deputy Clerk Minutes & Records Department Resolution 2003-166 opposing Senate Bill 654 Enclosed please find one (1) certified copy of Resolution 2003-166, (Agenda Item #10E) as referenced above, approved by the Board of County Commissioners on Tuesday, April 22, 2003. Please forward copies to the appropriate parties If you should have any questions, please contact me at 774-8411. Thank you. Marie Clos Enclosure mjc RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING PROPOSED SENATE BILL 654 (PCB BR 03-06) WHICH REMOVES LOCAL GOVERNMENTS' AUTHORITY TO ENFORCE EXISTING CABLE FRANCHISE AGREEMENTS WITH REGARD TO ALL BROADBAND OR INFORMATION SERVICES, AND, ALLOWS TELEPHONE COMPANIES TO IMPLEMENT UNCONSCIONABLE RATE INCREASES WITH VERY LIMITED GOVERNMENTAL OVERSIGHT WHEREAS, during Florida's 2002 Legislative Session, Governor Bush vetoed last year's proposed House Bill 1683, which would have accomplished essentially the same results as the provision contained in currently proposed Senate Bill 654 and House PCB BR 03-06 ("the BILLS"); and WHEREAS, Governor Bush announced that last year's proposed House Bill 1683 was based on "ambiguities and circular logic" and would "tie the hands of the Florida Public Service Commission"; and WHEREAS, this year's rediai of last year's bad Bill fails to correct the ills that were highlighted in Governor Bush's veto message because the new "BILLS" (a) insulate industries from competition from wireless and Intemet messaging services by shifting losses in access fee revenues to concurrent "revenue neutral" increases in local service basic rates, (b) by no means guarantee that competitors will enter into the applicable markets, and (c) do not allow residential customers and small business to realize savings and opportunity in their local service that they may realize in other telecommunications sectors; and WHEREAS, Governor Bush has said that the new "BILLS" are "acceptable" because in his opinion they grant to the Florida Public Service Commission sufficient authority to decide to what extent the subject telephone rates can be increased; and WHEREAS, in fact the "BILLS" afford customers very little, if any, effective protection, but instead, will allow elected officials to "blame" the appointed Florida Public Service Commissions for the inevitable, unconscionable rate increases that will certainly occur to millions of telephone customers with regard to their basic local telephone service; and WHEREAS, the "BILLS" will allow rates for residential basic telephone service to increase by up to 67 percent in as few as the first 2 years, and will also allow residential local telephone rates to increase up to 20 percent per year every year thereafter; and WHEREAS, the "BILLS" can result in customers who use local telephone service collectively paying as much as $1 Billion more per year in as few as three years, and the quality of this service can decrease due to other provisions in these "BILLS"; and WHEREAS, the "BILLS" contain the following text: "No local government shall have the authority to directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality. Service territory, and prices, applicable to or in connection with the provision of any broadband or information service"; and WHEREAS, the text noted above removes from Collier County regulatory jurisdiction the specified items with regard to all of the County's cable television franchisees, and Collier County believes such removal of regulatory authority is not in the public interest and may even be an unconstitutional impairment of Collier County's contract rights with regard to its existing cable television Franchise Agreements. !OE NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, strongly opposes proposed Senate Bill 654 (and its counter-part proposed PCB BR 03-06) from being enacted into law because these proposed Bills allow unconscionable, unjustified increases to rates for local telephone service, and also prevent Collier County, and all other local governments, from enforcing their existing cable television Franchise Agreements with regard to all activities classified as "broadband and information services." This Resolution adopted this ,~a,~ day of April 2003, after motion, second and majority vote in favor of adoption. ATTEST DWIG}:I-~ Et BROCK, Clerk .-'X\ ' . · :, 'Deputv Cl~rk :A~test~ as ~ Cha!man's st-~atuce only. - ApprO,de,d. a~s. m fo,tm and legal sfiffi-C'i'ency: Thomas Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIE~TY2/RIDA . By: TOI~ I~NNIN~, Chairman-X~ 10G DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 101 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 MEMORANDUM Date: April 30, 2003 To: Michael Pettit , Assistant County Attorney Office of the County Attorney From: Marie Clos, Deputy Clerk Minutes & Records Department Re: Settlement Agreement between Collier County and Kraft Construction Co., Inc. Enclosed please find three (3) original documents as referenced above, Agenda Item #12A, as approved by the Board of County Commissioners on April 22, 2003. Please forward to the appropriate parties. If you should have any questions, please contact me at 774-8411. Thank you. Marie Clos Enclosure SETTLEMENT AGREEMENT This Settlement Agreement is made and entered into this ~,~ ~ day of April, 2003 by and among the Board of County Commissioners of Collier County, Florida (the "BCC"), Dwight E. Brock, as Clerk of the Circuit Court of Collier County (the "Clerk") and Kraft Construction Co., Inc., a Florida corporation ("Kraft"). BACKGROUND STATEMENTS A. The BCC approved execution of a Construction Management Agreement, concerning construction of the project known as the North Naples Library, at an open public meeting on April 11, 2000, (the "Agreement"); and, B. Pursuant to Sections 2A and 4B of the Agreement, BCC authorized Kraft to review the project for value engineering and constructability during the design phase of the project, and to develop a Guaranteed Maximum Price ("GMP") for the project, subject to BCC approval; and, C. The BCC staff and Kraft negotiated the GMP and the "Contract Time" for performance of the construction phase of the project, and thereafter BCC staff and Kraft executed Amendment #1 to the Agreement as well as Change Orders numbered 1 through 19 (the "Amendments"); and, D. Kraft and BCC acknowledge and agree that Kraft and the BCC staff worked together to bring construction of the Project to successful completion within the GMP and Contract Time; and, E. Pursuant to his official duties, Clerk has performed an audit of the contractor's billings provided by Kraft pursuant to the Agreement and the Amendments, the payments made to Kraft, as well as pending requests for payment, Page 1 and on 12A December 19, 2002 issued Audit Report #2002-3 (the "Audit Report") in which he concluded that payments had been made to Kraft in the amount of $111,893.39 that were not authorized under the Agreement, which should be recovered from Kraft, and that a pending request for payment based upon Change Order # 19 was not in conformance with the Agreement, and should not be paid; and, F. By a response from Kraft to the Clerk dated September 27, 2002 and by letter dated January 13, 2003 from its attorneys, Grant, Fridkin, Pearson, Athan & Crown, P.A. to the County Attorney (the "Kraft Response"), Kraft took issue with the Audit Report and most of the conclusions therein, and demanded payment in the amount of $47,978.81; and, G. It is further recognized and acknowledged that in the administration of the work pursuant to the Agreement and Amendments, Kraft and the staff of the BCC initiated a program of direct purchases by BCC of materials to be incorporated into the project within the scope of the work to be performed by Kraft under the Agreement and the Amendments. The purpose of said direct purchase program was to save costs to BCC equalling the amount of Florida sales tax which would otherwise have been paid by independent vendors purchasing the materials. Said program has been more particularly described at the BCC meeting at which this Settlement Agreement was considered and approved; and, H. It is recognized and acknowledged that a real dispute exists; and, I. It is recognized and acknowledged that BCC authorized execution of the Agreement on April 11, 2000, but differences and disputes exist concerning whether the Amendments were lawfully authorized by BCC; and, Page 2 12A J. The parties have agreed in good faith to resolve their differences and the bona fide reasonable doubts and uncertainties concerning the responsibilities under the Agreement and the Amendments, and have fully disclosed, in this Settlement Agreement and at and during the BCC meeting at which this Settlement Agreement has been considered, all relevant facts to effect a ratification by BCC of any and all aspects of the Agreement and Amendments not already fully and lawfully authorized. NOW THEREFORE and in consideration of the covenants and the payments hereinafter set forth, the parties agree as follows: 1. BCC and Kraft in particular, and the parties generally, confirm and adopt the Background Statements. 2. By entering into this Settlement Agreement, all parties agree that they are resolving genuine and bona fide disputes between themselves, and in particular Kraft does not admit nor concede that the credits and reimbursements agreed to in Section 5 below are required by law, but rather are agreed to by Kraft in order to resolve the disputes without litigation. 3. All Amendments, including but not limited to, Amendment #1 to the Agreement establishing the guaranteed maximum price in the amount of $6,845,000, are hereby ratified and approved by the BCC. 4. BCC specifically finds that the direct material purchase program as explained and described at the BCC meeting where this Settlement Agreement was discussed and approved, is specifically approved as part of the Settlement Agreement.. 5. Kraft shall reimburse the BCC as a credit against the payment owed for Change Order 19, the sum of $44,741.00 for the following payments [plus 5% contractor's fee] which are Page 3 identified in the Audit Report: a) The sum of $20,150.00 in respect to labor charges for services by Robert L. Carsello, the Chairman of the Board of Kraft, which BCC and Clerk do not claim have not been provided, but for which no time records were maintained; b) The sum of $9,727.55 in respect to vehicle allowances of personnel employed by Kraft; c) The sum of $1,972.60 representing the cost of replacing a fence that was damaged; d) The sum of $5,577.61 representing a portion of costs billed to, and paid by BCC, in the amount of $12,000.00 and incorrectly labeled as warranty work; e) The sum of $439.00 incorrectly billed to BCC in respect to the Project for performance bond; f) The sum of $2,485,00 incorrectly billed to the BCC for office equipment and supplies not utilized at the project site; g) The sum of $1,325.00 incorrectly billed to the BCC for reinspection costs; h) The sum of $471.64 billed to the BCC for truck service; i.) Additional miscellaneous sums totaling $462.08. 6. Based on the foregoing, BCC hereby authorizes and approves payment to Kraft of the sum of $11,804.42 representing the difference between the sum set forth in Change Order #19 [i.e. $56,545.42], and the reductions agreed to in Section 5. Clerk hereby concurs, and Kraft hereby accepts the foregoing. 7. After remittance by BCC to Kraft of the amount of$11,804.42 stated in paragraph 6 above, BCC, Kraft and Clerk agree that none of the parties will have any further claims against each other in respect to payments made or due for work performed under the Agreement, and the Page 4 _~ Amendments and all such claims and issues with respect to payment for the work are hereby resolved and discharged. Executed as of the date and year set forth above after full public meeting in accordance with Florida law. ATTEST: . rock Clerk of-iDircfiit Court '~A~est~n Ohly as to signature Of Chairl, ~. ? ~ ,~,,~st as to ~" ~ ~sl~at~e WI~ESS Board of County Commissioners, By: ~~ri.,-~~C°llier Count:~, Florida Thomas Henning, Cl~air Dwight Et~roc~, -- -- Clerk offfie Circuit Court, Collier County, Florida Approved as to form and legal sufficiency: Michael W. Pettit, County Attorney Kraft Construction Co., inc. By: Page 5 RESOLUTION NO. 2003- 167 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY SUPPORTING NO REDUCTION IN THECURRENT UNITED STATES TARIFF ON IMPORTED CITRUS PRODUCTS. WHEREAS, Florida citrus has been an integral part of the State of Florida since its existence, and the preservation of this industry not only affects Florida's citrus growers, but many affiliated businesses and local government entities throughout the state; and WHEREAS, Florida and Brazil produce over 90% of all processed orange product in the world and loss of Florida production would result in a monopoly for the Brazilian citrus industry; and WHEREAS, lowering of citrus tariffs does not create the benefits of "Free Trade" because it neither increases competition, reduces consumer prices, nor results in increased trade; and WHEREAS, it is a proven fact that the unsubsidized Florida citrus industry employs approximately 90,000 people and has an economic impact to our state of $9.1 billion; and WHEREAS, Florida citrus growers have worked diligently over the years in all international trade negotiations, and now with the World Trade Organization and Free Trade Area of the Americas to retain the citrus tariff on processed citrus products entering the United States to enable Florida to compete on a level playing field with Brazil; and WHEREAS, it is clearly demonstrated that any material reduction in processed citrus tariff schedules will have a devastating result on the citrus industry as it exists today in Florida with accompanying catastrophic effects upon the 800,000 acres of citrus that provide numerous environmental benefits to the community and state; and WHEREAS, there is nowhere in the world, other than Brazil, where land and climatic conditions permit processed orange juice production in quantities sufficient to compensate for losses in Florida production; and WHEREAS, Florida citrus growers require few services but provide employment, tax revenue, economic stability, water recharge, aesthetic beauty, and a way of life that has existed for more than one hundred years. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section 1. Collier County supports "no reduction in the current United States tariff on imported citrus products". Section 2. The Collier County Commissions support this Resolution Congressional Delegations. Board of County Commissioners requests that other County and to so notify the Governor and their Legislative and Section 3. A copy of this Resolution shall be spread upon the Minutes of this meeting and copies sent to the Governor, the Collier County Legislative and Congressional Delegations, and all other Florida County Commissions. Section 4. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 22nd day of April, 2003, in regular session of the Board of County Commissioners; .Cp~lj~r County, Florida. · ~\, . ...... . ATTEST: :; .... Dwight ~Bro&iC~LER~ sufficiency: David C. Weigel, Coun{y Att~y - BOARD OF COUNTY COMMISSIONERS By: Tom-'~e/~i n g ,~"'~C ~'~i~i~~ i6Al 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE FOURTH OF JULY CELEBRATION PROVIDED HEREIN AND AGREED AS FOLLOWS: 1. SCOPE OF WORK. In accordance with the budget attached as "Exhibit "A", the GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 18. 2. PAYMENT. The amount to be paid under this Agreement shall be Fifty Thousand Dollars ($50,000.00). GRANTEE shall be paid in accordance with fiscal procedures of the COUNTY for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon THIS AGREEMENT, is made and entered into this22 day of ~O~iL ,2003 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as the "Plan") funded by proceeds t¥om the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier county nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a special event with the City of Naples for the Fourth of July Celebration from July 3-4, 2003 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed special event to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY invoice are submittal of an invoice and upon verification that the services described in completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Manager, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the attached Exhibit "A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator, or his designee. 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by the COUNTY. GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS. GRANTEE shall provide to COUNTY monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding thirty (30) days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and 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 this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: City Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY at the following address: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this section. 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION. COUNTY and GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM. This Agreement shall become effective on October 1, 2002 and shall remain effective for one (1) year. GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amending to this Agreement to extend the term for an additional one (1) year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OF FUNDS. This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT. GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator, or his designee, within sixty (60) days of the date of the event. 17. REQUIRED NOTATION. All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~--~~ Tom Henning, Chairman i/ (1) signature .2~ Signature _ Pffnt ~d~ed~Nan~e - City Attorney Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney GRANTEE: CITY OF NAPLES Signature lh~intcd/Typcd Name Printed?l'yped Title EXHIBIT "A" PROJECT BUDGET FOR 4Tn OF JULY CELEBRATION Accommodations Meals Travel Equipment Total $ 32,350 $ 8,000 $ 9,000 $ 650 $ 50,000 h:hfa\TDC~2003touristagreement-citynaples 16fi3 MEMORANDUM Date: To: From: Re: April 24, 2003 Lauren Beard SHIP Program Coordinator Marie Clos, Deputy Clerk Minutes & Records Department Tri-Party Agreement with Creative Choice Homes and Sawgrass Pines Approved by the BCC 4-22-2003, Item 16A3 Please find enclosed one original Tri-Party Agreement with Creative Choice Homes. Kindly forward this document to the Bank of New York for the required signature and return a fully executed original to Minutes and Records. Also enclosed is a copy of the Tri-Party Agreement with Sawgrass Pines for your records. If you should have any questions, please contact me at: 774-8411. Thank you. Marie Clos Enclosures mj c EXECUTION COPY TRI-PARTY AGREEMENT among CREATIVE CHOICE HOMES XIV, LTD. (the "Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A, a national banking association (the "Trustee") ORLI~CORPSEC~496440 4 20019/0014 RMA kls 3/7/03 9:20 AM TRI-PARTY AGREEMENT THIS TRI-PARTY AGREEMENT ("Agreement") is being executed as of this 18th day of March, 2003, by and among CREATIVE CHOICE HOMES XIV, LTD, a Florida limited partnership (the "Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association (the "Trustee") (collectively, the "Parties"). RECITALS A. The Owner has contracted to purchase, certain real property (herein referred to as the "Premises") located in Naples, Florida. B. The Owner intends to construct upon the Premises certain improvements and appurtenances (herein referred to as the "Improvements" and together with the Premises referred to as the "Project") to consist generally of an approximately 298-unit low- to moderate-income apartment project and all other improvements as may be required therewith. C. The Owner and the County have entered into a certain Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing dated March 7, 2003 (the "Deferral Agreement") with respect to the deferral of certain impact fees in the amount of $2,170,855.04 (the "Impact Fee Amount"), an executed copy of which Deferral Agreement is attached hereto as Exhibit A and the terms of which Deferral Agreement are fully incorporated by reference. D. The Owner agrees to pay the Impact Fee Amount under the terms of this Agreement to the Trustee as satisfaction of its payment obligation under the Deferral Agreement. E. The Trustee has agreed to hold in the Impact Fees Account (as defined in that certain Trust Indenture dated as of December 1, 2002, by and between the Trustee and the Housing Finance Authority of Collier County, Florida (the "Indenture")) an amount equal to $1,803,882.13 (the "Impact Fee Deposit Amount") received from the Owner for the benefit of the County for the payment of the impact fees pursuant to Sections 5.12 and 6.01 of the Indenture. F. This Agreement is being executed to coordinate the aforesaid financing arrangement. 1N ORDER TO IMPLEMENT the above facts and understandings, and for value received, the Parties agree as follows: ORL1 \CORPSEC\496440 4 2001910014 RMA kls 3/7/03 9:20 AM ARTICLE I REPRESENTATIONS AND AGREEMENTS OF THE COUNTY The County represents and agrees that: Section 1.1. Full Force and Effect. The Deferral Agreement is with the Owner and is in full force and effect. Section 1.2. Deposit of Impact Fee Amount. The County agrees that, notwithstanding anything to the contrary contained in the Deferral Agreement, the Impact Fee Deposit Amount shall be deposited into the Impact Fees Account pursuant to Sections 5.12 and 6.01 of the Indenture with the Trustee. The County acknowledges that the Owner shall direct the investment of moneys in the Impact Fees Account in Permitted Investments. The County acknowledges that Owner has directed the Trustee to invest the Impact Fee Deposit Amount in a Permitted Investment that has guaranteed a yield sufficient to increase the Impact Fee Deposit Amount to the Impact Fee Amount by the scheduled due date for the Impact Fee Amount. The County agrees that such Impact Fee Deposit Amount and all investment income thereon shall be held solely on the County's behalf and paid to the County in accordance with the written direction of the County as required pursuant to Sections 5.12 and 6.01 of the Indenture. The County shall not request or direct the Trustee to disburse any of the Impact Fee Deposit Amount and all investment income thereon except in accordance with the Deferral Agreement and the County's Code of Laws Chapter 74. Section 1.3. Acceptance of Payment from Owner. The County agrees that once such Impact Fee Deposit Amount has been paid by the Owner to the Trustee the Owner shall have no further duties, rights, or obligations with respect to the payment of the deferred impact fees under the Deferral Agreement and that all payment obligations by the Owner have pursuant to the Deferral Agreement been satisfied, except as set forth in Section 2.2, below. ARTICLE II REPRESENTATIONS AND AGREEMENTS OF OWNER The Owner represents and agrees that: Section 2.1. Completion of Improvements. The Owner will promptly commence the construction of the contemplated Improvements and agrees to proceed toward the completion thereof with good faith and without undue delay in accordance with the plans and specifications relating to Heron Cove Apartments. Section 2.2. Payment of the Impact Fee Amount The Owner agrees and acknowledges that such Impact Fee Deposit Amount shall be nonrefundable to the Owner. The Owner agrees and acknowledges that such Impact Fee Deposit Amount and all investment income thereon will be held solely for the benefit of the County. The Owner agrees that if the moneys in the Impact Fees Account are insufficient to pay the amounts owed under the Deferral Agreement then the Owner shall be responsible for such insufficiency and the Owner further agrees that the County's ORLI\CORPSEC\496440.4 20019/0014 RMA kls 3/7103 9:20 AM 2 16A3 rights and remedies under the Deferral Agreement shall apply with respect to the Owner's obligation to pay the insufficiency. Section 2.3. Representations and Covenants Regarding Low-income Housing. The Owner hereby acknowledges and agrees that the County is entering into this transaction for the purposes of facilitating the provision of housing for persons of low and moderate income within Naples, Florida. To this end, the Owner hereby represents and covenants with the County as follows: (a) The Improvements will comprise one or more similarly constructed dwelling units, each of which will contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a living area, a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. (b) None of the dwelling units in the Improvements will at any time be utilized on a transient basis or will be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park. (c) All of the dwelling units will be rented or available for rent on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the dwelling units in the Improvements, except to the extent that dwelling units are required to be leased or rented to low-income tenants and persons or families of moderate income. Low-income tenants will have equal access to and enjoyment of all common facilities of the Improvements. ARTICLE III REPRESENTATIONS AND AGREEMENTS OF THE TRUSTEE The Trustee warrants and agrees that: Section 3.1. The Escrow Account. The Trustee has agreed to establish the Impact Fees Account pursuant to the Indenture on behalf of the County. Section 3.2. Acceptance of Performance by the Owner. The Trustee has accepted the Impact Fee Deposit Amount from the Owner. The Trustee agrees and acknowledges that such Impact Fee Deposit Amount and all investment income thereon shall be nonrefundable to the Owner. The Trustee has deposited such Impact Fee Deposit Amount in the Impact Fees Account. Section 3.3. Disbursements. The Trustee agrees to disburse from the Impact Fees Account to the County solely in accordance with the terms and conditions of Sections 5.12 and 6.01 of the Indenture. ORLI\CORPSEC~496440 4 2001910014 RMA kls 3/7/03 9:20 AM ARTICLE IV MISCELLANEOUS AND GENERAL PROVISIONS Section 4.1. Notices. Any notices, directions, consents or other communications required or permitted to be given hereunder shall be in writing and given by registered or certified mail, addressed to the Parties hereto, at the following addresses or to such other addresses as the Parties may for themselves designate in writing for the purpose of receiving notices hereunder: County: Collier County c/o Ass't. Collier Cty. Att'y. 3301 Tamiami Trail East Naples, Florida 34112 Attention: Patrick G. White with a copy to: Creative Choice Homes XIV, Ltd. c/o Creative Choice Homes, Inc. 4243 Northlake Blvd. Palm Beach Gardens, Florida 33410 Attention: Mr. John F. Weir Trustee: The Bank of New York Trust Company of Florida, N.A. 10161 Centurion Parkway Jacksonville, FL 32256 Attention: Ms. Christine A. Boyd Section 4.2. Governing Laws. This Agreement has been negotiated, made, executed and delivered in the State of Florida and shall be construed in accordance with the laws of said state. Section 4.3. Binding Effect. This Agreement shall bind and inure to the benefit of the Parties hereto and their successors, heirs, executors, administrators and assigns. Section 4.4. Amendments. This Agreement may not be changed, terminated or modified orally or in any other manner than by agreement, in writing, signed by the parties hereto. Section 4.5. Headings. The headings in this Agreement are for convenience of reference and shall not be construed to modify the terms hereof. Section 4.6. Counterparts. This Agreement may be signed in separate counterparts and shall be operative when each party has signed a counterpart. [Signature Page Attached Hereto and Incorporated Herein by Reference.] ORLI\CORPSEC\496440.4 20019/0014 RMA kls 3f7/03 9:20 AM IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in manner and form sufficient to bind them, all as of the date first above written. ATTEST: THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association ORLI~CORPS EC\496440.4 20019/0014 RMA kls 3/7/03 9:20 AM '1.6t 3 ATTEST: CREATIVE CHOICE HOMES XIV, LTD., a Florida limited partnership PATRICIA G. LAINE By: Creative Choice Homes XIV, Inc., a Florida corporation, its general partner By: ~hn F. Weir, Senior Vice President ORLI\CORPSEC\496440.4 2001910014 RMA kls 3/7/03 9:20 AM 6 16A3 ATTEST: DWIGHT E. BROCK, CLERK D puty Ct, erk ' Approved a~s~,,form Assistant CountyYtttomey BOARD OF COUNTY COMMISSIONERS OF COL~~ By: . TOM HENNING, CHAIRMA~ ORL1 \CORPSEC\496440.4 20019/0014 RMA kl$ 3/7103 9:20 AM 7 Prepared by: Patrick G. White Ass'L Collier Cty. Att'y. 3301 Tamiami Trail East Naples FL 34112 3148955 OR: 3244 PG: 1587 RECORDED in OFFICIAL R~CORDS of COLLIER COUNTY, FL 03/20/2003 at 10:47AH DWIGHT !. BROCL CLBR[ l~C H! 51.00 CO, IH I1.00 A?TN: LAUP~H B,ARD{403-~.~S6 ~ 3 This space for recording AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING This Agreement for the Deferral of Impact Fees is entered into this ~/~ day of.. ~P~ c~ r c_/~ 200.._~,~ by and between Collier County, a political subdivision of the State o£Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Creative Choice Homes, XIV, Ltd., hereina~er referred to as "OWNER.," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi- family, rental dwelling units which qualify as affordable housing; and WHEREAS, John F. Weir, Senior Vice President of Creative Choice Homes, XIV, Ltd.; and WlIEREAS, Creative Choice Homes, XIV, Ltd., has applied for a deferral of impact fees as required by the Impact Fee Ordinance for its Saddlebrook Village, Phase 2, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Financial Administration & Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application for the PROJECT and has found that it complies with the requirements for an 1 of 8 OR: 3244 PG: 1588 affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance; and WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of Two Million One Hundred Seventy Thousand Eight Hundred Fifty-Five and 04/100 (2,170, 855.04 } for six years and nine months from the date of the execution of this agreement for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY; and WHEREAS, pursuant to Section 74-201 E. 1.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements on behalf of the COUNTY; and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached hereto: as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be offered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's 2 of 8 OR: 3244 PG: 1589 impact fees will be deferred for six (6) years and nine months from the date of the impact fees being due and payable. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be the permanent residence of a qualifying occupant/tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and the household's monthly rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit renter which originally qualified as very low or low income level as defined in the Impact Fee Ordinance increases by more than forty percent (40%) above the maximum Iow income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non- compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNrER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years and nine months from the date such impact fees are deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the 3 of 8 OR: 3244 PG: 1590 16A3 Dwelling Units for affordable housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Financial Administration & Housing Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency will not be required to file this separate affidavit of compIiance with the County Manager. 7. LIEN. OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of this Agreement and continuing until paid or released, will constitute and he a lien in the amount of Two Million One Hundred Seventy Thousand Eight Hundred Fifty-Five and 04/100 (2,170,855.04) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY, that all of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the PROJECT. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 4 of 8 OR: 3244 PG: 1591 9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement: A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereai~er, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of such violation, or C. with respect to the Annual Report, once a fifteen (15) day grace period from the date of the report being due has expired, the OWNER will thereafter be in default. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: A. Should the OWNER of the property: 1) fail to comply with the said qualification criteria at any time during the fiReen (15) year term; or 2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the County within thirty (30) days of written notification of said violation. 5 of 8 OR: 3244 PG: 1592 B. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. C. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 13. (OWNER will be responsible for payment of any impact fees which may be due above and beyond the amount of this deferral.) (The amount of this deferral shall likewise be reduced if the deferred impact fees due are lower than the amount stated in this agreement.) IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (2) Witnesses: OWNER: WTS 1 si Print Name -%b-~ Y[L~'/ · '~, ~ ~k; ¢IC, L.~ (CO~O~TE SE~) Creative Choice Homes, XIV, Ltd. John F,~/Weir, Senior Vice President Creative Choice Homes XIV, Inc., General Partner of its 6 of 8 OR: 3244 PG: 1593 16 A 5 'Ii s~^'~ o~ ~o~^~ co~Y o~_~(~,' ,~ ~'~ ~-I~ Th~regoing Agreement was acknowledged before me this ~ day of /~q 0-[~ 200~y John F. Weir, as Senior Vice President of Creative Choice Homes, ~V, Inc., the General Pa~ner of Creative Choice Homes ~V, Ltd.. ~e is personally ~nown ~ or ha~oduced ,.~ (type of identification) as identification. SignOre of person takin~owledgment Name of Acknowledger Typed, Printed or Stamped MY COMUlSSION # DO 162197 EXPIRES: Janua~/16, 2007 7 of 8 OR: 3244 PG: 1594 STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMM/SSIONERS OF COLLIER COUNTY, FLORIDA JAlqES V. MUDD, COUNTY MANAGER The foregoing Agreement was acknowledged before me this ~ay of .~ c~..-c ~- , 200B, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me or has produced (type of identification) as identification. Sigfiature ofperson--I-a~ng acknowledgment Name of Acknowledger Typed, Printed or Stamped · .,,,,,o., Lauren J. Beard . - Commission t~DD 159084 {[:. ~"~.:;2 Expires: Oct 24, -.,~. . .;o~ c 2006 Atlantic Bonding Co., Inc. Approved as to form and \ le~3al sufficiency: % Patrick G. ~ite ~ Assistant County Attorney ~ded Denton Baker, Director of Financial Administration and Housing 8 of 8 Exhibit "A" LEGAL DESCRIPTION LYING IN SECTION 34, TOWNSHIP 4g SOUTH, RANGE 26 I~ST, COLLIER COUNTY FLORIDA. (PROPOSED SADDLEBROOK PHASE TWO) A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTf OF COLLIER. LYING IN SECTION .]4. TOWNSHIP 49 SOUTH, RANGE 26 F.A.ST. AND BEING MORE PARTICULARLy DESCRIBED AS FOLLOWS: AS PROVIDED 8Y OWN[R: IH[ WES] 1/J OF THE SOUTHEAST I/'2 OF SECTION 34, TOWNSHIP 49 SOUTH, RnJ,/GE 26 EAST, OF COLUER COUNTY, FLORIDA, LESS THE SOUTH §0' FOR DANS BOULVARD (~'TA'IE ROAD 84) I00.00 FOOT RIGHT-OF-WAy AND THE EAST 726 FEET OF THE SAID WEST I/2 AND LESS AND EXCEPT THE IN"~'R~'TAT£ 75 (I-TS) (STATE ROAD NO. DS) RIGHT-OF-WAY REFERENCE STATE OF FLORIDA DEPARTMENT 0[: TRANSPORTATION SECTION 03175-2409 SHEET 6 OF 10: BEING MORE PARTICULARLY DESCRIBED AS FOLLOW~I COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST OUARrER (SE1/4) 3F SAI0 SECTION .34; THENCE ALONG THE WEST LINE DF' THE SOUTHEAST I~UARTER OF SAID SECTION 3,. N.OO'2¢'2~'E.. FOR §0.OO FEET TO THE NORTH RIGHT OF WAY OF DAVIS BOULE~/ARO ALSO BEING THE SOUTHEAST CORNER OF PALM SPRING PLAZA, UNIT ONE AS RECDRDEO IN PI.AT 800K 8, PAGE 21-2.3 OF' THE I)FFICAL RECORDS OF COLLIER COUNTY FLORIDA, AND THE POINT OF' 8[GINNING: THENCE CO/~ITINUE ALONG THE WEEI' LINE OF' SAID SOUTHEAST GUARTER (SE1/4), N.00,2¢o26-E. FOR 2,574.54 FEINT TO THE: NORTHW£ST CORNER OF' TH[ $OUTH~.4~T QUARTER ($EI/'4) OF' ~JO SEC?DIN 34. ALSO BE. lNG THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 7.~ (I-TS)ESTATE ROAD 93) FER 0[PARTMENT OF TRANSPORTATION MAP OF SECTION 05175-24Dg. SHEET 6 OF' 10 THE STATE OF FLORIDA. THENCE ALONG SAIO RIGHT OF WAY, S.72'14oI.T'E., FOR 505.65 FEET; THENCE ALONG SND R~GHT OF WAY, S.68'12'.3/~'E., FOR 115.06 FEET: THENCE LEAVINC SAiD RIGHT OF WAY. S.00'21'56'W.. FOR 1,2g0,07 FEET; THENCE N.89'55'34"W,, FOR .t74.74 FEET; THENCE N.44'DS'54'W., FOR 8~.40 FEET: THENCE S.45'24'26'W., FOR ! 15.95 FEET TO A POINT OF' CURVATURE; THENCE SOUTHWESTERLY 58.90 FEET ALONG THE ARc OF A TANGENTIAL CIRCULAR CURVE ro THE LEFT HAVING A RADIUS OF 75.00 FEET THROUGH A CENTRAL ANGLE OF 45'00'D0' AND BEING .~,UBTENDED BY A CHORD WHICH 6EARS S.22'54'26"W. FOR 57.40 FEET;.' THENCE S.00'24'26"W., FOR 808,86 FEET; THENCE S.14'33'54"E., FOR 15.3.96 FEET; THENCE S. 00'4g'SS"W.. FOR 60.92 FEET TO THE NORTH RIGHT OF WAY OF DAVIS ~OULEVARD: THENC£ ALONG TH£ SNID NORTH RIGHT OF WAY. NB~'SS'22"W. FOR g4..~5 FEET TO THE POIN1 OF BEGINNING. CONTAINING 884,g64 50UARE FEET OR 20.32 ACRES. MORE OR LESS. PARCEL SUBJECT 10 EASE/dENTS, RESTRICTIONS, RESERVATIONS AND RIGHT-OF-WAY, (RECORDED AND UNRECORDED, WRITTEN AND UNWRrFTEN). BEARINGS ARE BASED ON THE WEST LINE OF THE. SOUTHF. AST OUARTER SOUTH. RANGE 26 FAST. COLLIER COUNTY. FLORIOA AS BEING N.OO'24'26"E. RWA SURVEYING, INC. LAND SURVEYORS ANO MAPPERS 6050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 --%---JO~)J. HILTO'~,P~£S$1ONAL LAND SURVEYOR LS# 62711 · NOT ~ALID U~L[AS [M~OSSED W~H THE PROFE~IONAE'B S~L. 2-12-02 N~s Pbr~1341~ ,. · 0 Exhibit "B" OR: 3244 PG: 1596 i Exhibit "C" OR: 3'244.. PG: 1597 *** 16A3 Saddlebrook Village Phase 2 Collier County Impact Fees Fee Community Park Community Park Regional Park Regional Park Library Road School EMS Jail Water Sewer Total Rate Unit $471.00 238 $531.00 60 $470.00 238 $530.00 60 $214.00 298 $1,811.00 298 $827.00 298 $93.00 298 $117.98 298 n/a 6" meter n/a 6" meter Total $112,098.00 .$31,860.00 $111,860.00 $31,800.00 $63,772.00 $539,678.00 $246,446.00 $27,714.00 $35,158.04 $470,995.00 $499,474.00 $2,170,855.04 EXECUTION COPY TRI-PARTY AGREEMENT among SAWGRASS PINES LLC (the "Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association (the "Trustee") ORLI\CORPSEC\493945.5 25557~0020 RMA dw 3/7/03 9:16 AM 16A3 TR1-PARTY AGREEMENT THIS TRI-PARTY AGREEMENT ("Agreement") is being executed as of this ~ ~. day of ~P~I g. , 2003, by and among SAWGRASS PINES, LLC, a Florida limited liability company (the "Owner"), COLLIER COUNTY, a political subdivision of the State of Florida, through its Board of Commissioners (the "County"), and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association (the "Trustee") (collectively, the "Parties"). RECITALS A. The Owner has contracted to purchase, certain real property (herein referred to as the "Premises") located in North Naples, Florida. B. The Owner intends to construct upon the Premises certain improvements and appurtenances (herein referred to as the "Improvements" and together with the Premises referred to as the "Project") to consist generally of an approximately 140-unit low- to moderate-income apartment project and all other improvements as may be required therewith. C. The Owner and the County have entered into a certain Agreement for 100% Deferral of Collier County Impact Fees for Multi-Family Affordable Housing dated ~Tn~.,Z-~ /~ __, 200.3 (the "Deferral Agreement") with respect to the deferral of certain impact fees in the amount o-~ $1,096,127 (the "Impact Fee Amount"), an executed copy of which Deferral Agreement is attached hereto as Exhibit A and the terms of which Deferral Agreement are fully incorporated by reference. D. The Owner agrees to pay the Impact Fee Amount under the terms of this Agreement to the Trustee as satisfaction of its payment obligation under the Deferral Agreement. E. The Trustee has agreed to hold in the Impact Fee Fund (as defined in that certain Trust Indenture dated as of January 1, 2003, by and between the Trustee and the Housing Finance Authority of Collier County, Florida (the "Indenture")) the Impact Fee Amount received from the Owner for the benefit of the County for the payment of the impact fees pursuant to Section 5.20 of the Indenture. F. This Agreement is being executed to coordinate the aforesaid financing arrangement. IN ORDER TO IMPLEMENT the above facts and understandings, and for value received, the Parties agree as follows: ORLI\CO RPSEC\493945.5 25557/0020 RMA dw 3F/'/03 9:16 AM ARTICLE I REPRESENTATIONS AND AGREEMENTS OF THE COUNTY The County represents and agrees that: Section 1.1. Full Force and Effect. The Deferral Agreement is with the Owner and is in full force and effect. Section 1.2. Deposit of Impact Fee Amount. The County agrees that, notwithstanding anything to the contrary contained in the Deferral Agreement, the Impact Fee Amount shall be deposited into the Impact Fee Fund pursuant to Section 5.20 of the Indenture with the Trustee. The County acknowledges that the Owner shall direct the investment of moneys in the Impact Fee Fund in Permitted Investments. The County agrees that such Impact Fee Amount shall be held solely on the County's behalf and paid to the County in accordance with the written direction of the County as required pursuant to Section 5.20 of the Indenture. The County shall not request or direct the Trustee to disburse any of the Impact Fee Amount except in accordance with the Deferral Agreement and the County's Code of Laws Chapter 74. Section 1.3. Acceptance of Payment from Owner. The County agrees that once such Impact Fee Amount has been paid by the Owner to the Trustee the Owner shall have no further duties, rights, or obligations with respect to the payment of the deferred impact fees under the Deferral Agreement and that all payment obligations by the Owner have pursuant to the Deferral Agreement been satisfied, except as set forth in Section 2.2, below. ARTICLE II REPRESENTATIONS AND AGREEMENTS OF OWNER The Owner represents and agrees that: Section 2.1. Completion of Improvements. The Owner will promptly commence the construction of the contemplated Improvements and agrees to proceed toward the completion thereof with good faith and without undue delay in accordance with the plans and specifications relating to Sawgrass Pines Apartments. Section 2.2. Payment of the Impact Fee Amount. Prior to construction completion of the first building in the Project, the Owner agrees to pay to the Trustee for deposit to the Impact Fee Fund the Impact Fee Amount. The Owner agrees and acknowledges that such Impact Fee Amount shall be nonrefundable to the Owner. The Owner agrees and acknowledges that such Impact Fee Amount will be held solely for the benefit of the County. The Owner agrees to direct the Trustee to invest moneys in the Impact Fee Fund in Permitted Investments. The Owner agrees that if the moneys in the Impact Fee Fund are insufficient to pay the amounts owed under the Deferral Agreement then the Owner shall be responsible for such insufficiency and the Owner further agrees that the County's rights and remedies under the Deferral Agreement shall apply with respect to the Owner's obligation to pay the insufficiency. ORL1\CORPSEC\493945.5 2 25557/0020 RMA dw 3/7/03 9:16 AM 16A3' Section 2.3. Representations and Covenants Regarding Low-income Housing. The Owner hereby acknowledges and agrees that the County is entering into this transaction for the purposes of facilitating the provision of housing for persons of low and moderate income within North Naples, Florida. To this end, the Owner hereby represents and covenants with the County as follows: (a) The Improvements will comprise one or more similarly constructed dwelling units, each of which will contain separate and complete facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a living area, a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. (b) None of the dwelling units in the Improvements will at any time be utilized on a transient basis or will be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park. (c) All of the dwelling units will be rented or available for rent on a continuous basis to members of the general public and the Owner will not give preference to any particular class or group in renting the dwelling units in the Improvements, except to the extent that dwelling units are required to be leased or rented to low-income tenants and persons or families of moderate income. Low-income tenants will have equal access to and enjoyment of all common facilities of the Improvements. ARTICLE III REPRESENTATIONS AND AGREEMENTS OF THE TRUSTEE The Trustee warrants and agrees that: Section 3.1. The Escrow Account. The Trustee has agreed to establish the Impact Fee Fund pursuant to the Indenture on behalf of the County. Section 3.2. Acceptance of Performance by the Owner. The Trustee will accept the Impact Fee Amount from the Owner. The Trustee agrees and acknowledges that such Impact Fee Amount shall be nonrefundable to the Owner. The Trustee shall deposit such Impact Fee Amount in the Impact Fee Fund. Section 3.3. Disbursements. The Trustee agrees to disburse from the Impact Fee Fund to the County solely in accordance with the terms and conditions of Section 5.20 of the Indenture. ARTICLE IV MISCELLANEOUS AND GENERAL PROVISIONS Section 4.1. Notices. Any notices, directions, consents or other communications required or permitted to be given hereunder shall be in writing and given by registered or ORL 1~CO RPSEC\493945.5 3 25557/0020 RMA dw 3/7/03 9:16 AM 16A. certified mail, addressed to the Parties hereto, at the following addresses or to such other addresses as the Parties may for themselves designate in writing for the purpose of receiving notices hereunder: County: Collier County c/o Ass't. Collier Cty. Att'y. 3301 Tamiami Trail East Naples, Florida 34112 Attention: Patrick G. White with a copy to: Sawgrass Pines, LLC c/o The Richman Group, Inc. 599 West Putnam Avenue Greenwich, CT 06830 Attention: Ms. Kristin M. Miller Trustee: The Bank of New York Trust Company of Florida, N.A. 10161 Centurion Parkway Jacksonville, FL 32256 Attention: Elizabeth Feezor Section 4.2. Governing Laws. This Agreement has been negotiated, made, executed and delivered in the State of Florida and shall be construed in accordance with the laws of said state. Section 4.3. Binding Effect. This Agreement shall bind and inure to the benefit of the Parties hereto and their successors, heirs, executors, administrators and assigns. Section 4.4. Amendments. This Agreement may not be changed, terminated or modified orally or in any other manner than by agreement, in writing, signed by the parties hereto. Section 4.5. Headings. The headings in this Agreement are for convenience of reference and shall not be construed to modify the terms hereofi Section 4.6. Counterparts. This Agreement may be signed in separate counterparts and shall be operative when each party has signed a counterpart. [Signature Page Attached Hereto and Incorporated Herein by Reference.] ORLI\CO RPSEC\493945.5 4 25557/0020 RMA dw 3/7/03 9:16 AM IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in manner and form sufficient to bind them, all as of' the date first above written. ATTES~ TREVO~~, COOR~ ViCE PRESIDENT THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association Name: ~ff~bz~ ~ ~l~ Title: !}it¢'l>cea~l~M~ ORL 1\CORPSEC\493945 5 5 25557~0020 RMA dw 3/7/03 9:16 AM ATTEST: SAWGRASS PINES, LLC, a Florida limited liability company By: By: TRG,GP LLCca Florida limited liability c ~Iffff?anaging member I~ ~}~lgf. Miller, President ORLI\CORPSECA493945.5 25557/0020 RMA dw 3F]/03 9:16 AM 6 ATTEST: D WI GHT ~'i BROCK; :CLERK :5 -: pepUiy Clerk ,: f'.~, '>~" Patrick G. White Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS By: TOM HENNING, CHAIRM~[N ORL 1\CO RPSEC\493945.5 25557/0020 RMA dw 3/7/03 9:16 AM Prepared by: Patrick G. White Ass't. Collier Cty. Att'y. 3301 Tamiami Trail East Naples FL 34112 FINANCIAL ADNIN & HOUSING IN?~OFFIC! A?TN: ~AUI~N This space for recording COPIES AGREEMENT FOR 100 % DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING This Agreement for the Deferral of Impact Fees is entered into this I~ ~ O"day of '~Y~! ~.r,L~ 200_~_, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Sawgrass Pines, LLC, hereinafter referred to as "OWNER," collectively stated as the "Parties." 46.50 10.00 RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi- family, rental dwelling units which qualify as affordable housing; and WHEREAS, Kristin M. Miller, as President of TRG GP LLC, Managing Member of Sawgrass Pines, LLC is the Owner's duly authorized agent; and WHEREAS, Sawgrass Pines, LLC, has applied for a deferral of impact fees as required by the Impact Fee Ordinance for the Summer Lakes Apartments, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application for the PROJECT and has found that it complies with the requirements for an affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance; and Revised 03/10/03 1015 1 of 7 WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of One Million Ninety-Six Thousand One Hundred Twenty-Seven and 20/100(1,096,127.20) for six years from the first date that the impact fees were otherwise due and payable for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and WHEREAS, pursuant to Section 74-201 E. 1 .b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements on behalf of the COUNTY; and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be offered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's impact fees will be deferred for six (6) years from the date of the impact fees being due and payable. Revised 03/10/03 1015 2 of 7 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be the permanent residence of a qualifying occupant/tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and the household's monthly rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit renter which originally qualified as very low or low income level as defined in the Impact Fee Ordinance increases by more than forty percent (40%) above the maximum low income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the Dwelling Units for affordable Revised 03/10/03 1015 3 of 7 PG, 26] housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Financial Administration and Housing Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency will not be required to file this separate affidavit of compliance with the County Manager. 7. LIEN. OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of this Agreement and continuing until paid or released, will constitute and be a lien in the amount of One Million Ninety-Six Thousand One Hundred Twenty-Seven and 20/100 ($1,096,127.20) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY, that all of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the PROJECT. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. Revised 03/10/03 1015 4 of 7 PG: 261 9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement: A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of such violation, or C. with respect to the Annual Report, once a fifteen (15) day grace period from the date of the report being due has expired, the OWNER will thereafter be in default. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: A. Should the OWNER of the property: 1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or 2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the County within thirty (30) days of written notification of said violation. Revised 03/10/03 1015 5 of 7 OR: 3245 PG: 2615 B. Should the OWNER otherwise be in default of this ~greement, an( e default is not cured within ninety (90) days after mailing written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. C. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 13. As the amount of impact fees being deferred by this Agreement is an estimate based upon projected impacts which will not be precisely known until building permits are issued for the subsequent construction of the units contemplated as part of this Agreement, the OWNER and COUNTY acknowledge and agree that either Party may be required to make adjustments for payment of any impact fees which may be due above and beyond the amount of this deferral. Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of the deferral of impact fees that would otherwise be due and payable upon issuance of the required building permits. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (2) Witnesses: Print Name '~ ~¢'c,,-*,.,,~I (CORPORATE SEAL) OWNER: Sawgrass Pines, LLC By: TRG GP LLC, A Florida Limited Li',~tl~j~~ny By: ~ ~iin r, President Revised 03/10/03 1015 6 of 7 STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this OR: 3245 PG: 2616 day of lk,'[ct ,aC h , 2003 by Kristin M. Miller, President of TRG GP LLC, Managing Member of Sawgrass Pines, LLC, a Florida Limited Liability Comp, any. She is p~rsonally known to me or has produced .(type of identifiqation); as ident~cation. Signature of person taking acknowledgment ANN H. MoGUIR£ . ' NOTARY PUBLIC MY ¢O~M!$$!O.N "'....v.p!RES .... Name of Act~PeYd~e~01Y~ed, Printed..or Stamped COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLI]ER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF · '/JAME:>V. MUDD COUNTY MANAGER The foregoing Agreement was acknowledged before me this D I '5'l"day of -TY~m.~ r._k. , 2003 by James V. Mudd, County Manager, on behalf of the COUNTY. He istpersonally known to me. Lauren j Bear-' Commission #bD'¢~ - non0ed Thru atlantic Bonding Co., Inc. Sigi'~~}s~~' g ~'~wle '- '~g~ent Name of Acknowledger Typed, Printed or Stamped Approved as to form and ,,~,~~encyZ /' Patrick G. White Assistant County Attorney ]~nded Denton Baker, Director Financial Administration and Housing Revised 03/10/03 1015 7 of 7 -A,, OR: 3245 PG: 2617 A parcel of land located in the North ~ of Section 30, Township 48 South, Range 26 East, Collier County, Florida, being more partic, ularly described as follows: Commence at the Northwest corner of Section 30, Township 48 South, Range 26 East, Collier County; Florida; thence mn S 88°24'18"E along the North line of the Northwest quarter of said Section 30, for a distance of 1980.23 feet to the Northwest corner of the East half of the East half of the Northwest quarter of the said Section 30; thence nm S00°31'3 I"E along the West line of the East half of the East half of the Northwest quarter of the said Section 30.for a distance of 1334.93 feet to the POINT OF BEGINNING of the parcel of land herein described; thence nm N89°28'29"E for a distance of 659.51 feet to the Northeast comer of the East half of the Southwest quarter of the Northwest quarter of the said Section 30; thence mn S00°31'12"E along the East line of the Northwest quarter of the said Section 30 for a distance of 1334.98 feet to the Southeast corner of the Northwest quarter of the said Section 30; thence run NS$°23'44"W along the South line of the Northwest quarter of the said Section 30 for a distance of 659.84 feet to the Southwest corner of the East half of the East half of the Northwest quarter of said Section 20; thence run N00°31 '3 I"W along the West line of the East half of the East half of the Northwest quarter of the said Section 30, for a distance of 1334.93 feet to the POINT OF BEGINNING. 2Sg$?/OOZO JE5 Iow 12/17/02 4:39 PM EXHIBIT"B" 0RI 3245 PG: 2618 .L6A3~il Exhibit "C" Summer Lakes Apartments Collier County Impact Fees OR: 32zt5 PG: 2619'~'*~* Fee Community Park Regional Park Library Road School EMS Jail Water Sewer Total Rate Unit $531.00 140 $530.00 140 $214.00 140 $1,811.00 140 $827.00 140 $93.00 140 $117.98 140 n/a 2"meter n/a 2" meter Tot~ $74,340.00 $74,200.00 $29,960.00 $253,540.00 $115,780.00 $13,020.00 $16,517.20 $252,350.00 $266,420.00 $1,096,127.20 4--21--03; 3:59PM;COLLIE~ COUNTY ;2394032331 # 1/ 22 16A] FAX Collier County Government Cormac J. Giblin Housing Development Manager 3050 North Horseshoe Drive, Ste 275 Naples, FL 34104 (941) 403-2336 FAX (941) 403-2331 FROM THE COLLIER COUNTY HOUSING DEPARTMENT Date Number of pages including this cover shee~ To: "~taO:,~ ~.~,~{~ Fax Number ~"~,?t-/O Z &~f' From: Cormac Giblin, Manager Collier County. Housing Dept. 3050 N. Horseshoe Drive, Ste 275 Naples, FL 34104 Phone 941-403-2336 Fax 941-403-2331 CormacGiblin @ Colliergov.net 3:59PM;COLLIE~ COUNTY Prepared by: Patrick G. White Ass't. Collier Cry. Att'y. 3301 Tangaml Trail East Naples FL 34112 ; 2394032331 :# 2/ 22 ; I69860 OR: 610' PJCOBi]BD tn OFFICIAL iJCO~S of CGLLIiR COMITY, FL COFIBS - 10.00 Re~n: fI~Cl~ ~HIH & HO~SIIG IN~ROF[I~ ATTN: ~OflX flgA~{(O3-2328) This space for .recording AGREEMENT FOR 100 % DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING Ag'ceement for the Deferral of Impact Fees is entered into this //'lC'day of -Y~e}.~_(..~ This 200 .._3_., by and between Collier County, a political subdivision of the State of ~orida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Sawgrass Pines, LLC, hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi- family, rental dwelling units which qualify as affordable housing; and WHEREAS, Kristin M. Miller, as President of TRG GP LLC, Managing Member of Sawgrass Pines, LLC is the Owner's duly authorized agent; and WHEREAS, Sawgrass Pines, LLC, has applied for a deferral of impact fees as required by [he ImPact Fee Ordinance for the Summer Lakes Apartments, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application for the PROJECT and has found that it complies with the requirements for an affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance: and Revised 03/10/03 10[5 I of 7 4-2q-03; 3: 5glUM; COLL I ER COUNTY OR: 3245 PG: 611 WHEREAS, the COUNTY desires to issue an impact fee deferral in the mount of One Million Ninety-Six Thousand One Hundred Twenty-Seven and 20/100(1,096,127.20) for six years from the first date that the impact fees were otherwise due and payable for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and WHEREAS, pursuant to Section 74-201 E.l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements on behalf of the COUNTY; and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mUtually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached hereto as Exhibit "A,' and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be offered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's impact fees will be deferred for six (6) years from the date of the impact fees being due and payable. Revised 03/10/03 1015 2 of 7 3:59PM;COLLIER COUNTY OR: 3245 PG: 2612 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be the permanent residence of a qualifying occupant/tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are def'med in the Impact Fee Ordinance; and the household's monthly rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re-rented oniy to persons or households meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit renter..which originally qualified as very low or low income level .as' defined in the Impact Fee Ordinance increases by more than forty percent (40%) above the maximum iow income level described in the Impact Fee Ordinance, then the per unit · deferred impact fee on the non-compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall 'have ninety (90) days to comply with the AffOrdable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the Dwelling Units for affordable Revised 03/10/03 1015 3 of 7 4--21--03; 3:5~PM;COLLIER COUNTY ;2394032331 m~ -~/ 22 housing for at least fifteen (15) years .from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Financial Administration and Housing Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency will not be required to file this separate affidavit of compliance with the County Manager. 7. LIEN. OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of this Agreement and continuing until paid or released, will constitute and be a lien in the amount of One Million Ninety-Six Thousand One Hundred Twenty-Seven and 20/100 ($1,096,127.20) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY, that all of the COUNTY'S lien fights and any other interests arising under this Agreement are to be considered junior, inthrior, and subordinate to each first mortgage on the PROJECT. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of' the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. Revised 03/I 0/03 I 015 4 of 7 4-21-03; 3:59PM;COLLIER OR: 32 t5 PG:-2614 12. REMEDIES. The remedy available to the COUNTY: A. 9. B/N-DING EFFECT. This Agreement shall be binding upon the Parties to this Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full 10, RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the County Manager. I 1. DEFAULT. OWNER shall be in default of this Agreement: '. A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact'fees due' within thirty (30) days of mailing of written notice of said non-compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of such violation, or C. with respect to the Annual Report, once a fifteen (15) day grace period from the date of the report being due has expired, the.OWNER will thereafter be in default. following remedies are cumulative with any other right or Should the OWNER of the property: 1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or 2) violate any provisions of this Agreement, then the dollar amount of impact tees deterred shall be paid in full by OWNER to the County within thirty (30) days of written notification of said violation. Revised 03/! 0~03 1015 5 or 7 4-21--03; 3:59PM;COLLIER COUNTY ;2394032331 [ ~/ 22 "(' ,- OR: 3245 PG: 2615 B. Should the OWNER otherwise be in default of this Agreement, and £he default is not cured within ninety (90) days after mailing written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. C. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 13. ~,s the amount of impact fees being deferred by this Agreement is an estimate based upon projected impacts which will not be precisely known until building permits are issued for the subsequent construction of the units contemplated as part of this Agreement, the OWNER and COUNTY acknowledge and agree that either Party may be required to make adjustments for payment of any impact fees which may be due above and beyond the amount of this deferral. Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of the deferral of impact fees that would otherwise be due and payable upon issuance of the required building permits. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (2) Witnesses: Print Name ~r-;.~ Print Name ,"~ (CORPORATE SEAL) OWNER: Sawgrass Pines, LLC By: TRG GP LLC, A Florida Limited K~i!n~ N~[ler, President Revised I)3/10/03 1015 6 of 7 4--21--03; 3:59PM;COLLIER COUNTY C COtmTY OV r~'~, (44e~ q OR: 3245 PG: 2616 The foregoing Agreement was acknowledged before me this / / ' day of IYtc~FC Iq 2003 by Krisfin M. Miller, President of TRG GP LLC, Managing Member of Sawgrass Pines, LLC, a Florida Limited Liability Company. She is personally Im~own to me or has produced .(typO'of identific, atio?); as iden~ficafion. Signature of person taking ackno~ie,~Ign~ent .... NOTARY PUBUC ..'. Name of Ac~~;~-o~;~l, Print~d. lor s.~amPed COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BYi /-~--~. (' /.-",""--~--.~' ~AME',V. MUDD COUNTY MANAOER STATE OF FLORIDA COUNTY OF ~ ,~ //, The foregoing Agreement was acknowledged before me this ;~ I"S'~day of '"'~ ¢,,, r./,.. , 2003 by James V. Mud& County Manager, on behalf of the COUNTY. He is. personally known' to me. '":'~";'~" Co .... ' r~ear(/ -2.: ~'~x \ '.. ~ _ mvmss~on #DD l igns,~ . %?'6i~'.~,," aon~ t 24 2 ......... 's'ttan"c ~! °~a'din~8 ~o thc Sig ~ture of person-mking~ackn'~--0wled'g~nent /- ~<<,'-~'., -'3- ;'% Name of Acknowledger Typed, Printed or Stamped Approved as to form and Patrick G. White Assistant County Attorney Denton Baker, Director Financial Administration and Housing Revised 03/10/03 1015 7 of 7 4-21-03; 3:59~M;COLLIER COUNTY Leeel Desc,ripfion A parcel of land located in rite North ½ of Section 30, Towns/tip 45 South, Range 26 ~'ast, Coil/er Cotmty, Florida, being more particularly described as follows: Commence at the Northwest comer of Section 30, Township 48 South, Range 26 East, CoUier County~ Florida; thence run S g8°24'I 8"E along the North line of the Northwest quarter of sa/el Sect/on 30, for a d~stance of 1980.23 feet to the Northwest corner of the East half of the East half of the Northwest quarter of the said Section 30; the. nee run S00°31'3 l"E'along the West l/ne of thc East half of the East half of the Northwest quarter of the said Section 30.for a diet,nee of 1334,93 feet to the POINT OF BBGINN~G of the parcel ofland herein described; thence run N89°28'29"E £o~ a d/stance of 659.5! feet to the Northeast comer of the East half of the Southwest quarter of the Northwest quarter of the said Section 30; thence run 800°31 '12"lg along the East line of the Northwest quarter of the sa/d Section 30 for a d/stance of 1334.98 feet to the Southeast corner of the Northwest quarter of the said Section 30; thence nm Ngso23'44,,W· dong the South line of the Northwest quarter of the said Section 30 for a d/stance of 659.84 feet to' the Southwest corner of the East half ofth~ Es,vt half of the Northwest quaffer of sa/d Section 20; thence run N00°31 '3 I"W along the West line of the East half of the East half oft he Northwest quarter of the said Sect/on 30, for a distance of 1334.93 feet to the POINT OF BEGINNING. · 12/17/02 4:~ PM 4--21--03; 3:59PM;COLLIER COUNTY .. .~ EXHIBIT "B" ; 239403233 1 # 1 O/ 22 16A3 OR: $2~5 ~G: 2618 4--2 I --03; 3:59PM;COLLIER COUNTY Exhibit "C" ;2394032331 # 1 1/ 22 '*** OR: 3245 ]~G, 2619 Summer Lakes Apartments Collier County Impact Fees F~e Community Park Regional Park Library Road School EMS Jail Water Sewer Total Rate Unit $531~00 140 $530.00 .140 $214.00 140 $1,811.00 140 $827.00 140 $93.00 140 $117.98 140 n/a 2" meter n/a 2" meter Total $74,340.00 $74,200.00 $29,960.00 $253,540.00 $115,780.00 $13,020.00 $16,517.20 $252,350.00 $266,420.00 $1,096,127.20 4--21--03; 3:59PM;COLLIER COUNTY Prepared by: Patrick G, White ~'t. Comer C~y. 3301 Tamtend Trail Fast Naples FL 3411:2 ;2394032331 O 12/ 22 31t D'5 OR: 3244 PG: 1587 HC Il! 51.00 H.OO ucn: I#?iRO~ZCB ATTM: LA~RBH BBARD(403-23381 This space for recordinE AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT' FEES FOR MULTI-FAMILY AFFORDABLE HOUSING This Agreement for the Deferral oflmpact Fees is entered into this ~f'/~ day of f~ ~ ~c ~ 200__~,~ by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinat~er referred to as "COUNTY," and Creative Choice Homes, XIV, Ltd., hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Coil/er County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, ~ereinaffer collectively referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi- family, rental dwelling units which qualify as affordable housing; and WHEREAS, John F. Weir, Sen/or Vice President of Creative Choice Homes, XIV, Ltd.; and WHEREAS, Creative Choice Homes, XIV, Ltd., has applied for a deferral of impact fees as required by thc Impact Fee Ordinance for its Saddlebrook Village, Phase 2, hereinai~cr referred to as "PROIECT," and a copy of said application is on file in the Financial Administration & Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application for the PROJECT and has found that it complies with the requirements for an I of 8 ;2394032331 ~ 13/ 22 4-21-03; 3:59PM;COLLIER COUNTY OR: 3244 PG.: 1588 affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance; and WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of Two Million One Hundred Seventy Thousand Eight Hundred Fitby-Five and 04/100 (2,170,855.04} for six years and nine months from the date of the execution of this agreement for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY; and WHEREAS, pursuant to Section 74-201 E. 1.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreement. s on behalf of the COUNTY; and WI:rEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be off'ered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's 4-21-03; 3:59PM;COLLIER COUNTY ; 23~14032331 # 1 4// 22 OR: 3244 PG: 1589 16A3 impact fees will be deferred for six (6) years and nine months from the date of the impact fees being due and payable. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be the permanent residence ora qualifying occupant/tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and the household's monthly rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit renter which originally qualified as very low or low income level as defined in the Impact Fee Ordinance increases by more than forty percent (40%) above the max/mum low income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non- compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years and nine months from the date such impact fees are deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the 4-21--03; 239403233 I # I 5/ 22 OR: 3244 PG: 1590 3:59PM;COLLIER COUNTY 1613 Dwelling Units for affordable housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Financial Administration & Housing Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency will not be required to file this separate affidavit of compliance with the County Manager. 7. LIEN. OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of this Agreement and continuing until paid or released, will constitute and be a lien in the amount of Two Million One Hundred Seventy Thousand Eight Hundred Fif~y-Five and 04/100 (2,170,855.04) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY, that aH of the cOUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the PROJECT. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shaH, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including but not limited to, a release of lien. 4--21--03; 3:59PM;COLLIER COUNTY ; 239403233 I # 1 6/' 22 OR: 3244 PG: 1591 16 3 9. BIKDING EFFECT. This Agreement shall be binding upon the Parties to this Agreement, their heirs, successors, and assigns. In ihe ease of sale or transfer by gift of any Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement: A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and therea~er, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing · of written notice of such violation, or C. with respect to the Annual Report, once a fifteen (15) day grace period from the date of the report being due has expired, the OWNER will thereat%r be in default. 12. I~M~DII~S. The following remedies are cumulative with any other right or remedy available to the COU1WI~: A. Should the OWNER of the property: I) fail to comply with the said qualification criteria at any time during the fii~een (l 5) year term; or 2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OXVN-ER, to the County within thirty (30) days of written notification of said violation. 4-21-03; 3:59PM;COLLIER COUNTY ; 239403233 I # I 7/ 22 OR: 3244 PG: 1592 B. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days at~er mailing written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. C. In addition, the lien may be foreclosed, .or otherwise enforced by the COUNTY, by action or suit in equity including the foreclosure of a mortgage on real property. The-COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 13. (OWNER will be responsible for payment of any impact fees which may be due above and beyond the amount of this deferral.) (The amount of this deferral shall likewise be reduced if the deferred impact fees due are lower than the amount stated in this agreement.) IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (:2) Witnesses: OWNER: Creative Choice Homes, XIV, Ltd. ~lohn F/v/Weir, Senior Vice President Creative Choice Homes XIV, Inc., Print N~e .~'~ (CO O TE of its 4--21-03; 3:59PM;COLLIER COUNTY ;2394032331 # 18/ 22 3241 PG: 1593 STATE OF FLOR~AA CO~T¥ oF ~(/~ ~: ~ Th~regoing A~eement was acknowledged before me this ~ day o~ 200~y Jo~ F. Weir, as Senior Vice President of Creative Chmce Homes, '~, Inc., the General P~er of Creative Choice Homes ~V, Ltd.. He is personally Ennwn ~ or ha~oduced ~ ~. (t~e of identification) as identification. Si~re ofperson t~ing~owledgment Nme of Ac~owledger Typed, Printed or Stamped 4--21--03; $:59PM;COLLIER COUNTY STATE OF FLORIDA COUNTY OF ~ ;2394032331 # 19/ OR: 3Zlo~ PG: 1594 16/13 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:, ,,/~~~/~'~~ ' S V. MUDD, COUNTY MANAGER The foregoing Agreement was acknowledged before me this -_..D.0_.~ay of ~'~ o-.-,e ~ , 200'3, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally .known_to me or has produced (type of identification) as identification. Signature ofpersoli't-~ng acknowlecigment ~ Lc~.,,.~e...,,,, '-% :~'~e c,.w~ Name of Acknowledger Typed, Printed or Stamped ,~roved as to form and Patrick G7 White Assistant County Attorney ~ded Denton Baker, Director of Financial Administration and Housing. 22 4--21-03; 3:59PM;COLLIER COUNTY Exhibit "A" ;2394032331 LEGAL DESCRIPTION LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 -EAST. · COLLIER COUNTY FLORIDA. (PROPOSED SADDLEBROOK PHASE 1WO) A TRACl OR PA~CrL OF Id~D SITUATED IN THE: STATE ~ ~ C~ OF COLLIe, LYING ~ SECTION r~P 4g SO.H, ~GE Z~ a~ PRIDED BY OWNER: C0U~. FLOMD~ ~SS ~ SO~H 50' r~ OA~S ~V~D (~ATE R~ e4) tOO.~ F~T RIG~-~-WAY R~ ~0. g3) RIGHT-Or-WAY R~RMC~ STA~ OF FLOR~A D~T OF T~S~RTA?ION 03~75-~409 ~[~ 6 OF BEWG MO~ P~T~y D~IB~D COMMENCING A1 THE $0UI,~ COI~IER OF 11t( SOUTH[Asr ou~J~rER (SE¥4) .~F SAiD SECTION IHENCE N. ONG THE W~ST U~E OF THE SOUTHF. AST QUARTER OF SAID SECTION 3(, N.OD'2~'26'E.. FOR FE~T TO TI'I; NORTH RIGHT OF ~lff OF DAVIS BOUL~NIO ,~,~O BEING THE $OUttlF. AST CORNER OF PAUd SPRING PLAZA. UNIT ON[ AS RECDROED IN PLAT IIOGK 6, PAGE ZI;23, OF THE (}FlrlcAI. RI~COROS OF COLU['R COUNTY FLOR/DA, NfO 714£ POINI' OF THENCE CONTINUE ALONG TIlE WEST LINE OF' SAID SOUTH,EAST OUARI'ER {SE}/4), N.00'24'26"/, FOR 2.574..,54 THE SOUTHERLY .RI.?,I..?._?.a, yu...U~[_OF_/_/_~'di~__STATE 75 O-75)(STATE RO/~ 93) FER r.£ sT^= or rLoR,~ 0~PARTUEHT OF -~.~"U-ml~ ~ r~ 5[CTION 03175-~lD~, SHEET 6 OF lO THENCE .N.ONO SAIO RIGHT OIr V/AY, S. 72'14'13"E.. FOR 508.83 FEEl': TI,E'NCE ~[.ONG SND RIGHT OF WAY, S.$~'I2'3B"E.. FOR 115.06 FEET.. THE'NO£ L£A~ING ~/UD RIGHT OF WAY. S.OO'21'3fW.. ~ 1,'~g0,07 FEET.. THENCE N.89'3.5'34"W,. FOR 374.74 F'EET: ' THEI~ICE N.44'35'34'W.. FOR B4-.40 FEET: THENCE $,4~'24'2E'W., FOR ! 13.95 FEET TO A POIl~' OF THI~ICE $OUTHWESTrJtI.Y 58.90 ~ N.ONO THE ARC OF A TANGEtI*IlN. P-.RCUI~R CURVE TO THE L~ HAVING A RADIUS Or ?S.O0 FEET THROUGH A Ci3,TI'RAL MOLE OF 4S"00'00' .'~ND B£1NG .%UOTErlOED BY A CHORD WHICH BEARS S.2~"~4'26"W. FOR $7,40 FEEIf;.' THEHCE S.01~24'2~"W., FOR 80S.8S FEEl: %HENCE S, T4'33'54"E.. FOR 153.S!i FEET: TH,-----------------~C£ S.01749'3.5'W.. FOR SD.g2 FEET TO THE NORTH RIGHT OF WAY 0F DAMS TLI£NC£ AI. ONO TH[' SAIO NOIIIN RIGNT OF WAY. t,I,8~'SS'~2'~W.. FOR 94.,33 F£ET TO 'INF. POIN! OF III':GINNING. CONTNNING 8114,964 SOUNI£ FE~' OR 20.32 ACRE~. UORE OR LESS. PARCU. SUBJECT TO EASEUENIS. RESTRICTIONS. RESERVATIONS AND RIGI'~-OF-WA'.'. {RECOROED AND UNRECORDED, WRITTEN ~lO UI~fRITTEN), 8,,,,,,,,,,,,,,,,,,,~R/NGS ARE BASE0 0g THE WEST UNE OF THE SOUTI*F. AST QUARTER (5E¥4) CF SEC/ION 34, TO.SHIP 49 SO~H. ~G[ 26 ~r. c~ COUN~. KO~A ~ BErG ~A SU~WG. ~SO ~OmH ~R~ DR~E ~TE ~70 FLONII;). CERTIn~ O~ 1~gs2 REF, 2O/ 16/ 3 22 I I'?- ~0'i THI3NAS ECKERTY · ~"~N 'Fn"z: ' LEGAL DESCRIPTIDN !~:~..L~,_..:.[SADI)LEBRDOK VILLAGE PHASE T~ 4-2 I -03; 3:59PM;COLLIER COUNTY ~xhibit ;2394032331 :~t 21/ 16A3 !i 22 ......... ::2::::;:2:: ............. 4--21--03; 3:59PM;COLLIER COUNTY Exhibit "C" 239403233 1 OR: 3244 PG: # 22/ 22 1597 16/ 3 Saddlebrook Village Phase 2 Collier County Impact Fees Fee Community Park Community Park Regional Park Regional Park Library Road School EMS Jail Water Sewer' Total Rate Unit $471.00 238 $531.00 60 $470.00 238 $530.00 60 $214.00 298 $1,811.00 298 $827.00 298 $93.00 298 $117.98 298 n/a 6" meter n/a 6" meter Total $112,098.00 $31,860.00 $111,860.00 $31,800.00 $63,772.00 $539,678.00 $246,446.00 $27,714.00 $35,158.04 $470,995.00 $499,474.00 $2,170,855.04 RESOLUTION NO. 2003- 14 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 l, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 6 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BARON, MIMON LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUIRFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2263 FOLIO #: 55200240000 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of Cohnty Commissioners of Collier County, Florida, this ~ day of ~ , 2003. DWtGHrI~, E. BP~OCI~Clerk Deputy Clerl~'t~t~, St aS to Chiltrl~ll'$ Approved as ~o fo~ and legal sufficiency: Thom~~er,~~ttomey BOARD OF COUNT, t~Y COMM. }SSIONERS BY: Tom Henning, Chairman 3185202 OR: 3293 PG: 0312 RECORDED in OFfICIAl, RECORDS of ¢OLhlER COUNTY, 05/16/2003 at 10:42AM DWIGHT 1l, BROCK, CLERK REC ~g~ Rein: CLgRK TO THE BOARD INTEROFFICE 47H ~LOOR 7240 COPIES 10.50 2.00 F: L|EN/MSTR RESOLUTION *** OR: 3293 PG: 0313) BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: BARON, MIMON 2375 TAMIAM1 TR N STE 300 NAPLES, FL 34103 REF. INV.# 2263 FOLIO # 55200240000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUIRFIELD, 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(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 6, and constituted a violation of county regulations on January 24, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. OTHER NON-PROTECTED You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL RESOLUTION NO. 2003- 1 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 13 of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BENJAMSON, LILLIAN E. LEGAL DESCRIPTION: Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE, according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2268 FOLIO #: 36385240009 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this a~ day of ~, 2003. BOARD OF COUNTRY COMlVltISSIONERS ATT, E~ .:.... Y.'f': , ~IGHT El i3ROCK, Clerk COLLIER COUp, FLO~. ~A -..(~.'.Deputy ClerA~e~t aS tO Cha t~'~ Tom Henning, Ch~an %_ ,'~;al0nature 0nly. Aplirbved:as;~i form and legal suffici'en'cy: Thomas 12. Pal}ner, AsSistant County Attorney 3185203 OR: 3293 PG: 0314 RECORDED in OHI¢IAL RECORDS of COLLIER COUP?Y, PL 05/16/2003 at 10:42AM DWIGHT g, BROCK, CLERK HC F~ 10.50 2.00 Retn: CHRK ?0 ?~! BOARD BX? 7240 F: LIEN/MSTR RESOLUTION OR: 3293 PG: 0315 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: BENJAMSON, MARTIN I. & LILLIAN E. 6300 YORK AVE S APT #208 EDINA, MN 55435 REF. INV.# 2268 FOLIO #: 36385240009 LIEN NUMBER: LEGAL DESCRIPTION'.. Lot 13 Block 224 Unit 6 Part 1 GOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 13 and constituted a violation of county regulations on December 31, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF.. YOUR PROPERTY IN COLLIER COUNTY: F: LIENS/MSTR LNAL Official Receipt- Collier County Board of County Commissioners CDPR 1103 - Official Receipt T~s Number --; Date -- 401198 -- ~ ' i Post Date J Payment Sii~_Nbr 511t2____003 4;56:30 PM _ 512/2~3 i MS 112734 JONES, RUSSELL & JUDITH 392240002 Payor: JUDITH JONES Fee Information ~__~-~ I MOWING.ADMIN. FEE 1111~34390800000 , O~.~_6LMCF ! LOT MOWING & CLEARING-PRINC[__~_I 1113891134390800000 Total Waived ~____ $200.00, ~ mod-~--'- i ACcount/Check Ct~ __.~_~.-~-~ T: Number Memo; .Dayme. nt mr n~sarmo eba~ement mf # 2256 Payments -- _ ~.. ~ Total Cash L $0.00 Total Non-Cash i-- ,_ $255.00------~ Total Paid ' · $255,00 CasllJer/k)cation: MCCAULEYKATY/ 1 User: POWERS_J Collier County Board of County Commiss~3ners CD-P/us fo~' Windows 95tNT Printed:5/1~2003 4:55:58 PM 16 4 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JONES, RUSSELL H & JUDITH A. 3047 ANDREWS AVE NAPLES, FL 34112 REF. INV.# 2256 FOLIO #: 392240002 LIEN NUMBER: LEGAL DESCRIPTION: The West 115 feet of the South 77 feet of the North 805 feet of the Northwest ~A of Section 13, Township 50 South, Range 25 East, Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on January 13, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL 16A4 RESOLUTION NO. 2003- 14 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: JONES, RUSSELL H & JUDITH A. LEGAL DESCRIPTION: The West 115 feet of the South 77 feet of the North 805 feet of the Northwest ~A of Section 13, Township 50 South, Range 25 East, Collier County, Florida. COST: $255.00 REFERENCE#: 2256 FOLIO #: 392240002 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier C_~,..u~ y; Florida, thism~a~eday of ~ 2003. ,~ T~''~ . Y, "~:~ ~% ~;i;'FEST: ~ '?, BOARD OF COUN]~Y COMM/ISSIONERS ~DwIGHT E. BRO'~.K, Clerk COLLIER CO~'Y, FL.~A · (~kD, eputy _Cie.fi( Attest as to Cha 1finn's Tom Henning, Chairman l~' ". s;:.,:'.~.' signature onl.v. Approved as to form and legal sufficiency: (-~~ Thomas C. Palmer, A~sistant County Attorney F: LIEN/MSTR RESOLUTION RESOLUTION NO. 2003- 14 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MC GOON, LUCILLE L. LEGAL DESCRIPTION: A parcel of land lying in and begins A part of the East V~, Section 12, Township 52 South, Range 29 East, Collier County, Florida. Being more particularly described as follows: Commencing at the South 'A corner Section 12, Township 52 South Range 29 East, Collier County, Florida. Thence along the South line of Section 12, N. 89° 49'05" E. 1567.77 feet to a point on said south line of Section 12; thence N. 1° 47' 35" W. 145.77 feet to the point of beginning thence N. 33° 24' 19" E. 36.92 feet; thence N. 48° 27' 09" E. 122.91 feet; thence N. 1° 47' 35" W. 28.78feet, thence S. 84045' 13" W. 134.79 feet, thence N. 84° 46' 28" W 242.57 feet, thence S. 26° 09' 03" E. 168.75 feet; thence N. 89° 49' 05" E. 190.00 feet to the point of beginning. Containing 0.91 acres more or less. COST: $1,350.00 REFERENCES:2242 FOLIO #: 1131681106 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution pas~ed arid duly adopted by the Board of County Commissioners of Collier County, Florida, this~a~clay of ~ 2003. C.- BOARD OF COUNTY COMM_ ~SSIONERS DwI6HTEi BROCK,CCIerk COLLIER CO~./~, FLO.~ ~.~: D-eputy Cler~ ~:;?' ~ ' ~ ~. v - Tom Henmng, Chm~an legal . Thomas C~ Palmer, Assistant County Attorney 3185204 OR: 3293 PG: 0316 R]¢ORDgD in OFFICIAL RBCORDS of CO~LI~R COUNTY, FL 05/16/2003 at 10:12AN O~IGHT E. BROCK, C~ERK REC ~E~ 10.50 Retn: COPIES 2.00 CLERK ?O ?HE BOARD IRTERO~ICE IT~ FLOOR ?24O F: LlEN/MSTR RESOLUTION *** OR: 3293 PG: 0317 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MC GOON, LUCILLE L. PO BOX 487 COPELAND, FL 34137-0487 DATE: REF. INV.# 2242 FOLIO #: 1131681106 LIEN NUMBER: LEGAL DESCRIPTION: A parcel of land lying in and begins A part of the East lA, Section 12, Township 52 South, Range 29 East, Collier County, Florida. Being more particularly described as follows: Commencing at the South lA corner Section 12, Township 52 South~Range 29 East, Collier County, Florida. Thence along the South line of Section 12, N. 89° 49'05" E. 1567.77 feet to a point on said south line of Section 12; thence N. 1° 47' 35" W. 145.77 feet to the point of beginning thence N. 33° 24' 19" E. 36.92 feet; thence N. 48° 27' 09" E. 122.91 feet; thence N. 1° 47' 35" W. 28.78feet, thence S. 84o45, 13" W. 134.79 feet, thence N. 84° 46' 28" W 242.57 feet, thence S. 26° 09' 03" E. 168.75 feet; thence N. 89° 49' 05" E. 190.00 feet to the point of beginning. Containing 0.91 acres more or less. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on October 21, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, LITTER, WASTE OR ABANDONED PROPERTY. expenditure as amended and served a notice of violation upon you. The STORAGE OR BURIAL OF You have failed to timely abate such nuisance; whereupon, it was abated by the of public funds at a direct cost of ONE-THOUSAND ONE-HUNDRED FIFTY ($1,150.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND THREE- HUNDRED FIFTY ($1,350.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL RESOLUTION NO. 2003-__1_4.8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 2, of the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WALTERS, T. LEE & WILLIAM L. LEGAL DESCRIPTION: Lot 2 of the unrecorded Plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South, Range 29 East, Tallahassee Meridian, Collier County, Florida, lying North of Halfway Creek. From the Northwest corner of said Section 24, South 87~32'20'' East along the North line of said Section 24, for 467.98 feet; thence South 02027'40'' West 150 feet; thence South 8'~32'20" East 1470 feet to the POINT OF BEGINNING; Thence North 02° 27'40"East 100.00 feet; thence South 8'P32'20" East 60.00 feet; thence South 02¢27'40'' West 100.00 feet; thence North 8'P32"20" West 60.00 feet to the POINT OF BEGINNING. COST: $255.00 REFERENCE#: 2258 FOLIO #: 1211080009 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this~,~:lay of~2003. ATTEST: DWIGHT E. BROCK, Clerk ..... ~.? BY:~O'~ ' Deity.Clerk "A~.t~St aS ~ ApPrq~ed'.as to form~~ ~l ~, legal s~ficiency: -: ~ Thomas C. ~t~r~ss~stant County Attorney BOARD OF COUNTi~Y COMMISSIONERS COLLIER CO~tY, FLOff~/ · BY: _ /~rg......~t~--~t-~-"~- To~ ~een~ng, Chai~an -- t~ 3185205 OR: 3293 PG: 0318 R~CORD~D in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/16/2003 at 10:42AM DWIGB? 3. BROCK, CLERK R~C ~ 10.50 2.00 Retn: CLH[ 70 ?HI BOARD I~?~R0~IC~ ~?H ~L00R H? 72~0 F: LIEN/MSTR RESOLUTION *** OR: 3293 PG: 0319 *** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WALTERS, T. LEE & WILLIAM L. DATE: 3991 SHADY RIDGE RD FT LAUDERDALE, FL 33312 REF. INV.# 2258 FOLIO #: 1211080009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2 of the unrecorded Plat of PLANTATION ISLAND MOBILE HOME SITES, Unit No. 3, located in Section 24, Township 53 South, Range 29 East, Tallahassee Meridian, Collier County, Florida, lying North of Halfway Creek. From the Northwest corner of said Section 24, South 8'/032'20'' East along the North line of said Section 24, for 467.98 feet; thence South 02~27'40'' West 150 feet; thence South 87032'20" East 1470 feet to the POINT OF BEGINNING; Thence North 02~ 27'40"East 100.00 feet; thence South 87~ 32'20" East 60.00 feet; thence South 02°27'40'' West 100.00 feet; thence North 8?032"20" West 60.00 feet to the POINT OF BEGINNING. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 2, and constituted a violation of county regulations on January 08, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL RESOLUTION NO. 03- 14 9 16A5 RESOLUTION TO AUTHORIZE F1NAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT FOUR, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 20, 1994 approved the plat of Pelican Marsh Unit Four, Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and 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. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Four, Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. ?'W,I.GaXdS~ B~CK, CLE~ . .2 ...;.~ .: ',- , . . . ApprOved as to fo~ ~d legal Pa~ck G. ~ite Assist~t Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: T6 H~NNING, CHAIRM'~ RESOLUTION NO. 03-15 0 16 A 6 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN PELICAN MARSH UNIT FOUR, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 4, 1994 approved the plat of Pelican Marsh Unit Four, Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and 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. 97-17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Pelican Marsh Unit Four, Phase Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. ..?~:. This Resolution adopted after motion, second and majority vote favoring same. ATTEST: '- DWIGHT E. BROCK, CLERK '~A.l;t~st as to Chairman'~ Signature o~15, BOARD OF COUNTY COMMISSIONERS ~pp.[oved ~ts to form and legal Pa'tr~dk ~. Whlte ' Assistant Collier County Attorney 16A8 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, M~,,A. INTENANCE AND ESCROW,~UEEMENT FOR SUBDIVISION IMPROVEMENTS (the "Agreement ) entered into this ol~., day of~h, 2003, between WATERWAYS JOINT VENTLTRE IV (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter 3,The Board@) and WACHOVIA BANK NATIONAL ASSOCIATION (hereinafter "Lender"). RECITALS: A. 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 Summit Place Phase I. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate (/kEstimate@) prepared by RWA Inc. (the "developer's Engineer"), a copy of which is attached hereto and incorporated herein as Exhibit 1. 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 Unified Land Development Code (the "Development Code") requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Lender has entered into a construction loan agreement with Developer dated May 30, 2002 (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 $_2,351,529.00 (the "Reserved Amount"), and this amount represents 110% of the estimate by the Developer's Engineer of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, The Board and 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 Services Director within Four (4) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold the Reserved Amount from the Construction Loan, pursuant to the terms of this Agreement. 3. Lender agrees to that the Reserved Amount under the Construction Loan shall be disbursed only pursuant to the terms of this Agreement. Lender acknowledges that the execution of this Agreement shall not constitute a draw of the Reserved Funds under the Construction Loan, and that such a draw will occur if, as and when portions of the Reserved Funds are disbursed ("Disbursement") by the Lender pursuant hereto or otherwise under the Construction Loan. 4. Portions of the Reserved Funds shall be released by the Lender to the Developer only upon written approval of the Development Services Director of Collier County, Florida, who shall approve a Disbursement of the Reserved Funds not more than once a month, in amounts due for portions of the Required Improvements done to date based on the percentage completion of such portion of the Required Improvements P:~2001 PROJECTS~01-0150.00 SUMMIT PLACE IN NAPLES~0002 GENERAL CONSULTATION ~4177~CONSTRUCTION, MAINT & ESCROW AGREEMENT.DOC 032503 10:05 6A8 multiplied by the respective Required Improvements costs less ten percent (10%). Upon completion of the Required Improvements, the Development Services Director shall approve the release of any remainder of Reserved Funds, except to the extent of $ _213,776.00 (the "Requirement Improvements Retention Amount") which shall available to the County Developer guaranty of maintenance of the Required Improvements for a minimum period on one (1) year pursuant to paragraph 10 of this Agreement. In the event, however, 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 Reserved Funds existing as of the date of such demand (the "County Payment Amount"), provided that as a conditions of the obligation of the Lender to pay the County Payment Amount to the County, the County will have executed and delivered to the Lender a statement signed by the Development Services Director to the effect that: (a) Developer has, for more than sixty (60) days after written notification of such failure by County to Developer, failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the Required Improvements or will complete such portion of such Required Improvements as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the County Payment Amount; (c) The County Payment Amount shall be used by the County for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential which the County may sustain on account of the failure of the Developer to carry out and execute the Required Improvements; and, (d) The County will promptly repay to the Lender any portion of the County Payment Amount not expended by the County in completion of the Required Improvements. 5. Written notice to the Lender by the County specifying the amount to be paid to the Developer from the Reserved Funds shall constitute authorization by the County to the Lender to release such amount from the Reserved Funds. Payment by the Lender to the Developer of the amounts of Reserved Funds 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 that portion of the Reserved Funds disbursed in accordance with any such letter of authorization from the County. 6. 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 the County and have been 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 from the Developer's Engineer, either: (a) notify the Developer in writing of tl'le preliminary approval of the Required Improvements; or (b) notify the Developer in writing of the refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the approval of the Development Services Director. However, in no event shall the Development Services Director refuse preliminary approval of the Required Improvements if such Required Improvements are, in fact, constructed and submitted for approval in substantial compliance with the requirements of this Agreement. P:L~001 PROJECTS~01..0150.00 SUMMIT PLACE IN NAPLES\0002 GENERAL CONSULTATION 04177~CONSTRUCT1ON, MAINT & ESCROW AGREEMENT. DOC 032503 10:05 2 8. Should the Reserved Funds 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 solely against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any amount other than the Reserved Funds; provided that the Lender has not released any portion thereof to the Developer or to any other person except as required in this Agreement. 10. The Developer shall maintain all Required Improvements for a minimum period of one (I) year after preliminary approval by the Development Services Director. After the one (1) year maintenance period by the Developer, then upon submission ora written request for inspection, the Development Services Director shall timely inspect the Required Improvements and, if the Required Improvements are found to be in compliance with the Code requirements in effect at the time of the final approval of the Plat by The Board, the Lender's responsibility to The Board under this Agreement shall terminate. The Developer's responsibility for maintenance of the Required Improvements shall 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 County, the Developer and Lender, and the respective successors and assigns of the County, the Developer, and the Lender. (Signatures appear next page) P:~2001 PROJECTS~01-01$0.00 SUMMIT PLACE IN NAPLES\000I GENERAL CONSULTATION ~4177~CONSTRUCTION, MAINT & ESCROW AGREEMENT. DOC 032503 10:05 3 I¥\ 16A8 IN WITNESS WHEREOF, The Board and the Developed?ye caused this ABreement to be executed by their duly authorized representatives this ~ day of WITNESSES: nnt Name WATERWAYS JOINT VENTURE IV, a Florida general partnership By: WATERWAYS AT HIBISCUS, LTD., a Florida limited partnership, Partner By: WATERWAYS DEVELOPMENT, INC., General Parmer By: Richard Davenport, President WACHOVIA BANK NATIONAL ASSOCIATION, a national banking association Albert Fils, Senior Vice-President (Signatures continue next page) P:~2001 PROJECTS~01-0150.00 SUMMIT PLACE IN NAPLES~0002 GENERAL CONSULTATION #4177~CONSTRUCTION, MAINT & ESCROW AGREEMENT. DOC 032503 10:05 4 16A8 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Attest: DwJ. gh~ E.: Brock, C'~erk Attest ms to signature onll. Approved as to fora and legal sufficiency. ~.~ ~ (IL ~ .[~ '~,~,hC~,'Coun, Attorney P:~.001 PROJECTS\01-0150.00 SUMMIT PLACE IN NAPLES\0002 GENERAL CONSULTATION $~417'ACONSTRUCTION, MAINT & ESCROW AGREEMENT. DOC 032503 10:05 5 CONSULTING Surveyors & Mappers, ..l- ~. · · ,../- -l. Planners, & Project Managers SUMMIT PLACE IN NAPLES SANITARY SEWER POTABLE WATER STORM DRAINAGE PAVING EARTH WORK PRELIMINARY OPINION OF PROBABLE COST SUMMARY SUBTOTAL Contingency (10% of subtotal) TOTAL INCLUDING 10% CONTINGENCY $339,085.00 $216,970.20 $200,550.00 $468,150.00 $912,998.00 $2,137,753.20 $213,775.32 $2,351,528.52 RWA Opinion of Probable Cost SPIN 3-8-03 3/1 110'3 CONSULTING Surveyors & Mappers, ~ ~.. · · ~- ..!. Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST Project: Hibiscus Village 01-0150 Estimated By: Carolina Matiz=Pardo Checked By: Jamey Anderson SANITARY SEWER DESCRIPTION 16A8 ,i COST 8" PVC Sanitary Sewer Main (0'-6' cut) 8" PVC Sanitary Sewer Main (6'-8' cut) 8" PVC Sanitary Sewer Mare (8'-10' cut) 8" PVC Sanitary Sewer Main (10'-12' cut) 4' diameter Manhole (3'-6' depth) 4' diameter Manhole (6'-8' deptl0 4' diameter Manhole (8'-10' depth) 4' diameter Manhole (12'-14' depth) Pump Station 4" PVC Force Main (C-900, Class 150, DR 18) 4" PVC Force Main (C-900, Class 200, DR 14) Hot Tap existing 6" PVC Sanitary Sewer Lateral 6" Double Clean-out Air Release Valve Television Inspection Jack & Bore LF 3,750 LF 700 LF 600 LF 550 EA 17 EA 2 EA 2 EA 2 EA 1 LF 4,000 LF 100 EA 1 LF 4,100 EA 115 EA 2 LS 1 LF 50 $15.00 $56,250.00 $17.50 $12,250.00 $22.50 $13,500.00 $23.00 $12,650.00 $1,585.00 $26,945.00 $2,100.00 $4,200.00 $2,910.00 $5,820.00 $4,700.00 $9,400.00 $60,000.00 $60,000.00 $8.00 $32,000.00 $10.50 $1,050.00 $2,800.00 $2,800.00 $11.00 $45,100.00 $320.013 $36,800.00 $1,410.00 $2,820.00 $10,000.00 $10,000.00 $i50.00 $7,500.00 RWA Opinion of Probable Cost SPIN 3-8-03 3/11/03 CONSULTING Surveyors & Mappers, .!. ~ · · d- ~ Planners, & Project Managers 16/ 8 ,i PRELIMINARY OPINION OF PROBABLE COST Project: Hibiscus Village 014}150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson SANITARY SEWER DESCRIPTION COST I TOTAL Sanitary Sewer Sub-Total $339,085.00 RWA Opinion of Probable Cost SPIN 3-8-03 3/11/03 CONSULTING Surveyors & Mappers, -l.. ~ · · ../- .I. Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST Project: Hibiscus Village 01-0150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson IRRIGATION DESCRIPTION UNIT 4" PVC Irrigation Main (C-900, Class 150, DRI8) 4" PVC Irrigation Main (C-900, Class 200, DR 14) 8" PVC Imgation Main (C-900, Class 150, DR 18) 8" PVC Irrigation Main (C-900, Class 200, DR 14) 4" Gate Valve W/Box 4" Plug Air Release Valve Remove plug and connect Irrigation Main 8" Sleeve Irrigation Sub-Total LF LF LF LF EA EA EA EA LF IQUANTITY ] UNIT COST TOTAL $6.54 $0.00 $8.95 $0.00 $11.96 $0.00 $13.73 $0.00 $464.20 $0.00 $250.00 $0.00 $1,010.50 $0.00 $409.36 $0.00 $15.00 $0.00 $0.00 RWA Opinion of Probable Cost SPIN 3-8-03 CONSULTING Surveyors & Mappers, .!. ~ · · =/..!. Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST Project: Hibiscus Village 01=0150 Estimated By: Carolina Matlz-Pardo Checked By: Jamey Anderson POTABLE WATER DESCRIPTION 3" PVC Conduit 1" Water Service 8" PVC Water Main (C-900, Class 150, DR 18) 8" PVC Water Main (C-900, Class 200, DR 14) Fire Hydrant and Valve 8" Gate Valve w/box Air Release Valve Temporary Blow-off 3/4" Water Meter Hot Tap existing PVC Water Main Temporary Backflow Preventer Potable Water Sub-Total LF 2,400 LF 4,187 LF 5,600 LF 100 EA 13 EA 8 EA 2 EA 2 EA 230 EA 1 EA I $2.50 $6,000.00 $10.00 $41,870.00 $12.00 $67,200.00 $14.00 $1,400.00 $2,500.00 $32,500.00 $825.00 $6,600.00 $1,010.00 $2,020.00 $1,237.90 $2,475.80 $208.28 $47,904.40 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $216,9'/0.20 RWA Opinion of Probable Cost SPIN 3-8-03 3/11/03 CONSULTING Surveyors & Mappers, ~ ~,. · · ./..I., Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST IProject: Hibiscus Village 01-0150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson STORM DRAINAGE DESCRIPTION 16/l 8 12" ADS PVC 15" PCP 18" RCP 24" RCP 18" Flared End 24" Flared End Valley Gutter Inlet Yard Inlet Junction Box Control Structure Storm Drainage Sub-Total LF 1,200 LF 400 LF 1,800 LF 900 EA 11 EA 6 EA 22 EA 11 EA 12 EA 1 $10.00 $12,000.00 $20.00 $8,000.00 $22.00 $39,600.00 $30.00 $27,000.00 $950.00 $10,450.00 $1,210.00 $7,260.00 $1,920.00 $42,240.00 $500.00 $5,500.00 $4,500.00 $54,000.00 $6,500.00 $6,500.00 $200,5~0.00 RWA Opinion of Probable Cost SPIN 3-8-03 3/I 1/03 CONSUL'T'ING Surveyors & Mappers, ..!. ~.. ~' · -/- ~ Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST IProject: Hibiscus Village 01-0150 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson DESCRIPTION Lake Excavation Place & Compact Fill Clearing (Bum-on-Site) Sod Lake Banks (12' wide except Littoral) Sod Perimeter Berm [ U~T I QUANTITYI UNIT COST CY 211,714 $2.00 CY 146,600 $2.50 AC 48 $2,500.00 LF 5,000 $0.35 LF 6,600 $0.20 TOTAL $423,428.00 $366,500.00 $120,000.00 $1,750.00 $1,320.00 Earthwork Sub-Total $912,998,00 RWA Opinion of Probable Cost SPIN 3-8-03 3/11/03 ?'z 6A8 CONSULTING Surveyors & ~-%appers, ~ ~.. W W =./- ~l~ Planners, & Project Managers PRELIMINARY OPINION OF PROBABLE COST FProiect: Hibiscus Village 01-01S0 Estimated By: Carolina Matiz-Pardo Checked By: Jamey Anderson PAVING & GRADING DESCRIPTION Valley Gutter Type A Curb Type F Curb 1 1/2" Asphaltic Concrete (Type S-111) 8" Limerock Base (LBR 100) 12" Stabilized Subgrade (LBR 40) 5' Concrete Sidewalk Si~m~ing and Striping Turn Lane CR 951 Paving Sub-Total I cr~XT I QVA~TXTYI UNIT COST LF 11,200 $6.09 LF 770 $9.00 LF 320 $12.00 SY 17,700 $4.00 SY 17,700 $5.00 SY 21,600 $1.80 LF 11,200 $10.00 LS 1 $5,000.00 EA I $75,000.00 TOTAL $67,200.00 $6,930.00 $3,840.00 $70,800.00 $88,500.00 $38,880.00 $112,000.00 $5,000.00 $75,000.00 $468,150.00 RWA Opinion of Probable Cost SPIN 3-8-03 3111/03 MEMORANDUM Date: To: From: Re: April 24, 2003 Trinity Caudill, Planning Technician Current Planning Department Marie Clos, Deputy Clerk Minutes & Records Department Resolution 2003-151 Continuing Regional Coordination Efforts between Staff of Collier County MPO and the Lee County MPO (Item 16B1) Please find enclosed 2 original Resolutions 2003-151 as referenced above which were approved by the Board of County Commissioners on April 22, 2003. If you have any questions, please feel free to contact me at 774-8411. Thank you. Enclosures RESOLUTION NO. 2003- 151 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING CONTINUING REGIONAL COORDINATION EFFORTS BETWEEN THE STAFF OF THE COLLIER COUNTY MPO AND THE LEE COUNTY MPO. Whereas, Metropolitan Planning Organizations (MPO's) are the duly designated and constituted agencies responsible for carrying out the urban transportation planning and programming processes for urbanized areas; and Whereas, the elected and appointed officials comprising the policy boards of the Collier County iMPO, which includes all five Collier County Commissioners, and the Lee County MPO both recognize the benefits of regional cooperation; and Whereas, the members of the Collier County MPO and the Lee County MPO have previously voted unanimously for their respective staffs not to pursue consolidation of the MPO's or plans that would alter the present MPO Planning boundaries; and Whereas, the members of the Collier County iMPO and the Lee County MPO have previously voted unanimously for their staffs to coordinate transportation planning and policy activities in this bi-county region to promote regional transportation solutions and enhance overall regional transportation system efficiency using a straightforward, resourceful method; and Whereas, the staff and members from both the Collier and Lee County MPO's currently coordinate regional transportation issues by collaborating at meetings such as the Metropolitan Planning Organization Advisory Council (MPOAC), Coordinated Urban Transportation Studies (CUTS), and the Southwest Florida Regional Planning Counci! (SWFRPC); and Whereas, the members of the Collier County MPO and the Lee County MPO concur that if an issue can not be resolved through staff interaction, staff will organize a joint meeting of the MPO Boards to resolve said matter. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Board of County Commissioners requests its Metropolitan Planning Organization staff and the Lee County Metropolitan Planning Organization staff to continue coordination efforts by serving as voting members of each other's Technical Advisory Committees, and to effectively coordinate regional transportation solutions utilizing existing organizational structures, as stated in Joint Resolution 2003-1 of the Collier County MPO and Lee County MPO regarding Regional Coordination, which is attached and incorporated by reference. , In furtherance of Joint Resolution 2003-1, the Collier County Board of County Commissioners requests its Metropolitan Planning Organization staff and the Lee County Metropolitan Planning Organization staff to organize joint Metropolitan Planning Organization Policy Board meetings at least annually, as stated therein. Page 1 of 2 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~o~. day of_j~~ 2003. , Dwight E. Brock ATTEST: By:.~ Deputy Clerk Approved ,as to.form and legal sufficiency: Jennifer ~. ]~elpedio? Assistant County Attorney BOARD OF C{~JNTY C(~MMISSIONERS Tom Henning, Chairperson Attest as to Chairman's Page 2 of 2 JOINT RESOLUTION NO. 2003-1 16B1 A JOINT RESOLUTION OF THE COLLIER COUNTY MPO AND LEE COUNTY MPO REGARDING REGIONAL COORDINATION. Whereas, Metropolitan Planning Organizations (MPOs) are the duly designated and constituted agencies responsible for carrying out the urban transportation planning and programming processes for urbanized areas; and Whereas, the elected and appointed officials comprising the policy boards of the Collier County MPO and the Lee County MPO recognize the benefits of regional cooperation; and Whereas, on October 17, 2002, at a joint meeting, the members of the Collier County MPO and Lee County MPO voted unanimously for staff not to pursue consolidation of the MPOs or plans that would alter the present MPO Planning boundaries; and Whereas, on October 17, 2002, at a joint meeting, the members of the Collier County IV[PO and Lee County MPO voted unanimously for staff to coordinate transportation planning and policy activities in this bi-county region to promote regional transportation solutions and enhance overail regional transportation system efficiency using a straightforward, resourceful method; and Whereas, staff and Board members from both the Collier and Lee County MPOs currently coordinate regional transportation issues by collaborating at meetings such as the Metropolitan Planning Organization Advisory Council (MPOAC), Coordinated Urban Transportation Studies (CUTS), and the Southwest Florida Regional Planning Council (SWFRPC); and Whereas, the members of the Collier County MPO and Lee County IV[PO concur that if an issue is irresolvable, staff will organize a joint meeting of the MPO Boards to resolve said matter. NOW THEREFORE, BE IT RESOLVED BY THE CO1 l.mR COUNTY METROPOLITAN PLANNING ORGANIZATION AND THE LEE COUNTY METROPOLITAN PLANNING ORGANIZATION, that: In order to coordinate regional transportation solutions effectively utilizing existing organizational structures, the Collier County Metropolitan Planning Organization Staff and the Lee County Metropolitan Planning Organization Staff will continue coordination efforts by having a member of each MPO staff serve as a voting member of each other's Technical Advisory Committee. Collier.,,County Metropolitan Planning Organization staff and the Lee County Metropolitan Planning Organization staff are authorized to organize joint Metropolitan Planning Organization Policy Board meetings at least annually. AGENDA IT, EM APR 2 2 2003 pg. PASSED AND DULY ADOPTED bY the Collier County MPO, Collier County, Florida this !~,1~ day of ~;6b, 2003. COLLIER COUNTY MP~ BOARD ' By Council~n0~I~chXXa~airm'an, Collier County IV[PO By: Diane r~agg, Director, Alternative Transportation Modes Collier County Transportation Services (Collier County MPO staff agency) Approved as to form and legal sufficiency: Jennifer Belpedi~ Assistant County Attorney pA..S.SE. 9~AND DULY ADOPTED by the Lee County MPO, Lee County, Florida this ~ day o~D03. LEE COUN~Y'~PO B~OARD Councilman Dick Walsh, Chairman, Lee County MPO ATrEST: By: ~-~~ David Burr, Executive Director Southwest Florida Regional Planning Council (Lee County MPO staff agency Ap. proved as to form and · ,-Ai-~drca Fraser ~1 {~ ~_~ t,..~_Assistant County Attorney AG F_,N Dp, IIEM APR 2 2 2OO3 Pg. 16B2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF MARCH 24, 2004 MEMORANDUM Date: To: F rom: May 27, 2003 Lyn Wood Purchasing Department Trish Morgan, Deputy Clerk Minutes & Records Department Contract #03-3453 "Transfer Road Improvements: Contractor: Better Roads, Inc. Enclosed are three original documents, as referenced above (Agenda Item #16B4), approved by the Board of County Commissioners on Tuesday, April 22, 2003. An original was kept for the Minutes and Records Department, while another was sent to the Finance Department. If you should have any questions, you may contact me at ext. 8406. Regards, Enclosures DATE: TO: FROM: REi Memorandum May 23, 2003 Sheree Mediavilla, Senior Analyst Risk Management Department ~, Lyn M. Wood, C.P.M. Purchasing Agent Review of Insurance for: Contract #03-3453 -- "Transfer Road Improvements" Contractor: Better Roads This Contract was approved by the BCC on April 22, 2003; Agenda Item 16.B.4. Please review the Insurance Certificate and Paymem and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. CC: Dan Hall. Transportation Operations htA¥ 2 3 2003 RISK t. iglq EIqEIqT TRANSFER ROAD IMpRovEMENTs COLLIER COUNTY BID NO. 03-3453 COLLIER COUNTY, FLORIDA (Transportation Projects) Design Professional: Johnson Engineering COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 1/17/2003 2:58 PM B. C. D. E. TABLE OF CONTENTS PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) INSTRUCTIONS TO BIDDERS BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS AGREEMENT AGREEMENT EXHIBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT El: EXHIBIT F: EXHIBIT G: EXHIBIT Gl: EXHIBIT G2: EXHIBIT H: EXHIBIT HI: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHIBIT L: Performance and Payment Bond Forms Insurance Requirement Form Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Substantial Completion Form Final Payment Checklist Certificate of Final Completion Warranty General Terms and Conditions Dispute Resolution Procedure Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by Johnson Engineering, Inc. and identified as follows: Transfer Road Improvements as shown on Plan Sheets 1 through 22. 1/21/2003 4:28 PM PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY)' INVITATION TO BID COLLIER COUNTY, FLORIDA 168:4 Transfer Road Improvements COUNTY BID NO. 03-3453 Separate sealed proposals for the construction of Transfer Road Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 28th day of February, 2003, at which time all proposals will be publicly opened and read aloud. Any bids ~-eceived after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held in the Purchasing Conference Room at '1'1:00 A.M. on the 14th day of February 2003, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Transfer Road Improvements, County Bid No. 03-3453 and Bid Date of February 28, 2003". No bid shall be considered unless it is mad6 on the Bid Schedule which is included in the Bidding Documents` The Bid Proposal (TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of Transportation DeSign Operations, 2705 S. Horseshoe Drive, Naples, Florida or at the.Purchasing Department, Purchasing Building, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 239-774-8407, upon payment of $75.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 TR-PN-1 1/22/2003 10:21 AM 16B Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds,' Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida, Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work~ the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to d~termine the performance record and ability of the apparent Iow Bidder to perform the size and type of Work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The SuccessfUl Bidder shall be required to finally complete all Work within ninety (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 24th day of January, 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Stephen Y. Carnell Purchasing Director TR-PN-2 1/21/2003 4:30 PM PART B - INSTRUCTIONS TO BIDDERS Section 1, Definitions - 1.1 The term "Owner" used herein refers to' the 'Board of County Commissioners, or its duly authorized representative. - 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the - project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design - Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response - to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder - who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. - 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. - 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the _ Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P-1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date 'and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail,' East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR-IB-1 1/17/2003 2:58 PM Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers'check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit insurance Corporation, or Bid Bond, i'n an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (i0) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the. expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the execUted Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Prol3osals. 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. TR-IB-2 1/17/2003 2:58 PM 1694 Bid proposals by a partnership must be executed in the partnership name and signed by a under the signature and the official address of the _ 5.2 general partner whose title must appear partnership must be shown below said signature. - 5.3 If Bidder is an individual, its signature shall be inscribed. an officer of corporation or general partner of - 5.4 If signature is by an agent or other than partnership, a properly notarized power of attorney must be submitted With the Bid. - 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6, Withdrawal of Proposals - Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a - Bidder to file ~ new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, s~all be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 I;t shall be the responsibility of each Bidder to ascertain1 prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR-IB-3 1/17/2003 2:58 PM 8.3 8.4 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; Become familiar with all federal, state and local laws, ordinances, rules, and affecting performance of the Work; and Correlated all of its observations with the requirements of Bidding documents. regulations No plea of ignorance of conditions 'or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra, compensation or for an extension of time. 9.2 The Owner will make copies of. surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its oWn expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities .Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR-IB-4 1/17/2003 2:58 PM set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation fo~' such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest With the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR-IB-5 1/17/2003 2:58 PM Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed resPonse to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14, Exclusion of County Permits in Bid Price~ 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not is'sued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1~ To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner When determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held bY the individual and/or firm for cause. 1/17/2003 2:58 PM TR-IB-6 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http ://to.collier.fi.us ADDENDUM DATE: TO: FROM: February 25, 2003 Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 3- Bid #03,3453- "Transfer Road Improvements" Addendum #3 covers the following change for the above-referenced Bid: Replace: the Contract Proposal page TR-P-2 from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. If you require additional information please call Dan Hall, Transportation Design Operations Department at 239/659-5763 or me at 239/732-2667or by e-mail at LynWood@colliergov. net. cc: Dan Hall, Transportation Design Operations Chris Hagan, Johnson Engineering BID PROPOSAL TRANSFER ROAD IMPROVEMENTS BID NO. 03-3463 COUNTY PROJECT NO, 69100 TRANSFER ROAD Item No. Description Unit 101-1 101-1-1 101-1-2 102-1 102-99 104-10 104-12 104-13-1 110-1-1 120-1 120-6 160-4 285-706 331-2 425-1~ 425-1-321 425-1-551 425-1-910 425-2-73 430-11-325 430-11-333 520-1.10 520-3 522-1 550-74-2 570-2 575-I-3 700-40-1 700-46-11 700-46-22 711-4 711-7 MOBILIZATION LS MAINTAINING AND PROVIDING "AS-BUIL"F' PLANS LS PROVIDING CONSTRUCTION SURVEYING AND LAYOUT LS MAINTAINENCE OF TRAFFIC LS VARIABLE MESSAGE SIGN BOARD DAYS BALED HAY OR STRAW BALE STAKED TURBIDITY BARRIER LF STAKED SILT FENCE LF CLEARING AND GRUBBING LS REGULAR EXCAVATION CY EMBANKMENT CY TYPE "B" STABILIZATION SY OPTIONAL BASE, 8" LIMEROCK BASE SY ASPHALTIC CONCRETE TYPE S (3/4" TYPE S-Ill, 1-1/4" TYPE S-l) SY MODIEY. EXISTING DRAINAGE STRUCTURE EA INLETS, CURB TYPE P-2, <10' EA INLETS, DITCH BOTTOM TYPE E, <10' EA INLETS, CLOSED FLUME EA MANHOLES, J-7, PARTIAL EA PiPE CONCRETE CULVERT, STORM SEWER, CLASS III, 18" LF PIPE CONCRETE CULVERT, STORM SEWER, CLASS Ill, 30" LF CONCRETE CURB AND GUTTER, TYPE F LF CONCRETE VALLEY GUTTER, 3' WIDE LF CONCRETE SIDEWALK, 4" THICK SY REPLACE EXISTING FENCE LF SEEDING AND MULCHING SY SODDING SY SIGN, SINGLE POST, <12SF EA EXISTING SIGN, REMOVE, SINGLE POST EA EXISTING SIGN, RELOCATE, MULTI-POST EA DIRECTIONAL ARROWS, THERMOPLASTIC EA PAVEMENT MARKING REMOVE, THERMOPLASTIC SF Estimated Quantity Unit Price Amount 1 1 1 1 50 15 81 8021 1 1518 3182 13221 8887 8939 1 3 2 1 48 585 560 299 1423 1530 4492 2073 3 2 4 25 419 $ $ $ $ $ $ $ $ $ $ $ $ $ ~ $ $ $ $ $ $ $ $ $ TR-P-2 COLLIER COUNTY GOVERNMENT !6B4 PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DMSION 3301 EAST TAMIAMI TRAIL . PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http://co.col]_ier.fi.us ADDENDUM DATE: TO: FROM: February 24, 2003 Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 2 - Bid #03-3453 - "Transfer Road Improvements" Addendum #2 covers the following change for the above-referenced Bid: Replace: the Contract Proposal page TR-P-2a from the original attached revised Proposal Pages. Bidders must use Proposal Page in order to be considered for award. packet with the the Addendum If you require additional information please call Dan Hall, Transportation Design Operations Department at 239/659-5763 or me at 239/732-2667or by e-mail at LynWood@colliergov.net. cc: Daniel Hall, Transportation Design Operations Chris Hagan, Johnson Engineering 711-35-121 711-35-181 711-35-241 711-35-61 711-35,-81 711-36-61 737-70-1 1644.813 BASE BID TRAFFtC SOLID STRIPE, THERMOPLASTIC, WHITE 12" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 18" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 24" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 6" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE 8" TRAFFIC SOLID STRIPE, THERMOPLASTIC, YELLOW, 6" UTILITY LOCATES - UNDERGROUND RELOCATE EXISTING FIRE HYDRANT LF 619 LF 60 LF 134 LF 7193 LF 165 LF 6350 EA 10 EA 1 TRANSFER ROAD TOTAL: Addendum#2 $ $ TR-P-2a COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http ://co.collier.fl.us ADDENDUM DATE: February 24, 2003 TO: FROM: interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 1 - Bid #03-3453- "Transfer Road Improvements" Addendum #1 covers the following change for the above-referenced Bid: Change: The bid due date from February 28, 2003 to March 7, 2003. Replace: the Contract Proposal pages Tr-P-2 and TR-P-2b from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. Attached are the following: 1. Questions posed at the February 14, 2003 pre-bid and received from potential bidders as well as responses to those questions. 2. Sign-in sheets from the pre-bid held on February 14, 2003. 3. City of Naples Airport Authority Security Notes 4. Naples Airport Authority Employee Guidelines for Contractor and Consultant Training and ID Badges. If you require additional information please call Dan Hall, Transportation Design Operations Department at 239/659-5763 or me at 239/732-2667or by e-mail at LynWoodC, colliergov.net. cc: Daniel Hall, Transportation Design Operations Chris Hagan, Johnson Engineering BID PROPOSAL TRANSFER ROAD IMPROVEMENTS BID NO. 03-3463 COUNTY PROJECT NO. 69100 Addendum #1 TRANSFER ROAD Item No. lO1-1 lO1-1-1 lO1-1-2 lO2-1 104-10 104-12 104-13-1 110-1-1 120-1 120-6 285-706 331-2 Description MOBILIZATION MAINTAINING AND PROVIDING "AS-BUILT" PLANS PROVIDING CONSTRUCTION SURVEYING AND LAYOUT ' MAINTAINENCE OF TRAFFIC BALED HAY OR STRAW STAKED TURBIDITY BARRIER STAKED SILT FENCE CLEARING AND GRUBBING REGULAR EXCAVATION EMBANKMENT TYPE "B" STABILIZATION OPTIONAL BASE, 8" LIMEROCK BASE ASPHALTIC CONCRETE TYPE S (3/4" TYPE S-Ill, 1-1/4" TYPE S-l) 425-11 MODIFY EXISTING DRAINAGE STRUCTURE .............. 425-.1.321 _ JNLETS,-CURBTYPE P.2,-<10'- ......... 425-I-551 INLETS, DITCH BOTTOM TYPE E, <10' 425-1-910 425-2-73 430-11-325 430-11-333 520-1 - 10 520-3 522-1 550-74-2 570-2 575-1-3 700-40-1 700-46-11 70O-46-22 711-4 711-7 INLETS, CLOSED FLUME MANHOLES, J-7, PARTIAL PIPE CONCRETE CULVERT, STORM SEWER, CLASS Ill, 18" PIPE CONCRETE CULVERT, STORM SEWER, CLASS III, 30" CONCRETE CURS AND GUTTER, TYPE F CONCRETE VALLEY GUTTER, 3' WIDE CONCRETE SIDEWALK, 4" THICK REPLACE EXISTING FENCE SEEDING AND MULCHING SODDING SIGN, SINGLE POST, <12SF EXISTING SIGN, REMOVE, SINGLE POST EXISTING SIGN, RELOCATE, MULTI-POST DIRECTIONAL ARROWS, THERMOPLASTIC PAVEMENT MARKING REMOVE, THERMOPLASTIC Unit LS LS LS LS BALE LF LF LS CY CY SY SY 8¥ LF L~ LF SY SY SY SF Estimated Q~uantity 1 1 1 1 15 81 6o21 1 1518 3182 13221 8887 8939 1 .-1 3 2 1 48 585 560 299 1423 1530 4492 2073 3 2 4 25 419 $ $ $ $ S $ $ $ $ $ $ S $ $ $ $ $ $ $ $ $ $ Unit Price Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TR-P-2 LOT 718 AND LOT 29 DRIVEWAYS Item No. Descflptlon BID PROPOSAL TRANSFER ROADIMPROVEMENTS BId No. 03-3453 COUNTY PROJECTNO. 69100 Unit 101-1 102-1 104-10 104-13-1 110-1-1 120-1 120-6 160-4 285.705 33%2 339-1 4GO-z,-2 410-70-84 425-1-92 430-11-329 MOBILIZATION LS MAINTENANCE OF TRAFFIC LS BALED HAY OR STP, AW BALE STAKED SILT FENCE LF CLEARING AND GRUEBING LS REGULAR EXCAVATION CY EMBANKMENT CY TYPE "E" STABILiZATiON SY OPTIONAL BASE, 8" LIMEROCK EASE SY ASPHALTIC CONCRETE TYPE S (3/4" TYPE S.IIr, 1-1/4" TYPE S-l) SY ASPHALTIC PAVEMENT MISCELLANEOUS, 2" THICK TN CLASS IV CONCRETE, ENDWALLS, FDOT INDEX 290 LF PRECAST CONCRETE BOX CULVERT, 4' X 8' LF CONCRETE FLUME Cra P/PE CONCRETE CULVERT, STORM SEWER, CLASS ltl, 24" LF .... - --430-98 ......... MITERED-END SECTION,~4"- ...................... EA ~ 520-1-10 530-3-3 536-1 570-2 575.1-3 700-40-1 700-48-2 711-35-241 711-35~1 738-72-11 737-70-1 CONCRETE CURB AND GUTTER, TYPE F LF - RIPRAP, RUEBLE TN GUARDRAIL LF SEEDING AND MULCHING SY SODDING SY SIGN, SINGLE POST, <12SF EA EXISTING SIGN, RELOCATE EA TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 24" LF TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 6" LF RELOCATE EXISTING WATER SERVICES, METERS, AND BACKFLOW PREVENTER AT NORTH END OF LOT 29 DRIVEWAY (SIZE OF BFP IS APPROY~ 1" - 1 1/2") UTILITY LOCATES - UNDERGROUND Estimated Unit Price quantity Addendum #1 1 1 143 532 1 5~ 706 2479 1730 2125 130 ~4o Amount 908 57 175 657 467 7 1 84 224 LS 1 EA 5 DRIVEWAYS TOTAL: $ S $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TR-P-2b Transfer Road Improvements - Addendum #1 Bid No. 03-3453 NOTE: Items 1 through 7 below are questions or comments that were discussed at the Pre- Bid Meeting held on February 14, 2003. The questions and/or comments are not verbatim, but are paraphrased based on notes taken during the pre-bid meeting. Can the time allotted for construction completion be extended? Response/Clarification- Yes, the construction schedule has been extended to 120 days for substantial completion and 150 days for final completion. Have the utility companies received plans of the proposed improvements? Response/Clarification - Yes, copies of the plans have been submitted to all the utility companies with facilities in the area. Following is a list of the utility companies: Sprint FPL Collier County Utilities City of Naples Water Department Can a pay item be added for utility locates? Response/Clarification: Pay items for utility locates have been added for the project in the revised~bid proposal sheets. The pay item number is 737-70-1. -~ What are the extents of the fence relocation is the contractor to reuse the existing fence, and are there any security issues regarding the Airport? Response/Clarification- The fence will be replaced between Stations 100+00 and 105+90 and between Stations 113+89 and 122+91 as shOwn in the plans. Contractor can adjust fence alignment with County project manager approval. The cost of replacing the fence will include the necessary clearing and grubbing for construction. The Contractor will leave no gaps in the fence when off site. The gates in the replaced section of fencing will be salvaged and reused on the site the gate posts will be replaced (the gate post cost should be included in the fencing cost). The contractor must also abide by the attached security notes provided by the Naples Airport Authority when working on the fence ,relocation. Will Variable Message Signs be requested? Response/Clarification: A pay item for Variable Message Signs has been added to the Transfer Road bid proposal with an estimated quantity of 60 days. The pay item number is 102-99. It is not possible to have the same bid prices for lump sum pay items that are in the Transfer Road bid and in the alternate bid. Response/Clarification: On page TR-CA-I-1 of the contract documents, rev/se the condition to read "Proposal page TR-P-2b shall be an Add Alternate Bid for the base bid of Transfer Road. The bid prices for like items in the base bid and the alternate bid shall be the same excepting lump sum items". 7. Will it be possible to adjust the contract price for asphalt if oil prices increase? Response/Clarification: Adjustment of contract prices to compensate for increases in the price ofoil will be handled in accordance with FDOT standards. On page TR-CA-J-I-17 in the contract documents, delete Sub article 9-2.1. 8. Please provide clarification of the MOT plan. Is it acceptable to close the entire roadway during the construction of the roadway base? Response/Clarification: The intent of the phasing plan was to have Phase I and the Lot 8 driveway constructed frrst so that the length of Transfer on which traffic must be maintained during construction is limited to the 900+/- feet within Phase I. There are facilities on Transfer Road west of the project limits that have no other access. Therefore, the entire roadway cannot be closed. 9. Separate pay items for Mobilization, Maintenance of Traffic, and Clearing and Grubbing have been added to the alternate bid proposal for the driveways. ..... _10._Pay&em -1644-813 has been added for .relocating the existing-fire-hydrant on Transfer-Road in front of the transfer station. 11. On the bid proposal for the alternate bid for the driveways, pay item 736-71 has been changed to 736-72 and the description has been changed to clarify that it includes relocating all existing water services, meters and backflow preventer at the north end of the lot 29 driveway necessary to complete the driveway construction. The size of the existing backflow preventer is approximately 1-1/2". NON-MANDATORY PRE-BID CONFERENCE BID NO. 03-3453 Transfer Road Improvements 11:00 am ON February 14, 2003 PURCHASING DEPARTMENT CONFERENCE ROOM PLEASE PRINT t Mailing Address: t City, State: tL//l,p ~a.,~q ZiP: Telephone: (~'~') Number:7 ) Nai'ne: Company: Mailing Address: City, State: Telephone: ( Fax Number: ( Zip: Name: Cp~gpany: Mailing Address: City, State: ~. /ff/)~,~ ~/, Zip: 335/_.5 Telephone: (~;5,:/) ~ ?- ;> ?t. -~ Fax Number: (Z.~,C?) 2~t. 'r .- ~ r4 ~; G. Nanl e: Company: Mailing Address: City, State: Telephone: ( Fax Number: ( Zip: NalTle: Company: . Mailing Address: City, State: /v/vP-¢~,,'~ ,~z- Zip: Telephone: ( fy/ ) ¥0'% Yb,~ FaxNumber: (Y¥1 ) ,/St. NalTle: Company: Mailing Address: City, State: Zip: Telephone: ( ) Fax Number: ( ) i Name: Nam e: Company: Mailing Address: Telephone: ( Fax Number: (2~'q Zip: Company: Mailing Address: City, Stae: Zip: Telephone: ( ) Fax Number: ( ) NON-MANDATORY PRE-BID CONFERENCE BID NO. 03-3453 Transfer Road Improvements 11:00 am ON February 14, 2003 PURCHASING DEPARTMENT CONFERENCE ROOM PLEASE PRINT !6B4 Mailing Ad&ess: __ City, State: Telephone: (~.~_.g~) Fax N~ber: (~) ~7 -/~7 Company: Mailing Address: City. State: Telephone: ( Fax Number: Zip: Company: Mail~g Ad.ess: Ci~, State: M ~p J~S ~ ~ Zip: 3 q/o P Telephone: ( z'g~ ) 77 ¢- Cfi q~/ NalTle: Company: ' Mailing Address: City, State: [: Telephone: ( Fax Number: Zip: ~37/-~- /333 eo 3_3 Name: .-~.~ );,)~/~c'"-~ . .~_ 6'ff/.v/.// Comp=y: jr~dT~ t" Mailing Address:.. . , Ci., State: Telephone: (2~f) COUNTY DEPARTMENTS REPRESENTED Name://~ Name: Name: Name: Departm~e_ent: Department: Department: Department: City of Naples Airport Authority Security Notes Airport operations shall determine and designate which individuals will receive an AOA/SIDA ID badge. Other individuals will be granted on a case by case basis, escort only badges. The contractor shall be responsible for brie£mg all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Airport Authority. All new contractor employees shall be briefed on these requirements prior to working in the construction area. See contractor ID Badge Procedure 500-2. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the engineer and Airport Operations. All contractor traffic authorized to enter the site shall be experienced with the route and guided by contractor personnel properly badged and driver certified. The contractor shall be responsible for traffic control to and from the construction area on airport property. All vehicles will be subjected to a rigorous search when entering the security gate. All contractor's material orders for delivery to the site must be escorted by the contractor. All vehicles are subject to rigorous inspection. The material storage area, equipment storage area, parking area and o_.ther ~ea_~. defin_ed as requir-ed for ~e Contractor's exclusive use during construction shall be demarcated. The contractor shall erect and maintain around the perimeter of these areas a staked 4-foot high foreign object and debris fence, including marking and/or warning devices visible for day and night use. No private vehicles will be allowed on the AOA. The contractor's on-site supervisors shall be picture badged with airport I.D. badges provided by NAA when contractor is working inside the per/meter fence. The contractor shall provide information on form supplied by NAA for all picture badged persons requiring access to the site. All picture badged persons shall be fingerprinted. All picture badged persons shall be required to attend a SIDA class (approx. 2'hours) presented by airport operations. Upon successful completion of the I.D. badging requirements established by the Airport Operations, badges may be issued. Allow 2 weeks for I.D. issuance. All other contractor personnel and his subcontractors shall be issued a construction worker security badge supplied by the contractor and shall be under the control of picture badged persons. Badges issued by the contractor to subcontractor and contractor personnel shall be logged in by the recipients name, date of birth, and social security number. The log shall be delivered to Airport Operations each morning. All personnel shall wear the badge on outer most garment at all times while at the airport, and comply with all other requirements of the airport security plan. All employees of the contractor and subcontractor(s) requiting access to the construction site are required to be supplied with identification badges to be worn at all times. The responsibility for supply, issuance, and control of identification badges shall be that of the contractor, through the engineer and the Airport Authority. Addendum #1 Any and all F~ imposed £mes incurred by Naples .~rport Authori~ due to contractors operations and/or negligence shall be deducted from monies due the contractor. All airport issued badges shall be returned to NAA operations upon completion of the project. Any unreturned badge shall cause a fee of $25.00 per badge to be deducted from monies due the contractor. NAPLES AIRPORT AUTHORITY EMPLOYEE GUIDELINES GUIDELINE: CONTRACTOR AND CONSULTANT TRAINING AND ID BADGES DATE: DRAFT 1/9/03 PAGES: SUPERCEDES: 8/18/99 PREPARED BY: LISA LEBLANC-HUTCHINGS T]dJgNT DIB.ECTOR SIGNATURE: ~a~c(/r~ffDi~--~mt SmNXYUlm.. [] A-DMINISTI~iTI ON [] HLrlVIAN RESOURCES [] ACCOUNTING ~ OPERATIONS FAc:ll .ITIES SEGURITY PURPOSE: To provide effective coordination for airfield security and safety procedures during all airport construction projects. GENERAL INFORMATION: All consukants and contractors working at the .......... Nadp ~-S-Nffii~ i~ip-~iI-P2ifpo rt, ~h6theY~dir6~l~'-U-n-d ~ ZiShfff/6~--,grifKthe-N aTl~-~b?t .......... Authority or a tenant with an approved lease, may be required to complete several training programs, a fingerprint based Criminal Record History Check (CHRC) of employees and attend a pre-construction meeting prior to project start. The consultant/contractor should plan their project schedule wkh this in mind. The 'Director of Planning/Engineering or NAA Staff Project Manager will coordinate with the Director of Operations as to what training programs and securkY procedures are required for'each project. The Staff Project Manager shall assist the contractor employees in obtaining appropriate training and security badges. DEFINITIONS: 1. Air Operations Area (AOA) - That portion of the airport at the Commercial Aviation Terminal used by scheduled airlines and cargo handlers for passenger loading and unloading, cargo loading and unloading and surface maneuvering. This area is restricted 'to AOA/SIDA badged employees only and security is. strictly enforced. Specific vehicle requirements must also be met. 2. Non-Movement Area - Is defined as the areas of the airport where aircraft taxi, are towed, or parked without radio contact with the ATCT or with other aircraft. 1'6E)4 These ramp areas are immediately adjacent to hangars, terminal buildings _and other structures. Airport Familiarization Program - Vehicle operations in the Non-Movement Area - This 'training program focuses on increasing safety levels for both pilots and vehicle operators. This is accomplished by supplying those who drive or'work in the Non-Movement Area with the'boundaries and procedures they are required to follow when operating/working on the 'airport. Upon completion of training, a Non-Movement Area Training card is issued. Vehicular Gate Access media may also be issued upon completion of training. Movement Area- Is defined as the taxiways, runways and safety areas at Naples Municipal Airport. This area is reserved for flight operations; walking or driving in this area is prohibited, unless approved by Airport OperatiOns and a clearance is received by.ATC. A Movement Area Vehicle Operator's permit is required to be carried by all personnel operating in this area. Specific vehicle requirements must also be met. 5. Ground Vehicle Operator Training Program - A training program developed by Airport Operations, which details how to operate vehicles at the airport safely and _ _~ 9.o~plia!~ce with ~'edera!, state and_local regulations. The' training program is~ · required for all individuals who operate vehicles on the Movement Areas of the Airport. A Movement Area Vehicle Operator's Permit will be issued by the Naples Airport Authority to personnel who have a demonstrated need to operate within the Movement Areas of the airport and who have met the requirements of the Driver Training Program. o Pre-Construction Safety Meeting - A meeting to review all safety related items relative to the project. This' meeting will include a review of all potential operational impacts to the airport, including those items detailed in FAA Parts 77, 1542 & 139 and FAA Advisory Circular 150/5370-2D Operational Safety on Airports During Construction, or as amended. Security Identification Display Area (SIDA) - That portion of the airport at the Commercial Aviation Terminal used by scheduled airlines and cargo handlers for passenger loading and Unloading, cargo loading 'and unloading and surface maneuvering. This area is restricted to AOA/SIDA badged employees only and security is strictly enforced. SIDA badged individuals must undergo training and a Criminal Records History Check. 'The SIDA badge must be worn at all times above the waist when operating within this area. This badging requirement may also be extended to other areas of the airport during specific conStruction projects at the discretion of the Airport Security Coordinator. 'PROCEDURES: A. Training Requirements: The following training programs may be required to be completed by the contractor/consultant prior to project start: · Pre-Construction Safety Meeting - Required for all projects · AOA/SIDA Training - Required for access to the Commercial Terminal Ramp and other areas as designated fi:om time to time. · Ground Vehicle Operator Training Program - Required for Movement Area Access · Airport Familiarization prOgram - Vehicle Operations in the Non-Movement Area - required for general aviation ramp access and may be required for tenant area access. Some or all of the training may be accomplished in one session at the discretion of the Director or Manager of Operations.. The Ground Vehicle Operator Training Program may take several hours, depending on the complexitY of the work area and personal experience of the individual as it relates to airport operations and ATCT communications. All contractors/consultants must abide by the provisions set forth in the Airport Security Program and Airport Certification Manual. Ail Contractor vehicles must be in compliance with the provisions set forth in the ACM and applicable airport Rules & Regulations. Contractor Supervisors and those providing escorts will be issued APF AOA/SIDA ID badges only after all portions of the CRHC are completed and AOA/SIDA training is completed. The Project Manager must notify the NAA Operations Department immediately after an employee's authorization changes. Notification shall be done in writing, project Managers must retrieve badges and any keys or gate cards issued, and return them to the Director, Airport Operations, immediately. NAA is the only agency with the authority to issue, retrieve, and control APF AOA/SIDA ID badges. Only thos~ indMduals with escort privileges rr~7 provide escorts for those with unescorted movement-on the AOA/SIDA. One individual with escort privileges may escort up to three other individuals without escort privileges at any one time, provided they are engaged in similar activities .and remain within sufficient voice and sight range of the person providing the escort. Should an individual under escort engage in any type of unusual or Unauthorized activities or activity non-compliant with what their original intent/request for the escort was, the eSCort shall be immediately terminated and the individual(s) S~hould be removed bom the AOA/SIDA. Law enforcement and supervisory personnel should be mediately notifie& If maintaining visual or voice contact ceases for any reason, law enforcement and supervisory personnel should be immediately notified. A/rport Security Staff and Law Enforcement will reSPond to and assist badgeholders with the removal of escorted individuals should their escort be terminated by the individual holding escort privileges at any time for any reason. A police report should be completed of all incidents. All Individuals escorted through the sterile area when the area is open and staffed by TSA shall be screened. Individuals escorted into the sterile area without being screened shall remain under positive escort ' until they exit the sterile area or submit to screening pursuant to 49 CFR part 1544.201. · Temporary Construction Badges may be issUed to an AOA/SIDA badgeholder during certain projects, dependent upon the location of the work area. - These Temporary Construction Badges authorize each supervisor to provide positive line of sight escort privileges to their workers within the project work site only. This badge also extends all security responsibilities. ALL gates MUST remain locked at all times, .and the supervisor must remain on the work site if any workers are present. When the supervisor leaves the WOrk area, all individuals under escort with orange badges must leave as well. Contractors must fax a list daily by 9:00 AM to the Airport Security Coordinator, of all workers on-site, with their Temporary Construction Badge Number for all workers within the perimeter fence line. The fax number is (94I) 643-4084. This l/st will be verified daily through random checks by NAA staff and/or law enforcement personnel. Any discrepancies will cause the individual to be immediately removed from work site and project access w/il be jeopard~ed. Construction supervisors and all workers should remain extremely vigilant and immediately report any unusual activity to the Airport Security Department or Naples Police Department. 16Bl DATE: FAX TO (2'39) 643-4084 DAILY PRIOR TO 9:00 CONTRACTOR: TEMPORARY CONTRACTOR BADGES DAII,Y LOG The following individuals have been issued temporary badges for the date listed above. Each individual must be under positive escort at aH times by a properly AOA/SIDA badged individual Temporary badged workers DO NOT HAVE escort priVileges. ~ · AOA/SIDA Badgeholder Providing Escort Name and SSN of Temporary Badgeholder Temporary Badge Number BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Transfer Road Improvements BID NO. 03-3453 Full Name of Bidder BETTER ROADS INC. Main Business Address P.O. BOX 9979, NAPLES, FLORIDA 34101 Place of Business 1910 SEWARD AVENUE~ NAPLES~ FLORIDA 34109 Telephone No. (239,) 597-2181 Fax No. (239'~ 597-1597 State Contractor's License # cu-c056737 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) .... The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the ....proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Contractor's Date Issued Initials Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it .will take full payment the sums set forth in the following Bid Schedule: NOTE: pages. if you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal TR-P-1 -- 1 '23'2003 10:26 TRANSFER ROAD Item No. Description BID PROPOSAL TRANSFER ROADIMPROVEMENTS BID NO. 03-3453 COUNTY PROJECT NO. 69100 Unit LS LS LS LS DAYS BALE LF LF LS CY CY SY SY SY EA EA EA EA EA LF LF LF LF SY LF SY SY EA EA EA EA SF 101-1 101-1-1 101-1-2 102-1 102-99 104-10 104-12 104-13-1 110-1-1 120-1 120-6 160-4 285.706 331-2 425-11 425-1-321 425-1-551 425-1-910 425.2-73 430-11-325 430-11-333 520-1-10 520-3 522-1 550-74-2 570-2 575-1-3 700-40-1 700-46-11 700-46-22 711-4 711-7 MOBILIZATION MAINTAINING AND PROVIDING "AS-BUILT" PLANS PROVIDING CONSTRUCTION SURVEYING AND LAYOUT MAINTAINENCE OF TRAFFIC VARIABLE MESSAGE SIGN BOARD BALED HAY OR STRAW STAKED TURBIDITY BARRIER STAKED SILT FENCE CLEARING AND GRUBBING REGULAR EXCAVATION EMBANKMENT TYPE "B" STABILIZATION OPTIONAL BASE, 8" LIMEROCK BASE ASPHALTIC CONCRETE TYPE S (3/4' TYPE S-Ill, 1-1/4" TYPE S-1 ) MODIFY EXISTING DRAINAGE STRUCTURE INLETS, CURB TYPE P-2, <10' INLETS, DITCH BOTTOM TYPE E, <10' INLETS, CLOSED FLUME MANHOLES, J-7, PARTIAL PIPE CONCRETE CULVERT, STORM SEWER, CLASS III, 18' PIPE CONCRETE CULVERT, STORM SEWER, CLASS III, 30" CONCRETE CURB AND GUTTER, TYPE F CONCRETE VALLEY GUTTER, 3' WIDE CONCRETE SIDEWALK, 4" THICK RESETTING EXISTING FENCE SEEDING AND MULCHING SODDING SIGN, SINGLE POST, <12SF EXISTING SIGN, REMOVE, SINGLE POST EXISTING SIGN, RELOCATE, MULTI-POST DIRECTIONAL ARROWS, THERMOPLASTIC PAVEMENT MARKING REMOVE, THERMOPLASTIC TR-P-2 Estimated 1 1 1 1 6O 15 81 6021 1 1518 3182 13221 8887 8939 1 1 3 2 1 48 585 56O 299 1423 1530 4492 2073 3 2 4 25 419 Unit Price $32,000.00 $1.200.00 $11,000.00 $20.000.00 $25.00 $10.00 $5.oo $0.90 $33,000.00 $9.50 $12.00 $1.55 $5.75 $5.45 $610.28 $~,857,99 $1,677.56 $2.904.06 $1,226.50 $28.89 ~52.73 $8.25 $1o.5o $13.50 $8.50 $0.21 $1.45 $145,00 $25.00 $100.00 $40.00 $1.25 16gh Addendum~3 Amount $32,000.00 $1,~oo.oo $t 1 .ooo.oo $20.000,00 $1.500.00 $150.00 ~405.00 $5,418.90 ~33.000,00 $14.421.00 $38.184,00 $20.492,55 $51.100.25 ~48,717.55 $610.28 $2.857,99 $5,032.68 $5.808.12 $1.226.5O $1,386.72 $30.847,05 $4,620.00 $3,139.50 $19.210.50 $13,005.00 ~943.32 $3.005.85 ~435.00 $5O.oo ~oo.oo $1.000.00 $523.75 03-3453 Transfer Road BID PROPOSAL2 711-35-121 711-35-181 711-35-241 711-35-61 711-35-81 711-36-61 737-70-1 1644-813 TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE 12" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 18" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 24" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 6" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE 8" TRAFFIC SOLID STRIPE, THERMOPLASTIC, YELLOW, 6" UTILITY LOCATES - UNDERGROUND RELOCATE EXISTING FIRE HYDRANT 16 4 Addendum#2 LF 619 91.10 $680.90 LF 60 $2.00 $120.00 LF 134 $2.50 9335.00 LF 7193 90.40 $2.877.20 LF 165 90.65 $107.25 LF 6350 90.40 $2.540.00 EA 10 9557.50 $5.575.00 EA 1 $1.226.50 $1.226.50 TRANSFER ROAD TOTAL: $385.153.36 TR-P-2a 03-3453 Transfer Road BID PROPOSAL2 BID PROPOSAL TRANSFER ROAD IMPROVEMENTS bid no. 03-3453 COUNTY PROJECT NO. 69100 LOT 718 AND LOT 29 DRIVEWAYS Item No. Description lO1-1 1o2-1 104-10 104-13-1 110-1~1 120-1 120-6 160-4 285-708 331-2 339-1 400-4-2 410-70.64 425-1-92 430-11-329 430-98 520-1-10 530-3-3 536-1 570-2 575-1-3 700-40-1 700-46-2 711-35-241 711-35-61 736-72-11 736-71 ADD ALTERNATE MOBILIZATION MAINTENANCE OF TRAFFIC BALED HAY OR STRAW STAKED SILT FENCE CLEARING & GRUBBING REGULAR EXCAVATION EMBANKMENT TYPE "B" STABILIZATION OPTIONAL BASE, 8" LIMEROCK BASE ASPHALTIC CONCRETE TYPE S (3/4" TYPE S-Ill, 1-1/4" TYPE S-1) ASPHALTIC PAVEMENT MISCELLANEOUS, 2" THICK CLASS IV CONCRETE, ENDWALLS, FDOT INDEX 290 PRECAST CONCRETE BOX CULVERT, 4' X 6' CONCRETE FLUME PIPE CONCRETE CULVERT, STORM SEWER, CLASS Ill, 24" MITERED END SECTION, 24" CONCRETE CURB AND GUTTER, TYPE F RIPRAP, RUBBLE GUARDRAIL SEEDING AND MULCHING SODDING SIGN, SINGLE POST, <12SF EXISTING SIGN, RELOCATE TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 24" TRAFFIC SOLID STRIPE, THERMOPLASTIC, WHITE, 6" RELOCATE EXISTING WATER SERVICES, METERS, AND BACKFLOW PREVENTER AT NORTH END OF LOT 29 DRIVEWAY (SIZE OF BFP IS APPROX. 1" - 1 1/2") UTILITY RELOCATION Unit Estimated Unit Price Amount (~antity LS 1 $19.500.00 $19.500.00 LS 1 $6,50000 $6.500.00 BALE 143 $10.00 $1,430.00 LF 532 $0.90 $478.80 LS 1 $15,500.00 $15.500.00 CY 594 $9.50 $5,643.00 CY 706 $12.00 $8,472.00 SY 2479 $1.55 $3.842.45 SY 1730 $5.75 $9,947.50 SY 2125 $5.45 $11.581.25 TN 8.5 $80.00 $680.00 LF 130 $267.60 $34,788.00 LF 100 $412.55 $41,255.00 EA 2 $175.00 ~350.00 LF 140 $35.57 ~4,979.80 EA 4 $961.13 $3.844.52 LF 908 $8.25 $7,491.00 TN 57 $81.35 $4.636.95 LF 175 $46.25 $8.093.75 SY 667 $0.21 $140.07 SY 467 $1.45 $677.15 EA 7 $145.00 $1,015.00 EA 1 $75.00 $75.00 LF 84 $2.50 $210.00 LF 224 $0.40 $89.60 LS 1 $1,784.00 $1.784.00 LS 5 $557.50 $2.787.50 DRIVEWAYS TOTAL: ~195,792.34 TR-P-2b MATERIAL MAN U FACTU RERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No - change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list.. THIS LIST MUST BE - COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. CONCRETE PIPE HANSON PRECAST STRUCTURE CONCRETE ASPHALT OLDCASTLE KREHLING BETTER ROADS INC. o BETTER ROADS INC. Bidder , TR-P-3 1.'17'2003 8 PM 1684 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors - on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as - defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to -' disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid'offer. Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address Class of Work to be Performed 1. TIN,HER CONCRETE CONRTRUCTTOM CONCRETE FORT MYERS, FLORIDA 2. FLORIDA STATE UNDERGROUND UTILITY NAPLES, FLORIDA TRUTWIN INDUSTRIES, INC. FORT MYERS, FLORIDA GeE SERVICE.INC. CAPE CORAL, FLORIDA 5. KATE'S ENVIRO FENCING~INC. BONITA SPRINGS, FLORIDA STRIPING SODDING EROSION CONTROL Dated ....... 2g, 2CC2 ~ BETTER ROADS INC. Bidder JOSEPH'M. RESTINO, V.P. ~q'R-P-4 1']?'2003 2:55P3~ STATEMENT OF EXPERIENCE OF BIDDER 16 4 --The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference (Name, Company and Phone No.) 1 Rattlesnake Hammock Collier County P.W.E.D 4 Laning (239) 774-8494 2 Golden Gate Parkway 6 Laning Same as above Same as above Same as above Same ab above Same as above Same as above BETTER ROADS INC. 3 CR 951 4 Laning US41 - Davis CR 951 4 Laning G.G. Parkway - G.G. Blvd 5 Airport 6 Laning G.G. Parkway - Radio Road 6 Airport 6 Laning Cougar Drive - G.G. Parkway Pine Ridge Road 6 Laning US 41 - Airport Road ~:~eph I~. Res'tino, V.P. 01/17/2003 2:58PM TR-P-5 1684 TRENCH SAFETY ACT Bidder acknowledges that included in the various .items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost ~ (LF,SY~ 1. Simple Slope LF 911.00 $1.00 .. Sqll.OO TOTAL $ 911.00 Failure to complete the above may result in the Bid being declared non-responsive. BETTER ROADS INC. /seph~M. Restino, V.P. TR-P-6 1 1~.00~ 2:55P1~ CONFLICT OF INTEREST. 1. Bidder shall provide full disclosure of information on any work performed for private interests Within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above non-responsive. may result in the Bid being declared BETTER ROADS INC. WILL COMPLY WITH ITEMS 1 & 2 ABOVE, AND CERTIFIES TAHT NO CONFLICT OF INTEREST DOES EXIST OR WILL ARISE IF FIRM IS AWARDED A COUNTY PROJECT. Date: BETTER ROADS INC. Contractor fJosefh M. Rest~n Its Vice President TR-P-7 1684 Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: FZVE PERCENT OF AMOUNT BID dollars ($ 57~ of Ami; Bid ) iS to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site - Within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by - this Proposal within seventy (70) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Collier Joseph M. Restino , being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Joseph M. Restino , also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract'Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of Better Roads Inc. and the full names of its officers are as follows: Florida President Joe L. Turner Secretary Joan E. Johnson Treasurer Daniel J. Kelly v.P./Manager Joseph M. Restino 121/2003 4:30 PM TR-P-S and it (does) or (does not) have a corporate seal. The (name) vice President is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken June 1, 2000 , a certified copy of which is hereto attached -(strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is DATED - ?-~_r-_'=r-,- zs, 2003 , and if Corpmrmti mn legal entity Witness Witness Attest: Joan .'.~nson, Corp. Sec. Better Roads Inc. 1910 Seward Ave. Naples, Florida 34109 BY: BETTER ROADS INC Name of Bidder (Typed)..~ .  ignat'ure Joseph M. Restino Vice President Title '"¥~" · g [ ~u~r¢ ~[~rporate Seal] TR P 9 = CERTIFICATION OF TI~ SPECIAL MEETING OF THE DIRECTORS HELD ON TFIE Isw DAY OF JUNE, 2000 I hereby cerfi~ that the Directors of BETTER ROADS INC., a Florida Corporation (the "Corporation"), pursuant to the Articles of Incorporation and the by-laws of said Corporation, approved of the following Resolution: - Be it r~solved that, $oe L. Turner, President, $oseph M. Restino, Vice President, $ohn A. Clark, Vice President; be authorized-to sign construction Proposals and contracts by action of its Board of Directo~ taken Sune 1, 2000 on behalf of BETTER ROADS I~C.  hief Execudve Officer By: ~retary STATE OF Florida COUNTY OF Collier NAME: ._ The foregoing instrument was acknowledged before me this __ by Joseph M. Restino , as Vice President Better Ro~ Inc. , a Florida corporation, _ corporation. (HeJ'she is personally., known to me or has prod.ueed~ ~(nown To Me ~' '--~- ................ a'~-iS~"~ti~'ca~ibn and did (did n~') take an oath. LO,,,' '' My Commission Expires: to/t6/04 t~.& (Sig natul(~Jof ~lotar~ ~ 28th day of February ,2003, of on behalf of the (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: CC975612 TR-P-10 ,-~,,.uu~ 10:30 AM BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Fidelity and Deposit Company of Maryland Better Roads Inc. (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of ~ryland with its principal offices in the city of Schaumburg and authorized to do business in the State of ~lorida are held and firmly bound unto the Board of County Commissioners of Collier County FL (hereinafter called the Owner, in the full and just sum of ~i,,e Percent of X~ount Bid dollars ($ 5~ of Amt Bd ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors,, administrators, and assigns, jointly and severally and firmly by these presents. W. hereas, the Principal is about to submit, or has submitted to'the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Transfer Road Improvements Bid No. 03-3453 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner,.and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100%) of the total Contract pdce each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the [aw; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 2sth day of February _, 2003. 1.'23/2003 Better Roads Inc. TR-P-I 1 Principal Transfer Road Improvements Bid No. 03-3453 Local Resident Producing Agent for Fidelity and Deposit Company of Maryland Eileen C. Heard Attorney-in-fact and Florida Licensed Resident Agent N/A (Seal) Countersigned Fidelity and Deposit Company of Maryland TR-P-12 1717/2005 2:-~8 P.'%{ Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Kevin WOJTOWICZ, Peter A. THOMSON and~j,~een C. HE.~D, all of Largo, Florida, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal ~a~t~iver, for_~l~bn its behalf as surety, and as its act and deed: any and all bonds and undertakings and the executio~'~ch bondA.~denakings in pursuance of these presents, shall be as binding upon said Company, as fully and amp~l~tll inten/t:~L,.-~%l:Vpurposes, as if they had been duly executed and acknowledged by the regularly elected officers of ~,.~<~fi'hpany a~2.~ce in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on be~evin ~WICZ, Peter A. THOMSON, and Elleen C. HEARD, The said Assistant Secretary does hereby ce~at the e ~xl~a~..~t forth on the reverse side hereof is a line copy of Article VI, Section 2, of the By-Laws of said Company, ~[,~%now in IN WITNESS WHEREOF, the sai~,~-JPresiden~n~t:Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said ~ITY A~lZ~13~ ~D~POSIT COMPANY OF MARYLAND, this 17th day of July, A.D. 2001 ~ d. G. Hamilton Assistant Secretary Paul C. Rogers Vice President State of Maryland } County of Harford ss: On this 17th day of July, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 POA-F 031-4315 16 4 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, tree and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Assistant Secretary 1684 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 2. 3. 4. 5. 6. 7. The Bid has been signed. The bid prices offered have been reviewed. The price extensions and totals have been checked. The payment terms have been indicated. Any required draWings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. Any addenda have been signed and included. The mailing envelope has been addressed to: 11. 12. Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 The mailing envelope _must. be sealed and marked, with: 4::>Bid Number; <:>Project Name; <:>Opening Date. The bid will be mailed or delivered in time to be received no later than the specified openin.q date and time. (Otherwise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIBE OF THE COURIER PACKET BETTER ROAD8 INC. Comfy Name ~_/, - _,  ¢:,¢ature & Title Joseph M. Restino, V.P. Date TR-P-13 1'17'200-3 2:58P_M FeE-Z4-03. 1Z:00 From-Collier County Purchasin~ 941 ?3Z 0844 T-15Z P.002/015 F-782 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DMSION 330~. EAST TAMIA.I~ TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 htt-p ://co.c~llier.fl.us DATE: TO: FROM: ADDENDUM February 24, 2003 Interested. Bidders ~ Lyn M. Wood, C.PM. Purchasing Agent SUBJECT: Addendum # 1 - Bid #03-3453- "Transfer Road Improvements" Addendum #1 covers the following change for the above-referenced Bid: Change: The bid due date from February 28, 2003 to March 77 2003. Replace: the Contract Proposal pages Tr-P-2 and TR-P-2b from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. Affached are the following: 1. Questions posed at the February 14, 2003 pre-bid and received from potential bidders as well as responses to those questions. 2. Sign-in sheets from the pre-bid held on February 14, 2003. 3. City of Naples Airport Authority Security Notes 4. Naples Airport Authority Employee Guidelines for Contractor and Consultant Training and ID Badges. If you require additional information please call Dan Hail, Transportation Design Operations Depa~ment at 2391659-5763 or me at 239/732-2567or by e-mail at LynWood{~colliercjov.net. cc: Daniel Hall, Transportation Design Operations Chris Hagan, Johnson Engineering ~- Feb-Z4-O3~ 13:48 From-Collier County Purchasin~ 841 ?32 0844 T-164 P.DOZ/003 F-785 COLLIER COUNTY GOVERNMENT 16 4 PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DMSION 3301 EAST TAMIAMI TRAIL PURCHASING BLYILDING NAPr.~S, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 ht~p ://co.collier.~l.us ADDENDUM DATE: TO: FROM: February 24, 2003 Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 2 - Bid #03-3453 - "Transfer Road Improvements" Addendum #2 covers the following change for the above-referenced Bid: Replace: the Contract Proposal page TR-P-2a from the original attached revised Proposal Pages. Bidders must use Proposal Page in order to be considered for award, packet with the the Addendum If you require additional information please call Dan Hall, Transportation Design Operations Department at 239/659-5763 or me at 239/732-2667or by e-mail at Lv n _Wood ~ coil ier_q ov. n et, cc: Daniel Hall, Transportation Design Operations Chris Hagan, Johnson Engineering -- Feb-Z5-03 1Z=18 From-Collier County Purchasini 841 ?SZ 0844 T-185 P.OOZ/O03 F-803 COT_,I,I~R COUNTY GOVERNMENT PUR~,I4ASING DEPARTMENT 8301 EAST TANIIAMI ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http ://co .collier.fLue ADDENDUM DATE: February 25, 2003 TO: FROM: Interested Bidders Lyn M. Wood, C.P.M. Purchasing Agent SUBJECT: Addendum # 3- Bid #03-3453- "Transfer Road improvements" Addendum #3 covers the following change for the above-referenced Bid: Replace: the Contract Proposal page TR-P-2 from the original packet with the attached revised Proposal Pages. Bidders must use. the Addendum Proposal Page in order to be considered for award. if you require additional information please call Dan Hall, Transportation Design Operations Department at 239/659-5763 or me at 239/732-2667or by e-mail at _LynWood~coliiergov.net. cc: Dan Hall, Transportation Design Operations Chris Hagan, Johnson Engineering CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Better Roads, Inc. ("Contractor") of 1910 Seward Avenue, Naples, Florida 34109 a Florida corporation, to perform all work ("Work") in connection with Transfer Road Improvements, Bid No. 03-3453 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Johnson Engineering, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. - Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: five hundred eighty thousand nine hundred forty five dollars and seventy cents ($580,945.70). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the TR-CA-1 -- 4/23/2003 11:45 AM State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size - category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the -" requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its - right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement ._ Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within one hundred twenty (120) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions - thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial completion is further defined as that date the roadway is - open for traffic and all pay items have been completed and accepted by the Owner except for thermoplastic striping, punch list items, street lighting and traffic signalization burn-ins. The work shall reach final completion and be ready for final acceptance by Owner within one hundred fifty (150) -- calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, nine hundred ninety four dollars and eighty-four cents ($994.84) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of four hundred ninety-seven dollars and forty-two cents ($497.42), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it TR-CA-2 may have to seek to characterize the above noted liquidated damages as a penalty, wh~ ~e J~~ agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. - If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of nine hundred ninety-four dollars and eighty- four cents ($994.84) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is .... completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of four hundred ninety-seven "- dollars and forty-two cents ($497.42) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's _ performance of the work due to any unreasonable action or delay on the part of the County. TR-CA-3 -- 4/23/2003 11:45 AM 1684 I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit El: Exhibit F: Exhibit G: Exhibit Gl: Exhibit G2: Exhibit H: Exhibit HI: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Substantial Completion Form Final Payment Checklist Certificate of Final Completion Warranty General Terms and Conditions Dispute Resolution Procedure Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by Johnson Engineering, Inc. and identified as follows: Transfer Road Improvements as shown on Plan Sheets 1 through 22. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: TR-CA-4 4/23/2003 11:45 AM Julio Ordonez, Senior Project Manager Transportation/Design Operations 2705 S. Horseshoe Drive Naples, Florida 34104 Phone: 239-659-5763 FAX: 239-659-5787 Email: julioordonez~__.colliergov.net 1684 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Joseph M. Restino, Vice President Better Roads, Inc. 1910 Seward Avenue Naples, Florida 34109 Phone: 239-597-2181 Facsimile: 239-597-1597 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assiqns. Subject to other provisions hereof, the Agreement Shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governinq Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire A;reement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or TR-CA-5 '- 4/23/2003 11:45 AM understanding of any nature concerning the same has been entered into or will be recognized, d that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms - of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR-CA-6 -- 4/23/2003 11:45 AM IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES · ,/' FIRS1' WITNESS' ype/Print Name ' $~COND WITNESS Type/Print Name Date: BETTER ROADS, INC. Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" 'Type/Prin-t Name and title ' , ,' '-' · SEA1 OWNER: ATTEST: - Dwight E;'.l~fOc~,i.C~ - Approved Rob~ Zac~, Assistant Count¢ A~orney BY: BOARD OF COUNTY COMMISSIONERS OF COLLI,~J/~ Tom Henning, Chairman TR-CA-7 4/23/2003 11:45 AM EXHIBIT A PUBLIC PAYMENT BOND TranSfer Road improvements Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc. 1910 Seward Ave., Naples FL 34109 (239) 597-2181 . Fidelity and Deposit Company of Maryland at 1400 Am~ri~Ah L6~ T6wef %~ S~h~umburg i~ 6019~ (8~7) ~0~u6000 8695573 03-3453 , as Principal, and , as Surety, located (Business Address) are held and firmly bound to Board of County Commissioners of Collier County FL** as Oblige in the sum of Five Nundre~ Eighty n~ou~and Nine .undred Forty-five and ~O/ZOO-~o~lars ($~80,945.~0 ...... ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 28th day of April 2003~ wRh Oblige for Transfer Road Improvements, Bid NO. 03-3453 in Collier County FL accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(I), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). tn no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this ~st .day of May 2003, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. TR-CA-A-1 **Obligee Address: 3301 Tamiami Trail East, Naples FL 34112 (329) 659-5744 (County Engineer) 1/23/2003 10:30 AM Signed, sealed and delivered in the presence of: Witnesses as to Principal Bond No. 8695573 PRINCIPAL 1684 BY: NAME: ITS: STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this /~___~day of ._~,' 2003, by _7-~_ /-., "7~r,~_~ ,"' , as . /~,~,,.)'~.~ ~ / of Better Roads [,c. , a Florida corporation, on behalf of the corporation. ([~she is_personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: JAMES R'. POWELL iii Notary Public, State of Florida My, comm. exp. Sept. 17, 2006 Comm. H0. DO I~4Qa (AFFIX OFFICIAL SEAL-) NAME: ~S~'r~ature c~f Iqo-tary) (Legibly Printed) Notary Public, State of /-'/orFY~ Commission No.: ATTEST: SURETY: Fidelity and Deposit Company of Maryland (Printed Name) lbO0 American Ln, Tower 1 Schaumburg IL 60196 (Business Address (Authodzed Signature) N/A Witnesses to Surety (Printed. Name) TR-CA-A-2 1/7.3/2003 10:31 AM WRnesses { OR 16 4 Bond No. 8695573 As Attorney in Fact and Florida Licensed Resident (Attach Power of Attorney) Agent Eileen C. Heard (Printed Name) 4400 140th Ave N #110 Clearwater FL 33762 (Business Address) (727) 535-3510 (Telephone Number) STATE OF Florida COUNTY OF Pinellas - The foregoing instrument was acknowledged before me this - 2003, by Eileen C. Heard Fidelity and Deposit Company of Maryland, known to me OR has produced and who did (did not) take an oath, - My Commission Expires: _ (AFFIX OFFICIAL SEAL) 1st day of May , as Attorney-in-fact and FL Resident Agentof Surety, on behalf of Surety. He/She is personally known ~ as identification Notary Public, State of: )/'-~ Commission No.: TR-CA-A-3 JACKIE WAO~ Nofary Public, Slate of Florida My corem, exp. July 18, 2003 Comm. No. CC855843 1/23/2003 10:31 1684 EXHIBIT A. PUBLIC PERFORMANCE BOND. Transfer Road Improvements Bond No. s695573 Contract No. 03-3453 - KNOW ALL MEN BY THESE PRESENTS: That B~tter ~oad~ ~nc. " , as Principal, and Fidelit~ and D.e. posit. Compan~z of Maryland , as Surety, located at - 14oo A~erican Ln, ~ower ~, Schaumburg ~-60196 (Business Address) are held and firmly - bound to Board of County Commissioners of Collier County FL , as Oblige in the sum of Five Hundred Eighty Thousand Nine Hundred Forty-five and 70/100 Dollars (,~ 580~945.70 .......... '~ for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the~ 2003, with Oblige for Zransfer Road ~m~rovement~, Bid No. 28th day of Apri~ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND' is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' f~es that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the COntract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the tel'ms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TR-CA-A-4 1/23/2003 10:3 This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shail not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this ~_st day cf ,2003, the name of each party being aff'rxed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Withes'sos as to Principal PRINCIPAL BY: NAME: ITS: Roads In~ .,~ Better " "~ ': Pr~ ,,,c?" STATE OF COUNTY OF Florida Collier The foregoing instnJment was acknowledged before me this by -~;7~ Better Roads Inc. the corporation, an oath. /~?day of .x~ _ _, 2003, 7-~r~ ¢~- , as ,¢¢~,,¢/~/, ,¢ / of , a morida corporation, on behalf of H.H_e/she is___ personally_ known to me_ OR has produced as identification and did (did not) take My Commission Expires: JAMES R. POWELL iii Notary Public, State of FI0rJd~ My comm. exp. Sept. 17, 2008 (AFFIX OFFICIA~I~[~' 0O ~50408 Name: (Legibly Printed) Notary Public, State of: /~'~'/o ~/~/'~-. Commission No.: TR-CA-A-5 1~003 10:32 ATTEST: Bond NO. 8695573 SURETY: 1684 Fidelity and Depo_sit. Co_mpany of Maryland (Printed Name) 1400 American Ln, Tower 1 Schaumbur~ IL 60196 (Business A~dress) N/A (Authorized Signature) Witnesses as to Surety Witnesses OR (Printed Name) A~ Attorney in Fact and Florida Licensed Resident (Attach Power of Attorney)Agent Eileen C. Heard (Pdnted Name) 4400 140th Ave N, #110 Clearwater FL 33762 (Business Address) (727) 535.-3510 (Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this Eileen C. Heard Fidelity and Deposit company of Maryland OR has produced ~own an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 1st day of May ,. ,2003, by as .Attorney-in-fact and Florida Resident Agent Of Surety, on' behalf of Surety. He/She is personalty known to me {"~-~'~ ~/I as identification, and who did (did not) take / (sldn~'td~) ------"(Legibly Printed) .__.___ Notary Public, State of: Commission.No.: TR-CA-A-6 1/Z3/[D03 10:32 AM JACKIE WADE Notary Public, Slate of Florida My corem exp. July 18, 2003 Corem No, CC85584~ 1684 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWlCK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Kevin WOJTOWICZ, Peter A. THOMSON and~4~een C. HE~R~B, all of Largo, Florida, EACH its mae and lawful agent and Attorney-in-Fact, to make, execute, seal ~a~iver, for~;l~n its behalf as surety, and as its act and deed: any and all bonds and undertakings and the executior~o~ch bond~<q~-~'?~idertakings in pursuance of these presents, shall be as binding upon said Company, as fully and _a~. ~ll inten~p.urp, oses, as if they had been duly executed and acknowledged by the regularly elected officers of tl,~,,~'~:ffnpany a~ce in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on be~evin ~WICZ, Peter A. THOMSON, and Elleen C. HEARD, dated June 27, 2001. ~ c~<~TM The said Assistant Secretary does hereby c~at the ext~a~ forth on the reverse side hereof is a mae copy of Article VI, Section 2, of the By-Laws of said Company, ~.~ow in f.~ IN WITNESS WHEREOF, the saidcx~residen~%~"Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said_l~ITY A~I~ ?]EPOSIT COMPANY OF MARYLAND, this 17th day of July, A.D. 2001. ^(.%,."~'~'(~o,,,.'-..?, <,..~--c., ~.~v FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: .L. G. Hamilton Assistant Secretary Paul C. Rogers Vice President State of Maryland County of Harford ss: On this 17th day of July, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002 POA-F 031-4315 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and insUmments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, tree and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, day of , Assistant Secretary 05/16/03 FRI 14:11 FAX 7277254958 ARTHUR J GALLAGHER & CO. 003 ACORD. PRODUCER CERTIFICATE OF LIABILITY INSURANCE A.J. Gallagher & Co.-Tampa Bay 2600 McCormick Drive, Ste 300 Clearwater FL 33759 Phone: 727-797-4190 Fax: 727-791-1613 INSURED *Better Roads, Inc. 1910 Seward Ave. Naplee, FL 34019 I COVERAGES DATE (MMIODIYY) 05-15-03 THIS C*-K IlFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFOR~NG COVERAGE INSURER~ U.S. Fire Insurance Co. INSURERB: American Guarantee & Liab. Ins INSURER C: INSURER D: INSURER I=. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLrCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE [MM/DD/YY) LIMITS GENERAt UAE IUTY A -~ ~c. OCCURRENCE ~ 1,000, O00 x COMMERC'ALC~.E~LUAB,LIWl ~ 541027679 5/15/03 5/15/04 F,REDA~A*E(~yo~.r~i ~ PERSON~.&~V,N:UR~ s l, 000,000 ~ GE"E~A~REG^TE . S 2,000~ 000 GEN~ AGGREGATE LIM~ ~P~ES PE~ ~ PRO-~ PROOUCTS-CO~P/OpA~ I AUTOMOBIL~ COMBIN~ SINGLE LIM~ A X ANYA~ 138032677 05-15-03 05-15-04 (Ea~) ~L O~ED A~OS BODILY INJURY -- SCHEDU~O AUTOS (p~ pe~) X HIRED AUTOS BODILY INJURY  N~ED AUTOS PROPER~ (p~ac~t) $ G~GE ~ j AUTQ ONLY - ~ ACCI DE~ ANY AUTO OTHER TH~ EAACC , $ AUTO O~Y: AGO B ~loceu~ ~c~,us~ao~ AUC367100003 05/15/03 05/~5/04 ~,o~[~ ,10,000,000 ~ DEDUC~BL~ ~] R~ENTION $ 0 W~KERS COMPENSATION AND WC ~ 1 A I u- A 406005448 5/15/03 5/15/04 ~.~ ~c. ~cc~e~,? *. ~, 0~0,000 DESOlatiON ~ Op~ONS/LOCATI~Hp~E~f~CLUS~MS ~DED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Contract #03-3~53 - "Transfer Road Improuemenrs" AOOmORAL INSURED; INSURER LETTER: CANCELLATION Collier County Government Purchasing Department Lyn ~{. Wood 3301 East Tamiami Trail Naples, FL 34112 I ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ~EPRESENTATIVES. AUTHORIZED REPRESENTATIVE Walt Pezhold ©ACORD CORPORATION 1988 05/16/03 FRI 14:12 FAX 7277254958 ARTHUR J GALLAGHER & CO. 004 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this I'orm does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7197) EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance 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 be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) 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. (8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the ContractodConsultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's, purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR-CA-B-1 1/17/2003 2:58 PM (10) 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, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after 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 by this Agreement? X .Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/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: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 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. F-~Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. F-~ Applicable x Not Applicable TR-CA-B-2 1/17/2003 2:58 PM 1684 COMMERCIAL GENERAL LIABILITY Required by this Agreement? X .... Yes ~ No (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. Limits of Liability shall not be less than the following: X General Aggregate $ 300,000 Products/Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit.shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This 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." (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 Reporting 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. TR-CA-B-3 1/17/2003 2:58 PM 16B4 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. r--IApplicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. r-~ Applicable x Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) 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, property 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. (2) Property insurance shall be on an all-risk policy form 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. (3) The property insurance provided by the 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 $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions 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 Work in transit. (5) 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- contractors in the Work. TR-CA-B-4 1/17/2003 2:58 PM (6) 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, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit 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. (7) 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 insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes ~ No . (1) Automobile Liability Insurance shall be maintained by the ContractodConsultant/Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part' of the liability insurance of the Contractor/Consultant/Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage 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. TR-CA-B-5 1/17/2003 2:58 PM EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 2003 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. ~ CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF [Corporate Seal] The foregoing instrument was acknowledged before me this ~ day of ,2003, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TR-CA-C-1 1/23/2003 10:32 AM 16B4 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT. (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: .(Project N ale) Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ ~ % Less Retainage $ % Total earned Less Retainage $ Less previous payment (s) $ LESS AMOUNT DUE FOR LIQUIDATED DAMAGES ($ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this AppliCation for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: (Contractor's Name) By CONTRACTOR: . (Signature) DATE: . (Type Name & Title) (shall be signed by a duly authorized representative of uONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TR-CA-D-1 1/17/2003 2:58 PM z o CHANGE ORDER NO. TO: EXHIBIT E CHANGE ORDER CONTRACT NO. DATE: PROJECT NAME: PROJECT NO.: - Under our AGREEMENT dated ,2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions _ of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($, .). Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $. Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. _ Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is and the final completion date is 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 this acceptance. The adjustment, if any, to the - Agreement shall constitute 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. Accepted: CONTRACTOR: ,2003 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL By: TR-CA-E-1 1/23/2003 10:32 AM Exhibit E-1 Transportation Engineering & Construction Management Department WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OFISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ................................................. ................................................................................................................................ PROJECT#: CONTRACTOR: ENGINEER: Description: You are directed to proceed promptly with the following change(s): Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: [] Unit Prices [] Lump Sum [] Other Method of determining change in Contract Times: [-'-1 Contractor's records [] Engineer's record [] Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: By: Engineer/Consultant 1/23/2003 11:16 AM Contractor TR-CA-E-~ Owner' s Representative Exhibit E-1 Trans ortation En ineerin & Construction Mana ement De~_artment WORK DIRECTIVE CHANGE CHANGE# PROJECT NAME: EFFECTIVE DATE: DATE OFISSUANCE: OWNER: Collier County Board of Commissioners ........................... PROJECT#: ENGINEER: CONTRACTOR: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: [-'l Unit Prices [--] Lump Sum [--] Other Estimated increase (decrease) in Contract Price $ RECOMMENDED: ACCEPTED: By: Engineer/Consultant By: Contractor Method of determining change in Contract Times: [-] Contractor's records [] Engineer's record []] Other Estimated change in Contract Time: Increase or decrease by calendar days. AUTHORIZED: By: Owner' s Representative 1/17/2003 2:58 PM EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list Shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-F-1 1/17/2003 2:58 PM The respOnsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: - The following documents are attached to and made a part of this Certificate: This certificate does, not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work itl accordance with the Contract Documents. Executed by Design Professional on By: ,2003 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2003 By: OWNER Type Name and Title TR-CA-F-2 -- 1/23/2003 10:33 AM EXHIBIT G FINAL PAYMENT CHECKLIST .1. 6B4 Bid No.: Project No.' Date: 2003 ContractOr: ' The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: YES NO Final Contract Amount: Calendar Days. Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Owner: TR-CA-G-1 (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 1/23/2003 11:18 AM EXHIBIT G1 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: _ ENGINEER'S Project No. CONTRACTOR Contract For __ Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER - And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-GI-1 1/17/2003 2:58 PM The following warranty is attached to and made a part of this Certificate: 16B + EXHIBIT G2 Executed by Design Professional on ,2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on CONTRACTOR' By: Type Name and Title OWNER accepts this Certificate of Final Completion on By: OWNER Type Name and Title ,2003 ,2003 TR-CA-G1-2 1/23/2003 11:20 AM EXHIBIT G2 WARRAN'T'~.. In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOK or at the express request of the CONTRACTOR by a SUBCONTKACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given, This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: CORPORATE SEAL Attest! TR-CA-G2-1 1/17/2003 2:58 PM EXHIBIT H GENERAL TERMS AND CONDITIONS 1 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with' the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental aUthority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifiCally stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR-CA-H-1 1/17/2003 2:58 PM climatic conditions and seasons; physical conditiOns at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2· Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating al'l other utility work so as to not interfere with' the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents), 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR-CA-H-2 1/17/2003 2:58 PM PROGRESS PAYMENTS. 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and' attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another · location agreed to by the Owner in writing, the Application for Payment shall also. be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. TR-CA-H-3 1/17/2003 2:58 PM 16B4 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the Course of the project schedule. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not' be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR-CA-H-4 1/17/2003 2:58 I~M (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non- liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed 'to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR-CA-H-5 1/17/2003 2:58 PM 16B4 Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from .anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, 'if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Qrder or an approved Shop DraWing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR-CA-H-6 1/17/2003 2:58 PM 1684 guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and Iow temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR-CA-H-7 1/17/2003 2:58 PM 8.2. Contractor shall maintain in a safe place at the Project site one r rd cop~ the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all wri~en interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All bUried and concealed items, both inside and outside the Project accurately located on the annotated drawings as to depth and in site, shall be not less than two (2) permanent features (e.g. interior or exterior wall relationship to faces). The annotated drawings shall be dean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpar~ of all approved shop drawings shall be available to the Proiect Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Proiect Manager by Contractor for Owner. 8.$. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Proiect is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted abovel provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor 'be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR-CA-H-8 1/1'7/2003 2:58 PM 16B enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delayl Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR-CA-H-9 1/17/2003 2:58 PM and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 .Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. '11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure in Exhibit H1. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR-CA-H-10 1/17/2003 2:58 PM 12. OTHER WORK. 16B4 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor falls to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR-CA-H-11 1/17/2003 2:58 PM Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR-CA-H-12 1/17/2003 2:58 PM 17. PERMITS, LICENSES AND TAXES. 16B 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work, 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (,6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. T R-CA- H- 13 1/1'7/2003 2:58 PM 1684 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19, TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR-CA- H- 14 1/17/2003 2:58 PM 16E) exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a fiflal Application for Payment, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR-CA-H-15 1/17/2003 2:58 PM 16B Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial .completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the SubcontractOr. TR-CA-H-16 1/I7/2003 2:58 PM 22.1. Owner, Design Professional, their respective representatives, agents and emPloyees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contract°r shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 Inspection, testing or approval of any portion of Work that is required by (i) any applicable codes, laws, ordinances, rules or 'regulations of any public authority other than Collier County, or (ii) permits issued by any public authority other than Collier County, shall be arranged by Contractor, at Contractor's expense, without right of reimbursement from Owner. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. Contractor shall provide Owner with the required certificates of inspection, testing or approval. Other inspection, testing or approval of any portion of Work, that is required by (i) the Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County, (iii) permits issued by Collier County, (iv) the Project Manager or (v) the Design Professional, shall be conducted by Owner or a person designated by Owner and shall be accomplished at Owner's or such person's expense. Contractor shall cooperate with such process. If the Work fails the inspection, test or conditions of approval, then Contractor shall promptly correct the deficiency at Contractor's cost, without right of reimbursement from Owner, and shall notify Owner when the Work is ready for re- inspection, re-test or re-approval. Owner shall charge Contractor the cost of re- inspection, re-test or re-approval, including but not limited to fees and charges of professional service providers. 22.3. If any Work that is to be inspected, tested or approved is covered without prior written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, and replaced if necessary, at Contractor's expense without right of reimbursement from Owner. If, however, Contractor had given Project Manager timely notice of Contractor' intention to cover the Work and Project Manager had not responded after a reasonable period of time, then Owner shall bear such expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23, DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defectiVe Work has been rejected by Project Manager, remove it from the site and replace it with non- TR-CA-H-17 1/17/2003 4:08 PM defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If any portion 'of ihe Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.3. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to' accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.4 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract DoCuments, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall, be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged .by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. TR-CA-H-18 1/17/2003 4:08 PM 24, SUPERVISION AND SUPERINTENDENTS. 16B4 24.1. Contractor,shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or.Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. TR-CA-H-19 1/17/2003 4:08 PM 26. EMERGENCIES. 16Bh 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes .or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction' equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY, 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment in storage on or off the Project site; and to be incorporated therein, whether 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or TR-CA-H-20 1/17/2003 4:08 PM 1/-,D I, to protect them from damage, injury or loss. Contractor shall erect an(:k~t~ necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall Cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the. Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 3'1. MAINTENANCE OF TRAFFIC POLICY For all projects that require the contractor to provide traffic control, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Purchasing Departments. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Bid/Agreement which shall take precedence over other conditions and terms of this Bid/Agreement where inconsistencies or conflicts exist. TR-CA-H-21 1/23/2003 10:28 AM Additionally, the County; at it's sole option; may choose to purchase some goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the' Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions Contractor shall be required to maintain records of all County-furnished' materials that it incorporates into the project from the stock of County- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Confractor's possession and/or 2. been incorporated into the project. Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. The transfer of possession of County-furniShed materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County-furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement, cost of any County-furnished materials not yet incorporated into the Project during the Period between the time the County TR-CA-H-22 1/17/2003 4:08 PM first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County-furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. TR-CA-H23 1/17/2003 4:08 PM EXHIBIT H1 COLLIER COUNTY ALTERNATIVE DISPUTE RE SOLUTION PROCEDURE S INTRODUCTION: Florida law provides that written arbitration agreements are'valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These Provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinalSer "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 2.2 Claim: A demand by either party to a contract for au equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that mount. 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor, 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. TR-CA-HI-1 1/17/2003 2:58 PM 16B4 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's . Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section. 3 including exhibits, intended to be used during the hearing to support the claim: excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. 5. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5.1 5.2 ADMINISTRATION OF ARBITRATION; The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. The County shall set a time and date for an arbitration hearing w~thin 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, TR-CA-H1-2 1/17/2003 2:58 PM 1684 the arbitrators selected may continue the matter in 7-calendar' day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begtm, it may orfly be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing, lm general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party, 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning ofthek initial presentation, a party shah present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panet may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to deve.lop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. TR-CA-H1-3 1/17/2003 4:09 PM A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admlssible. b. Each party shall bear au equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. ADM/NISTRATION OF IVI~DIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County, shall set a time and date for the mediation within 21' calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must he submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in'24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an. equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (l) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party, or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately '~4th their clients. In the discretion of the mediator, mediation ma3, proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party, or parties or their counsel, if any. TR-CA-H 1-4 1/17/2003 4:09 PM 16B4 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 .If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of au agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 etseq., Pm-tH ofthe Rules for Mediators andPartlI of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 1/17/2003 4:09 PM TK-CA-H1-5 16B4 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort {mrntll:dty resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. TR-CA-H1-6 1/17/2003 4:09 PM TIME CHART FOR DP.P: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the C1Mm~ Whichever is First, the Following,Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[wkichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staffends or Within'45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators, No Later Than 48 Hours Prior to the date of the Mediation or Arbilration: Any request for a continuance must be ~ed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within, 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a' certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake ail ADR proceedings in good faith. TR-CA-HI-7 1/17/2003 4:10 PM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Vs. Claim No. Respondent NOTICE OF CLAIM Claimant, , hereby notifies , Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution Procedure. Date of Contract: Date Claim: Summary of the Claim: Estimated Amount of Cia/m: Date: Claim Filed by: TR-CA-H1-8 1/17/2003 2:58 PM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16B4 Claimant Vs. Claim No. Respondent Claimant, Name of Project: Date of Contract: pazty Requesting Negotiation: Date.; Received by: Date Request Keceived:, Comments.; REQUEST FOR ARBITRATION ., hereby requests negotiation of the above-referenced Claim. TR-CA-H1-9 1/17/2003 2:58 PM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Vs. Claim No. Respondent Claimant, referenced Claim. Name of Project.'. Date of Contract: ParW Requesting Arbitration:. Date: Received by: Date Request Received: REQUEST FOR PRE:SUIT MEDIATION , hereby requests PRE-SUIT MEDIATION of the above- Comments: 1/17/2003 2:58 PM TR-CA-H1-10 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM ClaLma~t ClaimNo. Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant/Kespondcm CLAIM BY THE PARTIES. Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: ,., hereby REQUESTS NEGOTIATION OF THE Signed: TK-CA-HI-11 1/17/2003 2:58 PM 1684 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS Proposal page TR-P-2b shall be an Add Alternate Bid for the base bid of Transfer Road. The bid prices for like items in the base bid and alternate bid shall be the same. TR-CA-I-1 1/23/2003 10:47 AM EXHIBIT J-1 TECHNICAL SPECIFICATIONS - ROADWAY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)"STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" (2000 EDITION), AND THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS: 1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. 2. Plans 3. Technical Specifications 4. FDOT Roadway and Traffic Design Standards 5. FDOT Standard Specifications for Roadway and Bridge Construction GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge Construction, 2000 Edition, have been deleted by this Exhibit J-l, and in some cases replaced by provisions within Exhibit H. For the Contractor's r has attempted to identify the provisions(s) in Exhibit H convenience the Owne.. ., ......... ,~,-- r'-ontractor is responsible for reviewing all lOgS. I-1OWt=V~, L, ,~, ,-- ' ref~aclng the dele!ed se.c.[ ,_ · "r~,= rence a deleted secbon w~th its c tract documents and the Owner s failure to ~,,~,,~s refe replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT Standard SpeCifications for Road and Bridge Construction, 2000 Edition, is deleted by this Exhibit J-1 and there is no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project. Any references in Division II to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H. 1/21/2003 4:01 PM TR-CA-J-I-1 LIST OF REVISIONS TO THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2000 EDITION DIVISION I GENERAL REQUIREMENTS AND COVENANTS ............................................... 3 SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION 1 - DEFINITIONS AND TERMS ....................................................... 3 2 - PROPOSAL REQUIREMENTS AND CONDITIONS .................. 4 3 - AWARD AND EXECUTION OF CONTRACTS .......................... 4 4 - SCOPE OF WORK ..................................................................... 4 5 - CONTROL OF THE WORK ........................................................ 4 6 - CONTROL OF MATERIALS ....................................................... 5 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC .......................................................................... 7 8 - PROSECUTION AND PROGRESS ......................................... 11 9 - MEASUREMENT AND PAYMENT ........................................... 13 DIVISION I! CONSTRUCTION DETAILS ............................................................................... 15 SECTION 1 O0 SECTION 102 SECTION 104 SECTION 110 SECTION 120 SECTION 121 SECTION 125 SECTION 180 SECTION 200 SECTION 285 SECTION 300 SECTION 330 SECTION 430 -CONSTRUCTION EQUIPMENT- GENERAL REQUIREMENTS ................................................ 15 -MAINTENANCE OF TRAFFIC .............................................. 15 -PREVENTION, CONTROL, & ABATEMENT OF EROSION & WATER POLLUTION ...................................... 15' -CLEARING AND GRUBBING ................................................ .16 - EXCAVATION AND EMBANKMENT .................................... 16 - FLOWABLE FILL .................................................................. 18 -EXCAVATIONS FOR STRUCTURES ................................... 20 -STABILIZING ......................................................................... 21 -LIMEROCK BASE ................................................................. 21 -OPTIONAL BASE COURSE .................................................. 22 -PRIME AND TACK COATS FOR BASE COURSES ................................................................... 22 -HOT BITUMINOUS MIXTURES - QUALITY ASSURANCE GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES ....... 23 - PIPE CULVERTS AND STORM SEWERS ......................~... 23 SECTION 550 - FENCING ............................................................................. 24 SECTION 575 - SODDING ........ ...................................................................... 24 TR-CA-J-1-2 1/21/2003 4:01 PM 1684 DIVISION III MATERIALS SECTION 700 - HIGHWAY SIGNING ............................................................ 25. ........................................ 27 27 ................................... 27 SECTION 941 - CONCRETE PIPE ............................ TR-CA-J-1-3 1/21/2003 4:01 PM 16 4 SPECIAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION 1 - DEFINITIONS AND TERMS ARTICLE 1-3 Advertisement.- Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on designated projects or proposed work. This notice contains a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the County to reject any or all bids." ARTICLE 1-3 Change Order - Change the first line and part of the second line of this definition to read as follows: "Change Order. A written order issued by the Engineer to the Contractor covering changes in the plans..." ARTICLE 1-3 Department- delete the definition of this term in its entirety and substitute the following: "County". ARTICLE 1-3 Engineer - Delete the first four (4) words of the first sentence and substitute the following in lieu thereof: "The Transportation Administrator, Collier County, Florida, or his designee...". .... ARTICLE 1-3 Holidays - Delete the definition of this term in its entirety and substitute the following in lieu thereof: "Holidays. Days designated by the Board of County Commissioners, Collier County, Florida" TR-CA-J-1-4 1/21,/2003 4:01 PM 16 4 ARTICLE 1-3 Laboratory - Delete the definition of this term in its entirety and substitute the following in lieu thereof "Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated by the Engineer." ARTICLE 1-3 Secretary- Delete the definition of this term in its entirety and substitute the fo/lowing in lieu thereof: "1-3 Chairman, The Chairman, Board of County Commissioners, Collier County, Florida, acting directly or through either the County Manager or the Transportation Administrator." ARTICLE 1-3 State - Delete the title and provision of this article in its entirety and substitute the following in lieu thereof' "1-3 County. The Board of County Commissioners, Collier County Florida, as Owner." SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ARTICLE 2-1 THRU 2-12 Delete Section 2 in its entirety and refer to "instructions to Bidders", Parts "B" & "C" of the Agreement. SECTION 3 - AWARD AND EXECUTION OF CONTRACT ARTICLE 3-1 THRU 3-8 Delete Section 3 in its entirety and refer to "Instructions to Bidders", Parts "B" & "C' of the Agreement. SECTION 4 - SCOPE OF WORK ARTICLE 4-1 THRU 4-6 Delete Section 4 in its entirety and refer to the "Agreement", Part "D" of the Agreement. ARTICLE 5-1 ARTICLE 5-2 SECTION 5- CONTROL OF THE WORK Delete in its entirety. See Exhibit H. Delete in its entirety. See Section 1.3 in Exhibit H. TR-CA-J-1-5 1/21/2003 4:01 PM ARTICLE $-3 Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H. ARTICLE 5-4 Delete in its entirety. See Section 1.2 in Exhibit H. ARTICLE 5-5 Delete the provision of this article in its entirety and substitute the following in lieu thereof:: "The Engineer shall order such changes and execute such supplemental agreements as he may decide as provided for under the Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." Subarticle 5-7.6 Delete the provisions of this article in their entirety and substitute the following in lieu'thereof: "The cost of performing construction surveying and layout work as described herein shall be included in the lump sum payment for Providing Construction Surveying and Layout, contract pay item No. 101~1-2. Additional construction surveying and Iayout work necessitated as a result of authorized increases in contract pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized by the Engineer". ARTICLE 5-8 Delete in its entirety. See Section 24 in Exhibit H. ARTICLE 5-9 Delete in its entirety. See Section 22 & 23 in Exhibit H. ARTICLE $-10 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5-11 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5.12 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE $-13 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE 5-14 Section 5 is expanded by the following new Article: "5-14 AS-BUILT DRAWINGS AND RECORD DRAWINGS. The Contractor shall keep and maintain one (1) Contract copy of all project plans, drawings, specifications, addenda, written amendments, change orders, work directive orders, supplemental agreements, and other written interpretations and clarifications, and shall be annotated by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. 1/21/2003 4:01 PM TR-CA-J-1-6 The County will provide a CD containing electronic files of the design plans in AutoCadd or Microstation format to the Contractor. All 'as-built" information shall be drafted upon such electronic drawings and certified, signed, and sealed by the Contractor's Professional Land Surveyor. These final plans titled "as-built" record plans shall become the ownership of the County All work under this item shall conform to Florida Statute Chapter 472, and Chapter 61 G-17-6005 Florida Administrative Code. The .cost of preparing, maintaining, and providing "as-built" plans and documents as specified in this article shall be included in the Lump Sum Payment for Maintaining and Providing "As-Built" Plans, Contract Pay Item No. 101-1-1. Final payment shall not be authorized by the Engineer until such time as the Contractor submits a complete set of certified "as-built" plans and other documents in satisfactory condition and quantity as specified in this article. SECTION 6 - CONTROL OF MATERIALS ARTICLE 6-t Delete this article in its entirety. Subarticle 6-3.4 Delete this subarticle in its entirety. Subarticle 6-4.4 Add the following to this subarticle; "The contractor shall pay for the County's cost of all unacceptable retests which are rejected at the source of supply". Subarticle 6-5,1 Delete the last sentence of this subarticle and add the following paragraph: "Except where otherwise indicated in these specifications, the on-site project field testing of selected materials and laboratory testing of concrete and soil materials required by the Engineer shall be provided by. and at the expense of the County and the Contractor shall coordinate and schedule the required testing. Also, the Contractor shall pay for the cost of all unacceptable field and laboratory tests which reveal that the materials failed to meet the requirements of these specifications. The cost of such failing tests and re-testing 'will be deducted from the amount due the Contractor on the final pay estimate. The cost per test will be the same total cost per test paid by the County. The Contractor shall notify the Engineer twenty-four (24) hours prior to the time of required testing so that the Engineer may arrange to have his representative present." TR-CA-J-1-7 1/21/2003 4:01 PM Subarticle 6-5.6 subarticle : Subarticle 6-5.6 is expanded by the following new sub- "6-5.6.1 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop drawings, catalog cuts, brochures, illustrations, erection drawings, material lists and performance data, which may be required by the specifications, requested by the Engineer or otherwise necessary for the proper execution of the work, Unless otherwise provided, not less than four (4) copies, plus those copies necessary f or the Contractor's requirements, of all such drawings shall be submitted to the Engineer for review. The Contractor shall submit all such drawings to the Engineer in sufficient time to prevent delays in delivery of materials or in the progress or completion of the work. At the time of each submission, the Contractor shall, in writing, call the Engineer's attention to any intentional or known deviations that the shop drawings may have from the requirements of the contract documents. The data shown on the shop drawings shall be complete with respect to dimensions, specifications section, drawings number, date, design criteria, materials of construction and the like to enable the Engineer to review the information as required. Where called for, the Contractor shall furnish two (2) samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until each submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. TR-CA-J-1-8 1/21/2003 4:27 PM Shop draWing submittals processed by the Engineer shall not be construed as change orders; the purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor undemtands the design concept, and that his understanding is demonstrated by indicating the equipment and material to be furnished and 'installed. Corrections or changes indicated by the Engineer on the shop drawings do not constitute authorization to perform extra work. The review of shop drawings and schedules shall be considered general and shall not be construed as permitting any departure from the Contract requirements. The design drawings and contract specifications shall take precedence over the shop drawings in the event of deviations, discrepancies, or conflicts, regardless of the time of discovery of the deviation, discrepancy, or conflict. One (1) complete set of all review shop drawings and samples shall be kept at the site at all times. During work specified or shown on the shop drawings, the Contractor shall make no. deviation from the reviewed drawings, and the changes made thereon by the Engineer, if any. The Contractor shall, upon completion of the work, furnish to the Engineer, two (2) complete sets of prints neatly bound together, and in .good condition, of all the contractor's subcontractor's and manufacturer's drawings as finally checked and reviewed by the Engineer with all modifications accepted by the Engineer subsequent thereto, showing the work as actually completed. Subarticle 6-$.10 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "6-5.10' Asphaltic Concrete Mix Designs: The responsibility for costs associated with mix(es) for asphaltic concrete shall be borne by the Contractor." Subarticle 6-6.2 This subarticle is expanded as follows: "For areas, within the project limits approved by the Engineer as sites suitable for storage of. materials, the Contractor shall, if deemed necessary by the Engineer, design, furnish, and install "temporary positive barrier systems" in conformance with the guidelines set forth in the U.S. Department of Transportation Warrants for Temporary Positive Barriers in Highway Work Areas, edition of May, 1982 as amended. The work of designing, furnishing, installing, maintaining and removing such barriers shall be included in the Contractor's price bid for Maintenance of Traffic, Contract Pay Item No. 102-1. TR-CA-J-1-9 1/21/2003 4:27 PM SECTION 7 - ! FGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC ARTICLE 7-1 This article shall be expanded to include the following at the end of 7. ~. 1: "For building c°nstruction or renovation, the Contractor shall present evidence that he. is currently registered with or holds an unexpired certificate issued by the Florida Construction Industry Licensing Board in accordance with Chapter 489 for the appropriate category of construction prior to beginning such work. If the contractor is a Corporation, he must be properly registered with the State of Florida Department of State, Division of Corporations, and must hold a current State Corporate Charter Number in accordance with Chapter 608, Florida Statutes." Subarticle 7-1.1 The first sentence of the third paragraph is deleted and the following substituted: "The Contractor's attention is directed to the fact that the noise generated by his construction equipment and/or operations must comply with all applicable Federal, State and local environmental regulations. In the event noise sensitive sites are identified during construction, the County may direct that effective and/or additional abatement measures be utilized. The Contractor shall specifically comply with Collier County Ordinance 77-4 as amended. No additional or separate payment shall be authorized to comply with the required abatement measures contained in this ordinance." Subarticle 7-1.1 Delete the fourth paragraph in its entirety. Add the following subarticle to Article 7-2: Subarticle 7-2.2.1 "7-2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM' (NPDES) PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities. The Contractor, and his subcontractors, shall be responsible for implementing the best management practices and measures identified in the PPP. The Contractor, and any sub-contractor must acknowledge that he understands the terms and conditions of the EPA NPDES General Permit. The Contractor and his subcontractors shall make such certification in the attached form entitled "Contractor's Certification Pollution Prevention Plan (J-1-9)." Such certification shall be made part of this contract document. 1/21/2003 4:27 PM TR-CA-J- 1-10 16 4 In the event there are no permits required to construct the project, .or the approved permits do not specifically address erosion and water pollution or they do not contain special conditions relating to erosion and water pollution, the project erosion control plan shall be governed by Subarticles 7-1.1, 7-2.2, 7-8.1, 7-8.2, and Articles 104-1 through 104-10/' ARTICLE 7-$ Delete the provisions of this article in their entirety and substitute the fo/lowing in lieu thereof: "7-,5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow parties other than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights-of-Way Permit, to make openings in the existing highway within the limits of construction, in all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the right-of-way shall make, in an acceptable manner, all necessary repairs due to such openings and such work ordered by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82-91." Subarticle 7-7.2 Expand this subartic/e as follows: "The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of transport of the oversize and/or overweight structural members from the site of casting of fabrication to the project site." TR-CA-J-1-11 1/21/2003 4:27 PM CONTRACTOR'S CERTIFICATION POLLUTION PREVENTION PLAN Facility Identification Facility Name: Transfer Road Improvements Project No. 69100 Owner: Collier County Board of County CommiSsioners Facility Location: Transfer Road West of Airport Road City: Naples Latitude: 26° 09' Section: 35...~_ Township: County: Collier 49S State: Florida Longitude: 81° 46' Range:_ 25E Certification Statement I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity from the construction site identified as part of this certification. (The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the proprietor.) For: By: (Type name of company) Name: (Principal's Signature) (Date) Title: (Print or Type) Address: (print or Type) Telephone No. 1/21/2003 4:27 PM T R-CA-J- 1 - 12 Subarticle 7-7.3 Delete the text and substitute the following: "Where it is necessary to cross an existing County road or street, including specifically the existing and proposed travel lanes within the limits of the project, permits will be granted by the Engineer, upon the request of the Contractor, for such crossing by overloaded or oversize equipment and crossing will be permitted only at designated points. The Engineer will designate the point, or points, at which the crossing shall be made, and may require protection of the pavement at the crossing by use of lumber, planks, asphalt, fill or other materialsl The Contractor will be required to provide flagging and watchman service, or approved signal devices, for the protection of traffic at all such crossings, in .accordance with an approved maintenance of traffic plan to be submitted by the Contractor for such purpose." Subarticle 7-7.5 Delete the text and substitute the fo#owing: "The Contractor shall, at Contractor's expense, hire a Professional Engineer, registered in the State of Florida, to analyze the effect of imposed loads on structures or underground facilities Resulting from the following operations: (1) a) Overloaded Equipment as defined in 7-7.2 operating on or crossing over completed structures, or completed underground facilities. b) operating on or crossing over partially completed structures or partially completed underground facilities. Equipment within legal load limits: (2)a) operating on or crossing over partially completed structures or partially completed underground facilities. A. completed structure or underground facility (storm, sanitary and water pipe systems; underground utility structures, etc.) is a structure or underground facility in which all elemental components comprising the total load carrying assembly have been 'completed, assembled and connected in their final position.' The components to be considered shall also include any related mediums transferring load to any structure or underground facility such as backfill, embankment, subgrade, base and pavement where any such structure or underground facility is situated beneath the finished surface. The Professional Engineer shall determine the effect the equipment loads have on the structure and the procedures by which the loaded equipment can be used without exceeding the load capacity for which the structure was designed. The Contractor shall submit to the Engineer for approval eight (8) copies of design calculation, layout'drawings and erection drawings showing' how his equipment is to be used so that the structures will not be over stressed. These requirements as specified under 7~7.5 shall be prerequisite and mandatory to securing a permit for Overloaded equipment as indicated in 7-7.2 and 7-7.3." TR-CA-J- 1-13 1/21/2003 4:27 PM "The Contractor must obtain written authorization from the Engineer prior to Unde i g any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73-11 and No. 82-94, as may be amended. Rock excavation shall be attempted to be excavated without blasting." Subarticle 7-11.1 The fo//owing is added to this subartic/e: "Damage to Collier County Water-Sewer District piPelines, and structures shall be repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97-17 and all amendments thereto. All other property damaged shall be restored to a condition similar or equal to that existing before such damage or injury was done by the Contractor, and at his own expense, or he shall make good such damage or injury in an acceptable manner." Subarticle 7-11.6.3 The fo//owing is added to this article: Where utility work must be coordinated with highway construction operations, the portion of the anticipated relocation period covering such concurrent work may or may not begin on the day highway construction commences and may or may not begin on the day highway construction commences and may or may not be consecutive working days. Contractors or its subcontractors shall coordinate anticipated utilities schedule of relocation and/or adjustments with affected utilities listed above." Subarticle 7-12.1 De/ere this subarticle in its entirety. See Section 13 in Exhibit H. ARTICLE 7-13 De/ere this article in its entirety. See Section 13 in Exhibit H, and Exhibit B "insurance Requirements". ARTICLE 7-14 De/ere this artic/e in its entirety. See Section 25 in Exhibit H. ARTICLE 7-16 Delete this article in its entirety. ARTICLE 7-17 Delete the provisions of this article, in their entirety and substitute the following in lieu thereof: "Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies adopted by the Owner." ARTICLE 7-23 Delete this article in its entirety. TR-CA-J-l-14 1/21/2003 4:27 PM SECTION 8 - PROSECUTION AND PROGRESS Subarticle 8-3.1 Delete this subarticle in its entirety. Subarticle 8-3.2 Delete the provisions of this subarficle in their entirety. Section 3 in Exhibit H. See Subarticle 8-3.3 phrase "90 days" in Subarticle 8-3.5 the following in lieu In .the' ninth line delete the phrase "30 days" and substitute the lieu thereof. Delete the provision of this subarticle in their entirety and substitute thereof: "After the award of contract and prior to the issuance of the 'Notice to Proceed with Contract Work', a conference will be held to discuss the date for the 'Notice to Proceed' and the effective date to be contained therein, to establish procedures for handling shop drawings and other Submissions and for processing applications for payment, and to establish a working understanding between the parties as to Contractor's project management responsibilities. Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the 'Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other material at that time as specified in the special provisions and standard specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre-construction conference: Name/qualifications of the Contractor's proposed full-time superintendent. Name qualifications of the Contractor's representative for implementing and maintaining the Maintenance of Traffic plan during construction. Listing/qualifications of the Contractor's proposed subcontractors. Project Schedule. Maintenance of Traffic plan. Quality control plan per section 330-2.2 of the standard specifications. Type/location of Contractor's proposed field office if part of the 'Contract. Name/qualifications of Contractor's registered land surveyor and/or non-registered Land surveyor. Name/qualifications or Contractor's safety officer. Subarticle 8.3.6 Add the following new subarticle to articie 8-3. "8-3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the Owner field representatives and those of the Contractor, subcontractors, 'utility companies, and other parties having an interest in the Contract. TR-CA-J-l-15 1/21/2003 4:27 PM The progress meetings shall be hosted by the Owner and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise required by specific construction conditions. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, and other construction related items and issues. The Contractor is further obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer 'for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees.'' Subarticle 8-4.1.1 Add the following new subarficle to article 8-4.1. "8-4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable." Subarticle 8-4,2 Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic shall be included in the Contractor's project schedule." Subarticle 8-4.4 Delete the first paragraph in its entirety and substitute the following in fieu thereof: "The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so as to not interfere with or delay the operations of Other contractors engaged in work within or adjacent to the limits of construction under :this Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans and specifications, coordinate and join his work to that of other contractors in the proper sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County, utility companies, or other general Contractors authorized by, or having separate agreements, with Collier County or the State of Florida Department of Transportation." Subarticle 8-6.3 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: 1/21/2003 4:27 PM TR~CA-J-1-16 "8-6.3 Permission to Suspend Work. The Contractor is not authorized to suspend or cease construction activities, operations, or maintenance of constructed improvements, nor remove equipment or materials necessary for the uninterrupted continuance of the work, unless such suspensions or cessations of work are approved by the Engineer in writing." Subarticle 8-10.1 Delete this subarticle in its entirety Subarticle 8-10.2 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "8-10.2 Amount of Liquidated Damages: For each calendar day, as specified in the Contract, that any work remains incomplete after the Contract time (including all extensions and adjustments) the sum specified in the Contract as liquidated damages will be deducted from any money due or to become due the Contractor or his Surety. Such deducted sums shall not be deducted as penalty but shall be considered liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his Contract." SECTION 9 - MEASUREMENT AND PAYMENT, Subarticle 9-2.1: Add the following at the end of the second paragraph of this article: "No contract price adjustments to reflect increases or decreases in the prices of these materials will be allowed." Subarticles 9-2.1.1: (Bituminous Material), and 9-2.1.2 (Gasoline and Diesel Fuels) are deleted in their entirety. ARTICLE 9-4 Delete the provisions of this article in their entirety. Subarticle 9.6.1 Delete the schedule of this subarticle following the second paragraph and substitute the following: Percentage of Contract Amount Completed 0% to 50% 50% to 100% Amount Retained, 10% of value of Contract Amount work completed 0% of value of work exceeding 50% of Contract Amount Subarticle 9-6.4 the following: Delete the first paragraph of this subarticle and substitute TR-CA-J-1-17 1/21/2003 4:27 PM 16 "When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of final amount due) and the Engineer has determined that the measurement and computation of pay quantities is correct, the retainage may be reduced to $1,0,00.00 plus any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as provided in 9-6.3." Subarticle 9-6.5.1 Add the following condition to the second paragraph: "(7') The Engineer will not authorize partial payments for materials stockpiled until such time as the Contractor furnishes the County evidence of legal title for the materials under consideration, free of liens or encumbrances of any kind. In addition to the receipt of certified invoices to document the value of materials received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of such materials." Subarticle 9-6.7 Delete the first three lines of the first paragraph and the first sentence shall read: "The prime Contractor shall certify...for all work completed and materials furnished." Subarticle 9-7.1 substituted: The second paragraph is deleted and the following "Not later than one month after the date of completion of the project, the Contractor shall furnish to the Engineer a certification of construction materials procured for the project by the prime and all subcontractors. This certification shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by the Engineer or copies made therefrom." ARTICLE 9-9 Delete the provisions of the second paragraph in their entirety. Delete the provision of Paragraphs (f) and (g) in their entirety. ARTICLE 9-10 Delete the provisions of this article in their entirety and substitute the following in lieu thereof: "9-10 Payments (1) As used in this article the terms "dispute" or "pending claim" refer to a dispute or pending claim between the the Prime Contractor and the Owner. 1/21/2003 4:27 PM TR-CA-J-I-q 8 (2) The Engineer will petition the Board of County Commissioners to authorize Release of Final Payment within ninety (90) days of receipt by the Engineer of all documents which are required by the Contract from the Contractor with the exception of the Affidavit and Release of all Claims, and the receipt of a consent letter from the Contractor's Surety for release of payment of the retained percentage and final estimate to the Contractor. Should the Contractor, due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's consent to the Engineer, within sixty (60) days of the above established date, then Final Payment witl be made by the Board of County Commissioners within thirty (30) days of receipt by the Engineer of said documents. Final Payment shall not be made as to any amount which is in dispute or the subject of a pending claim; and provided further, that Final Payment shall be so made as to that subject of a pending claim; and provided further, that Final Payment shall be so made as to that portion of a Contract or those amounts which are not in dispute or the subject of a pending claim. Such partial payments, however, shall not constitute any bar, admission or, estoppel, or have any effect as to those payments in dispute or the subject of a pending claim. The Contractor will receive the Final Payment within ninety (90) days of receipt of all documents required by the Contract or Within thirty (30) days after receipt of the Affidavit and Release of all Claims and the Surety's consent to the Engineer, if authorization for Release of final Payment is given by the Board of County Commissioners pursuant to Section 8-11. ARTICLE 9-12 Add the following article to Section 9. "9-12 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in the manner and on the form as contained in the contract documents." ARTICLE 9-13 Add the following article to Section 9. "Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as .found in the contract documents". TR-CA-J- 1-19 1/21/2003 4:27 PM DIVISION II CONSTRUCTION DETAILS 16B4 SECTION 100 - CONSTRUCTION EQUIPMENT- GENERAL REQUIREMENTS Subarticle 100-2.1 This subarficle is expanded as follows: "The Contractor shall operate only factory recommended exhaust mufflers on internal combustion engines. Additionally the Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance with applicable sections of the "construction indrustry'' manual published by the U.S. Department of Labor, Occupational Safety and Health Administration (29 CFR 1926/1920; OSHA Number 2207), 1983 edition as amended." SECTION 102-MAINTENANCE OF TRAFFIC Subarticle 102-3.2.4 The text is deleted and the following substituted: "The Contractor shall provide trained flaggers to direct traffic where one-way operation in a single lane is in effect and in other situations as required in subarticle 102-3.1. Training of flaggers shall be provided by the Workshop Traffic Supervisor or others as approved by the County. Florida Department of Transportation approved training materials shall be used for this training." SECTION 104 - PREVENTION, CONTROL, & ABATEMENT OF EROSION AND WATER POLLUTION Article 104-5 Add the following paragraphs to this Article: "The term schedule(s) as.listed above shall mean a Contractor prepared and maintained progress schedule as defined in Subarticles 3.1 and 3.2 of Exhibit "H". .This plan shall be prepared in accordance with the general requirements and/or any special conditions of all permits which authorize the construction of the project. In the event there are no permits required to construct the project, or the approved permits do not specifically address erosion and water pollution or they do not contain special conditions relating to erosion and water pollution, the project erosion control plan shall be governed by Subarticles 7-1.1,7-2.2, 7-8.1, 7-8.2, and Articles 104-1 through 104-10. When a National Pollutant Discharge Elimination System (NPDES) Permit has been issued or approved for the project by the U.S. Environmental Protection Agency (EPA) pursuant to 40 CFR Part 122.26, the contractor's plan shall be prepared as a part of the County's Stormwater 1/21/2003 4:27 PM TR-CA-J-1-20 Pollution Prevention Plan (SWPPP). The contractor's part of the SWPPP will include his erosion control plan and all additional measures he will employ to dispose of control, or otherwise prevent the discharge of solid, hazardous, and sanitary wastes to waters of the U.S. Procedures to control off-site tracking of soil by vehicles and construction equipment shall also be included. The Contractor shall include a procedure for cleanup and reporting of non-storm water discharges such as contaminated groundwater and accidental spills of contaminants. The Contractor's part of SWPPP, including required signed certification statements, shall be furnished to and approved by.the County prior to initiating any soil disturbing activities. The erosion control plan shall be prepared in accordance with the Contractors proposed sequence of operation. When the SWPPP is required, the erosion control plan shall be presented in the format provided in the NPDES Stormwater Pollution prevention Plan (plan sheet(s) included in the project plans or attached hereto) provided by the County. The erosion control plan shall describe, but not be limited to, the following items or activities: (1) For each phase of construction operations or activities, the Contractor shall supply the following information: (A) Locations of all erosion control devices (B) Types of all erosion control devices (C) Estimated length of time erosion control devices will be in operation (D) Monitoring schedules for maintenance or erosion control devices (E) Methods of maintaining erosion control devices (F) Methods of containment or removal of pollutants or hazardous wastes (2) The Contractor shall furnish the Engineer the name and telephone number of the person who will be responsible for monitoring and maintaining the erosion control devices. (3) Erosion control plans shall be submitted to and approved by the Engineer. (4) The Contractor shall be responsible for compliance with the approved erosion control plan." Subarticle 104-7.1 This Article shall be expanded as follows: "The Contractor will replace the erosion control devices every six (6) months unless the Engineer deems that the devices are in good working order." Subarticle 104-7,2 Delete all statements after the first sentence and substitute the fo/lowing in lieu thereof: "The Contractor shall commence with the mowing of areas so designated by the .... F1S" Engineer within two (2) calendar days of receiving such Ins~ruc~o . TR-CA-J-1-21 1/21/2003 4:27 PM 16B4 SECTION '110-CLEARING AND GRUBBING Subarticle 110-2.4 Delete the provisions of this article and substitute the following in lieu thereof: "The Contractor shall remove and dispose of all boulders encountered within the limits of construction and which shall.not be incorporated into the embankment, as specified under Section 120. SECTION 120 - EXCAVATION AND EMBANKMENT. ARTICLE 120-1 This Article is expanded as follows: "The Engineer's authority to suspend the work for reasons outlined above shall be pursuant to Article 8-6. When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or contaminants and shall be treated with extraordinary caution. Every effort shall be made by the Contractor to minimize the spread of any contamination into uncontaminated areas. The Contractor will immediately provide for the health and' safety of all workers at the job site, as well as making any provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws, rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Contractor will provide access to the area of the potential contamination. Preliminary investigation by the County will determine what course of action will be necessary for the security of the site and what steps are necessary under applicable laws, rules, and regulations for additional assessment and/or remediation work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of contamination, any staging or holding area that may be required in conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of the County's operations with projected completion dates for the final resolution of the contamination issue. Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing continuous access to these areas for the County and for representatives of any regulatory or enforcement agency having jurisdiction. The aforementioned schedule shall be used by both Contractor and County as a basis for planning the completion of both work efforts. Contract time extensions may be granted by the TR-CA-J-1-22 1/21/2003 4:27 PM Engineer to the Contractor according to the provisions of 8-7.3.2. It will be the responsibili the Contractor to cooperate with the County to expedite the integration of the County's operations into the construction project. The Contractor will not be expected to engage in routine construction activi;des such as excavating, grading, or any type of soil manipulation, or in any construction processes that may be required to accommodate a construction feature if the handling of contaminated soil, surface water or ground water is involved in the process. All such routine construction activities will be by the County. Adjustments to quantities or to contract unit. prices will be made according to any additions or reductions of work on the part of the Contractor in accordance with Article 9-3 and Exhibit "H" of the Agreement. Under no circumstances will the Contractor resume operations in the affected area until so directed by the Engineer." Subarticle 120-2.2 Delete the provisions of theSe subarticles in their entirety and substitute the following in lieu thereof: "120-2.2 Regular Excavation. Regular excavation shall consist of the excavation and the satisfactory on-site utilization or satisfactory off-site disposal of all types of materials, including loose rock and boulders, which are encountered within designated excavation areas shown in the plans as necessary for the construction of the roadway embankment, roadway shoulders, roadway ditches, and other roadway and drainage improvements. The work of regular excavation shall include proper maintenance of excavated areas throughout the term of this Contract. If suitable materials are encountered which are not deemed acceptable by the Engineer for incorporation into the planned improvements, all quantities of such materials shall be disposed of by the Contractor at off-site locations approved by the Engineer; the payment of such work shall be made under contract pay item No. 120-1, Regular Excavation. If the actual quantity of suitable roadway excavation materials is less than specified in the proposal and plans, appropriate upward adjustments shall be authorized by the Engineer under the work of Embankment, Contract Item No. 120-6." Subarticle 120-2.2.'1 Borrow Excavation. "Embankment shall consist of the excavation and satisfactory utilization of suitable material from off-site borrow pits provided by the Contractor as' authorized by the Engineer, It shall only include quantities of material that are deemed suitable for construction of roadway embankments or of other work constructing embankments specified by the Contract. Appropriate downward or upward adjustments in the bid quantity of Embankment, contract pay item No. 120-6, shall be authorized by the Engineer if deemed necessary because of changed conditions under the work classes of excavation, subsoil excavation, or lateral ditch excavation." Subarticle 120-4.2 Add the following new paragraph to this subarfic/e: "Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing additive, subject to the provisions of TR-CA-J-1-23 1/21/2003 4:27 PM Sections 160 and 914 of the Standard Specifications and approval of the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of Section 120 of the Standard Specifications." Subarticle 120-6.2 Delete the first paragraph in its entirety and substitute the following in lieu thereof: "Appropriate embankment materials shall be obtained from off-site areas furnished by the Contractor. As such, it shall be the ContractoCs responsibility to secure the necessary laboratory test, rights, permits etc. to ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow pits." Subarticle 120-8.2.5 Add the following new subarticle. "120-8.2.5. Placing Inside Standard Minimum Slope: All embankment material obtained from off-site borrow areas to be used for normal embankment construction inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty-five (35)." Subarticle 120-13.3.1 Add the following: "Embankment shall be measured at final position and shall also include all costs of all suitable materials for constructing the embankment." SECTION 121 - FLOWABLE FILL Delete this subarticle in its entirety and substitute the following: "121-1 Description. This Section specifies the requirements for flowable fill used for trenches, support for pipe structures, culverts, utility cuts and other works where cavities exist and where firm support is needed for pavements and structural elements. Flowable fill may also be used to fill abandoned water and sewer lines, 'abandoned fuel tanks, and where compacted fill is needed or as approved by the Engineer. 121-2 Materials. The materials user shall conform with the requirements specified in Division III and herein. Specific references are as follows: (1) (2) (3) (4) Portland Cement Types 1, II, or II1 ................................ Section 921 Fly Ash, Slag and other Pozzolanic materials for Portland Cement Concrete .......................................... Section 929 Fine Aggregate (Sand)* ............................................ Section 902 Water .................................................................... Section 923 *Any clean sand with 100% passing 3/8" sieve and not more than 10% passing the 200 mesh may be used. TR-CA-J:1-24 1/21/2003 4:27 PM 16.84 121-3 Mix Proportions. The Contractor shall be responsible for producing a flowable mixture using these guidelines and adjusting his mixture design as called for by circumstances or as may be directed by the Engineer. Flowable fill material shall be proportioned to produce a 28- day compressive strength of approximately 50-150 psi. General mix quantities are as follows: Components Pounds per Cubic Yard Cement .............................. 50-100' Ash or Granulated Blast Furnace Slag ................. 0-600 Fine Sand ........................... 2,750 (adjust to yield one cubic yard-of flowable fill) Water ................................ 500 (maximum) *The percentage of cement may be increased above these limits only when early strength is required and future removal is very unlikely. Weights for fine aggregate and water shall be adjusted according to cementitious content. The mix proportions shall be adjusted for removability, pumpability and flowability. If required, strength test data shall be provided prior to batching. If required by the Engineer, the flowability can be measured by affiux time determined in accordance with ASTM C 939 and shall be 30 seconds + 5 seconds as measured on motar passing the No. 4 sieve. The equipment required to perform this test shall be provided by the. Contractor. 121-4 Producing and Placing. Flowable fill shall be produced and delivered using concrete construction equipment. Placing flowable fill shall be by chute, pumping or other methods approved by the Engineer. 121-5 Construction Requirements. The flowable fill shall be placed to the designated fill line without vibration or other means of compaction. Placement shall be avoided during inclement weather, -e.g. rain or ambient temperatures below 40 degrees F. The Contractor shall take all necessary precaution to prevent any damages caused by the hydraulic pressure of the fill during placement prior to hardening. Also, necessary means to confine the material within the designated space shall be provided by the Contractor. 121-6 Acceptance. The flowable fill shall be proportioned and placed as specified herein. In general, the strength desired is the maximum hardness that can be excavated at a later date using conventional excavating equipment. No curing protection is required. TR-CA-J-1-25 1/21/2003 4:27 PM 16B4 The fill shall be left undisturbed until material obtains sufficient strength. 250 psi penetration resistance as measured using a hand held penetrometer shall be provided by the Contractor. Sufficient strength is penetrometer. The All flowable fill areas subjected to traffic loads must have a durable riding surface. 121-7 Method of Measurement. When flowable fill is called for in the plans, it shall be measured by volume in accordance with 9-1.5 unless the Engineer determines that another method of calculation will provide a more accurate result. 121-8 Basis of Payment. When the item of flowable fill is included in the Contract, payment will be made at the contract unit price per cubic yard. Such price and payment shall include all cost of the mixture, in place and accepted; determined as specified above. No measurement and payment will be made for material place outside the neat line limits or outside the adjusted limits, or for unused or wasted material. When no item of flowable fill is contained in the Contract and the Contractor elects to utilize this material as allowed herein, no additional compensation will be made for this use. Any additional cost will be considered incidental to the cost of material being replaced. SECTION 125 - EXCAVATION FOR STRUCTURES ARTICLE 125-1 Add the following after the next to last sentence: "This section also includes the satisfactory removal of rock strata or rock boulderS as may be encountered within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the plans or listed in the first sentence herein, including the replacement of select fill (compacted) in areas of over-excavation." Subarticle 125-4.1 This subarticle is expanded by the following: "The Contractor(s) performing trench excavation shall adhere to OSHA trench excavation safety standards and special shoring requirements for trench excavation, if any, of the State or other political subdivisions. Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor." ARTICLE 125-11 Add the following statement:' "The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be included in the Contract pay items for structures as contained in the proposal for this project. Subarticle 125-12.4 Delete the provisions of this subarticle in their entiretyand substitute the following in fieu thereof: 1/21/2003 4:27 PM TR-CA-J-1-26 1684 "The work of strengthening foundations (as provided in 125-4.2) shall not be paid for separately, but rather the costs of undertaking such work shall be included in the various COntract items requiring excavation." Subarticle 125-12 Delete this subarticle in its entirety and substitute the following in fieu thereof: "When it cannot reasonably be anticipated from information contained in the plans, that material excavated for the structure will be unsuitable for use as backfill, and such material proves to be unsuitable for this use, the work of disposing of such material away from the site will be paid for by the Contractor as incidental to the structure requiring excavation, and the work of bringing in substitute material for the backfill will be paid for as specified for the particular case shown below: a) No additional payment will be made for backfill material obtained from surplus material available from the normal excavation or grading operations. b) When the necessary material is not available from the normal excavation or grading operations and no separate item for Borrow Excavation is included in the contract, any backfill material obtained by increasing the volume of excavation within the roadway right-of-way will be measured and paid for as regular excavation subject to the provisions of 9-3.2.2. c) When authorization is given for obtaining the material from outside the right-of-way and from other than designated borrow areas, such excavation will be paid for as incidental to the structure requiring excavation." Subarticle 125-12,8 Delete this subarticle in its entirety and substitute the foflowing in lieu thereof: "125-12.8 Pay ltems: No separate payment will be made for excavating and backfilling for structures under this Section. All costs incidental thereto, including pipe be~ding materials, shall be included in the contract price bid for the structure or items requiring excavation. SECTION 160 - STABILIZING Subarticle 160-7.2 Delete all text and schedule immediately following the first schedule and substitute the following in lieu thereof: "The following unsoaked bearing value requirement is based on test performed on sample obtained after mixing operations have been completed. TR-CA-J-1-27 1/21/2003 4:27 PM Specified Bearing Value Unsoaked Bearing Value Required LBR 40 LBR 43 Undertolerance 5.0 SECTION 200 - LIMEROCK BASE ARTICLE 200-2 Add the foflowing to this Article. "At the Engineer's request, the Contractor shall furnish sufficient evidence, in a format deemed necessary by the Engineer, that the materials to be used in the construction of all limerock base meets or exceeds the requirements specified in Section 911. The Engineer may require, in addition to quality assurance reports which may be submitted by the Contractor for limerock material derived from the Contractor's source of supply, additional tests from time to time throughout the duration of the project. The Contractor shall furnish all material for such tests." Subarticle 200-9 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "200-9 Measurements. Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the prime coat'application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than three (3) inches in diameter. The Contractor shall provide the required labor, materials' and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for limerock base." ARTICLE 200-10 Delete the provisions of this article in their entirety and substitute the following in lieu thereof: "200-10 Calculations for Average Thickness of Base. The average thickness of the base shall be determined from borings taken by the Contractor, as specified in 285-7, and shall be calculated from measurements taken by the Engineer as follows: (a) When the measured thickness is greater than the design thickness as shown on the typical sections, in the plans and proposal, it shall be considered as the design thickness. (bi Any areas of base which are left in place (deficient in thickness of more than ½ inch from the design-thickness) but for which no payment is to be made, as specified in 285-7, shall not be taken into account in the calculations. TR-CA-J-1-28 1/21/2003 4:27 PM (c) 1684 Where the material underlying the base is of such character that is not readily distinguishable from the base material, thus making it impossible to establish the bottom of the base from core borings, the thickness of base used in the measurement at such locations shall not exceed the specified thickness. (d) The Engineer may at his discretion, at the expense of the County, order additional core borings of base material prior to final acceptance of the project." SECTION 285 - OPTIONAL BASE COURSE Subarticle 285-6.1 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "285-6.1 Measurements:Thickness of the base shall be measured by the Engineer prior to authorizing the Contractor to begin the primes coat application, and shall be measured at intervals not exceeding 200 feet. Measurements shall be taken at any point on the cross section at each interval through holes not less than three (3) inches in diameter. The Contractor shall provide the required labor, material, and equipment necessary to undertake all core borings specified by this article. No separate payment for core borings shall be authorized; rather, the costs for such work shall be considered incidental to the contract pay items for limerock base." ARTICLE 285-7 Delete the provisions of this article in their entirety and substitute the following in fieu thereof: "285-7 Calculations for Average Thickness of Base. The average thickness of the base shall be determined from borings taken by the Contractor, as specified in 285-6.1, and shall be calculated from measurements taken by the Engineer as follows: (a) When the measured thickness is greater than the design thickness as shown on the typical sections, in the plans and proposal, it shall be considered as the design thickness. (b) (c) Any areas of base which are left in place (deficient in thickness of more than % inch from the design thickness) but for which no payment is to be made, as specified in 285-6.1, shall not be taken into account in the calculations. Where the material underlying the base is of such character that it is not readily distinguishable from the base material, thus making it impossible to establish the bottom of the base from core borings, the thickness of the base used in the measurement at such locations shall not exceed the specified thickness. (d) The Engineer may at his discretion, at the expense of the County, order additional core borings of base material prior to final acceptance of the project." 1/21/2003 4:27 PM TR-CA-J-1-29 16B4 SECTION 300 - PRIME AND TACK COATS FOR BASE COURSES ARTICLE 300-9 This subarticle is deleted in its entirety and the following substituted: "Article 300-9 Basis for payment. The cost of bituminous material, both prime and tack materials, determined as provided in article 300-8, shall be included in the contract unit prices for the various types of work to which it is incidental. Additional prime and tack materials necessitated as a result of authorized increases in contract pay quantities shall also be included in the affected contract unit priced. No separate payment shall be authorized by the Engineer for either prime or tack coats." SECTION 330 - HOT BITUMINOUS MIXTURES QUALITY ASSURANCE .GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES Subarticle 330-12.2 The text is deleted and the following substituted: "330-12.2 Longitudinal Joints. Where only a portion of the width of pavement is to be laid and the exposed edge opened to traffic, the edge shall not be vertical but sloped or rolled over and sealed. When the adjacent strip is constructed', the Engineer may require the edge of the mixture in place to be trimmed back where it was sloped or rolled over to expose an unsealed or granular vertical face in constructing the longitudinal joint for the adjacent-strip. Where the edge of the strip first laid is not opened to traffic, the edge shall be left joint for the adjacent strip." SECTION 430 - PIPE CULVERTS AND STORM SEWERS Subarticle 430-4.4 Add the following: "During the grading operations it may be necessary for heavy construction equipment to travel over an installed pipe. Unless adequate protection is provided_, the pipe may be subjected to load concentrations in excess of the design loads. Before heavy construction equipment is permitted to cross over a pipe, a temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of the pipe." Subarticle 430-7.1.1 Applies for all pipes including side drains. Subarticle 430-7.1.2 Delete this subarticle in its entirety. Subarticle 430-12.1 Delete the provisions of this subarficle in their entirety and substitute the fo/lowing in lieu thereof: 1/21/2003 4:27 PM TR-CA-J-1-30 16 4 "430-12.t. New Pipe. The quantities of storm sewer pipe, pipe culvert, cross drain pipe, side drain pipe, under drain pipe, and all similar drainage pipe materials specified in the proposal for this project shall be paid for on the basis of final measurements of accepted net lengths of the various types of pipe materials. Moreover the quantities to be paid for under this section for the various pipe tyPes and sizes satisfactorily installed in under this section for the various pipe types and sizes satisfactorily installed in accordance with the plans are subject to amendments authorized by the Engineer; hence, the provisions of 9-3.2 are applicable. In order that the Engineer may easily field measure the net length of pipe installed by the Contractor, backfilling of pipe trenches shall be coordinated with the Engineer. Where standard lengths of pipe must be field-cut to complete each particular run of a sewer system, the cost of such work shall be considered incidental to the various Contract items for pipe culverts and storm sewers." Subarticle 430-13.10 The first paragraph of the subarticle is expanded as follows: "Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes and structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items for storm sewer pipes and structures listed in the proposal" SECTION 550 - FENCING ARTICLE 550-3 Delete the provision of this subarticle in its entirety and substitute the following in lieu thereof to this Article: "550-3.4 Reset Fence: The materials used to reset the fence shall be the materials from the existing fence. The Contractor will be required to furnish any additional materials which are necessary in order to reconstruct the fence in good condition. This requirement includes the replacing of any materials which, in the Engineer's opinion,, are damaged in the removal and resetting of the fence such as to impair the serviceability of the reset fence. Any new material shall be of the same type as in the existing fence. The Contractor shall examine the fence and make his own determination of the quantity of new material necessary to properly reset the fence." ARTICLE 550-5 The following is added to this Article: "Subarticle 550-5.4 Reset Fence. The quantity of resetting fence to be paid for shall be the length of existing fence actually reset, and shall be paid for at the contract unit price per linear foot for the item of Resetting Existing Fence. Such price and payment shall be full compensation for all work specified in this section or required for the complete removal and resetting of the fence line, including the furnishing of any additional materials required." TR-CA-J-1-31 1/21/2003 4:27 PM SECTION 575 - SODDING ARTICLE 575-'1 Delete the definition of this Article in its entirety and substitute the following in lieu thereof: "575-1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially listed as being noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government jurisdiction in which the .project is being constructed shall' not be used. The Contractor shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds, Any such noxious plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense. ARTICLE 575-2 Delete the definition of this Article in its entirety and substitute the following in lieu thereof: Article 575-2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time the sod was cut and loaded. Sod shall be divided at the specified site within a twenty-four (24) hour period after field cutting and shall be laid within a forty-eight (48) hour period after field cutting. Sod being transported for a time period greater than on (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade specified in this Contract shall not establish a lesso~ standard or relieve the Contractor from providing the Premium Grade sod as specified for the duration of the Contract period. Premium Sod is defined as meeting the following specifications: Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of organic materials by volume. Healthy and Weed Free: Each sod pad shall' be insect and disease free, vigorous and have healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10%) chlorosis within the top 1./21/2003 4:27 PM TR-CA-J-1-32 growth and contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent (2%) of the total sod pad. Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5%). Broken or uneven ended pads will not be accepted. Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and/or hydrophobic in nature. The materials used in this work shall conform with the requirements of Division III. Specific references are as follows: (1) Sod ...................................................... 981 (2) Fertilizer ................................................ 982 (3) Water .................................................... 983 The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used. SECTION 700 - HIGHWAY SIGNING Subarticle 700-2.5 The text is deleted and the following substituted: "700-2.5 Sign Background. Background sheeting and white legends, borders, and shields on all signs shall be Type Ill-A, Ill-B, or IIl-C sheeting." ARTICLE 700-12 The fo/lowing new article is added. "700-12 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new locations within the project limits as deemed necessary and directed by the Engineer. The cost of work specified in this article shall be included in the Contract. TR-CA-J-1-33 1/21/2003 4:27 PM 16B4 At the completion of the contract or at such times as may be specified by the Engineer during executiOn of the contract, when individual signs are determined by the Engineer as no longer serving a useful function, the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations within the project limits. The Engineer Will deduct sufficient monies from the partial monthly estimates to cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations." TR-CA-J-1-34 1/21/2003 4:27 PM DIVISION III MATERIALS SECTION 941 - CONCRETE PIPE (FOR CULVERT AND UNDERDRAINS) SUBARTICLE 941-1.1 (Page 876) is deleted and the following substituted: 941-1.t General Specifications. Concrete pipe shall meet Class III design requirements as called for in the plans and the specific requirements of this Section. The process of manufacture and the details of the pipe design, including strength of concrete, will comply with the Standard Operating Procedure for the inspection of Precast Drainage Products. SUBARTICLE 941-1.2 (Page 876) is deleted and the following substituted. 941-1.2 Specific Requirements. 941-1.2,1 Steel Reinforced Concrete Pipe. Meet ASTM C 76[ASTM C 76M] and the modifications to ASTM C 76 [ASTM C 76M] set forth in 941-1.3. For Special Designs meet the requirements of ASTM C 655 [ASTM C655]. Pipe designated Class S, will meet the requirements for ASTM C655 [ASTM C655] and the 0.01 inch [0.03 mm] crack and ultimate D - loads given on the Roadway and Traffic Design Standards, Index 205. Such pipe shall be properly marked. 941-1.2.2 Non-Reinforced Concrete Pipe: Meet ASTM C 985 [ASTM C 985M] and the ultimate D - loads given on the Design Standards, index 205 with the following exception: Modify material requirements set forth in ASTM C 985 [ASTM C 985M] with the material requirements set forth in 941-1.3la). Such pipe shall be properly marked, 941-1.2.3 Fiber Reinforced Concrete Pipe. Meet ASTM C 1450 and the modification to ASTM 1450 set forth in 941-1.7. Such pipe shall be properly marked. SUBARTICLE 941'-1.5 (Page 877) is deleted and the following substituted: 941-1.5 Special Requirements for Pipe Joints when Rubber Gaskets are to be Used. SUBARTICLE 941-1.5.1 (Page 877) is deleted and the following substituted: 941-1.5.1 General. When rubber gaskets'are to be installed in the pipe joint, the gasket shall be the sole element relied on to maintain a tight joint. Test pipe joints at the plant hydrostatically using test methods in ASTM C-433. Soil tight joints must be watertight to 2 psi [13.8 kPa]. Watertight joints must be watertight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans. TR-CA-J-1-35 1/21/2003 4:27 PM ARTICLE 941-1 (Pages 876-878) is expanded by the following new Subarticle: 941-1.7 MOdifications to ASTM C 1450: Modify the provisions of ASTM C 1450 with the following: Material requirements shall meet requirements set forth in 941-1.3(a). In addition, fiber reinforced concrete pipe shall be designated Class S, Class I, Class II, Class III and Class IV. The corresponding strength requirements are given in the following table: Pipe Class Minimum Long-Term Service D-Load: D Load D Load N/m/mm S 30 600 I 4O 8O0 II 50 1000 III 65 1350 IV 100 2000 Lb/fi/f[ The manufacturer shall provide the relationship between short-term crush loads required to achieve 100-year long-term design loads. In addition, the manufacturer shall provide the relationship between the saturated and dry crush loads. The minimum dry crush load shall not be less than a factor of 2 times the long-term service load. The short term crush load shall be determined as required in Section 10.2 of ASTMC 1450 except the specimen shall be tested by the appropriate section of ASTM C 497, External Load Crushing Strength by the Three-Edge Bearing Test Method. Expand Section 5.1 of ASTM C 1450 with the following: The manufacturer shall state the type of fiber used in the pipe and provide the Department with documented evidence that the fibers employed are compatible with other materials of manufacture. The pipe manufacturer will establish quality control assurance procedures to ensure that the fibers used in the manufacture of the pipe are of consistent composition and quality. The assurance procedures will be subject to the approval of the Department. Expand Section 6 of ASTM C 1450 with the following: The manufacturer shall state the minimum wall dimensions of the pipe that complies with the minimum crush loads presented in the table above. In lieu of Section 6.2 of ASTM C 1450 meet the following: The under run in length of a section of pipe shall not be more than 1/8 in/ft [10 mm/m] with a . maximum of % inch [12.7mm] in any single pipe. In lieu of Section 0.3 of ASTM C 1450 meet the following: The average inside diameter shall not be less than the nominal size by more that 0.25 inch [6 mm] or 1.5% of the nominal size, whichever is the greater value. TR-CA-J-1-36 1/21/2003 4:2?' PM 168 In lieu of Section 7.1 of ASTM C 1450 meet the following: All material tested under this Specification shall~be tested in the saturated condition after immersion in water at an ambient temperature above 418F [58C] for a period of 21 to 28 days immediately prior to testing. In lieu of Section 8 of ASTM C 1450 meet the following: Each length of pipe shall be provided with a joint for the purpose of maintaining alignment and to ensure a close joint, Joints shall be of a design and the ends of the pipe sections are laid together they will make a continuous line of pipe with a smooth interior free of appreciable irregularities and compatible with the tolerances in Section 6, TR-CA-J-1-37 1/21/2003 4:27 PM EXHIBIT K PERMITS TR-CA-K-1 1/21/2003 4:01 PM 1/17/2003 2:58 PM EXHIBIT K PERMITS TR-CA-K-1 16B~+ ~×.,~,~. 1.6-84 PLANS AND SPECIFICATIONS PREPARED BY JOHNSON ENGINEERING, INC. AND IDENTIFIED AS FOLLOWS: TRANSFER ROAD IMPROVEMENTS AS SHOWN ON SHEETS 1 THROUGH 22. TR-CA-L-1 1/17/2003 2:58 PM MEMORANDUM 6B6 Date: To: April 24, 2003 Jill M. Brown, Senior Planner MPO/Transportation Department From: Marie Clos, Deputy Clerk Minutes & Records Department Lease Agreement between Collier County Board of Commissioners and ATC Paratransit (Item 16B6) Enclosed please find two originals of the above referenced item approved by the Board of County Commissioners on Tuesday, April 22, 2003. Please forward these documents to the required party for signature, and kindly return one (1) fully executed original to the Minutes and Records Department. If you should have any questions, please call me at 774-8411. Thank you. Re: Enclosures 1686 LEASE AGREEMENT" BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND ATC PARATRANSIT TI-IlS AGREEMENT, consisting of this portion and Exhibits "A", "B" and "C", attached hereto and made a part hereof, effective on the date herein specified, by and between the Collier County Board of County Commissioners, hereinafter called the "LESSOR" and ATC Paratransit, hereinafter called "LESSEE". WITNESSETH WHEREAS, the Lessee has agreed, to lease passenger vehicles described in Exhibit A from the Lessor and Lessor is desirous of leasing said vehicles to Lessee. WHEREAS, the passenger vehicles described in Exhibit "A" are the titled property of the Collier County Board of County Commissioners (BCC), hereinafter called the "Lessor," located at 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104, and; WHEREAS, the Florida Department of Transportation is the lien holder of eight (8) of the fourteen (14) passenger vehicles described in Exhibit "A", and; WHEREAS, Lessor has agreed to maintain these vehicles as evidenced by Exhibit "C", and; WHEREAS, the Lessee has agreed to perform Daily Vehicle Inspection Sheets as shown in Exhibit "B" and provide them to the Lessor daily, and; NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, it is agreed as follows: 1. PRE-EXISTING LEASE As of the effective date of this lease agreement, any prior agreement by and between tie lessor and the lessee is herein superseded. 2. I~EASE TERM The passenger vehicles, further described in Exhibit "A" attached hereto; are leased to the Lessee effective: ~ 2003. Proof of Insurance coverage by the Lessee, as provided in paragraph 8, herein, must be provided to the Lessor prior to the effective date of 1686 this agreement. The lease shall remain in effect for a period of one year and shall be automatically extended for additional years or its anniversary date, unless terminated pursuant to the procedures herein. Collier County shall notify Lessee ten (10) days before the annual expiration date of its intention to extend the agreement. Lessor may extend this agreement for an additional year for up to three (3) annual extensions by providing said ten (10) day notice. o o o LESSEE COSTS The Lessee agrees to pay to the Lessor as rent for the passenger vehicles and equipment herein leased the sum of $1.00. DELIVERY It is agreed by parties hereto that each of the passenger vehicles described in Exhibit "A" will be available to the Lessee at a mutually agreed upon location and will be released to Lessee at that location, at a mutually agreed to time. This schedule should be transmitted in writing. TITLE It is expressly understood and agreed to by the parties hereto that the titles to the vehicles listed in Exhibit "A" herein are and shall remain in the name of Collier County and the Lessee agrees not to loan, sell, sublet, assign, mortgage or otherwise encumber said equipment, or lend or permit them to be subject to any legal process without the Lessor's prior written consent. The Lessee has no authority to place, or permit to be placed, any lien, encumbrance or charge on said passenger vehicles for any repairs, replacements or any other reason without the prior written consent of the County. Lessee agrees to keep said vehicles free from all liens, encumbrances and charges of any nature whatsoever, whether voluntary or involuntary. MAINTENANCE/FUEL The Lessor shall maintain and make all repairs to said passenger vehicles during the continuance of this lease. Lessee will be invoiced for said repairs and maintenance as well. as any fuel obtained from a County facility. The amount of any invoice remaining unpaid after 30 days shall be deducted from the amount of the Lessee's invoice for service pursuant to a contract for management services executed on July 1, 1999. RETURN OF VEHICLE At the termination of the lease the Lessee shall return the vehicles to the Lessor in good 10. condition, ordinary wear and tear only accepted, and shall execute any and all papers necessary to effect the transfer of possession of any v. ehicles back to the Lessor free of all liens and claims. Tires shall be maintained in good condition with a minimum average of no less than 7/32" of tread. INSURANCE The Lessee hereby agrees to carry the following insurance naming the Lessor as an additional named insured: $1,000,000.00 in liability coverage and $1,000,000.00 in comprehensive coverage for each vehicle. mo Lessee shall inform the insurance carrier that a policy is required that obligates the insurance company to notify the named added insured, Collier County and the Florida Department of Transportation, prior to any proposed cancellation of coverage of the leased vehicles. The Department of Transportation shall be named as certificate holder, and shall remain named as such on the insurance policy throughout the time period of the lease. Bo The Lessee shall provide a copy of the policies and endorsements, and any notices of proposed cancellation of coverage shall be sent to the Lessor at the following address: 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104, with a copy to the Office of the County Attorney. Notice of cancellation should also be sent to FDOT, P.O. Box 1249, M.S. 1-39, Bartow FL 33831 and/or Public Transit Coordinator, FDOT, P.O. Box 1030, Fort Myers, FL 33902. C. The Lessee shall maintain the required insurance coverage at all times. OPERATING EXPENSES License plates used on the leased vehicles shall be issued in the name of the County. If a certificate of title is issued with respect to said vehicles, it shall be delivered to the County or its assignee. A certificate of title will only be delivered to the County after FDOT releases their lien. The Lessee shall bear the cost of all operating expenses incidental to the use of the leased vehicles, and in the operation of the vehicles the Lessee shall comply with all laws, regulations, rules and orders of lawfully constituted authorities. OPERATIONS In the operation of equipment leased by this agreement, Lessee agrees: mo To limit use of leased vehicles to approved transit services as provided to carriers under contract with the Lessee. This information shall be provided to Lessee by lessor. No changes in use of said vehicles and equipment shall be implemented by Lessee unless written authorization is received from Lessor. 1686 Bo Co Do Not to make any alterations or modifications to the equipment except with the prior written consent of the Lessor and the Florida Department of Transportation. To precisely follow the Lessor's guidelines for affixing or painting any designs or marking signs on the leased vehicles. Neither commercial nor political campaign advertising shall appear on leased equipment. Public service posters or announcements may be placed in pre-existing advertising racks, if any. Not to use the equipment in violation of Federal, State or Municipal Statute, law, regulation, administrative ruling, order or ordinance. To hold Lessor harmless from all fines, forfeitures or penalties for traffic violations or other violations incurring in connection with the operation of the vehicles or equipment by Lessee. To cause each vehicle to be operated only by a fully qualified, competent, properly licensed driver. Lessee shall require each driver to have a good driving record and to operate ~vith all due care and diligence to prevent injuries, loss or damage of any nature. Go To protect the equipment from theft and other hazards while under Lessee's control. Ho Jo To be responsible for damages or loss to equipment in the event of disaster, fire, theft, flood, riot, strikes, conversion, collision or other particular total destruction except to the extent Lessor may be reimbursed by payment of insurance proceeds. To verbally notify the Lessor immediately of any theft, fire, improper performance, damage, accidents or collision, injury or death of a persons in which the equipment has been involved and, refrain from operation of such equipment so involved until permission is obtained from the Lessor; to supply a copy of any report required to be filed with any administrative body or government unit, to supply a written report within seven (7) days of any theft, fire, accident or collision, injury or death of a person or persons involving any equipment. In the event of failure to so notify Lessor, Lessee will be responsible for any loss to Lessor as a result of such failure;to cooperate fully with the Lessor in any reasonable way to prevent loss; to aid in every reasonable way in the defense of suits or other proceedings which may be brought as a result of the operation of said equipment; to notify the Lessor promptly of any papers, notices or documents served upon the lessee, its agents, servants or employees, arising out of the said equipment. In addition, the Lessor and the Department of Transportation shall be notified by telephone or in person, regarding each incident or accident involving an injury or fatality of any person or persons as a result of the use of any leased vehicle no later than the end of regular working hours on the next regular working day following such occurrence. Notification and reporting shall consist of a written report containing the following: 2. 3. 4. 5. 6. Name and address of drivers involved; Date and Location of accident; Number of Injuries; Number of fatalities; Brief description of accident; Written copy of police report and any subsequent investigations (within 30 days). In accordance with Chapter 14-90 F.A.C, additional notification to the Lessor and the Department of Transportation, in writing, is required ifa person dies within 30 days after an accident. Notification shall be submitted within 24 hours after death. Lessee shall not initiate any actions for recovery of damages to equipment without the written consent of Lessor. Lessee shall take no steps, which would affect the Lessor's claim for damages including the filing of any reports or statements, without written consent of Lessor. 11. REQUIRED REPORTS mo In addition to special reports, as necessary, previously cited in paragraph 10 above, certain regular operating reports are required by the Lessor, of the Lessee. 1. Preventive Maintenance / Inspection Forms and Reports ao Records of inspection, including vehicle mileage shall be recorded on work order forms by the Lessor. The work orders identify failures, if any, were detected, whether by regular inspection, driver report, vehicle breakdown, or other. The work order forms shall be accumulated and submitted monthly, with inspection check lists (as applicable), to the Florida Department of Transportation. - bo Individual vehicle Record Files shall be kept current by the Lessor. Records shall be available for The Florida Department of Transportation's review during periodic compliance inspections. Reports shall be performed by the Lessor for each l'eased vehicle with completed work orders and preventive maintenance checklists, as applicable, attached thereto. Reports shall be maintained monthly, 12. 13. 1686 within 15 days following the month covered by the report and all reports, including attachments, .shall be legible. 2. Daily Vehicle Inspection ao bo Daily vehicle inspections are crucial to the success of a Preventative Maintenance Program. Investing a short time on a daily basis to inspect each vehicle will help detect problems early thereby improving safety and decreasing vehicle repair costs. Each driver will inspect his or her vehicle before departure by completing the Daily Vehicle Inspection Checklist. The completed checklist is submitted to the transportation manager at the end of the driver's shift so that necessary maintenance can be noted and scheduled accordingly. The transportation manager must fax the Daily Vehicle Inspection sheets to Fleet Management daily. Report forms are attached as Exhibit B. AUDITS AND INSPECTIONS Lessee agrees to permit the Lessor or the Lessor's designated representative and The Florida Department of Transportation, to audit all books, records and files relative to the operation and maintenance of the leased vehicles, equipment and parts (as applicable); to assist in providing said documents and information and to permit inspection of vehicles, equipment and parts. NOTICES All notices should be sent to the following person or their designee: Collier County Diane B. Flagg Altemative Transportation Modes Director 2685 South Horseshoe Drive Suite 211 Naples, F1 34104 Phone:(941) 403-2310 Fax: (941) 213-5815 Florida Department of Transportation Richard P. Shine Transit Project Coordinator P. O. Box 1030 Fort Myers FL 33902 Phone: (941) 461-4300 Fax: (941) 338-2353 1686 Lessee COMSIS Mobility Services, Inc. d/b/a intelitran/ATC Paratransit Jim Van Pelt General Manager 3584 Exchange Ave Naples, FI. 34104 Phone: (941) 649-4439 Fax: (941) 649-0464 14. 15. STANDARD ASSURANCE The Lessee assures that it will comply with all applicable Federal statutes, regulation, executive orders, FTA circulars, and other Federal administrative requirements in carrying out any project supported by the FTA grant or cooperative agreement. The Lessee agrees that it is under a continuing obligation to comply with the terms and conditions of the grant agreement or cooperative agreement issued for its project with FTA. The Lessee recognizes that Federal laws, regulations, policies, and administrative practices might be modified from time to time and they may affect the implementation of the project. The Lessee agrees that the most recent Federal requirements will apply to the project, unless FTA issues a written determination otherwise. Copies of these regulations are available upon request from the Collier County Transportation Division. DRUG-FREE WORKPLACE AGREEMENT Lessee shall publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against its employees for violation of that prohibition; Lessee shall establish an ongoing drug-free awareness program to inform its employees about: a. The dangers of drug abuse in the workplace; b. Its policy of maintaining a drag-fee workplace; c. Any available drug counseling, rehabilitation, and employee hssistance programs; d. The penalties that may be imposed upon its employees for drug abuse 16. o o violations occurring in the workplace; Lessee shall make it a requirement that each ofits employees engaged in the performance of this agreement will be given a copy of the statement required by paragraph (1) of this certification; Lessee shall notify each of its employees in the statement required by paragraph (1) that, as a condition of employment for matters financed by this agreement, the employee will be required to: a. Abide by the terms of the statement; and b. Notify the Lessor in writing of any conviction by an employee for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after that conviction; Lessee shall take one of the following actions and notify Lessor of any said action taken within thirty (30) calendar days of receiving notice of a drug conviction by an employee: a. Take appropriate personnel action against that employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require that employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; and Make a good faith effort to continue to maintain a drug-fee workplace through implementation of paragraphs (1), (2), (3), (4), (5), and (6) of this agreement. The Lessee agrees to maintain a list identifying its headquarters' location and each workplace it maintains in which project activities supported by Lessor are conducted, and make that list readily accessible to Lessor. NONDISCRIMINATION ASSURANCE As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the Lessee assures that it will comply with all requirements of 49 CFR part 21 ;FTA Circular 4702.1, "Title VI Program Guidelines for Federal Transit Administration Recipients", and other applicable directives, so that no person in the - United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the Lessee receives Federal assistance awarded by the U.S. DOT or FTA as follows: The Lessee assures that each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all 17. 18. 19. 20. applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21, and understands that this assurance extends to its entire facility_and to facilities operated in connection with the project. The Lessee assures that it will take appropriate action to ensure that any transferee receiving property financed with Federal assistance derived from FTA will comply with the applicable requirements of 49 U.S.C. 5332 and 49 CFR part 21. The Lessee assures that it will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the Lessee assures that it will submit the required information pertaining to its compliance with these requirements. The Lessee assures that it will make any changes in its implementing procedures as U.S. DOT or FTA may request. The Lessee will include in each third party contract or sub agreement provisions to non-discrimination requirements. ASSUR&NCE OF NONDISCRIMINATION ON THE BASIS OF DISABILITY As required by U.S. DOT regulations, "Nondiscrimination on the basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Lessee assures that, as a condition of this agreement, no otherwise qualified person with a disability shall be, solely by mason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination. PROCUREMENT COMPLIANCE Lessee will comply with applicable Federal and State statutes relating to nondiscrimination. Copies of any such requirements shall be furnished to Lessee upon request. The Lessee certifies that its demand responsive service offered to persons with disabilities, including persons who use wheelchairs, is equivalent to the level and quality of service offered to persons without disabilities. When viewed in its entirety, the Lessee's service for persons with disabilities is provided in the most integrated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic . service area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation capability, and (7) constraints on capacity or service availability. INDEMNIFICATION The Lessee hereby agrees to indemnify, defend, save and hold harmless the Lessor and its agents and employees from and against all claims, demands, liabilities actions or suits for 21. 22. 23. injury, sickness, disease or death to Lessee employees or other persons, or damage to property, including loss of use thereof, including attorney's fees, arising out of or resulting from the performance of the Lessee's obligations under this contract. The Lessee agrees to defend, on behalf of the Lessor, any suits brought jointly against the Lessee and the Lessor for attorney's fees, settlements, costs, judgments, satisfactions, or other expenses incurred by the Lessor in any manner connected with any suits or claims. For ten dollars ($10.00) and other specific valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lessee agrees that its obligation to indemnify the Lessor extends to and includes liability for the sole, contributory, or concurrent negligence of the Lessor, its employees or agents. This responsibility shall include, but shall not be limited to, liability for damages resulting from injury or damage to any employee of the Lessee or Lessor, regardless of whether the Lessee or Lessor have paid the employee under the provisions of any workmen's compensation laws or similar legislation. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Lessor for its sole negligence. GOVERNING LAW This Lessee is executed in the State of Florida and shall be construed in accordance with the laws of the State of Florida. ASSIGNMENT BY LESSEE Lessee may assign, transfer or sublet any of its rights under this lease or in the vehicle covered hereby only with the prior written consent of the Lessor. Such assignment, transfer or sub-letting shall not relieve the Lessee of any of its obligations hereunder. TERMINATION Definition: For purposes of the agreement "termination "shall mean to end the agreement before its intended time due to breach of contract provisions or mutual agreement. Ao BREACH. The Lessor may, by written notice to the Lessee, terminate this Agreement for any of the following reasons, to be effective upon receipt of said notice: 1. The Lessee takes any action pertaining to this Agreement without approval of the Lessor, which under the procedures of the Agreement would have required the approval of the Lessor. 2. The Lessee defaults under any provisions of this agreement. The Lessee use of the vehicles, equipment or parts in a manner not provided for under the provisions of this Agreement. 24. 25. 26. The Lessee fails to provide insurance coverage limits as outlined in section 9 of this agreement at all times up and.until such vehicle(s) are physically returned to the Lessor. CANCELLATION. Either party (Lessor or Lessee) may, by mutual agreement, cancel or terminate this agreement by no less than thirty-(30) days written notice to the other party. 1. Return of unit(s) shall be governed by "paragraph c", below. ACTION UPON EXPIRATION OR CANCELLATION. In the event of expiration or cancellation of this Agreement, Lessee agrees to proceed as follows: Deliver all leased vehicles, equipment and parts (if applicable) within 10 days after termination date to a mutually agreed upon location on a workday between the hours of 8:00 a.m. and 5:00 p.m.; To be responsible for the cost of repairing, replacing or restoring any of said vehicles, equipment and parts, delivered in substandard condition. EXTENSION OF LEASE The Lessor is authorized to extend this lease agreement for a period not to exceed one year. This extension may be for all the equipment described in Exhibit "A", or for individual pieces of equipment, as applicable. A supplemental Exhibit "A", with a revised payment schedule shall be issued as a part of the extension notice, at the originally contracted lease rate. The terms of this agreement shall continue in full force and effect during any extension of this agreement. BINDING ARBITRATION Each and every dispute or disagreement arising as a result of the relationship between Lessor and Lessee, whether arising from this Agreement or either party's actions or omissions related this Agreement, shall be resolved by binding arbitration in accordance with the rules promulgated by the Lessor or the Florida Arbitration Code. INDEPENDENT CONTRACTOR STATUS AND RULE OF CONSTRUCTION The parties to this Agreement are independent contractors, each responsible for its own behavior, and neither responsible for the behavior of the other. This Agreement shall be governed by the following Rule of Construction: Where terms are silent or ambiguous regarding the relationship between the parties to this Agreement, such terms shall be construed in a way which is consistent with the parties' intended 'independent contractor status. 27. COMPLETENESS OF AGREEMENT This lease sets forth all the agreements, terms conditions and understandings, between Lessor and Lessee and there are no agreements, customs, usage's, terms, conditions or understandings either oral or written, expressed or implied, between the Lessor and the Lessee, as Lessor and Lessee, other than are herein set forth. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. COMSIS MOBILITY SERVICES, Inc., clPo/a Intelitran/ATC Paratransit Joel Hargis Regional Vice - President Date: ATTEST: DWIGHT E. BROCK, CLERK "Deputy Clerk%. s'lgnat:m-e ofll~y. Approved as to form an.d legal sufficiency: /" {que ine Hubb'ard Robinson' AsSistant County Attorney BOARD OF CJ~UNTY.CiOMMISSIONERS By: TOM HENNING, CHAIRM~[N '6B6' 16B6 .L6B6 ~ Exhibit "B" MINIMUM DALLY VEHICLE PRE-TRIP INSPECTION REPORT MINIMUM DAILy VEHICLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90FAC Carrier/Service Provider: Date: Vehicle#: Inspected by: Service Brakes Parking Brakes Tires and Wheels Steering Horn Instrument Lights Interior Lights Exterior Lights Windshield Wipers Rear Vision Mirrors Passenger Doors Exhaust System Equipment for Transporting Wheelchairs Safety and Emergency Equipment I OK [] [] [] [] [] [] [] [] [] [] [] [] [] n Needs Repair D [] [] [] [] [] [] [] [] [] [] [] [] [] See Comment [] [] [] [] [] [] [] [] El [] [] [] [] [] Comments Additional Comments: Inspector's Signature: This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual was developed by the Florida Department of Transportation Public Transit Office Page 13 of 24 Exhibit "C" 16B6 ~ PREVENTIVE MAINTENANCE PLAN 16B6 .~ PREVENTIVE MAINTENANCE PLAN FOR SMALL BUSES, VANS AND SEDANS This manual was developed by the Florida Department of Transportation Public Trans ~ortation. Preventive maintenance: a term used to describe the performance of regularly scheduled maintenance activities on a vehicle in order to prevent the possibility of malfunctions, to extend vehicle life and to reducemaintenance and operatingeosts~, t~themajorityofyourvehicle-repaLrs-aremade-afterth-e-ve~-e el~ experiences a mechanical failure, you do not have a functioning preventive maintenance program. A well-established comprehensive preventive maintenance program is as important to a successful transportation system as the actual purchase of tho vehicles. The Preventive Maintenance Plan proposed herein consists of: · making preventive maintenance arrangements; · adhering to a preventive maintenance schedule; · establishing a vehicle inspection checklist; · conducting daily vehicle inspections; · completing corresponding inspection checklists, and; · keeping a comprehensive maintenance record on file for each vehicle. PREVENTIVE MAINTENANCE ARRANGEMP. Nrrs It is preferred to make maintenance arrangements in the initial planning stages of any transportation program. If you already have a program in place it is wise to review it in order to insure it meets your current needs. Maintenance can be arranged in a variety of ways to fit your system needs: 1. Contract maintenance out to commercial mechanics. 2. Arrange for other agencies such as city or county, or school bus garages to maintain vehicles. o Set up an in-house maintenance program. The major advantages to an in-house program: · vehicles will be routinely checked for problems · mechanics will be familiar with the vehicles This manual was developed by the Florida Department of Transportation Public Transit Office Page I of 24 4. A combination program: in-house murine maintenance combined with other work - -contracted-out. Examples: Potential in house work: routine and scheduled maintenance, i.e.; oil and oil filter changes, air filter changes and PCV valve changes. Jobs to contract out: those requiting special expertise, tools or machinery. No~e: If you choose to have your own mechanics and allow them to perform the preventive maintenance inspections they should meet the following requirements: · have knowledge of and have mastered the methods, procedures, tools and equipment used when performing inspections have at least one year of training and/or experience as a mechanic or inspector in a vehicle maintenance program and have sufficient general knowledge of the vehicles owned and operated by your company in order to reco~ize deficiencies or mechanical defects. In addition to the above, you may have your inspections satisfy your annual safety certification as required by Florida Department of Transportation Safety Regulations. Your mechanics must be knowledgeable of the requirements set forth in Rules 14-90.007, 14-90.008 and 14-90.009, Florida Administrative Code. Important: For an effective in-house preventive maintenance program, the following minimal facilities are necessary: · a garage or building for vehicles to be brought under cover to be serviced · proper drainage for washing vehicles in your garage · a r~,ycling method for motor oil and other wastes · equipment for lifting or jacking vehicles · a complete set of hand tools - wrenches, sockets, pliers etc. This manual was developed by the Florida Department of Transportation Public Transit Office Page 2 of 24 PREVENTIVE MAINTENANCE INSPECTION After you have made the arrangements for your maintenance program by considering your system's -fa¢ilities-and-personnet-strengthsand limitations;-workwittryourdrivem-aa-d-m~h-ardcs or repatr ghop to develop a basic maintenance schedule. Mechanics or repair shops must be made aware of and become familiar with the minimum maintenance requirements for each vehicle along with all State and Federal requirements. With each vehicle, maintenance must be performed either at a specific mileage increment or within a specified period of time. If routine and proper preventive maintenance is not performed, the vehicle's reliability will suffer, its worklife will be shortened and its warranty provisions may be violated. A sample preventive maintenance program has been provided herein to act as a guide in setting up your program. The attached program sets forth specific requirements and preferred mileage schedules. This program will meet the needs of most companies however, as a general nde, you should compare this vehicle preventive maintenance schedule with the schedule provided in the owners manual for your vehicles. Always go with the most stringent requirements. This manual was developed by the Florida Department of Transportation Public Transit Office Page 3 of 24 PREVENTIVE MAINTENANCE INSPECTION MILES / INTERVALS SMALL BUS, VAN AND WAGON ....... Mileage Type-Inspection .......... 6,000 A 12,000 B 18,000 A 24,000 C 30,000 A 36,000 B 42,000 A 48,000 C 54,000 A 60,000 B 66,000 A 72,000 C 78,000 A 84,000 B 90,000 A 96,000 C 16B6 "1 This manual was developed by the Florida Deparmaent of Transportation Public Transit Office Page 4 of 24 PRBVBNTIVB MAINTBNANCE INSPBCTIONS ._ 1686 The preventive maintenance inspection is a program of routine checks and procedures performed on a scheduled and recurring basis to avoid breakdowns and prolong equipment life. Thc "A" Inspection is performed every 6,000 miles. It is designed for the inspection, service and replacement of certain items at predetermined times and to make minor adjustments as necessary. The "B" Inspection is performed every 12,000 miles. This inspection repeals the "A" inspection items and includes certain additional items which should be inspected and serviced as indicated. The "C" Inspection is a technical and performance inspection and is accomplished each 24,000 miles. The "A" and "B" inspection items are repeated and additional scheduled items are required to be accomplished which were not part of the other inspection intervals. A. 6,000 lVlll.E SERVICE AND MAINTENANCE CHECK INTERIOR INSPECTION _All Seats / Seat Beltq Seat coveting for the driver and passenger seats should be inspected for rips, tears, gouges, exposed springs and security of floor mounting. Seat belts should be inspected for proper retraction mechanisms. Ann rests should be inspected for proper securement to seats. Any folding seats should be checked for proper operation of adjustment controls. Driver seat should be checked for proper fore and aft movement and tracks should be lubricated as necessary. Doors / Hinges / Latche.q Lubricate door hinges and latches, check operation of windows, doors, and the condition of the glass. Check condition of exit sigm. Check emergency exit to insure it functions and that it is properly identified. Flooring / Headliner / Side Panel.q Inspect floor covering for tears, rips or gouges. Inspect headliner for damage, sag or dirt. ln~ect the condition of side panels. On vehiqles designed to allow standees check the condition of the standee line and sign. The line must be 0f contrasting color at least two inches wide and the sign, prohibiting anyone from. occupying a space forward of the line, must be posted at or near the fi'om of the vehicle. Inspect condition of the grab rails for the standee passengers. Mirrors This manual was developed by the Florida Department of Transportation Public Transit Office Page 5 of 24 Check inside rear view mirror(s) for proper securement, adjustment and the condition of the glass. Also check the right and left exterior mirrors for adequate field of vision. Interior-Lights Inspect the interior lights and the stepwell lights, if applicable, for operation by operating door opening switches, dome light switch, rheostat and the mm signal as well as the high-low beam indicator switch. Exterior Lights / Horn Outside assistance may be required when making this check. Check parking, low and high beam headlights, turn signal operation front and rear, and hazard flashers. Turn on all outside clearance lights and check operation. At this time also check license plate lights, back-up lights and brake lights. All lighting must comply with the minimum requirements set forth in Florida Statutes 316.220, 316.221, 316.224, 316.225, 316.226, 316.234 and 316.235. Check horn. The horn must be capable of emitting a sound audible under normal conditions from a distance of not less than 200 feet. .Warning System Activate i~m~ition switch and check "trouble" lights for proper operation. If the vehicle is equipped with gauges, check proper readings after the engine has been started. Check all switches for proper and complete knobs, levers, etc. Starter'System / Automatic Choke/Back-up Alarm When starting engine cold, determine proper activation of automatic choke. Listen for starter drag or grind and for any belt squeal .or other unusual noises during initial start. As engine warms, monitor all gauges. While depressing the brakes, shift the vehicle into reverse and check the audible back-up alarm. Windshield / Windshield wipers / Washers / Blades Inspect windshield for cracks, scratches and any visible damage. Operate windshield wipers through all ranges on wet glass, ln~ect condition of windshield wiper blades and arms. Replace if needed. Check washer fluid level. 10. Windows Inspect side and rear windows for cracks, scratches and proper operation of opening mechanisms. This n~iual was developed by the Florida Department of Transportation Public Transit Office Page 6 of 24 11. Comfort System 16B6' Operate and check heater and air conditioning controls through all selector ranges and check -varying-fan speeds for properopemtionr. Eheckrearunit-output,-as-applicable: EXTERIOR INSPECTION 12. Exterior Body and Componentq ln~ect exterior of vehicle for si~q of body damage, missing trim, decals, paint condition and any sign.q of developing rust. Inspect the outside of all windows for crocks, blemishes or other damage. Inspect bumpers for secure attachment or si~tm.q of damage, ln~ect mirrors and minor brackets for secure mounting, resting or broken glass. 13. Tires and Wheels ln~ect all tires for si~tm~q of uneven wear due to imbalance or improper front end ali~tmment, check for exposed cord or steel belts, in~ect valve cores, check for scrubbing or sidewall damage. Determine tread depth. Tread group pattern depth shall not be any less than 4/32 (1/8) inch, measured at any point on a major tread groove for tires on the steering axle and no less than 2/32 (1/16) of an inch, measured at any point on a major tread groove for all other tires. Check air pressure in all tires including spare. Check condition of spare tire and mounting. Check tires for cuts, nails or other embedded foreign objects. Check wheel lugs for proper torque. Check all wheels, including spare, for any damage or improper bead seating of tire, or for any missing balance weights. Check hubcaps for secure mounting. 14. Access Doors Inspect exterior access doors and lubricate hinges or spring latches as nece, s~. Check fuel cap for proper fit and any signs of damage to fuel servicing piping/hose. Check hood latch and lubricate, check retainer bar for proper operation. Secure hood open. SERVI~E AND OPERATION INSPECTION 15. Engine Oil and Filter Under normal operating conditions, change oil and filter at every 6,000 mile interval. Check transmission fluid level and condition of fluid. This manual was developed by the Florida Department of Transportation Public Transit Office Page 7 of 24 16. Ball Joints / Steering / Drive Line (Lubricate) Lubricate and inspect all ball joints, steering and drive lines and all other points with zerk fittings:Eheelcpower-steering~visible-sig~-offluidleal~7-Ch~--T-the drive line umversaI .... joints and yokes for wear. Replace any broken or damaged zerk fittings. 17. Battery Cheek battery mounting tray condition (rusting or wear) and battery holddowns. Check battery ease for cracking or damage. Check post and fasteners for corrosion - clean and cover with proteetant. Check cables for flaying or signs of deterioration. If applicable, check and servico water levels of individual cells or inspect "green" indicator. 18. Cooling System Visually check cooling system for leaks. Check the overflow tank for adequate coolant and inspect the cleanliness of coolant, ln~ect the condition of the upper and lower radiator hoses and check the security of the fasteners. Check butterfly drain for snugness. Inspect water pump and engine intake at the thermostat housing for signs of leaks. Inspect radiator cap for signs of leaks or pressure loss. Before removing the cap, allow the engine to cool down. Relieve any built-up pressure in the system. Remove and inspect the radiator cap. At this time, the radiator eom and the interior of the radiator housing may be visually inspected for corrosion or clogging. Also, if circulation problems are suspected, operation of the water pump and circulation of the coolant may be verified with the engine nmning. 19. Air Cleaner / Filters emove air filter and inspect. Inspect air intake hoses and clamps. Visually inspect all vacuum oses and connections. Inspect fuel line for leaks or damaged lines. 20. Belts / Hoses / Wiring ln~ect all belts for signs of wear, fray, cracks, glazing and proper tension. Inspect heater-hoses and connections, ln~ect wiring for sign.q of chafing, corrosion, loss ofiusulation and crimping. Insure wiring does not come in contact with moving parts or heated surfaces. 21. Under Hood / ExhaUst System Check trahsmission fluid level with the fluid warm and the engine running. Check color of fluid. for any signs of overheating. Visually inspect the transmission pan, front and rear seals, speedometer drive and dipstick robe for any signs of leakage. Visually cheek the transmission oil cooler, lines and connections for signs of a leak. This manual was developed by the Florida Department of Transportation Public Transit Office Page 8 of 24 Inspect exhaust system, from the exhaust manifold to the tailpipe, for proper securement and for any signs of an exhaust leak. - B:--I-2,000-MtEE-S ERVICE-AND ~MAINTENANCECHECK 22. Brakes Remove wheels and inspect front brake pads and rotors for wear. Check calipers and brake lines for signs of wear or leaks. Inspect. rear brake linings and drums for wear, scoring and warping. Check for any dirt or grease accumulation on the brake system. Replace or repair as necessary. 23. Operational Check Check for smoothness of acceleration, centering of steering wheel and the proper tracldng of the vehicle, smoothness of turns, balance of tires and front end all,merit. Also check for looseness in steering. 24. Transmission Check operation of the shift lever and indicator and the smoothness of shift and operation in each gear. Check for proper acceleration through gear ranges in Drive position. C. 24,000 MILE SERVICE AND MAINTENANCE CI-IE~ 25. Wheel Beatings / Drive Shaft Remove and inspect from wheel beatings, clean and lubricate or replace if necessary. Inspect drive shaft, u-joints and slip joints. Lubricate as necessary. 26. Shocks / Springs Inspect shock absorber cylinders for signs of leakage. Check bushings for signs of wear and the mounting brackets for secure mounting. Inspect coil and/or leaf springs for signs of damage or wear. Inspect tie rod ends, upper and lower ball joints and drag links for sign~ of wear. Lubricate all points equipped with zerk fittings. 27. Rear Differential Inspect re, ar axles and axle housing for sins of stress, wear and leaks. Check differential fluid level. (Nd'te: Change differential fluid every other "C" inspection). 28. Engine Tune-up See vehicle service manual for details. This manual was developed by the Florida Depart'merit of Transportation Public Transit Office Page 9 of 24 29. Change Transmission Fluid and Filter Remove transmission pan and drain fluid. If the mmmiss_'loalorque_converter is equipped-with a~OFafn-p~-~' fi~d from it as well. Inspect debris in the bottom of pan for signs ofintemal transmission damage. Check the color of fluid for signs of overheating. Remove and replace filter screen. Not any abnormalities on the check offsheet. ACCESS ORII~S 302 Fire Extinguisher/First Aid Kit / Safety Triangles ln.qpect the above mentioned safety equipment to insure it is in proper working order, securely mounted and easily accessible. Fire extinguisher must be fully charged, w/th a dry chemical or carbon dioxide, having at least a 1A:BC rating and bearing the label of Underwriters Laboratory, Inc. 31...Wheelchair Lift / Tiedowm ln~qpect wheelchair tiedowus for secure mounting and anchoring to floor. Safety belts should be clean and properly installed. Check retracting assembly. If four point tiedowns are used, check security of floor fasteners, connectors and belts. Operate lift through all ranges and functions. Check padding and labels. Check emergency back- up system if eqUipped. Check interlock system. Lubricate appropriate lube points. 32. License Plates / Registration / Operators Manua! Check condition and currency of license plate and registration and appropriate manuals. Insure accident report forms and other appropriate documents are up to date and available in the vehicle. Check for operating manual for the wheelchair lift. 33. Air Conditioning System.q Check Each spring, prior to the season for constant air conditioning use, the air conditioning system should be scheduled for a thorough operational check. The system should be checked with the appropriate air conditioning service equipment and gauges. Check the entire system for leaks. Note: The freont,evel should be checked and service as necessary. I/the system is to be serviced with the opening of a closed system, the complete system should be evacuated, the receiver dryer replaced and the system must be completely recharged, including refrigerant oil. This manual was developed by the Florida Department of Transportation Public Transit Office Page 10 of 24 M/NIMUM DAllJY VEHICLE PRE-TRIP INSPECTION REPORT Rule Chapter 14-90 FAC Carrier/Service Provider: Date: Vehicle#: Mileage:.,, ln~ected by:_ OK Needs See Repair Comment Service Brakes [] [] [] Parking Brakes [] [] [] Tires and Wheels [] [] [] Steering [] [] [] Horn [] [] [] ln.qtmment Lights [] [] [] Interior Lights [] [] [] Exterior Lights [] [] [] Windshield Wipers [] [] [] Rear Vision Mirrors [] [] [] Passenger Doors [] [] [] Exhaust System [] [] [] Equipment for Transporting Wheelchairs [] [] [] Safety and Emergency Equipment [] [] [] Comments Additional Comments: ln,qpectofs Signature: This manual was developed by the Florida Department of Transportation Public Transit Office Page 12 of 24 VEHICLE DAMAGE PLACE AN X AT DAMAGE LOCATIONS This manual was developed by the Florida Department of Transportation Public Transit Office Page 13 of 24 DAILY VEHICLE INSPECTION CI-IEC~IST Inspect each item below. If there is not a problem, place a (/) in the box to the left of the item. If there is a problem, an item nc~ds maintenance or if damage is found, place an (X) -in-thcbox-to-th¢-leffofthe item.--Use-th~-bowto-th~t-for comm¢,~ts. Under Hood Comments Oil level Radiator level Battery level Windshield Washer level Engine / Hoses / Belts Interior Comments Gauges / lnstmments Windshield Wipers Passenger Doors Hom Steering Brakes Blower Fans Interior Lights Cleanliness Safety Equipment Comments Flares / Triangles First Aid Kit Fire Extinguisher Back-up Alarm Accessibility Equipment Comments Fully Operable Wheelchair Lift / R amp Proper Number of Belts / Securement Belts / Securement Devices in Good Exterior Comments Headlights Tail / Brake Lights Turn Signals . Clearance Lights Windshield Wipers Body Damage Exhaust System Tires / ~hee~ CleanlineSs This manual was developed by the Florida Department of Transportation Public Transit Office Page 14 of 24 NOTES TO DRIVERS ABOUT THE DAllJY VEHICLE INSPECTION The vehicle inspection checklists provided on pages 14-16 will help you remember all oft. he important things that must be inspected on a daily basis, and it provides an easY to follow sequence forperforming-your-inspectionqm-a-togical2natmer: Re-ad-th~fi-gh pages xx-xx for general information and to clarify any of the parts of the inspection process. Then do a dry nm inspection while completing the checklist. Ask your manager if you have any questions at all about the procedure. Under the Hood Check for problems under the hood at the beginning of your inspection before starting the engine. It is easier and safer when the engine is cool. Check the engine, radiator and battery fluids. If low, make a note of it on your inspection checklist. If any fluids are 'below the safe level, see the mechanic for assistance. Also, check hoses for cracks or possible leaks and belts for any visible damage. Report any wear on the checklist as soon as it begins to show. Vehicle Interior Since you will need to leave the vehicle compartment while the vehicle is running, it is a good idea to put chocks behind the wheels before starting the motor. Begin while seated behind the steering wheel. First, put on the parking brake, then turn on the ignition. Check the oil pressure, fuel and alternator gauges. If the oil pressure fight stays on or the gauge shows the oil pressure to be dangerously low, turn the motor offuntil the problem can be corrected. If the altemator or generator light stays on or the gauge indicates a discharge, the battery may not be charging. To guard against the possibility of becoming stranded along the mute by a dead battery, have the problem located and corrected right away. Check the windshield wipers to make sure they are working and not worn or stripped. Cheek the passenger door for proper operation. Adjust y,pur mirrors so that you can see what you need to see from your normal driving position. When yott are adjusting your mirrors, keep in mind what you want to be able to see within you~- safety zone. Test your horn to make sure it works. This manual was developed by the Florida Deparlment of Transportation Public Transit Office Page 15 of 24 1686 Turn the steering wheel gently to make sure it is not loose or there is no abnormal play or stiffness in the steering assembly. - Push on the brake pedal. If the tension feels spongy or soft, note this on your checklist. Your brakeswnayneed- tcrbe~dj usted: Check the blower fan to see if it works so you will be able to use the heater, defroster or air conditioner. Check the interior lights. If any lights are not working, note'this on your checklist. Note on your checklist anything in the interior of the vehicle that needs attention. Safety Equipment Check your emergency eqUipment to make sure it is in the right location and in working order. Emergency equipment should include: · a properly charged fire extinguisher · warning devices such as cones, triangles or flares · a first aid kit Look around your vehicle to make sure it is clean and clear of trash, debris or loose items. Trash or debris left in the vehicle can be tossed about by careless passengers and can cause slips, falls and fires. A clean vehicle presents a professional image. Check any special accessibility equipment if your vehicle is so equipped. Examine any tie-dom for sigmg of damage or excessive wear. Make sure they can be properly secured to the floor. Check all li~ and ramps by operating them through one complete cycle. Make sure they are functioning properly. (You may have to move the vehicle to ensure proper clearance while performing this part of the inspection. This is also a good time to cheek the interlock system.) - Make sure all doors and emergency exits are functional and unobstructed. .Vehicle Exterior Turn on all exterior lights. With the vehicle in park and the emergency brakes still on, begin the exterior check from the front of the vehicle. This manual was developed by the Florida Department of Transpomfion Public Transit Office Page 16 of 24 During the exterior inspection, be sure to note and' report any fresh damage to the vehicle. Reporting such damage now may save you a lengthy and difficult explanation or report later. Space is provided for you on the Daily Vehicle Inspection Checklist to note and describe any exterior-damage: ....... Check the headlights, signal lights, emergency flashers and clearance lights to make sure they are working. Check the left front tire for any sign,~ of road damage, underinflation or missing or loose lug nuts. Check the condition of the side marker light. Check the air pressure with an air pressure gauge. Take care to maintain your tires at the recommended pressure. A soft fire is very susceptible to severe road damage. An overinflated tire causes a bumpier and less comfortable ride, especially for the elderly or disabled. Move to the back of the vehicle and inspect the left rear tire for obvious damage. Cheek the air pressure with an air pressure gauge. While at the back of the vehicle, cheek the tail lights, brake fights, turn signals, emergency flashers and any other clearance lights, reflectors or si~.~. Make sure they are free from mud or dirt buildup. Carry a rag with you to clean any dirty lights which may be hard to see even a/ter dark. Check the right rear tire. If there are any other lights or outside signs for your boarding doors or lift, make sure they are in place and clean. Next, 10ok under the vehicle. Make sure there are no foreign or tmfamiliar objects hanging down or wedged underneath. Listen and cheek for any signs of an exhaust leak. Also, visually cheek for puddles of fluid under the vehicle. If the vehicle is leaking fluid, report it to your supervisor. Move to the front of the vehicle and exam/ne the fight front fire in the same manner as the left 'tire and check the condition of the side marker light. Now that the engine has reached operating temperature, check the transmission fluid level. Vehicle should be on a level surface in park. - Final Preparationn Now, turn off all the lights and the engine and remove the wheel chocks. If your vehicle is safe and in good condition, you are finished with your daily inspection. This manual was developed by the Florida Department of Transportation Public Transit Office Page 17 of 24 16 B 6 If you are not sure or not satisfied with the condition of the vehicle, check with a supervisor before driving the vehicle. Remember that any problems you experience with the vehicle during your shift should be reported so- that-repairs- or-adjustments-can-be-made-as~quieldy as-possible. At the end of your shift, turn in the Daily Vehicle Inspection Checklist to the maintenance manager or your supervisor. GENERAL NOTES ABOUT THE DAII.¥ VEHICI.R INSPECTION CHECKLIST An important part of preventive maintenance is the establishment of strong communication ties between drivers, mechanics/repair garages and management. An easy way to ensure and document this communication link is by way of the driver's Daily Vehicle Inspection Checklist. Drivers shouM be given blank copies of the checklist to keep on a clipboard in their vehicle. Each driver will need to conduct the inspection and fill out the checMist before beginning their. route. Safety problems shouM be reported immediately before you start your route. Drivers should add comments to the checklist ifa problems arises during the shift. The person designated responsible for the maintenance of the vehicles shouM monitor these checklists daily and schedule maintenance accordingly. The checklist provided is a sample and you may choose to add or delete items at your discretion, provided it meets or exceeds the minimum requirements in Rule 14-90.006(7)(a) Florida ,ddministrative Code. In any case, documented daily inspections must be included in the permanent vehicle file. COMPREHENSIVE MAINTEN~CE RECORD A Comprehensive Maintenance Record should be kept on file for each vehicle. This record should be filled out every time any maintenance is performed on that vehicle. Benefits of keeping a Comprehensive Maintenance Record on file are as follows: · provides quick reference to the vehicle · pr?ides a complete history of repairs · identifies chror~c problems · shows trends in mileage and fuel consumption This ir~mal was developed by the Florida Department of Transportation Public Transit Office Page 18 of 24 track responsibility for repairs 16 6 · records the amount of time Vehicle is not available for service COMP~HENSIVE MAINTENANCE RECORD FORMS There are three basic forms commonly used for proper maintenance records. They are the Work Order, Monthly Summary and the Maintenance Log. Used properly they are a valuable tool in r.eco~izing and correcting problems before they become costly. They are also a valuable tool for monitoring the quality of service you receive from a repair shop. Below is a brief description of the forms found in this manual. Work Order This is a detailed description cfa specific repair performed on your vehicle. This form should be used for either in-house or private garage repairs. It can be very helpful when you are trying to identify a chronic problem or research maintenance history. Monthly Summary_ This form provides a monthly summary of the vehicles use. It will show trends in mileage and fuel consumption, provides a quick reference to the vehicle and records the amount of time the vehicle was not available for service. Maintenance Log This form provides a complete history of repairs, identifies chronic problems and tracks responsibility for repairs. The entire fleet is usually maintained in one book which will provide a quick reference to the vehicle without having to pull the file. This manual was developed by the Florida Department of Transportation Public Transit Office Page 19 of 24 Carrier Name: WORK ORDER c~c~ ~ ~ ~o*~cA~ [----] wo~ O~E~ # I Vehicle No. Car ......... Mak_._..~e Model ~'~(IN_ Odometer Reading Van Bus Shop Date IDate Location Shopped Released REPAIR INSTRUCTIONS MATERIAL USED OUTSIDE REPAIRS Quart. Part No. Description Unit Price Description Unit Price $ $ $ $ COST SUMMARY Total [~bor Total M~teri_ '~1~ Total Outside $ Job Total $ MECHANIC LABOR HOURS This ir~.auai was developed by the Florida Deparnnent of Transportation Public Transit Office Page 20 of 24 MAINTENANCE LOG Vehicle No. Tag/t: VIN: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by This manual was developed by the Florida Department of Transportation Public Transit Office Page 22 of 24 MAINTENANCE LOG Vehicle No. Tag//: VIN: 16 B 6 ~' i Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by Date Description of Repair Mi!~age Re?~red by This manual was developed by the Florida Department of Transportation Public Transit Office Page 23 of 24 MAINTENANCE LOG Vehicle No. Tag//: VIN: Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by Date Description of Repair Mileage Repaired by -\ This manual was developed by thc Florida Dcpartngnt of Transportation Public Transit Office Page 24 of 24 16B7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16B8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 16BII DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 Vineyards/Pine Ridge Road Median Irrigation Installation COLLIER COUNTY BID NO. 03-3490 COLLIER COUNTY, FLORIDA (Transportation Landscaping Projects) Design Professional: McGee & Associates COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 3/3/2003 8:38 AM TABLE OF CONTENTS 16B12 B. C. D. E. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) INSTRUCTIONS TO BIDDERS BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS AGREEMENT AGREEMENT EXHIBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT E-l: EXHIBIT Fl: EXHIBIT F2: EXHIBIT G: EXHIBIT Gl: EXHIBIT G2: EXHIBIT H: EXHIBIT HI: EXHIBIT H2: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHIBIT L: Not used Insurance Requirement Form Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Irrigation Substantial Completion Form Certificate of Landscaping Substantial Completion Form Final Payment Checklist Certificate of Landscaping Final Completion Landscaping Warranty General Terms and Conditions Dispute Resolution Procedure Maintenance of Traffic Policy Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by McGee & Associates and identified as follows: Vineyards/Pine Ridge Road Median Irrigation Installation, as shown on Plan Sheets I-1 through I-5. 3/4/2003 8:45 AM 16812 PART A- PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA Vineyards/Pine Ridge Road Median Irrigation Installation COUNTY BID NO. 03-3490 Separate sealed proposals for the construction of the Vineyards/Pine Ridge Road Median Irrigation Installation, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 1st day of April, 2003, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Conference Room at 11:00 A.M. LOCAL TIME on the 19th day of March, 2003, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Vineyards/Pine Ridge Road Median Irrigation Installation, County Bid No. 03-3490 and Bid Date of April 1, 2003". No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR-P-1 through TR-P-13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of Transportation Operations, 2705 S. Horseshoe Drive or at the Purchasing Department, Purchasing Building, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 941-774-8407, upon payment of $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required,, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 TR-PN-1 __ 3/4/2003 8:20 AM Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent Iow Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within sixty (60) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 7th day of March, 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Stephen Y. Carnell Purchasing Director TR-PN-2 3/3/2003 9:52 AM 16 12 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P-1 to TR-P-13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR-IB-1 3/3/2003 8:38 AM Section 3. Bid Deposit Requirements 16B12 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) catendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Si_~ning of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. TR-IB-2 3/3/2003 8:38 AM 16812 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. TR-IB-3 3/3/2003 8:38 AM 8.3 .... As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documen~ 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; bo Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR-IB-4 3/3/2003 8:38 AM 16B12 set f6rth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR-IB-5 3/3/2003 8:38 AM 16812 Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 3/3/2003 8:38 AM TR-IB-6 COLLIER COUNTY GOVERNMENT 16 12 PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION ADDENDUM 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http'J/co.collier.fl.us DATE: TO: FROM: SUBJECT: March 25, 2003 Interested Bidders Lyn M. Wood, C.P.M. ji01~ Purchasing Agent Addendum # 1 - Bid #03-3490 - "Vineyards/Pine Ridge Road Median Irrigation Installation" Addendum #1 covers the following change for the above-referenced Bid: Replace: the Contract Proposal pages TR-P-2 through TR-P-2c from the original packet with the attached revised Proposal Pages. Bidders must use the Addendum Proposal Page in order to be considered for award. The following are clarifications made to attendees at the pre-bid conference on March19, 2003: 1. Bores shall comply with FDOT Utilities Accommodation Manual and District 1 installation policies. 2. Delete pages TR-CA-A-1 through TR-CA-A-3 as no payment bond will be required. 3. The County will secure the Right-of-Way Permit. 4. The County will install the meter and backflow prevention device and the Contractor will be required to tie into the water source. If you require additional information please call me at 239/732-2667or by e-mail at LynWood @ collie rqov. net. cc: Pam Lulich, Alternative Transportation Modes Mike McGee, McGee & Assoc. 16812 16B12 m > >'= o:'~§= · ~'~6~ · o o8~' ~ ~o ~ 0 ~ ~ ~ ~ ~ ~ 0 .... _ ~ 8~ E ~ -~ I I I ~ 0 C ~ .~ .... ~ ~ ~ I I o ~' -- = > :: : o~ ~ 88 ~ ~ .... 2 ''' ~ o ~ ~ m o , I I ~ o~ ~ : -- m m ~ ~ ~N o m o ~ '- :~ ~ 5 ~ ~ ~ ~ ~:'-~ ~ . m ~ '- ' ~o o ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 I I I~ ~ ~ '-- ~ ~i~ o ~ I I I~., = ~, · ~='- ~ , , i 16812 BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Full Name of Bidder Main Business Address Place of Business Vineyards/Pine Ridge Road Median Irrigation Installation BID NO. 03-3490 Hannula Irri~]ation, Inc. 28131 Quails Nest Lane, Bonita Springs, FL 34135 Bonita Springs Telephone No. (239) 992-2210 Fax No. (239) 498-6818 State Contractor's License # N/A Collier Count), Occupational Lisc. No. 92187 _ To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) _ The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the __ proposed forms of Agreement and Bonds, and the Contract drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Contractor's Addendum Number Date Issued Initials 1 March 25, 2003 D~¢ ~ Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the -'form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation _services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance _specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. TR-P-1 i 'l~ ~ ! ._i 161~12 0 0 0 0 0 CD L.O CD 0 0 CD 0 0 ~ 0 LO 0 CD) 0 0 0 0 ,r- (N 0 0 0 0 0 ~ ..... 0 ~ o ~ ~ ~ ~ ~ ~ ~ I 0 ~ 0 0 0 0 ~ 0 ~ 0 0 ~ 0 0 0 ~ 0 ~ 0 0 0 0 ~ ~ ~ 0 0 0 0 ~ 0 L ~-- o ~ > ~ ~ ~ o~c_ 'c m~~ o ~ Lo o ~ ~ ...... ~m ~ .- ._ . ~ ~ ,.- " :~ b ~ ~ ~ N o -- __ __ ~ , 'C - ~ ~ E ~ ~ ~ - ~oo o _ _ J~ ~w www ~E m ~ ~=~. - ._ C ~ ~ .-- o oooO. OOOO oooooo o gs6L ~ 0 w- 0 0 0 0,1 ~0 0 0 0 0 0 ~ ~ ~ oooo ~ o oo oo ~ ~ 0 0 ~ ~ ~ 0 ~ ~ ~ 0 0 ~ ~ o . '~ o'~ ._ .- '- 0 ~ ~ ~ =-[ .- ~ '-~ 0 ~ °~ = o 8= 'E~ ~ ~'- '-- - . - 0 .- ~ .-~ ~-- ~ E~ The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not -approved by Engineer, Bidder shall furnish the manufacturer named in the specifiacation. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL Irri~Iation MANUFACTURER Toro, Hunter, Nelson, Hit 3 6 Dated April 1, 2003 BY: Hannula Irrigation, Inc. Dhle F. Hannula, President TR-P-3 LIST OF SUBCONTRACTORS - The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added _ to nor altered without written consent of the Project Manager. The undersigned further acknowledges its resposibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal - requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non-compliant or non-qualified subcontractors in his/her bid offer. - Further, the County may direct the bidder/contractor to remove/replace any subcontractor that is found to be non-compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED -NON-RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address American Borin~ 6560 Pan~lola Drive -- Ft. Myers, FL 33905 2 Bently Electric --4 P.O. Box 10572 Naples, FL 34101 Dependable Sod 4306 Progress Ave. Naples, FL 34104 Class of Work to be Performed Directional Bore Electric Service Sod Repair .-5 ._6 Dated April 1, 2003 BY: Hannula Irri~lation, Inc. _Bidder , TR-P-4 STATEMENT OF EXPERIENCE OF BIDDER - The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference --1 SR 90 Phase A Naples, Florida Collier County (239) 774-8494 Mr. Bob Petersen Davis Blvd. Naples Florida Collier County (239) 774-8494 Ms. Pam Lulich __3 CR 951 Naples, Florida Collier County (239) 774-8494 Mr. Val Prince 4 Tropicana Blvd. Golden Gate City, Florida Collier County (239) 774-8494 Mr. Bob Petersen 5 Immokalee Trian~lle Immokalee, Florida Collier County (239) 774-8494 Mr. Bob Petersen 6 -- Dated April 1, 2003 BY: Hannula Irri~lation, Inc. Dale F. Hannulh TR-P-5 16B12 TRENCH SAFETY ACT - Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, _ 1990. The Bidder further identifies the cost to be summarized below. Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1 6 Foot L.F. 1 Mile 0.05 2 2,178.00 --5 TOTAL $ 2,178.00 _ Failure to complete the above may result in the Bid being declared non-responsive. DATE April 1, 2003 Hannula Irri~lation, Inc. Bid. der~ ,~ bale F. Hannula, President TR-P-6 1681 CONFLICT OF INTEREST I Bidder shall provide full disclosure of information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2 Bidder shall provide a declaration of commitment not to pursue any private sector work within _ the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager. A waiver may be granted at the sole discretion of the - County. 3 Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. -Failure to provide the documentation requested above may result in the Bid being declared non-responsive. Hannula Irri~lation, Inc. By: Date April 1, 2003 Its Contractor DaTe F. Hannula President TR-P-7 16B12 Bid Bond Attached In Accordance With Bid Specifications. _Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within then (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: _ dollars ($ 5% of Bid ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the cemmencement date stipulated in the written Notice to Proceed _unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within sixty (60) consecutive calendar days for the Irrigation portion of the work and one _hundred twenty (120) days for the entire project, computed by dxcluding the commencement date and inslucing the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred forty (140) consecutive calendar days, computed by excluding the ._commencement date and including the last day of such period. Respectfully Submitted: -State of Flodda County of Lee Dale F. Hannula , being first duly sworn on oath deposes '-and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. '- Dale F. Hannula , also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are --true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of Hannula Irrigation, Inc. ._and the full names of its officers are as follows: Florida President Dale Frederick Hannula Secretary Dale Frederick Hannula Treasurer Manager Dale Frederick Hannula Russel Prophit TR-P-8 16812 and it (does) or (dees-Re~ have a corporate seal. The (name) Dale Frederick Hannula is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken June 15, 1998 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership _ The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A The co-partnership does business under the legal name of: N/A ( c ) !ndividual The Bidder is an individual whose full name is operating under a trade name, said trade name is DATED April 1, 2003 -- Witness N/A , and if N/A Hannula Irri~lation, Inc. legal entity BY: Dale Frederick Hannula N~,'~f Bidder (Tryped) Sig~at-ure - ' ' President Title [Corporate Seal] TR-P-9 STATE OF Florida COUNTY OF Lee 16 12 The foregoing instrument was acknowledged before me this _ by Dale Frederick Hannula _ My Commission Expires: 1st day of April ,2002, , as President of Hannula Irrigation, Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced N/A as identification and did (did not) take an oath. NAME: Gina D. Thomas (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Flodda Commission No.: cc925147 TR-P~10 -- 0~L2o, 2003 07:16 239498681B HANNULA LANDSCAPING PAGE I 1 1 Bond Number: 3420~ 161 12 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we NOVA Casualty ,Cc~2any Hannula Irrigation, Inc. (herein after called the Principal) and i(herein called the Surety), a corporation chartered and existing under the laws of the State of t%-,w..¥~k with its principal offices in the city of re,cC=in _ and authorized to do business in the state of ~orida are held and firmly bound i unto the C~!!!~ r.-.mty P, oa~ o~ county c.r.m~.~s-i~m-~ (hereinafter called the Owner, in the full and just sum of Five ?e=ce~t of The Amou~..Bid ~ ~oZla~s dollars ($ 57. of ]~id ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety _ bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, 1 J Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Vineyards/Pine Ridge Road Median Irrigation Installation Bid No. 03-3490 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (1 00%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duty signed and sealed this 28t_h day of ~-c]~ ,2003. BY Harmula Irrigation, Inc. (Seal) 3/3/2003 8:38 A_M TR-P-11 ~ 03/2~/2005 07~16 ~394986~1~ H~N~UL~ L~N~$CAPING PAG~ 04 Local Resident Producing Agent for 16 12- NOVA Casualty Cc~pany DaCJ. d B. Sh~ck, Attbrney-In-Fact (Seal) , ~ Countersigned mvid B. Shick, morida Resident ,~,mat ~VA Casualty CompmV 3/3/2003 8:38 TR-P-12 NOVA CASUALTY COMPANY (716) 856-3722 :. KnOW all:?men::by:theSe PresentS~:.:that the:NOVA:CASUALTY COMPANY~ a :corPoration '0f:the::::: _ State of New York, haVing ts PrificiPal offices in the City of'BUffaib/'NeW YOrk, does makei:Constitute and '~PP°ifit **~DAVID B SHICK, DAVID R. TURCIOS & MARK J. CLEMENTS*** --::: itStrue:and !awfUi Att°r"ey(s)-in-fact t°make;:e×ecuie; se~l: and deliver forand::°n its behalf: aS:~urety, and as ts .': a~anddeed' any and ail bonds, undertakings and;C6nt:racts of:suretyshiP:;:PrO~ided:~at no:bbnd 6r U:ndertak ng or ~ :ContractOfSuret~shi~;eXecuted under this authori~ ShaJt exceed in amount;the ***NOT TO EXCEED $250,000*** This Bower~of Attomey is granted and is signed and sealed by facsimile under and:.by the authori~ of the fei, lowing ResOiutior~ ~d,0Pt~'d;:.~Y:the ~i'd::of D irectO~ (~f NOVACASUALTYCOMPANY a-~ a:meefing::dgl~:~aiied held on the'~8th?daYOCtober;?i993:::: ::: ;::; ';:~: ': : .: authorization to appoint by a Pdwer 0f Attorney for ~e purposes only of exec~tihg and attesting bo~s arid. undertakings, and other writings obligatory in the naJur~.th~re,' of, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company: the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and ~ any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so exe- : ::: :cuted:~nd Certified by facsim le signatures and facSi~lte::seaf:;shatt:b~:~validandbir~Jing::upon the Company ~ the ftrture:wthi:re~ tO::any:bend 0¢ undertak ng or other :Writingbbl!gat0rY:i8 the:~atum ihereOf to which it iS attache, Afi~, ~uch ~POin~ment ~A~¢;berevoked, for ~lse?r W¢~but cause, by a~0f s~i(loffiCers, at any time," In Wit~esS Wheie°f, the NoVA CASUALTy.COMPANY has caused:these P:resents;t° be sighed by its officer -- ::undersign~d:andits cbrPorate seal t°be hereto.affixed: dUll:attested by its S~ret&rY,::thi§ 2;l:Sf. daY:'~fOctober, 1993. Attest: NOVA CASUALTY COMPANY ._ CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors ofsaid corporation and that he signed his name thereto by like order · -- %~.. ..~,~" / .ry Public; Erie Co, NY ; ~¢.. ¢ y Commission Ex ,res Jul 25 1994 · ~ . ~,~ ....... P ..... Y . · .': ~. · .: ..... : ~lti~,. :'.: ". :: :~:. :: .... ;: I':';;th~ U~der~e~, ~ly e ectedr° ~ °ffise :sta~ed~l°¢; nOw the incumbent :~n RO~ CASUAL~ COMPANY, a : New Y~=~C0~r~tl~, ;fiUthorized to maEe thlS C~dific~te~: DO~:REREBY CERTi:~ that:(he:fotegbf~g a~Ched Power of AEomey remains in full force and has not been revoked; and fu~hermore that the Resolution of the Board of Dire~ors. set fodh in the Power of A~orney is now in force. ~ Signed:and :~al~:at:t~'O~ of BUffalo Dated:.the-:: :.,[st ::~ ::~ :'::davOf :::~ ~ ~0~. v :' :. -' .. ~ ~O~% ~ ~nll~tUpnUl ~ Hoover, Treasurer This power is valid only if the power of a~orney number printed in the upper right hand corner appea~ in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of a~orney may be directed to the Bond Manager at the Home Office of the Nova Casual~ Company. 16812 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST - IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 1 2 3 4 5 6 7 8 9 The bid has been signed The bid prices offered have been reviewed. The price extensions and totals have been checked. The payment terms have been indicated. Any required drawings, descriptive literature, etc. have been included. Any delivery information required is included. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. Any addenda have been signed and included. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11 The mailing envelope must be sealed and marked with: ~ Bid Number; ~-~ Project Name; ~-~ Opening Date. 12 The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Hannula Ird~lation, Inc. zny Name ~gnature & Title'" President April 1, 2003 Date TR-P-13 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Hannula Irrigation, Inc. ("Contractor") of 28131 Quails Nest Lane, Bonita Springs, Florida 34135 a Florida corporation, to perform all work ("Work") in connection with Vineyards/Pine Ridge Road Median Irrigation Installation, Bid No. 03-3490 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & Associates, the Landscape Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work, Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount_ In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: sixty eight thousand one hundred eleven dollars and forty one cents ($68,111.41). TR-CA-1 4/23/2003 3:34 PM Section 4. Bonds. Payment and Performance Bonds are not required for this contract. 161]12 Section 5. Contract Time and Liquidated Dama.qe,,-. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. Contractor shall commence the Work within five (5) calendar days from the Commencement Date of each. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Irrigation Work shall be substantially completed within forty-five (45) calendar days from the Commencement Date. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial Completion is further defined as that date the Landscaping Project is finished to the satisfaction of the County and all pay items have been completed and accepted by the Owner. The work shall reach Final Completion and be ready for final acceptance by Owner within sixty (60) calendar days from the Commencement Date (herein "Contract Time"). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if all portions of the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete any portion of the Work within the time periods noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, six hundred seventy-six dollars and thirty- two cents ($676.32) for each calendar day thereafter until substantial completion is achieved for the Irrigation Work. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion for both or either portion of the Work, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of three hundred thirty-eight dollars and sixteen cents ($338.16), for each day after the time set for Final Completion for all portions of the Work, as set forth in paragraph five (5) above, until Final Completion is achieved. The Project shall be deemed to be Substantially Completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete all portions of the Work in a timely manner. 4/23/2003 3:26 PM TR-CA-2 16812 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete any portion of the Work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of six hundred seventy-six dollars and thirty-two cents ($67'6.32} per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion on any portion of the contract, the Contractor, or in the case of his default, the surety, shall pay the sum of three hundred thirty-eight dollars and sixteen cents ($338.16) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but TR-CA-3 4/23/2003 3:26 PM 16812 the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit El: Exhibit Fl: Exhibit F2: Exhibit G: Exhibit Gl: Exhibit G2: Exhibit H: Exhibit HI: Exhibit H2: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Not used Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Work Directive Change Certificate of Irrigation Substantial Completion Form Certificate of Landscaping Substantial Completion Form Final Payment Checklist Certificate of Landscaping Final Completion Landscaping Warranty General Terms and Conditions Dispute Resolution Procedure Maintenance of Traffic Policy Supplemental Terms and Conditions Technical Specifications Permits Plans and Specifications prepared by McGee & Associates and identified as follows: Vineyards/Pine Ridge Road Median Irrigation Installation, Sheets I-1 through I-5. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: TR-CA-4 4/23/2003 3:26 PM 16812 Pam Lulich, ASLA Alternate Transportation Modes/Design Operations 2705 S. Horseshoe Drive Naples, Florida 34104 Telephone: 239-734-0401 FAX: 239-213-5815 Email: PamLulich@colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Dale F. Hannula, President Hannula Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 Phone: 239-992-2210 Facsimilie: 239-498-6818 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire A_~reement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire TR-CA-5 -- 4/23/2003 3:26 PM 16B12 agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Cham3e Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR-CA-6 4/23/2003 3:34 PM below. 16S12 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated TWO WITNESSES FIRST WITNESS Type/Print Name Type/Print Name Date: "' .~.~,~, ~,, 2003 ~pproved A~%o Form and~~ Robe~ Zachhw / Assistant County Attorney CONTRACTOR: Hannula Irrigation, Inc. Type/Print Name and title Affix the "(Corporate Seal}" OR type/print "(Corporate Seal)" OWNER: BOARD OF COUNTY COMMISSIONERS OF COLL~OU~,~/LORIDt Tom Henning, Chairman TR-CA-7 -- 4/23/2003 3:26 PM _ C/ient~: 33375 HANLA1 r DATE (MM/DD/YY) COBD. CERTIFICATE OF LIABILITY INSURANCEos/15/o3 [PRODUCER THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Naples, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FL 34103 941 261 - 3646 INSURERS AFFORDING COVERAGE ~.R_~..,_ ~.- ...... _ ' ' I;NSURERA: Cincinnati ins~ra~c~ c0~pany ~n,~u.~ ,.an~scaplng, ±nc .... · [INSURERB: FCCI Insurance Company IHannula Irrigation, Inc. ~ ~ -- ~ INSURER C: ~ ~, 4-28131 Quails Nest Lane [iNsURERL ' '~ ~__ r~ ~ ~ Bonita Springs, FL 34135-6930 ~'N~U~[~: ~ OUt ~ COVERAGES = ' ' ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,NSR ! TYP~OF,N%"~NC" ~ PO',~F~CT,VE POUCY~XP,RATION A ~GE~NERALL,AB,L,TY CPP0732050 /01/13/03 [01/13/0~ [~.occu..~.c~ '.1~000. 000 [ X ~CO~MEROIALGENE.ALLIABIL,~ [ ~ ;IRE DA~A~ ~fnY chi;ire) Si 0 6 ~ ~6 0 ~ ~ ,PeRSONALaAOV~JU~y l$1~000~000 o~..~o.~o~,~,~.~,~s~.: ~%~o~s :~0~.o; ~; ~ ~ ~ 0 6 o~ o o o -'lB CPP0732050 GARAGE LIABILITY ANY AUTO EXCESS LIABILITY ,CCC4457010 AUTOMOBILE LIABILITY ALL OWNED AUTOS X t SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS Mi RETENTION $0 J WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER 001WC02A40029 01/13/03 10i/i3/04 COMB,NEDS,N~LEL,M,T 01/13/02 (La accident) ] $3 0 0 , 0 0 0 BODILY INJURY (Per person) $ BODILY N JURY , $ I(Per accident) I PROPERTY DAMAGE (Per accident) I $ AUTO ONLY - EA ACCIDENT $ Ol/Ol/O3 OTHER THAN EA ACC ] $ AUTO ONLY: AGG i $ 01/13/04 J EACHO__CCURRENCE $6, 000~ 000 !AGGREGATE . [~6, 000~ 000 WC STATU- OTH- 01/01/0/t: i TORY.LIMFI'S ER j IL.,. EACH AC~,DE,T ! ~__~ 0 0,_0 ~ 0~ I E.L. DISEASE- EA EMPLOYEEJ $ 00 E.L. ;ISEASE- POLICY LIMIT [ $5 0 0 / 0 DEscR~P~N~F~PERAT~N~L~cA~EH~cLE~E~LUS~N~ADDEDBYEND~RsEMENT/sPEc~ALPR~V~s~NS RE: Contract #03-3490 Vineyards/Pine Ridge Road Median Irrigation ICertificate Holder is Named as Additional Insured As Respects to: -".General Liability Only· This Insurance is Primary with respect to operations of the Named Insured· Naiver of Subrogation in favor of ICertificate Holder. --CERTIFICATE HOLDER r X i ~Bm~INSURED;INSURERLE~ER: A CANCELLATION Installation jCollier County Government Purchasing Department 3301 E. Tamiami Trail iPurchasing Building JNaples, FL 34112 ACORD25'S(7/97)l of 2 #S221067/M210875 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3~) DAYSWRI'DrEN NOTICETOTHE CERTIFICATE ~H~DERNAMED TOTHE LEFT, BUTFAiLURE TODOSOSHALL IM POSE NO OBLIGATION OF~ABILITY OF A~y KiND UPON TH E iNSURER,iTS AGENTS OR REPRESENTATIVES. ~F/FZ. .~ JCL © ACORD CORPORATION 1988 16/ 12 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance 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 be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) 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. (8) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the ContractodConsultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR-CA-B-1 3/3/2003 8:38 AM 16B12 (10) 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, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after 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 by this Agreement? X Yes ~ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/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: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 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. [-'] Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. [-~ Applicable x Not Applicable TR-CA-B-2 3/3/2003 8:38 AM 16B17: COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (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. Limits of Liability shall not be less than the following: General Aggregate $ Products/Completed Operations Aggregate $ Personal and Advertising Injury $ Each Occurrence $ Fire Damage $ 300,000 300,000 300,000 300,000 50,000 General Aggregate $ 500,000 Products/Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,OO0 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This 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." (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 Reporting 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. TR-CA-B-3 -- 3/3/2003 8:38 AM 16B12 (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. [--~ Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. []Applicable x Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) 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, property 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. (2) Property insurance shall be on an all-risk policy form 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. (3) The property insurance provided by the 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 $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions 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 Work in transit. (5) 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- contractors in the Work. TR-CA-B-4 3/3/2003 8:38 AM 16 12 (6) 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, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit 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. (7) 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 insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? 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: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage 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. TR-CA-B-5 3/3/2003 8:38 AM COUNTY Of COLLIER ) STATE Of FLORIDA ) EXHIBIT C. RELEASE AND AFFIDAVIT FORM 16B12 Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor~') releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 2003 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. ~ CONTRACTOR BY: ITS: President Witnesses DATE: STATE OF COUNTY OF [Corporate Seal] The foregoing instrument was acknowledged before me this ~ day of ,2003, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TR-CA-C-1 3/3/2003 8:38 AM EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT 16812 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: RE: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Bid No. Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date % Less Retainage % Total earned Less Retainage Less previous payment (s) LESS AMOUNT DUE FOR LIQUIDATED DAMAGES AMOUNT DUE THIS APPLICATION: $ ($ .) $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through ~ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional' (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TR-CA-D-1 -- 3/3/2003 8:38 AM 16812 CHANGE ORDER NO. TO: EXHIBIT E CHANGE ORDER CONTRACT NO. 16812 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($ ). Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) $. Present Agreement Amount The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (.~.) calendar days. The substantial completion date is and the final completion date is modification to our Agreement and will be performed subject 'ioY°ur acceptance of this Change Order shall constitute a all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute 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. Accepted: ,2003 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL By: TR-CA-E-1 -- 3/3/2003 8:38 AM PROJECT NAME: Exhibit E1 WORK DIRECTIVE CHANGE 16812 CHANGE# DATE OFISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners ................................................. ................................................................................................................................ PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: [] Unit Prices [] Lump Sum [] Other Method of determining change in Contract Times: [] Contractor's records [] Engineer's record [] Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: Engineer/Consultant Contractor TR-CA-EI-1 By: Owner's Representative 3/3/2003 8:38 AM EXHIBIT F'I CERTIFICATE OF IRRIGATION SUBSTANTIAL COMPLETION 16 12 OWNER'S Project No. PROJECT: DESIGN PROFESSIONAL'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of Amedca. Reprinted 5/85 TR-CA-FI-1 - 3/3/2003 8:38 AM 16B12 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2003 By:, OWNER Type Name and Title TR-CA-F1-2 3/3/2003 8:38 AM EXHIBIT F2 CERTIFICATE OF LANDSCAPING SUBSTANTIAL COMPLETION 16fll OWNER'S Project No. PROJECT: DESIGN PROFESSIONAL'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of Arnedca, Reprinted 5/85 TR-CA-F2-1 3/3/2003 8:38 AM 16812 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2003 By: OWNER Type Name and Title TR-CA-F2-2 3/3/2003 8:38 AM EXHIBIT G FINAL PAYMENT CHECKLIST 16 12 Bid No.: Project No.' Date: ,2003 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: YES NO Final Contract Amount: All Punch List items completed on Calendar Days. Calendar Days. 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Substantial Completion issued on 8. Final Payment Application and Affidavits received from Contractor on: 9. Consent of Surety received on 10. Operating Department personnel notified project is in operating phase. 11. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Design Professional: By Contractor: By Owner: TR-CA-G-1 (Company Name) (Signature) (Typed Name & Title) (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) -- 3/3/2003 9:00 AM EXHIBIT G1 CERTIFICATE OF LANDSCAPING FINAL COMPLETION 16B12 OWNER'S Project No. PROJECT: ENGINEER'S Project No, CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910-8-D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR-CA-GI-1 3/3/2003 8:38 AM The ~ollowin~l warranty is attached to and made a part of this Certificate: 16817 EXHIBIT G-2 Executed by Design Professional on ,2003 Design Professional By:, Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on ,2003 ,2003 By:. OWNER Type Name and Title TR-CA-G1-2 -- 3/3/2003 8:38 AM EXHIBIT G3 LANDSCAPING WARRANTY 16812 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be flee of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: CORPORATE SEAL Attest: TR-CA-G3-1 3/3/2003 8:38 AM EXHIBIT H GENERAL TERMS AND CONDITIONS 16 12 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR-CA-H-1 3/3/2003 8:38 AM 16812 climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. Lane closures shall be permitted only between 9:00 a.m. the 3:30 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR-CA-H-2 3/3/2003 8:38 AM 4.' PROGRESS PAYMENTS. 16B12 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. TR-CA-H-3 3/3/2003 8:38 AM 16B12 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR-CA-H-4 3/3/2003 8:38 AM 161 12 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR-CA-H-5 3/3/2003 8:38 AM Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR-CA-H-6 3/3/2003 8:38 AM 16 12 guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DALLY REPORTS, AS-BUILTS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1. Weather conditions showing the high and Iow temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR-CA-H-7 3/3/2003 8:38 AM 16 12 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. curbing or sidewalk). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the 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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR-CA-H-8 3/4/2003 8:49 AM 16812 enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR-CA-H-9 -- 3/3/2003 8:38 AM 16812 and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure in Exhibit H1. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. TR-CA-H-10 3/3/2003 8:38 AM 12. OTHER WORK. 16812 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR-CA-H-11 3/3/2003 8:38 AM 16812 Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorJendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14, COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR-CA-H-12 3/3/2003 8:38 AM 17. PERMITS, LICENSES AND TAXES. 16~12 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR-CA-H-13 3/3/2003 8:38 AM 18.3: If Owner deems any of the foregoing remedies necessary, Contractor agrees t II not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION, 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR-CA-H-14 3/3/2003 8:38 AM exclusive remedy shall be to seek an extension of time to its schedule in acc ~ ~/ th~ procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete and request that Project Manager issue a Certificate of Completion (substantial or final Certificate of Completion). Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Design Professional and Project Manager do not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Design Professional and Project Manager consider the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR-CA-H-15 3/3/2003 8:38 AM 16812 Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR-CA-H-16 3/3/2003 8:38 AM 22. TESTS AND INSPECTIONS. 16812 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- TR-CA-H- 17 3/3/:2003 8:38 AM 16812 defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If the Project Manager consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work TR-CA-H-18 3/3/2003 8:38 AM 16 12 all materials and equipment stored at the Proiect site or for which Owner has paid Contractor but ~hich are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. TR-CA- H- 19 3/3/2003 8:38 AM 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; TR-CA-H-20 3/3/2003 8:38 AM 28.1.2. All the Work and materials and equipment or off the Project site; and 16812 to be incorporated therein, whether in storage on 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that require the contractor to provide traffic control, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy. A copy of the Policy is attached hereto as Exhibit H~2. MOT is to be provided within ten (10) days of receipt of Notice of Award. TR-CA-H-21 ._ 3/3/2003 8:38 AM 32. DIRECT PURCHASE 16812 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this (choose one) Bid/RFP/Agreement which shall take precedence over other conditions and terms of this (choose one) Bid/RFP/Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County-furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. TR-CA-H-22 3/3/2003 8:38 AM Co The transfer of possession of County-furnished materials from the County to the Co, a r shall constitute a bailment for the mutual benefit of the Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 33. SANITARY FACILITIES Contractor shall provide sanitary facilities on the work site areas as approved by the Owner and shall be no further from work area than one quarter (1/4) mile. TR-CA-H23 3/3/2003 8:38 AM EXHIBIT H1 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 16812 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: o 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 3.2 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. TR-CA-HI-1 3/3/2003 8:38 AM 3.3 3.4 3.5 3.6 Prior to the institution of any litigation in a circuit court against Resolution process must be initiated. 16812 Collier County, this Dispute Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. The claim must be a dispute between the County and the prime contractor. The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a contractor's performance under the contract. basis for delay of the INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the'&pPlicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. Co Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. TR-CA-H1-2 3/3/2003 8:38 AM 16812 e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the heating or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the heating. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the heating. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the heating. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any heating may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attomeys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 3/3/2003 8:38 AM TR-CA-H1-3 o CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 16812 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the oppommity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. Ail arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. TR-CA-H2-2 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7- TR-CA-H1-4 3/3/2003 8:38 AM 8.3 '16B12 calendar day increments. A request for a continuance must be submitted to the mediator no later than 48- hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior.to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party falls to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any TR-CA-H1-5 3/3/2003 8:38 AM 10. arbitration, but shall not be assessed for a mediation. The parties shall equally remit all charges to the Court Program upon the conclusion of the ADR Process. share~l c6s~lanl, sh2 MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. do The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. TR-CA-H1-6 3/3/2003 8:38 AM TIME CHART FOR ADR 16812 Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County-furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement cost of any County- furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting fi.om any delay in the delivery of, or defects in, County-fimfished materials, except in the event of the County's gross negligence or willful misconduct. 3/3/2003 8:38 AM TR-CA-H1-7 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Vs. Claim No. Respondent NOTICE OF CLAIM Claimant, , hereby notifies , Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution Procedure. Name of Project: Date of Contract: Date Claim: Summary_ of the Claim: Estimated Amount of Claim: Date: Claim Filed by: TR-CA-H 1-8 3/3/2003 8:38 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16 12 Claimant Vs. Claim No. Respondent REQUEST FOR ARBITRATION Claimant, Name of Project: Date of Contract: Party_ Requesting Negotiation: Date: ., hereby requests negotiation of the above-referenced Claim. Received by: Date Request Received: Comlnents: TR-CA-H1-9 3/3/2003 8:38 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16B12 Claimant Vs. Claim No. Respondent REQUEST FOR PRE-SUIT MEDIATION Claimant, referenced Claim. Name of Project: Date of Contract: Party Requesting Arbitration: Date: , hereby requests PRE-SUIT MEDIATION of the above- Date Request Received: Comments: Received by: TR-CA-HI-10 3/3/2003 8:38 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 161 12 Claimant Vs. Claim No. Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant/Respondent CLAIM BY THE PARTIES. Name of Project: Date of Notice of Claim: Date of Request for Nezotiation of the Dispute: Comments: ., hereby REQUESTS NEGOTIATION OF THE Signed: 3/3/2003 8:38 AM TR-CA-H 1-11 Effective Date: Subject: EXHIBIT H2 OFFICE OF THE COUNTY ADMINISTRATOR ADMINISTRATIVE PROCEDURE CAA INSTRUCTION: 5807 March 13, 2000 (Revised: July 24th, 20Ol;October 1, 2001) Maintenance of Traffic (MOT) Policy 16S12 PURPOSE: The purpose of this Instruction is to assure that all work being performed in county rights-of-way is performed following both The Manual On Uniform Traffic Control Devices (MUTCD) Standards (Current Edition) and Florida Department of Transportation (FDOT) standards (Current Edition), thus assuring a sa/e environment for workers, vehicular traffic and pedestrians on all county roadways, streets, bike paths and sidewalks. Short-term projects lasting 1 hour or less, shall not be held to the same planning and procedural requirements outlined in this policy, however, they shall still be subject to all MUTCD and FDOT standards. CONCEPT: This policy shall apply to all work performed in Collier County rights-of-way, including that performed by contractors working for the county, contractors working for developers, utility companies (including work performed by their personnel or sub-contractors) and all county work forces within each department of each division. Both departmental requirements (internal) as well as contractor (external) requirements are outlined in this policy. A copy of this policy shall be attached to all Right-of-Way Permits issued by Collier County's Planning Services Department or Collier County's Transportation Department and maintained with such permits, by the contractor for compliance documentation. This instruction references MUTCD Section VI and the 600 Series of the Florida Department of Transportation Roadway & Traffic Design Standards. It shall be the sole responsibility of each contractor or department to be familiar and understand the MUTCD and FDOT Standards, including any and all changes, updates or revisions made to these instructions. GENERAL DEFINITIONS: Certified Work Zone Employee - Means any employee, who by acceptable certification, has obtained the knowledge, competency, has the experience and holds responsibility for developing and/or ensuring the proper setup of the Maintenance of Traffic Plan or Joint Maintenance of Traffic Plan. Collier County Work Zone Safety Inspector - Shall mean any Collier County employee, who by way of training certification and knowledge of traffic safety, has been designated by Collier County's Risk Management Department as a "Work Zone Safety Inspector." Collier County Work Zone Violation Notice - Means the Collier County form that is used to notify a contractor of violations present in a particular work zone. This form is also used for documentation purposes should it be necessary to take/defend legal action suits (See attachment # 2). TR-CA-H2-1 3/3/2003 8:38 AM Contractor - For all purposes associated with this policy, the term "contractor" s~ll~f~te~2~nd all contractors and/or their respective sub-contractors, working for Collier County, contractors working for developers, utility companies and any and all sub-contractors working for any of the above- mentioned parties. Downstream (Trailing) Contractor - Shall mean the contractor at the Terminating end of a multiple contractor work zone (MCWZ). Joint Maintenance of Traffic Plan (JMOT) - Shall be similar to the standard MOT Plan Form except that the JMOT shall clarify exact roles in the Multiple Contractor Work Zone (MCWZ), such as Upstream, Middle and Downstream contractors (See attachment # 3). Lane Closure - For all purposes associated with this policy, the term "closure" or "closures" shall refer to any closing of a Collier County Roadway, Street, sidewalk, median or bike path. Mainstream (Middle) Contractor(s) - Shall mean the contractor(s) located in between the Upstream and Downstream Contractors involved in a Multiple Contractor Work Zone (MCWZ). Maintenance of Traffic Plan (MOT Plan) - Shall mean a form used to describe, in detail the exact location, date, and setup criteria needed and used in conjunction with any "work zone" deemed necessary within a Collier County Right-of-Way (See attachment # 4). Multiple Contractor Work Zone (MCWZ) - Means any "work zone" that may require two or more contractors to work within 300 feet of one another within the same Collier County Right-of-Way. Right-of-Way(s) - Shall mean any Collier County Roadway, Median, Bike Path, Sidewalk and/or any distances from the edge of these surfaces as established by Collier County. "Shall" or "Must" - These terms, when used are defined as meaning mandatory. Upstream (Leading) Contractor- Shall mean the contractor in the leading position of the Multiple Contractor Work Zone (MCWZ). Work Zone (WZ) - For all purposes associated with this policy, the term "work zone" shall refer to the entire area from Advanced warning location to the Termination area, where any operations are being performed on any Collier County roadway, street, median, bike path, sidewalk and within the width of any right-of-way associated with such roadways or streets, regardless of distance from roadway. INSPECTION DEFINITIONS: Additional Protection Needed - The existence of any condition or practice, which could potentially cause death or serious physical harm that was not visible on the JMOT and/or MOT written plan. This requires work to be stopped, if necessary, in order to make the necessary changes to the work zone. TR-CA-H2-2 3/3/2003 8:38 AM Minor I Non-Serious - The existence of any condition or practice, which has the potential to create traffic flow problems, minor visibility issues, etc., but is not serious enough to warrant a stop work condition. 161 12 Stop Work - Imminent Danger - The existence of any condition or practice which would reasonably be expected to cause death or serious physical harm before such condition or practice can be corrected. Work shall be completely stopped until all corrective measures have been applied. Stop Work - Noncompliance - A violation described in a notice has not been totally corrected within the noted abatement time, and the abatement time should not be extended. Work shall be completely stopped until all necessary corrections have been made. All other related definitions may be found in Part VI of the MUTCD A. General Safety Requirements (Internal and External): In addition to the safety requirements provided within this policy, each contractoddepartment shall have sole responsibility to follow all OSHA construction regulations. These regulations can be found in OSHA 29 CFR 1926. These regulations shall not be provided by Collier County and knowledge and understanding of these regulations are the responsibility of the contractor/department. EX. OSHA 29 CFR 1926.651, Subpart "P" Specific Excavation Requirements - outlines the minimum procedures required for performing trenching and excavation work in a safe manner. 2. Violations of OSHA regulations shall be documented and enforced in the same manner as violations of this policy. Failure to comply with any OSHA requirement may result in the same disciplinary action taken for a violation of this policy. Contractor Requirements (External): Each contractor shall maintain at least one employee on-staff that has obtained a Work Zone Traffic Control Safety Certification from the International Municipal Signal Association (IMSA) or an approved, equivalent certification from the American Traffic Safety Services Association (ATSSA), the Florida Department of Transportation (FDOT) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. Effective November 6, 2001 each contractor shall obtain one of the above mentioned certificates within sixty (60) days upon submission of a bid or prior to the start of any work activity and/or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown, loss of contract or failure to bid any additional Collier County Projects until certification is obtained. TR-CA-H2-3 3/3/2003 8:38 AM Each Contractor shall provide copies of certifications to Collier County's Risk management Department for documentation purposes. This file shall be evaluated for adequate certifications prior to any contract being awarded. A complete copy of the Collier County reVised MOT Policy is available from Risk management at (941) 774-8461. 1 6 j~ 1 2 Risk Management Fax #: 941-774-8048 Att: Safety Engineer Maintenance of traffic Policy Review shall be held during the initial pre-construction meeting in order to answer any questions that may arise regarding the policy. These meetings shall be coordinated through Collier County's Project Management, however, it is ultimately the contractor's responsibility to make sure all questions and concerns are addressed. The contractor shall submit a Maintenance of Traffic (MOT) plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The MOT Plan must be signed by the contractor's certified "work zone" employee and submitted to Collier County's Risk management Department before any work begins. A copy of the MOT Plan must also be kept at the work location at all times. Where permits are required to be obtained through Collier County's Planning Services Department or Collier County's Transportation Operations Department, copies of the MOT Plan must also be submitted to said department at the time of initial permit request. Planning Services Fax #: 941-643-6968 Trans. Operations Fax #: 941-659-5787 Att: Riqht-of-Way Permittin.q Att: Right-of-Way Superintendent In the event that the MOT plan changes during the project, documentation of the change(s) shall be made by the contractor's certified Work Zone Safety Inspector on the on-site MOT plan. The contractor is not required to forward the changes to the MOT plan to Collier County Risk management, Planning Services, Transportation Operations or their representatives. However, the contractor will be required to show changes on the written MOT plan and present them upon request. The contractor must ensure that all their employees and sub-contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's certified Work Zone Safety Inspector will not be immediately available. o Emergency work that is being performed by a contractor will not require the contractor to submit a MOT plan. However, the contractor must comply with all training and work zone setup requirements as previously described 9. All signs shown on the MOT shall comply with the current MUTCD - Part VI or the 600 Series of Florida Department of Transportation Design Standards. 10.AIl aspects of the current MUTCD - Part VI and/or FDOT 600 series shall be strictly followed and enforced at all times. TR-CA-H2-4 3/3/2003 8:38 AM 11. High-Visibility vests or clothing with retro-reflectorized striping must be worn at all all employees working within Collier County Rights-of Way. This includes personnel that may visit the "work zone" temporarily, such as management and/or vendors. 12. Every attempt shall be made to avoid road closures: Where it is not possible to completely avoid road closures, the following procedures shall be followed: The contractor shall notify Collier County Risk Management and the Transportation Division's Community Liaison. Collier County will assist in the public notification of said lane closures, however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. No lane closures will be permitted between the hours of 7:00- 9:00 A.M. and between 3:30 P.M. and 6:30 P.M. Emergency closures do not fall under these requirements. If a closure is absolutely necessary during the times listed above, written permission must be obtained through Collier County's Risk Management Department and/or the Transportation Operations Director prior to closing any lane. The contractor must also notify Collier County's Emergency Services Division or any of the below listed agencies, when, the road closure may cut off a standard route used by Fire, EMS, Police or other emergency agencies. The contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible in the event of an emergency, Notification of project termination shall also be made to above-mentioned parties as soon as the project is completed. Road closures must be limited, if possible, to single lane closures with traffic controlled by flaggers, temporary traffic lighting or other approved means of traffic control. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc, Access may be granted by properly signed and/or marked detours or other approved methods. TR-CA-H2-5 3/3/2003 8:38 AM 16B12 The contractor shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary by Collier County Risk Management, the Transportation Operations Director or an appointed designee. The MOT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures~ other than for an emergency~ ar- authorized without the prior approval of Collier County Risk Management, the. Transportation Operations Director or an appointed designee. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County Risk Management, the Transportation Operations Director or an appointed designee shall be made as soon as practicable (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County Risk Management, the contractor shall provide MO T Plans at any time during the project. In the event that the approved MO T plan is not being followed, the contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. C. Multiple Contractor Work Zones (MCWZ): This section has been added to eliminate the confusion involved in multiple contractor "work zones" which normally would require each separate contractor to provide appropriate signage and tapering for each individual "work zone". All contractors' and their respective sub-contractor's must follow this section when they meet the requirements listed below. Where two or more contractors may be required to work within the same work zone or within 300 feet or less of each other, the following criteria must be met in order to maintain an easily understood, easily navigated, highly visible "work zone". A "Joint MOT Plan" (JMOT) shall be developed by all affected parties in order to meet the requirements of this section. The JMOT shall define which contractor has the responsibility of controlling the "Upstream" or "Leading" section of the MCWZ, who the "mainstream" or "Middle" contractor(s) is and who has responsibility for maintaining the "Downstream" or "Trailing" section of the MCWZ. Contractors may determine, organize and/or coordinate the responsibilities, monetary issues and/or any other pertinent issues related to the MCWZ by any means necessary and as agreed upon by all parties involved, however, the following criteria shall be met: The "Upstream" or "Lead" contractor shall always have ultimate responsibility for maintaining all necessary advanced warning signage, message boards, tapering and/or any other requirements deemed necessary by the JMOT. TR-CA-H2-6 3/3/2003 8:38 AM Co 16/ 12 Any "Mainstream" (middle) or "Downstream" (trailing) contractor has the right to request additional advanced warning, tapering or other safety related devices be put into place should, at any time, such contractor feel and slSow'due cause that they or their employees, any pedestrians or vehicular traffic are being placed in harms way due to the existing setup. Should such a request be made and deemed necessary, all contractors shall share responsibility as described in this section (B)(2). Revisions/additions to the MCWZ shall be noted on the JMOT. These revisions are not required to be forwarded to Collier County Risk management or the Transportation Operations Director. Should a contractor in the "upstream" (leading) section of the MCWZ complete their scope of work and desire to withdraw from the MCWZ, said contractor shall notify all other contractors in the MCWZ and provide adequate time for the NEW "Upstream" contractor to set up. The original "Upstream" contractor shall not withdraw from the project until all necessary safeguards are in place to warrant such a withdrawal. Once a contractor has withdrawn from the MCWZ and has done so in accordance with the requirements set forth above, said contractor no longer has any responsibility for maintaining any portion of the MCWZ. Collier County Departmental Requirements (Internal): Each department must develop an MOT Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path, or sidewalk, and obtain approval prior to the start of the project from their department's Work Zone Certified Employee. Risk management shall also be notified of the lane closure. Should any changes to the MOT occur during any phase of the project, a revised MOT plan shall be immediately developed and initialed by the department's Certified Work Zone Employee. All signs shown on the MOT plan must comply with the current MUTCD - Part VI or the 600 series of the Florida Department of Transportation Design Standards. All aspects of the MUTCD - Part VI shall be strictly followed and enforced at all times. All signs and barricades requiring lights shall have them attached and in good working order. Every attempt must be made to avoid road closures: Where it is not possible to completely avoid complete road closures, the following procedures shall be followed: If the Transportation Operations Director, or an authorized designee authorizes the road closure, the department involved shall notify the Sheriff's Dispatch by calling 793- 9300. Dispatch will notify all necessary organizations. Road closures shall be limited, if possible, to single lane closures with traffic controlled by flaggers. TR-CA-H2-7 3/3/2003 8:38 AM If the work cannot be performed without closing all traffic lanes, but th I r ' limited to intervals no longer than five-minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGING METHODS. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. Access may be by properly signed and/or marked detours or other approved methods. The department's Certified Work Zone Employee shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signing and marking that will be used, and any other information deemed necessary by the Risk Management Department, the Transportation Operations Director or an approved designee. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Risk Management, the Transportation Operations Director or an approved designee shall be made as soon as possible, as long as the notification effort does not compromise the efforts to safeguard life and/or property. Every department that has a contractor working for their department must assign a ContractorAdministratorto approve all MOT Plans submitted to them by the contractors. All Contract Administrators must be Work Zone Certified or have MOT Plans approved by a Work Zone Certified County employee. The Contract Administrator and/or the Work Zone Certified County employee shall audit the contractor on a routine basis documenting their audits to assure contractor compliance. E. Work Zone Inspections: (Internal and External): Work Zone inspections will be conducted on a routine basis by "Collier County Work Zone Safety Inspectors". These inspections shall be documented on a Collier County Work Zone Violation Notice Form and placed in the respective external contractor's Collier County Department file. These files shall be maintained by Collier County's Risk Management Department. Copies shall be issued to the contractor and to Collier County's Risk Management Department. Inspections will be performed based on the individual inspector's judgment of existing or potential hazards associated with the "work zone" in question. All inspections shall be conducted according to the following criteria: Inspectors will locate the individual in charge of the project in question. Inspectors shall present proper identification (Collier County work Zone Safety Inspector ID), review the MOT or JMOT, inform the contractor(s) of the existing and/or potential hazards and ask for immediate correction. If equipment and tools are not available TR-CA-H2-8 3/3/2003 8:38 AM 16812 to the contractor to immediately correct existin9 amd/or potential hazards, the project must be shut dowm until correctioms can be made, If proiect shutdowm poses a 9rearer threat to public safety, the inspector sha~ motify the Collier Coumty Sheriffs department and request traffic control assistance until the contractor provides corrective measurement. The contractor shall be responsible for any expense associated with traffic control assistance that is provided by the sheriff's department. Situations where a language barrier exists or where "competent" supervision is not available shall mandate notification to the contractor's home office. Immediate contractor representation will be requested at this time. The contractor's failure to provide immediate representation will result in immediate project shutdown until representation is provided and deficiencies corrected. Inspectors may request that additional traffic control devices be added to the work zone based on the existing and/or potential hazards. Additional requests for traffic control shall only be made where situations exist that may be deemed too hazardous to be controlled using the minimum requirements as stated in the current edition of the MUTCD and/or 600 series of the FDOT indexes. The inspector shall remain on location until deficiencies are corrected or until the inspector feels that the work zone is safe. Upon complete correction of the existing and/or potential hazards, a copy of the inspection form must be given to the contractor for their files. Should a contractor/department feel the inspector has made requests that are not warranted and/or if it is felt that the proposed existing and/or potential hazards do not exist; the following requirements shall be met: ao The inspector shall immediately contact Collier County's Risk Management Department and request a site visit. Should a member of Risk Management not be available, the contractor must make the minimum necessary corrections, as requested. The objections, described in detail, will be noted on the inspection form and shall be submitted to Risk Management for review. However, if the objection to the inspector's request are an obvious attempt to stall the corrective process and/or hazards are blatantly obvious to the inspector, the contractor must make all requested corrections and any objections noted on the inspection form. Should such objections occur, the contractoddepartment may request a formal meeting with Collier County's Risk Management Department to discuss and address any concerns. This meeting shall not allow exemption to the contractoddepartment from any additional work zone safety issues that may have arisen during or after the objections in question. Objections to additional work zone safety issues that presented themselves at other locations and/or times, shall be handled on an individual basis unless it is deemed necessary to handle all of the issues at the present time. TR-CA-H2-9 3/3/2003 8:38 AM Risk Management's decision for corrective action, based on the existing and/or potential work zone hazards, shall be final. Contractor/department work zone files will be maintained in Collier County's Risk Management office. These files shall be inspected monthly for compliance. Contractors/departments with multiple "negative" inspection reports shall be contacted by Risk Management and a mandatory review meeting will be scheduled. Failure to attend this meeting may result in loss of additional contracts and/or notification to directors and administrators of existing problems. Review meetings will be conducted as follows: Review meetings will address the number of negative inspections, existing and/or potential hazards that existed during each inspection, if corrective actions were made in a timely manner, reasons for the continued lack of compliance and potential disciplinary action to be taken by Risk Management and/or Collier County. Review meetings will be conducted on an individual basis with the contractor or department in question and limited to representatives from Risk Management and the contractor or Collier County Department specified representatives. Inspection files shall be archived on a yearly (calendar year) basis and each contractor/department will have a new inspection record started for each new year. However, past negative inspections may be used in cases where extreme hazards and or multiple negative inspections have existed and-shall be referenced when disciplinary measures are needed. It is the sole responsibility or each individual contractor/department to maintain work zone inspection files and remain aware of any negative inspections received. Should a contractor or department need additional copies of inspection reports, it shall be the contractor/department's responsibility to contact Collier County Risk Management and request the reports. Lack of knowledge of an inspection report does not exempt any contractor or department from any potential disciplinary action, therefore, all employees should be advised to submit any inspection reports that are received to the appropriate individual(s). TR-CA-H2-10 3/3/2003 8:38 AM 16l]12 ATTACHMENT # 1 CONTACT/EMERGENCY PHONE NUMBERS 3/3/2003 8:38 AM TR-CA-H2-11 COLLIER COUNTY GOVERNME5 Department Contact Daytime # Weekday Weekend Fax # EMERGENCY Pager # Pager # ~ # Sheriff's Office 941-793-9300 Dispatch 941-793 -9300 941-774-8924 Eve: 941-598-3125 Road & Bridge 941-774-8925 941-982-0348 941-982-8234 941-774-6406 Day: 941-774-8494 Wastewater 941-591-0186 Collections 941-825 -0341 Water Distribution 941-775-2007 941-982-2215 941-732-2558 Traffic Signals 941-774-8260 941-982-3446 941-659-5787 Traffic Signs 941-277-4227 Risk Management 941-774-8283 941-774-8048 941-253-0921 Planning Services 941-403 -2300 941-643-6968 Purchasing 941-774-8407 941-732-0844 941-774-8365 Community Liaison 941-774-8271 941-774-8192 Transportation Cell: 941-743-0103 Day: 941-774-8494 Director Eve: 941-598-3123 TR-CA-H2-12 3/3/2003 8:38 AM 16812 ATTACHMENT # 2 VIOLATION NOTICE TR-CA-H2-13 3/3/2003 8:38 AM 16B12 WORK ZONE SAFETY VIOLATION NOTICE Contractor: Date & Time: Inspector Name & ID #: Permit ti: Site Inspection #: Location: Superintendent/Foreman/Project mgr. "'ype of Violation Stop Work - Imminent Danger ~ Stop Work - Noncompliance [] Add. Protection Needed ~ Other [] Specific Violation JMOT or MOT Form available for review? Yes / No Has the JMOT / MOT been accepted? Yes / No CA: CA: Adequate Advanced warning Signage? Yes / No CA: Adequate Channelization Devices? Yes / No CA: Adequate Lane Taper developed? Yes / No CA: Flaggers available/adequate? Yes / No CA: Adequate Detours provided? Yes / No Necessary PPE Provided? Yes / No CA: CA: Additional Violations Add. Violation: CA: Add. Violation: CA: Add. Violation: Add. Violation: CA: CA: FDOT / MUTCD U Standard / Regulation Source Collier County 2 OSHA Inspector Signature 3/3/2003 8:38 AM TR-CA-H2-14 Site Representative Signature 16B12 ATTACHMENT # 3 JOINT MAINTENANCE OF TRAFFIC PLAN (JMOT) TR-CA-H2-15 3/3/2003 8:38 AM This form Must be used as part of a joint traffic ¢oatrol plan in Collier County Work Zones. Place diagram of "Work Zone" on the back of this form or reference blueprint #. LOCATION: DATE: SCOPE OF WORK: UPSTREAM CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: MIDDLE CONTRACTOR: TELEPHONE: WZ EMPLOYEE: SUPERVISOR: MDDLE CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: DOWNSTREAM CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: START TIME: AM or PM DAY: END TIME: AM or PM DAY: SHERIFF'S DEPARTMENT ON SITE: YES or NO FIRE DEPARTMENT ON SITE: YES or NO # OF LANES SHUT DOWN: FROM: ACCEPTED BY: DATE: POSTED SPEED LIMIT: LANE WIDTH: HAS ADVANCED WARNING SIGNAGE BEEN PLACED YES or NO HAS AN ADEQUATE TAPER BEEN DEVELOPED YES or NO LENGTH: TYPE OF CI4_ANNELIZATION DEVICES USED: CONES or BARRICADES or DRUMS # USED: IS THE AREA ILLUMINATED FOR NIGHT WORK: YES or NO IF NOT, ARE THE DEVICES REFLECTORIZED: YES or NO ARROW BOARD REQUIRED: YES or NO LOCATION(S): VARIABLE MESSAGE BOARD REQUI/~D: YES or NO LOCATION(S): FLAGMEN REQUIRED: YES or NO IF SO, HOW MANY: HAS ALL NECESSARY PPE BEEN PROVIDED TO WORKERS: YES or NO IS A DETOUR NECESSARY: YES or NO IF SO, LIST ROUTES: ACCEPTED BY: TR-CA- H2-16 DATE: 3/3/2003 8:38 AM ATTACHMENT # 4 16812 MAINTENENANCE OF TRAFFIC PLAN (MOT) TR-CA-H2-17 3/3/2003 8:38 AM MOTPLAN PERMIT#~~i- p This form must be used as part of a traffic control plan for Collier County Work Zones. Place a diagram of the "Work Zone" on the back of this form or reference work-site blueprint #. LOCATION: SCOPE OF WORK: DATE COMPANY: ADDRESS & TELEPHONE#: NAME OF SUPERVISOR/CREW LEADER START TIME: AM or PM END TIME: AM or PM SHERIFF'S DEPARTMENT ON SITE: YES or NO WORK ZONE CERTIFIED PERSON: # OF LANES SHUT DOWN: FROM: ACCEPTED BY: POSTED SPEED LIMIT: LANE WIDTH: DAY: DAY: FIRE DEPARTMENT ON SITE: YES or NO DATE: HAS ADEQUATE ADVANCED WARNING SIGNAGE BEEN PLACED YES or NO HAS AN ADEQUATE TAPER BEEN DEVELOPED YES or NO LENGTH: TYPE OF CHANNELIZATION DEVICES USED: CONES / BARRICADES / DRUMS # USED: IS THE AREA ILLUMINATED FOR NIGHT WORK: YES / NO ARE DEVICES REFLECTORIZED: YES or NO ARROW BOARD REQUIRED: YES or NO LOCATION: VARIABLE MESSAGE SIGNS REQUIRED: YES / NO LOCATION: FLAGMEN REQUIRED: YES or NO IF SO, HOW MANY: HAS ALL NECESSARY PPE BEEN PROVIDED TO WORKERS: YES or NO IS A DETOUR NECESSARY: YES or NO IF SO, LIST ROUTES: ACCEPTED BY: DATE: TR-CA-H2-18 3/3/2003 8:38 AM ATTACHEMENT # 5 16~12 RIGHT-OF-WAY, JMOT & MOT SUBMITTAL PROCESS CHECKLIST TR-CA-H2-19 3/3/2003 8:38 AM RIGHT-OF-WAY PERMIT, JMOT & MOT SUBMITTAL PROCESS CHECKLIST 16 1 2 This checklist shall be used as a guide to aid contractors in the submittal of MOT and JMOT plans to the respective departments for approval, prior to commencement of work activities. This checklist is designed to help contractors and Collier County departments in their approval process and is to be used as a guide only. It is the contractor's responsibility to obtain all other necessary permits and certifications as other departments or agencies may require them. Allpermit application processes shall follow Collier County Ordinance # 93-64. Ifa conflict exists between the ordinance and the checklist below, the ordinance shall take precedence. Contractor Requirements Ensure that Risk Management has a copy of the contractor's current "Work Zone" Certified employee Apply for all necessary Federal, State and Local permits prior to applying for a Right-of-Way permit (3 copies). Submit Site Development Plans (SDP) to the Transportation Operations Department for review (3 Copies). Include the JMOT or MOT Plan Forms along with the above-mentioned submittals (3 copies). 5. All necessary fees have been paid to the appropriate Collier County Department. Collier County Requirements o o The contractor shall ensure that the below listed criteria has been prior to the commencement of work. Collier County has reviewed the Site Development Plan (SDP) and has accepted and returned the SDP to the contractor. ~, Collier County has reviewed and accepted the JMOT or MOT Plan forms and have returned them to the contractor. A Notice-to-Proceed has been issued to the contractor. Once all of the items listed above have been addressed and checked off, the contractor in question is free to begin work according to their SDP and JMOT or MOT Plan. TR-CA-H2-20 3/3/2003 8:38 AM ATTACHEMENT # 6 16812 PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST TR-CA-H2-21 3/3/2003 8:38 AM PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST 16812 This checklist shall be used as a guide to aid contractors in the submittal of design plans to the Planning Services Department for approval, prior to commencement of work activities. This checklist is designed to help contractors and Collier County departments in their approval process and is to be used as a guide only. It is the contractor's responsibility to obtain all other necessary permits and certifications as they may be required by other departments or agencies. Allpermit application processes shall follow Collier County Ordinance # 93-64. Ifa conflict exists between the ordinance and the checklist below, the ordinance shall take precedence. Contractor Requirements Ensure that Risk Management has a copy of the contractor's current "Work Zone" Certified employee Apply for all necessary permits at Community Development prior to applying for a Right-of-Way permit (3 copies). Submit Site Development Plans (SDP) to the Transportation Operations Department for review (3 Copies). Include the JMOT or MOT Plan Forms along with the above-mentioned submittals (3 copies). 5. All necessary fees have been paid to the appropriate Collier County Department. F' Collier County Requirements The contractor shall ensure that the below listed criteria has been prior to the commencement of work. Collier County has reviewed the Site Development Plan (SDP) and has accepted and returned the SDP to the contractor. o Collier County has reviewed and accepted the JMOT or MOT Plan forms and have returned them to the contractor. 8. A Notice-to-Proceed has been issued to the contractor. Once all of the items listed above have been addressed and checked off, the contractor in question is free to begin work according to their SDP and JMOT or MOT Plan. TR-CA-H2-22 3/3/2003 8:38 AM EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 16~12 TR-CA-I-1 3/3/2003 8:38 AM EXHIBIT J 16812 VINEYARDS/PINE RIDGE ROAD MEDIAN IRRIGATION INSTALLATION IRRIGATION SYSTEM SPECIFICATION-~ COLLIER COUNTY PROJECT No. 74126 COLLIER COUNTY BID No. 03-3490 Prepared for: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY GOVERNMENT CENTER 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA Coordinating County AEencv: TRANSPORTATION OPERATIONS DEPARTMENT PAMELA J. LULICH, ASLA PROJECT MANAGER Design Professional: McGee & Associates Landscape Architecture 5079 Tamiami Trail East Naples, Florida 34113 (941) 417-0707 Fax (941) 417-0708 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail East Naples, Florida 34112 Phone: (239) 732-2667 Fax (239) 732-0844 TR-CA-J-1 3/4/2003 8:19 AM SECTION I -' CONVENTIONAL POP-UP IRRIGATION SYSTEM 16812 PART 1GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Pine Ridge Road (C.R. 896) Irrigation Plans by McGee & Associates Dated 02/03. F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. .02 WORK INCLUDED The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an automatic irrigation system as specified herein, and as shown on the drawings, and any incidental work not shown or specified which can reasonably be determined to be part of the work, and necessary to provide a complete and functional system. Bm The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right-of-way permit and F.D.O.T. permits shall be provided by the Owner. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices", F.D.O.T. "Roadway and Traffic Design Standards" 600 series indexes, F.D.O.T. "Florida Pedestrian Safety Plan" latest editions and Collier County's 'Maitnenace of Traffic" (MOT) polices latest edition. 1.03 RELATED WORK Electric Feed Installation to be provider by Owner. Contractor shall coordinate with Owners electrical contractor as needed to provide for a safe and proper installation of the electrical source and service to controller. TR-CA-J-2 ._ 3/3/2003 9:04 AM 1.04 A. QUALITY ASSURANCF 16B12_. Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years of experience in installing irrigation systems similar to those required for this project. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. Inspection of Site: The contractor shall acquaint himself with all site conditions, including underground utilities before construction is to begin. Contractor shall coordinate placement of underground materials with contractors previously working underground in the vicinity, or those scheduled to do underground work in the vicinity. Contractor is responsible for minor adjustments in the layout of the work to accommodate existing facilities. Protection of Existin.cl Facilities, Si.cinage, Vegetation and General Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation. Contact Landscape Architect if minor adjustments are not sufficient to protect existing site conditions. All existing grades shall be maintained and restored to their previously existing condition immediately following installation and testing. All existing roadway signage must be maintained and protected from potential damage. If roadway traffic signage is required to be removed then it shall be re-installed directly after the work at location is completed. Temporary signage shall be installed if permanent signage is to be removed. Protection of Work and Property. The Contractor shall be liable for, and shall take the following actions as required with regard to damage to any of the Owner's property. (1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure of any kind (including without limitation, damage from leaks in the piping system being installed, or having been installed by Contractor) damaged by the Contractor, or by his agents, employees, or subcontractors, during the course of his work; whether through negligence or otherwise, shall be replaced or repaired by Contractor at his own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. (2) Contractor shall also be responsible for damage to any work covered by these specifications before final acceptance of the work. He shall securely cover all openings into the systems and cover all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions on the pipes, and the breakage, misuse or disfigurement of the apparatus, equipment or appliance. TR-CA-J-3 3/3/2003 9:05 AM 1.05 A. Codes and Inspections: The entire installation shall comply fully with all national, Florida and local building codes, regulations, laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits except as noted within, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner, or Owner's Representative. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. The Owner's Landscape Architect, Irrigation consultant, or designated individual, herein referred to as the Owner's Representative, shall have full authority to approve or reject work performed by the Contractor. the Owner's Authorized Representative shall also have full authority to make field changes that are deemed necessary. In all cases where observation of the irrigation system work is required, and/or where portions of the work specified to be performed under the direction of the Owner's Representative, the Contractor shall notify same, at least forty-eight (48) hours prior to the time such observation or direction is required. Any necessary re-excavation or changes to the system needed, because of failure of the Contractor to have the required observations, shall be performed at the Contractor's expense. SUBMITTALS Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract). All materials shall be those specified in the plans and specifications and/or approved by the Landscape Architect. Product Data: After the award of the contract, and prior to beginning work, the Contractor shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two copies of the complete list of materials, manufacturer's technical data, and installation instructions which he proposes to install. For all proposed element substitutions, the contractor shall submit performance technical data approved by the Center of Irrigation Technology. Commence no work before approval of material list and descriptive material by the Landscape Architect. TR-CA-J-4 3/3/2003 9:05 AM 16 12 Record Drawin.qs: The Owner shall furnish the Contractor with one set of reproducible vellums or mylar sepias showing all work required under this contract for the purpose of having the Contractor record on these reproducibles all changes that may be made during actual installation of the system. Location shall include dimensions from two (2) permanent points of reference (median curbing, station numbers, street corner, fence line, etc.). (i) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations other than shown on the original drawings, or of sizes other than indicated, the Contractor shall clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All records shall be neat and subject to the approval of the Owner. (2) The Contractor shall also indicate on the record prints the location of all wire splices, original, or due to repair, that are installed underground in a location other than the controller pedestal, remote control valve box, or power source. (3) These drawings shall also serve as work progress sheets. The Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for review, and shall be kept in a location designated by the Owner's Representative. (4) Each month when Contractor submits his progress payment request to the Owner, it shall include the up to date record drawing information for all material installed to that date. (5) Progress payment request and record drawing information must be approved by the Landscape Architect before payment is made. (6) If, in the opinion of the Owner or his representative, the record drawing information is not being properly or promptly recorded, construction payment may be stopped until the proper information has been recorded and submitted. (7) Before the date of the final site observation and approval, the Contractor shall deliver one set (copies) of the record drawing plan and notes to the Landscape Architect. The Contractor shall deliver the original marked reproducibles to the Owner. Record drawing information shall be approved by the Landscape Architect and Owner prior to final payments, including retention's. TR-CA-J-5 3/3/2003 8:38 AM 16 12 PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 A. MATERIALS The materials chosen for the design of the irrigation system have been specifically referred to by the manufacturer, so as to enable the Irrigation Consultant or Landscape Architect to establish the level of quality and performance required by the system design. Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and installation instructions are reviewed and approved by the Landscape Architect and Owner's Representative. Approval may be granted only if substitution is equal to the specified equipment. Performance technical data provided and approved by the Center of Irrigation Technology must be submitted for all proposed product substitutions. Storage and Handlin_~: Use care in handling, loading, storing and assembling components to avoid damage, Store plastic pipe and fittings under cover and protect from sunlight before using. Discolored plastic pipe and fittings shall be rejected. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general deterioration. Dm Polyvinyl Chloride Pipe (PVC): (1) All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks. (2) All PVC pipe shall be continuously and permanently marked with the manufacturer's name or trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number, schedule, class or type, and the NSF seal of approval. (3) (4) Pipe tensile strength shall be in accordance with ASTM-D 638. Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - Pipe three inches (3") and larger shall be used, irrigation main line and any other line under constant pressure, and shall be: a. PVC 1120/1220 Class 200, SDR-26 Bell End Gasket Type in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 ASTM-D Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories TR-CA-J-6 3/3/2003 8:38 AM 1681 Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (s) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - Pipe 2 ~ inches and smaller shall be used for lateral piping, and any piping not under constant pressure, and shall be: PVC 1120/1220 Class 160, SDR-21 solvent weld joint, in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM-D 1784 ASTM-D 2241 Department of Commerce, PS 22-70 National Sanitation Foundation Testing Laboratories Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM-D 2241. (6) All piping including main lines and laterals for reuse water source projects, when applicable shall be color coded (Pantone purple 522C) for reuse water use per County ordinances and State statues. PVC Pipe Fittin.qs: (1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1/11 in accordance with ASTM-D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe, as recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute acetone test as for pipe, and shall be approved. (2) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM-2464. All fittings shall withstand the twenty (20) minute acetone test, and be approved. (3) All molded fittings shall be marked with manufacturer's name and/or trademark, type PVC, schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw materials, and meet ASTM standards. Supplier shall provide certification on extruded couplings when requested. (4) Schedule 80 threaded male/female adapters shall be used in connecting to threaded joints. (5) All changes in depth of mainline pipe shall be made using 45 degree fittings. (6) All threaded PVC to metallic connections shall be made in accordance with the PVC fitting manufacturers recommendations. Any sealant used shall be of the non-hardening, non- petroleum base type, and shall not adversely effect PVC pipe or fittings. TR-CA-J-7 3/3/2003 8:38 AM Et PVC Solvent Cement: 16812 PVC solvent cement and primer/cleaner shall be compatible with the specific size and type of PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer recommendations. Rubber Rings and Gasket Joint Lubricant: Rubber rings shall conform to ASTM-D 1869 and F 477. Contractor shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, non-toxic, an inhibitor to bacterial growth, and shall be non-detrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco (RR), petroleum products, cooking oil, grease, etc, etc.) shall not be used. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers shall be equipped with all available electrical surge/lightning protection devices for all circuits. Protection shall be factory supplied and installed whenever possible. Protection devices no_t supplied by the manufacturer shall be as recommended by manufacturer to provide a maximum degree of protection. Low Voltage Valve Control Wire (24 Volt): All 24 volt valve control wire shall be as specified on the plans and be UL listed for direct burial installation. Control Valves The remote control valves shall be as specified on the plans, manufacturer's specifications. and shall perform to the Gate Valves: Gate valves one inch (1") through four inch (4") shall be as specified in the plans with threaded ends and shall perform to the manufacturer's specifications in jumbo size valve boxes with extensions as required. Quick Couplin_¢l Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications in jumbo size valve boxes. TR-CA-J-8 3/3/2003 8:38 AM Ng Control Valve Boxes' 16812 All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty-four inch (24") size Ametek Boxes, or approved equal, with identification covers reading, i.e, "Control Valve" or Irrigation Controls". Gravel and non-woven soil fabric shall be installed at the bottom of the boxes as shown in the plan details. (1) Locking lids shall be color coded for reused water if applicable, boxes and extensions shall be black or green, and constructed of high strength, light weight thermoplastic. Tubing to Connections: All interconnecting tubing sections shall be connected with connections recommended by the tubing Manufacturer, if applicable. (1) Any threaded connection using Teflon tapes as an anti-seize device shall avoid excessive use of Teflon tape. Apply Teflon tape only in accordance with fittings and/or component manufacturers recommendations. Back Flow Prevention Device: The back flow prevention device shall be supplied by the Owner. Conventional Irrigation System General Layout and Installation. System zones shall have all components as shown on the plans and as recommended by the manufacturer. The Irrigation Contractor shall make all adjustments necessary to assure that water is provided in a consistent and uniform fashion to the plant material. Any significant layout changes shall be brought to the attention of the Project Manager and Landscape Architect for approval. (2) Thoroughly flush all pipe lines for a period of no less than five minutes prior to installing nozzles. (3) (4) Review of each zone for layout and coverage approval is required by the Owner's representative. The soils at the planting areas shall be thoroughly hydrated two days prior to the installation of plant material. The Landscape Contractor shall coordinate with the Irrigation Contractor for the location of large plant materials. Any damaged lines shall be repaired or replaced by the party responsible for the damage. In the event of repairs or replacements, the section shall be thoroughly flushed. All expenses incurred as a result of the damaged shall be bared by the responsible party. TR-CA-J-9 3/3/2003 8:38 AM Sprinkler Heads and Nozzles: 16812 The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the manufacturer's specifications. PART 3 EXECUTION 3.01 SYSTEM DESIGN Aa Desi.qn Pressures: Main line pressure at the source location shall be as required to operate the irrigation system at the design pressures as specified on the plans. Pressure shall meet manufacturer's specifications. Location of Irrigation Components: Irrigation plants are diagrammatic and approximate. All piping wires, field controllers, etc., shall be installed within the project boundaries. Final location of piping and wiring shall be done following Contractor ascertaining location of existing underground utilities. Sprinkler Head Spacing: Head spacing shall be as shown on the plans. Do not exceed spacing shown or noted on the plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting locations, and existing site conditions, only if approved prior to installation by the Irrigation Consultant and/or Landscape Architect. Dm Minimum Water Coverage: Minimum water coverage shall be per the plans. Layout may be modified if necessary, but approved by the Landscape Architect prior to the change, for proper coverage. Ew Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits (excluding permits listed within and provided by the Owner), arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 3.02 EXCAVATION AND TRENCHING Perform all excavations as required for the installation of the work as defined and described on the installation plans, in accordance with the contract documents, and under this section of specifications. TR-CA-J-10 3/3/2003 8:38 AM E= All Cofistruction shall be done in a neat and workmanlike manner in strict accordance with manufacturer's recommendations. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. Main and Lateral Line Trenchin.cl. 16 12_. Mainlines shall be installed in accordance with the installation details, and by cutting and removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring grades, and replacing sod, if required. (1) Mainline trenches shall be of the necessary width for the proper laying of pipe, fittings, wire and conduits, and the banks shall be as vertical as possible. Trenches shall be great enough to allow six inches between parallel pipe lines. Trench with shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. (2) Mainline trench depths shall be as noted in the specifications and on the installation plans and details. Use 45 degree fittings for all changes in depth of mainline pipe. (3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for each section of pipe at every point along its entire length. Trench bottom shall be free of rocks, gravel and other extraneous debris. Safety: Maintain all warning signs, shoring, barricades flares and red lanterns as required by the Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances. Trench Depth: Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe lines. Trenches for pipe lines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT requirements. 36" minimum cover over main lines within medians, if installed along back of curbing. 48" minimum cover over main lines within medians, if installed down center of median. 12" minimum cover over lateral lines to heads. (1) Metalized identification tape shall be buried approximately six inches (6") above irrigation main line. Tape width shall be three inches (3") minimum. Tape colors and imprints shall be as follows: For Reclaimed water if applicable: Iml~rint Color "Reclaimed Water" Pantone Purple 522C Caution - Non-Potable Irrigation Water Line Buried TR-CA-J-11 3/3/2003 9:08 AM 3.03 A. 3.04 A. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details on accompanying plans. BACKFILL AND COMPACTING 1 6B 1 2 After testing of system has occurred, and observations have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been successfully completed. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas. Dress off all areas to finish grades, and restore to condition previous to irrigation installation. Clean-Up: Remove from the site all debris resulting from work of this section. Cleanup shall be conducted continuously throughout the installation process to keep extraneous materials off the work site. INSTALLATION Remote control Valves: Install remote control valves where shown on the plans or generally within the center of the median and group together where practical. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be jumbo size. PVC Pipe and Fittim3s: Plastic pipe and fittings shall be solvent welded using solvents and methods as recommended by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and moisture before applying solvent with a non-synthetic bristle brush. All screwed connections shall b thoroughly cleaned and wrapped with Teflon tape, as specified in these specifications. (1) The pipe manufacturer's installation manual shall be followed for the installation practices. TR-CA-J-12 3/3/2003 9:06 AM (2) Use only a color-tinted cleaner/primer to prepare the outside diameter of the pipe a inside diameter of the fitting socket. Cleaner/primer and solvent cement shall be compatible with the specific sizes and types of PVC pipe and fittings being used. (3) Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to apply the cleaner/primer and the solvent cement. Applications shall also be approved by the manufacturer of the cleaner/primer and solvent cement. (4) Make all joints immediately after applying the solvent cement. Check all fittings for correct position. Hold joint steady so that pipe does not push out from fitting, Use a clean rag to remove any excess solvent from completed joint area. ($) All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. Above Ground Piping: All pipe and fittings permanently installed above ground shall be UV resistant PVC Schedule 80 pipe. Piping shall be painted a color as approved by the Owner. (1) All pipe fittings intended for temporary use, and installed above ground, shall be UV resistant PVC Schedule 80. Pipe Sizes: All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Manual Gate Valves: Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings using PVC male adapters. All threads shall be thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon tape. Automatic Field Controllers: The on-site location of the automatic controllers shall be approved by the Landscape Architect following stake-out in the field by the Contractor. Contractor shall be responsible for monitoring the integrity of the flag markings. (1) Controllers shall be installed in accordance with the plan details and manufacturer's instruction. (2)Contractor shall provide controller grounding in accordance with the manufacturer's requirements and/or recommendations. If specified ground resistance cannot be obtained, consult manufacturer for prescribed methods. TR-CA-J-13 3/3/2003 8:38 AM 3.05 A. 16812 (3) Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled, then connect remote control valves to controller in a clockwise sequence to correspond with station setting, beginning with Stations 1,2, 3, etc. CLOSING OF PIPE AND FLUSHING LINES Cap Openings: Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. (1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants. (2) Test in accordance with paragraph on Hydrostatic Tests. Testing; Request the presence of the Landscape Architect in writing, or by phone, at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the Contractor, and under the observation of the Landscape Architect. Hydrostatic Test: Center load piping with small amount of backfill to prevent arching or slipping under pressure. A continuous and static water pressure of 120 PSi shall be applied for a period of not less than two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, and flush all lines. ('!) Tests shall be made between valves and, as far as is practicable, in sections of approximately one thousand feet (1000'), as long as approved by the Irrigation Consultant and/or the Landscape Architect. Potable water from an existing water distribution system shall be used, if available. The test pressure shall be 120 PSI, and the pressure shall be maintained for a period of not less than two (2) hours. Pressure shall not vary more than two pounds from the above during the two hour testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7 AWWA Standard C600- 64, on the applicable formula for other than eighteen foot (18') foot lengths. (2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total leakage, as indicated by the test. All pipes, valves, fittings and other material found defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been corrected. TR-CA-J-14 3/3/2003 8:38 AM 3.06 A. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. Demonstration: Demonstrate to the Irrigation Consultant and/or the Landscape Architect that the system meets coverage requirements, and that automatic controls function properly. Coverage requirements are based on operation of one circuit at a time. Upon completion of the testing, the Contractor shall complete assembly, balacne and adjust components for proper distribution, as indicated elsewhere in these specifications. ELECTRICAL Irrigation Contractor shall be responsible for the placement of the 120 volt AC service necessary for the operation of electric controller as specified on the plans, and in accordance with the manufacturer's specifications. Electric valve control lines (24 Volt) from controller to automatic valves shall be as specified in the plans. All 120 Volt AC wiring shall be installed in accordance with National Electric Code and any other Federal, State, and local building and/or electric code requirements. All 24 Volt wire shall be placed in 1.25" dia. sch. 40 pvc piping along the main line from valve or splice box to valve or splice box and from the main line to the controller location, if the controller is not located next to the main line. A valve box shall be installed at all locations where the wiring leaves to main line. Provide an expansion curl within each valve box, and at each change of direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire around a 2 inch diameter pipe, then removing the pipe. All 24 Volt wire shall be installed in accordance with the latest provisions of the National Electrical Code, and all prevailing local codes. All above ground Iow voltage wiring shall be installed in UL listed plastic conduit and connectors, in accordance with prevailing local codes. Install all 24 Volt valve control wires and common wire in specified 1.25" conduit. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. Install all 24 Volt wires in mainline trench, except for distance between controller and the mainline pipe location. TR-CA-J-15 3/3/2003 8:38 AM 3.07 A. 3.08 A. 3.09 A. All field repair splices shall be made using 3M-Scotch-Lok No. 3520 or 3ID~)Y~o~~ sealing packs. Each individual wire splice requires one connector sealing pack. All in the field Iow voltage wire splices shall be made in a valve box as described within these specifications, or in the pedestal of the field controller. When more than one wire is placed in the Same open trench, wires shall be bundled and taped together using black electrical tape., The 24 VAC Iow voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. PROVISIONAL ACCEPTANCE The Contractor shall complete all construction, and shall repair or replace all defective work before provisional observation by the Landscape Architect. On completion, and upon request of the .Contractor, the Landscape Architect shall inspect all irrigation for provisional acceptance. The request shall be received from the Contractor at least two days before the anticipated provisional observation. FINAL ACCEPTANCE Final acceptance shall be done in accordance with General Requirements. (when applicable to this contract). Contract close-out "AS-Built I Record" Irrigation Drawinqs: Record drawings shall be delivered to the acceptance of work. Owner and Landscape Architect before final WARRANTY Warranty: The Contractor shall furnish a written warranty, stating that all work included under this contract shall be warranted against all defects and malfunction of workmanship and materials for a period of one (1) year from date of completion and final acceptance of this project, unless County provides warranty to be executed. (1) The Contractor further agrees that he will, at his own expense, repair and/or replace all such defective work and materials, and all other work damaged thereby, and which becomes defective during the term of the guarantee/warranty, in an expedient manner. (2) The Owner retains the right to make emergency repairs without relieving the Contractor's guarantee obligation. In the event the Contractor does not respond to the Owner's request for repair work under their guarantee/warranty within a period of forty-eight (48) hours, the Owner may make such repairs as he deems necessary, at the full expense of the Contractor. TR-CA-J-16 3/3/2003 8:38 AM (3} Any settling of backfilled trenches, which may occur during the guaranty/warranty period, shall be repaired by the Contractor at no additional expense to the Owner, including the complete restoration of all damaged planting, sod, paving or other improvement of any kind. Instruction: 16B12 After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system,. END OF SECTION I TR-CA-J-17 3/3/2003 8:38 AM EXHIBIT K PERMITS 16~12 TR-CA-K-1 3/3/2003 8:38 AM .. 1'6B12 EXHIBIT L PLANS AND SPECIFICATIONS PREPARED BY McGee & Associates AND IDENTIFIED AS FOLLOWS: ¥ineyardslPine Ridge Road Median Irrigation installation AS SHOWN ON PLAN SHEETS 1 THROUGH I-1 through I-fi. Revised: March 21, 2003 TR-CA-L-1 3/3/2003 8:38 AM WORK ORDER # WD-33 "UNDERGROUND UTILITY CONTRACTING SERVICES" 1 6 C 1 Contract #0~,3~4-~ Dated October 10, 2000 This Work Order is for Underground Utility Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: NCRWTP Acid Feed Pumps (Prominent) Upgrades The work is specified in the proposal dated October 23:2002 from Mitchell & Stark Construction Company: Inc. which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order # WD-33 is assigned to Mitchell & Stark Construction Co.: Inc. Scope of Work: Task I: Provide material, labor, equipment and supervision to perform the Acid Feed Pumps Upgrades complete and ready for use at the NCRWTP. Schedule of Work: Substantially complete and ready for beneficial use by Owner no later than 60 days from Notice To Proceed and finally complete no later than 90 days from the Notice To Proceed. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I: $ 65,374.00 Total $ 65,374.00 (Lump Sum) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: APPROVED BY: Peter Schalt, PMP, Project Manager P,.g.b~ Ut)lities Engineering Department P/aul Mattausch, Water Director Water Department Date Date ATTEST' (Corporate~ Type Name and Title Or two witnesses Witness Print Name ACCEPTED BY: Date: ~) Mitchell & Stark Construction Co., Inc. Name of Firm By: L-,," Signature Print Name and Title FUND: 414 COST CENTER: 2'73q¢lq¢ OBJECT CODE: 763100 Project No. Pu rt.r4ccc /u¢ 04/2L/2000 22:23 47 MITCHELL Mitchell & Stark Construction Co-~.any, 6001 Shirley Street, Naplee, Florida 34109 PAGE 0i To: Collier County Attn: l~,~r. Pzte Schalt eD ~Fax: 530-5378 From: Mike Wcsthafer Date: 10/23/02 co Pages: 1 NCWTP Acid Feed Pump Replacemem Dear Pete: I have reviewed thc documents that you delivered to our o~ce regarding the chemical feed pump replacement at the North Collier Water Treatment Plant and offer the following quotaQon for that work. The scope ofwork is'. 2 3 4. 5. 6. Disconnect and remove thc existing acid feed pumps Purchase and instil the new Prominent pumping units Disconnect and remove the existing transformers Disconnect and abandon the stroke control wiring Reconnect the PVDF piping to the new pumps Witness factory startup of the new pumps We have not included any modifications to the existing acrylic enclosure and do not anticipate that any ~ be required We have included modification of the existing rubber boots in the enclosure to fit the new pump. We have not included any programming of the automation system and don't expect that any programming will bc required. Wc have not included pressure testing of the new pipin$, but will repair any visible leaks after pump startup. We will coordinate removal and replacement of the existing pumps to facilitate plant operations. We anticipate that this work will take approximately four weeks to complete after the pumps are received. Currently our price inc.,ludes the pump equipment. All of the above can be completed for $65,374.00. Please let us know if you want us to proceed with his work. Our price is valid for 30 days. Thanks for the opportunity to provide this quotation, Mike 941-597-2165 fax 941-566-7865 16C2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 16C3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 RECLAIMED WATER AQUIFER STORAGE AND RECOVERY THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Third Amendment to the Agreement dated August 3, 1999 (hereinafter "AGREEMENT") is made and entered into the ~ day of ~ , 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District ("OWNER") and Water Resource Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 428 Pine Island Road, S.W, Cape Coral, Florida 33991 ("CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Reclaimed Water Aquifer Storage and Recovery (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachment C to said AGREEMENT which are attached hereto and made a part hereof. 03946CGG.A2403.wpd -1- 3.1 ARTICI.E THREE The schedule for said Project, shall be as shown in said AGREEMENT Schedule C. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATrEST: Dwight E. Brock Date: ~9.,Z-t~4~ ', .." Attest as to signature Approved as to for~ and legal sufficiency: By: Th C. Palmer, Assistant County Attorney Witness Print name of Witness Print Name of Witness P,.U.E.D MAR ! 0 2003 03946CGG.A2403.wpd -2- 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 WATISR By: ~~~SEWER DISTRICT. Tom Henning, ~hairman WA _TER,~.OURC/Fff/S~UTIONS, INC, BY:-/(~//Lloyd E, H~or President (CORPORATE SEAL) 16C5 SUPPLEMENT TO SCHEDUI~E A SCOPE OF SERVICES The attached document serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated August 3, 1999 and Amendment No. 1 dated December 14, 1999 and Amendment No. 2 dated May 10, 2001. The itemized work and cost modifications are shown in schedule B -Attachment A and Attachment C, Amendment 3. ENGINEERING SERVICES FOR RECLAIMED WATER AQUIFER STORAGE AND RECOVERY Third Amendment to Professional Services Agreement A.1. Description of Project Summary In August of 1999 Collier County entered into a written agreement with Water Resource Solutions Inc. (hereinafter referred to as the "CONSULTANT"), for Engineering Services related to Aquifer Storage and Recovery (ASR). Pursuant to the Agreement, Collier County (hereinafter referred to as the "OWNER") began an investigation to develop an ASR system to store reclaimed water from the North County Water Reclamation Facility. The initial phase of the project involved preliminary investigations, preliminary design, drilling, and testing to select a suitable site for implementation of a pilot ASR project. The initial phase of work was completed and a permit issued by the Florida Department of Environmental Protection (FDEP) has been applied for to develop a pilot ASR project at the site of the Pelican Bay Wellfield. for The OWNER desires to contract for engineering services to provide complete planning, permitting, design, bidding, construction management, engineering, inspection and testing services during construction. The services also include oversight of construction and 04168PGG.I1701 .doc 3 testing of the ASR well, monitor well, and oversight for long term testing of the pilot ASR system including monitoring and reporting. Details pursuant to this Amendment Three: The CONSULTANT shall provide Professional Engineering Services to design and oversee construction of a pilot ASR well system at the Pelican Bay Wellfield site. These Engineering services will include new pumping, transmission, and treatment facilities for processing the reclaimed water to meet the permitting standards for ASR using reclaimed water: Such work pursuant to this Amendment THREE shall include the following: o Provide/develop all data and designs necessary to permit the construction and operation of the ASR system. Provide engineering services for piping to convey the reclaimed water to the pretreatment treatment and ASR well system. Provide engineering services for the pretreatm_ent processes and mechanical equipment including design and construction management Provide engineering services for the electrical, telemetry, control, and instrumentation including design and construction management Provide engineering services for system design and construction to return the recovered water to the reclaimed water distribution system. Provide engineering services for well design and construction including materials, drilling details, casing depths, diameters, and other parameters necessary to assure satisfactory performance of the ASR well and the monitor well. Provide engineering services for the ASR well head pipe, fittings, valves, flow meters, and appurtenances for the ASR well and monitor well. 8. Provide certifications, startup training, and Operation and Maintenance manuals. 04168PGG.I1701 .doc 4 16C 5 Provide operational testing and troubleshooting and provide oversight and monitoring and regulatory submittals for approximately one year of operation. This period will involve two cycles of storage and recovery consisting of 1) one short ASR cycle of approximately 12 to 20 million gallons, and 2) one full ASR cycle of approximately 80 to 100 million gallons. 10. Provide engineering services to prepare for and coordinate the application of an operation for an operating permit after approximately one year of operation. 11. Based on the data obtained prepare a conceptual design for expansion of the facilities to optimally utilize the site for ASR. A.4 - Final Design: A4.1 Survey of Site, The CONSULTANT shall prepare a boundary and topographical survey as required to design improvements and prepare bidding and construction drawings. Prepare a survey defining the jurisdictional lines as identified in item A.4.2. A4.2 Environmental Survey and Jurisdictional Determinations The CONSULTANT shall prepare and provide OWNER with maps and documents to identify the vegetation community on site. WSR shall .flag SFWMD and USACE jurisdictional wetland lines and prepare support documentation for jurisdictional determination. WRS The CONSULTANT shall schedule visits with agency representatives for field verification. The CONSULTANT shall conduct a search for presence or signs of listed plant and animal species and coordinate with FWC and USFWS in preparations of documents. 04168PGG.I1701 .doc A4.3 Prepare Conceptual Site Plan Prior to initiating the land planning elements of the work scope, CONSULTANT will prepare a conceptual site plan showing all of the proposed facilities and submit the plan to the OWNER for review and comment. A meeting with the OWNER will be attended by the project team. Design review meeting minutes will be prepared by the CONSULTANT A4.4 Prepare 60 Percent Construction Drawings and Specifications The CONSULTANT shall prepare Drawings and Specifications for permitting, and construction, of new facilities and modifications to existing facilities required to construct the ASR well, and the CONSULTANT shall monitor wells, the pretreatment system, and the pumping and transmission system to convey reclaimed water from existing reclaimed water line to the new ASR well and to return the recovered water to the reclaimed water distribution system, the Consultant's work shall includes the following elements: · Mechanical, Pre-treatment & Process systems including multi-media pressure filters, sodium hypochlorite feed system, carbon dioxide feed system, filter backwash pump station, hydropneumatic tank and ASR injection and recovery pumps. · Electrical, Telemetry, Instrumentation & Control systems. · Approximately 3,500 If. of 16" reclaimed water main and approx. 700 If of 4" sanitary sewer force main · Filter backwash pond and transmission system to convey backwash and other spent waters to the sanitary sewer force main on the north side of Livingston Road · Site Civil Engineering, including drainage, paving, grading, clearing, etc. · Constructions plans and specifications · Architectural plans and specifications for structures and walls · Landscape plans and specifications 04168PGG.I1701 .doc A4.5 Design Review -60 Percent The second design review meeting will be held when design documents are approximately 60 percent complete. Five (5) printed copies of the 60% Drawings and Technical. Specifications will be submitted to the OWNER by the CONSULTANT at this time. The following information will be submitted to OWNER by the CONSULTANT for review: 1. Mechanical and piping detailed design drawings showing location of all items. 2. Civil/site plans, plumbing, and structural plans sufficiently complete to show location and structural details. 3. Control schematics and electrical equipment layout drawings. 4. Equipment specifications. 5. Detailed design of the ASR well head, monitor~ell head and equipment 6. Cost opinion for all project elements. Design review meeting minutes will be prepared. A4.6 Final Design Review The third design review meeting will be held when contract documents are approximately 90 percent complete. Five (5) printed copies of the 90% Drawings and Technical Specifications shall be submitted by the CONSULTANT at this time. The following documents will be reviewed: 7. Complete set of Contract Drawings. 04168 PGG.I 1701 .doc 8. The final version of the Project Manual showing all specifications. 16C5 9. Cost opinion for all project elements. A4.7 Final Design Documents The CONSULTANT will furnish to OWNER drawings, specifications, project criteria and design data, and written descriptions for OWNER'S use in filing applications for permits with or obtaining approvals of governmental authorities having jurisdiction to review, approve, or review and approve the design and assist in connection therewith.] Where required, application forms, drawings, specifications, and supporting documents will be signed, dated, and sealed by a Florida licensed Professional. The CONSULTANT shall provide the OWNER with a Bid Package for all of the construction. Six (6) printed copies of the Final Drawings and Technical Specifications shall be submitted by the CONSULTANT to the OWNER. A. 5 Construction Bid/Award Process WRS will assist OWNER in the bidding and award of the construction contract. OWNER may elect to use the negotiation process for contracting with the drilling company to construct the wells. In this case, a bid process may be used for the surface facilities and site work including pumping stations, pipeline, electrical and instrumentation. A5.1 Prebid Conference The CONSULTANT will conduct a prebid conference at the Owner's facilities in Collier County. Questions will be logged and appropriate responses will be provided. Addenda, as necessary, will be distributed. 04168PGG.I1701 .doc A5.2 Bid Evaluation The CONSULTANT will provide the following services with regard to the bid process: 1. Consult with and advise the OWNER as to the acceptability of subcontractors, suppliers and other individuals and entities proposed by the bidders. Consult with and advise the OWNER in determine the acceptability of substitute materials and equipment proposed by bidders, when substitution prior to award of the Construction Contract is allowed by the Bidding Documents. 3. Attend the bid opening and prepare bid tabulation sheets and for evaluating bids or proposals and assist in awarding the Construction Contract. A,6 Construction Administration The CONSULTANT will provide comprehensive management of the construction of the ASR well and all associated site work and facilities. The CONSULTANT project manager will have overall responsibility to coordinate the construction operations. He will assure that the appropriate team members are providing the necessary review of contractor performance and adherence to the schedule and that all quality control procedures are followed. All submittals will be promptly reviewed to assure compliance with specifications. A pre-construction meeting will be conducted prior to the onset of construction, A6.1 Applications for Payment Based on the Consultant's on-site observations as experienced and qualified professionals and on review of applications for payment and the accompanying supporting. documentation a determination of the amounts owed to Contractor will be made in writing. 04168PGG.I1701 .doc A6.2 Advise Owner 16C5' I Consult with the OWNER and contractors as necessary with regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meetings with the OWNER and contractor. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents that may come to the Consultants attention; determine the acceptability of work and materials and make recommendation to the OWNER to reject items not meeting the requirements of the Contract Documents. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in the CONSULTANT'S judgment, such action is necessary to allow proper inspection, avoid damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations tl~erefrom. Notify the OWNER of any such requested deviations or substitutions and when reasonably necessary provide the OWNER with a recommendation concerning same. Prepare work change orders as directed by the OWNER. A6.3 Record Documents and Completion Report Record Drawings will be prepared for new facilities and for the modifications to existing facilities required to convey reclaimed water from existing pipeline to a new ASR well and associated facilities including the facilities required to return the water to the reclaimed water system distribution. The FDEP permit will require a Construction Completion Report for the ASR well and monitor wells that includes all information data and information developed during the 04168PGG.I1701.doc ] 0 16C5 construction and testing of the wells. The CONSULTANT will prepare the report, which will include a description of all work done and copies of all testing results and analyses, geophysical logs and video surveys. It will also note any changes that may have occurred during construction of any facilities. The completion report will also include a detailed description of the drilling program and the drilling records. The document will comply with the conditions of the FDEP permit. The CONSULTANT will then supply five copies of the report and supporting records to the OWNER for review and following review, will submit the required number of documents to the FDEP. Additional drilling and testing will be conducted during coring operations by the Florida Geological Survey. The CONSULTANT will conduct evaluations and provide a report of the results from the coring operations. A6.4 Start-up Assistance & Operator Training The CONSULTANT Team will conduct a training session to explain the operation and maintenance of the facilities. We will work with the plant operator to address optional programs for using the ASR well and the monitoring system. A6.5 Operation and Maintenance Manual An Operation and Maintenance Manual will be prepared for the ASR well and monitor well system. The maintenance data provided by the manufacturer of each piece of equipment will also be incorporated in the Operations and Maintenance Manual. Four (4) copies of the Operation and Maintenance Manual will be submitted A.7 Detailed Observation of Construction 04168PGG.11701 .doc A7.1 Field Services During Drilling and Construction Construction services will begin with the Owner's issuance of notice to proceed to the contractor(s). The CONSULTANT team will make site visits as necessary to observe operations and construction of the facilities. Special inspections for certification will be provided for the following events: · Pipeline pressure testing · Equipment performance testing · Hydraulic testing of tanks During the period of drilling, the CONSULTANT will have a qualified hydrogeologist on site to observe the drilling and testing operations processes. We will coordinate tests and maintain communications with the appropriate regulatory personnel to assure compliance with permit criteria. The project director and senior staff geologist will closely monitor field activities and will be present for all important tests and for those issues that require field decisions. Final pressure tests and mechanical integrity demonstrations will be scheduled with the FDEP. Field services cost breakdown assumes that the drilling of the injection well and monitor well are completed within 3 months of the time that construction commences. The CONSULTANT will coordinate and oversee and record the drilling and coring operations conducted by the Florida Geological Survey. A.7.2 Construction Progress Meetings and Reports For drilling of the ASR and monitor wells, weekly meetings will be held at the construction site to review the work and progress on the drilling of the wells. The Owner's staff is invited to attend all meetings. Daily reports will be prepared describing the work accomplished and itemizing quantities. Weekly summary reports will be prepared addressing all work done. The reports are transmitted to the appropriate TAC and team members. The CONSULTANT will prepare a monthly report for submittal to the OWNER regarding the status of the project. The CONSULTANT will provide 3 x 5 color photographs of important aspects of the project and provide them to the OWNER along with the 04168PGG.I1701 .doc 16C5" ! appropriate notations. For construction of the pipeline, treatment system, and associated facilities and site development features, four construction progress meetings will be held and construction will be inspected over an estimated 150-day period. 7.3 Operational Testing Permit A period of operational testing is needed prior the ASR well being eligible to receive an operating permit. After the final pumping and pressure tests have been conducted and mechanical integrity has been demonstrated, The CONSULTANT will complete all processes and documents to request and obtain an operational testing permit, the CONSULTANT will develop a program to obtain sufficient information during the period of operational testing to meet the needs for issuance of the final operational permit. The period of operational testing typically extends for at least one year. A.9 UlC and Environmental Permitting and Land Planning Issues The FDEP permit application for the ASR well has been submitted as the final work product of the preliminary design Task. The CONSULTANT will respond to questions of the FDEP and attend one public hearing after the "Notice of Intent to Issue" has been advertised. The permit review, information exchange and formal permit issuance process typically requires about six months time. The CONSULTANT will provide services for the following additional environmental and land use permitting elements: 1. Collier County Site Development Permit (SDP) including landscape planning and permitting. 2. Collier County ST Permit/Environmental Impact Statement (ELS) 3. SFWMD - Environmental Resource Permit for Construction Permitting 4. US Army Corps of Engineers - Dredge and Fill Permit 5. FDEP Reclaimed water reuse system permit modifications and waste water tie-in permit 6. Environmental permitting support for mitigation for environmental issues 04168PGG.I 1701 .doc 16C5 0 Based on review of the water quality data, it will be necessary to apply for an exemption from the secondary drinking water standard for color. The CONSULTANT will prepare an application for an exemption and provide the supporting material for the application. We will respond to agency questions and attend the normal standard meetings for issuance of the exemption. A. 10 ASR Cyclical Testing and Performance Evaluations After construction of all facilities, a period of operational testing will commence. This period is expected to last approximately one year during which the CONSULTANT will oversee and provide services for cyclical testing of the pilot ASR system. An initial short-term cycle of injection of approximately 20 million gallons will be followed by a period of resting for approximately 10 days and then a period of recovery. This testing will be conducted to make final adjustments to the system and to make an initial calibration of the ASR system performance. Throughout this period of testing the CONSULTANT will monitor the pressures of the system and collect the necessary water quality data from the ASR well and monitor wells. The water samples will be analyzed for all of the required parameters and all required reports will be submitted to the FDEP and the OWNER. The OWNER will be responsible for any associated collection and analysis of the water from the reclaimed water system that may be sent from the NCRWF to the ASR system. The OWNER will also provide, monitoring of the performance of the operating system at the ASR site and report the results to CONSULTANT according to a test operating plan that will be developed at the completion of Task A.7. The CONSULTANT will troubleshoot the system as necessary and provide regular review of the operational records. All laboratory analyses that are conducted as part of the cyclical testing program, which are needed to address permitting requirements shall be the responsibility of the OWNER. CONSULTANT will conduct additional analyses for parameters of dissolved chloride and conductivity for the purpose of evaluating ASR efficiency. The results of the initial cyclical test will be documented in a report, which will include a computer model that will be used to predict the cyclical performance of the system for the following cycles of injection and recovery. 04168PGG.I1701 .doc ] 4 16C5 Following the short-term cycle, a full cycle test will be conducted. It is anticipated that the full cycle test will inject about 80 to 100 million gallons of water. It is intended that the water that will be recovered from this cycle will be reintroduced to the reclaimed water system. During the period of injection and recovery the CONSULTANT will provide the required monitoring of the system, download data from recording equipment on a weekly basis and perform quality assurance checks to help assure proper instrument operation. Monitor well sampling will be conducted by purging three casing volumes and collecting samples according the ONSULTANT standard quality assurance program. The pretreatment system will be checked on a weekly basis to help assure that the system is performing properly. The OWNER will be responsible for associated collection and analysis of the water from the reclaimed water system that may be sent from the NCRWF to the ASR system. The CONSULTANT will prepare the required reports to the FDEP and the OWNER regarding the performance of the system. During the operational testing period, it will be required that certain gages and instruments be calibrated on a semi-annual basis. The CONSULTANT will keep track of such requirements, and will advise the OWNER as necessary prior to the need for such calibrations. The calibrations will be performed by others, unless the CONSULTANT is directed to do so. At the completion of the first full cycle test, the CONSULTANT will prepare a final report on the performance of the ASR system. This report will include all data and information obtained in the testing program. It will also provide a conceptual design for expansion of the ASR system to fully utilize the designated section of Pelican Bay Wellfield property for ASR. A.11 Operational Permitting After one year of operational testing or as soon as sufficient operational records have been obtained, the CONSULTANT will prepare an application for an operational permit. The submittal will include tabulation and graphical representation of one year of operating and 04168PGG.I1701 .doc 16C5 monitoring records, and explanations regarding the data and performance of the system. The CONSULTANT will supply all required information and coordinate the process through issuance of the permit. This work scope does not include negotiations or potential additional meetings or hearings due to objections by outside parties or complications that might develop due to unforeseen issues regarding the performance of the ASR system. A.12 Miscellaneous Services The Consultant will perform other additional services, that are not part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the OWNER. Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney 04168PGG.I1701 .doc SCHEDULE B - ATTACHMENT A AMENDMENT NO. 3 SCHEDULE OF FEES FOR BASIC SERVICES 16C5 TASK Original Total wi Status Total Amount Amend- Amend- ments ment 3 A. 2.8 Design Report Lump sum 58,915 93,906 Complete A. 2.11 Testing Lump sum 31,266 38,666 Complete Report A. 3 Preliminary Lump sum 21,892 21,892 Complete Design A.4 Final Design Lump sum 0 $172,479 A.5 Construction Lump Sum $8,501 Contract Bid and Award 0 A. 6 Construction Lump Sum $106,040 Administration 0 BASIC SERVICES SUBTOTAL: $287,020 ]7 SCHEDULE B - ATTACHMENT C AMENDMENT NO. 3 CONSULTANTS ESTIMATE OF ADDITIONAL SERVICES TASK Original Total wi Amendment Amount Amend- AMOUNT ments A. 8 Drilling and Testing Time and 301,101 416,929 Expenses A. 9 Permitting Time and 16,955 85,443 Expenses A. 7 Detailed Observation of Time and 0 $100,462 Construction Expenses A.9 FDEP and Environmental Time and 0 $55,880 Permitting Zoning and Land Expenses Planning Issues A. 10 ASR Cyclical Testing and Time and 0 $86,488 Performance Evaluations Expenses w/Lab A. 11 Operational Permitting Time and 0 $20,372 Expenses ADDITIONAL SERVICES $263,202 SUBTOTAL: 18 SCHEDULE B - ATTACHMENT A AMENDMENT NO. 3 SUMMARY OF COSTS Original Total with Total with Contract Amendments 1&2 Amendment 3 A.2.8 Design Report 58,915 93,906 A. 2.11 Testing Report 31,266 38,666 A. 3 Preliminary Design 21,892 21,892 A.8 Drilling and Testing 232,049 432,649 A. 9 Permitting 16,955 85,443 Amendment 3 A.4 Final Design $172,479 A. 5 Construction Contract Bid $8,501 and Award A.6 Construction Administration $106,040 A.7 Detailed Observation of $100,462 Construction A.9 FDEP and $55,880 Environmental Permitting Zoning and Land Planning Issues A. 10 ASR Cyclical Testing $86,488 and Performance Evaluations w/Laboratory A. 11 Operational Permitting $20,372 Phase I Subtotal $672,556 Phase 2 Subtotal $550,222 19 SCHEDULE C PROJECT SCHEDULE Item Description Completion Time Tasks A4.1 through A4.4 - 60 Percent Two (2) months form Authorization A.4 Construction Drawings and to Proceed. Specifications Site Development Plan and FDEP Three (3) months form Authorization A.9 SFWMD and COE Permit Applications to Proceed. Two months from review by the A.4.6 Submit Final 90 Percent Design OWNER of A4.4 Submit Final Design and Bid Three weeks from receiving A.4.7 Documents comments from OWNER Bid and/or Negotiate Construction Six months from Authorization to A.5 Contracts Proceed. Seven months from Construction A.6 Complete Construction Contract Award Submit Operational Testing Permit Eight months from Contract Award A.7.3 Submit Record Drawings for New A.6 Sixteen months from Authorization Facilities, Well Report, and O&M to Proceed. Manual. Complete ASR Cyclical Testing and Thirty (30) months from A.10 Performance Evaluations Authorization to Proceed A.11 File Application for Permanent Thirty-two months from Operational Permit Authorization to Proceed. 04168PGG. I1701 .doc 20 16C5 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE (From Contract Documents Dated August 3,1 999, page 33) Principal Senior Hydrogeologist II Senior Hydrogeologist I Senior Scientist Project Hydrogeologist I Project Scientist II Project Scientist I Hydrogeologist II Hydrogeologist I Senior Technician Technician II CADD Designer Office Manager/Document Preparation' $120/hour $100/hour $ 90/hour $110/hour $ 75/hour $ 85/hour $ 75/hour $ 70/hour $ 65/hour $ 55/hour $ 50/hour $ 50/hour $ 38/hour 04168PGG.I1701.doc 16C6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 MEMORANDUM Date: To: From: Re: April 22, 2003 Anton Burtscher, Chief Pilot Emergency Medical Services Department Marie Clos, Deputy Clerk Minutes & Records Department Turbomecca Engine Agreement Enclosed please find one (1) original document as referenced above, Agenda Item #16D4, approved by the Board of County Commissioners on Tuesday, April 22, 2003. A duplicate original is being retained for the record. If you should have any questions, please call me at 774-8411. Thank you. Enclosures Arrius 2B Support By' the Hour (SBH)® Agreement TURBOMECA ENGINE CORPORATION Support By' the Hour (SBH)® AGREEMENT This Support By' the Hour (SBH)® Agreement ("Agreement") is made as of the ~a~ day of -1' 2003 by and between Turbomeca Engine Corporation, a Delaware corporation with offices at 2709 Forum Drive, Grand Prairie, Texas 75052 CTEC"), and Collier County with principal offices at 2375 Tower Drive, Naples, Florida 34104, ("Customer"). WHEREAS, TEC is engaged in the business of providing depot level maintenance of aeronautical engines; and WHEREAS, Customer desires to limit major engine maintenance and overhaul expenses and TEC desires to provide this opportunity to Customer to limit major engine maintenance and overhaul expenses through the assessment of monthly charges based on a fixed rate for each hour of equipment operation or operational cycle; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, TEC and Customer hereby agree as follows: ARTICLE 1 Certain Definitions 1.1. "COVERED EQUIPMENT" means the Equipment specified in Exhibit I hereto and other Equipment included as Covered Equipment in accordance with Section 2.2 hereof. 1.2. "CYCLE" denotes an operational gas generator cycle as reported in the Engine Log Book, in accordance with Turbomeca instructions as outlined in the Engine Maintenance Manual held by the Customer. Cycles are recognized since the last general overhaul (CSO) and since new (CSN). 1.3. "EQUIPMENT" denotes according to context, an engine, a module, an accessory, LRU or a spare part, and includes any component or part thereof. 1.4. "LRU" denotes any engine Line Replacement Unit or item of Equipment as defined in Exhibit I hereto. 1.5. "OPERATING HOURS" denotes an hour of operation as recorded in the Engine Log Book in accordance with TEC instructions as outlined in the Engine Maintenance Manual Rev 09/02 Page Arrius 2B Support By the Hour ($BH)® Agreement held by the Customer. Operating hours are recognized since the last general overhaul (TSO) and since new (TSN). 1.6. "MODULE" denotes a sub-assembly of the basic engine as described in the Engine Maintenance Manual. 1.7. "REFERENCE DOCUMENTS" denotes the following Turbomeca documents, and any amendments thereto (collectively, "Reference Documents"): 1) Engine Maintenance Manual (field and modular maintenance), 2) Service Letters, 3) Turbomeca Service Bulletins, 4) Maintenance Tools Catalog, and 5) Maintenance Spare Parts Catalog. 1.8. "SPARE PART" denotes spare parts to be used for field and/or modular maintenance procedures. Authorized spare parts are identified in the Spare Parts Catalog issued by Turbomeca. 1.9. "STANDARD EXCHANGE" denotes replacement of malfunctioning Covered Equipment with serviceable, repaired/overhauled repairable Equipment in working condition delivered from TEC stock irrespective of the previous operator, place of operation, reason for its being handed in, operating hour/cycles available, or modification standard. 1.10. "TEC OWNED EQUIPMENT" denotes Equipment owned by TEC. 1.11. "TBO" denotes Time between Overhaul as defined in the Engine Maintenance Manual and Service Letters. 1.12. "TOOL" denotes special field and/or modular maintenance tool. Tools are identified in the Engine Maintenance Tools Catalog held by the Customer. Rev 09/02 Pa~e 2 Arrius 2B Support By the Hour (SBH)® Agreement ARTICLE 2 Purpose and Scope 2.1. Purpose. The purpose of this Agreement is to specify the conditions under which TEC will provide to Customer, and Customer will obtain from TEC, maintenance and overhaul support for Covered Equipment (as hereinafter defined) at a fixed hourly or cyclical rate. 2.2. Scope. This Agreement applies only to the Covered Equipment. The inclusion as Covered Equipment of any Equipment not listed in Exhibit I hereto must be made in writing, and signed by TEC and the Customer. 2.3. Similar Equipment. As a condition to this Agreement, Customer shall enter into a Logistical Support and Maintenance Agreement with TEC for any and all Equipment owned or operated by Customer that is the same as or similar to Covered Equipment. 2.4. Non-Zero Time Engines and Modules. Subject to Section 6.6 of this Agreement, a Customer may enter into this Agreement with non-zero time Equipment if the prospective Covered Equipment has greater than fifty percent (50%) of its TBO remaining and the Covered Equipment is qualified by TEC. Qualification shall consist of a power assurance check and inspection of the engines and modules by TEC (at TEC's primary facility) or be a representative of TEC at Customer's facility to determine current condition of the equipment, the results of which must be acceptable to TEC. If deemed necessary by TEC, all engine and module records must also be made available for review at TEC's primary facility, and must be acceptable to TEC atter review, prior to coverage. 2.5. Property Rights in Covered Equipment. Covered Equipment that is removed from the Customer's helicopter remains the property of the Customer. Covered Equipment that is replaced on Customer's helicopter with Standard Exchange. Equipment becomes the property of TEC, and such Standard Exchange Equipment becomes the property of Customer. Both parties shall execute a certificate of title transfer substantially in the form of Exhibit II to this Agreement. ARTICLE 3 Duration 3.]. Term. The term of this Agreement shall commence as of the date hereof, set forth in the initial paragraph of this Agreement (the "Effective Date"), until the next TBO of a basic engine that is Covered Equipment (the "Completion Date"). Rev 09/02 Pa~e 3 Arrius 2B Support By the Hour (SBH)® Agreement 3.2 Renewal. This Agreement may be renewed beyond the Completion Date by separate amendment to this Agreement signed by TEC and Customer. ARTICLE 4 TEC's Obligations 4.1. Parts Provided by TEC. TEC agrees to provide all parts required for the Covered Equipment, including periodic inspection kits and "on condition" maintenance repairable items. Also included are consumables such as high-energy igniters, injectors and pipes. Lubricants and Fuel are not included. 4.2. Mandatory Bulletins. TEC agrees to bear all labor and parts costs for incorporation of mandatory Service Bulletins on or in the Covered Equipment. If labor from the Customer is required to incorporate mandatory Service Bulletins, TEC shall pay Customer the Customer's actual direct labor expenses, not to exceed the TEC labor rate as published in the current TEC Basic Policies and Prices catalog. 4.3. Premature Wear or Failure. In the event of a breakdown or deterioration of the Covered Equipment due to defects in design, material, or workmanship in the manufacture, repair or overhaul of the Covered Equipment ("Premature Wear or Failure"), TEC will replace or repair the Covered Equipment; provided, however, that the choice between replacement or repair of Covered Equipment shall be made at the sole discretion of TEC. 4.4. Repair or Replacement. In the event that any Covered Equipment reaches TBO or exhibits Premature Wear or Failure, TEC will, at its sole discretion and consistent with its obligations hereunder, determine the extent of repair or replacement required. TEC shall provide the repair with a Standard Exchange, a repaired part or new part. 4.5. TEC's Right to Replace Parts. TEC reserves the right, at its sole discretion, to use new or serviceable used replacement parts in the course of repair or overhaul performed pursuant to this Agreement. 4.6. Force Majeure. TEC shall not be liable for a delay or failure to perform hereunder due to causes beyond its reasonable control, including but not limited to, fires, explosions, floods, earthquakes, embargoes, wars (declared or undeclared), riots, insurrections, or civil commotion. 4.7. Technician Training. TEC agrees to provide to Customer two (2) positions in TEC's Arrius Field Maintenance training course for the first year and one (1) position thereafter Rev 09/02 Paee 4 Arrius 2B Support By the Hour (SBH)® Agreement each year this Agreement remains in effect. Customer is responsible for its technician's travel, transportation, lodging and meals expenses incurred while attending the Field Maintenance training course at TEC. 4.8. Publications Revisions. TEC agrees to provide, at no additional charge, revision service for Turbomeca publications including the Engine Maintenance Manual, Spare Parts Catalog, Service Bulletins, Service Letters, and General Information Letters, for each year this Agreement remains in effect. 4.9. Tool Rental. TEC agrees to lend, at no additional charge, special engine tools to Customer for carrying out field and/or modular maintenance works described in the Engine Maintenance Manual for each year this Agreement remains in effect. Customer is responsible for repair or replacement of special engine tooling if lost or damaged due to misuse, abuse, or breakage while in their possession. Customer agrees to promptly return special engine tools borrowed from TEC within three (3) days after completion of the field and/or modular maintenance. Beyond this time limit, Customer will be liable without further notice to a penalty equal to the daily rental rate of the tools as set forth in the current Price Catalog for tool rental. 4.10. Exclusions. The following supplies and services are excluded from the scope of this Agreement: 1) Procurement of spare Equipment not covered elsewhere in this Agreement; 2) Monitoring of Covered Equipment by spectrometric oil analysis or by particulate analysis; 3) Supplying fuels or lubricant materials (other than for Covered Equipment testing); 4) Carrying out field maintenance works to include module removal described in the Engine Maintenance Manual, except pursuant to mandatory Service Bulletins; and 5) Purchase of spare equipment and tools for carrying out field and/or modular maintenance of the Covered Equipment. ARTICLE 5 Customer's Obligations. Rev 09/02 Pa~e 5 16D4 Arrius 2B Support By the Hour (SBH)® Agreement 5.1. Hardware Provided by Customer. Customer agrees to provide all hardware, common tools, and similar items associated or required in connection with the removal and reinstallation of Covered Equipment by Customer. 5.2. Preservation of TEC Owned Equipment. Customer agrees to safely keep, carefully use, and keep in good mechanical and working condition at all times any and all TEC Owned Equipment with which customer is entrusted. 1) Insurance In Transit. Customer agrees to provide and maintain ALL RISK PHYSICAL DAMAGE INSURANCE in the amount of full replacement value for all TEC Owned Equipment or supplies while in the custody of Customer or in transit to and from TEC. Such insurance is to take effect at the time and place of shipment to Customer and shall remain in effect until return delivery of said property to TEC. 2) Insurance In Use. Customer further agrees that during such time any TEC Owned Equipment or supplies are installed in Customer's aircraft, Customer shall maintain ALL RISK GROUND AND FLIGHT HULL INSURANCE thereon in an amount sufficient so that TEC will recover fully the amount of any loss of said Equipment or supplies. Customer shall also maintain at all times Aircraft Bodily Injury and Property Damage Insurance, including Passengers, in an amount of at least $5,000,000.00 Combined Single Limit. 3) Required Insurance Provisions. Any and all insurance policies required herein shall include the following provisions: (a) Except in cases of negligence which could be directly attributed to Turbomeca, S.A. or TEC, Customer waives its right to bringing any action against Turbomeca, S.A. and/or TEC implicating them in any injury, expense or damages suffered because of operation or preservation of the Covered Equipment or TEC owned Equipment. (b) Customer will provide TEC with proof of adequate insurance coverage evidencing that the coverage respects the indemnification clause contained in Article 9 of this Agreement; (c) All policies must provide that TEC be given thirty days advance notice of material change in or cancellation of the above coverage; and (d) In the event of loss, any deductible is to be paid solely by the Customer. Rev 09/02 Paee 6 Arrius 2B Support By the Hour (SBH)® Agreement 4) Evidence of Insurance. Customer shall furnish TEC, within fifteen days prior to the commencement of the Agreement and within fifteen days prior to the expiration of any existing policy, evidence of coverage, for all of the insurance requirements set forth herein in the form of Certificates of Insurance satisfactory to TEC, indicating that coverage is in full force and effect. 5.3 Notice of Incident. Customer agrees to inform a TEC representative within twenty-four (24) hours of any incident occurring to, or caused by, the Covered Equipment or any other TEC Owned Equipment in the custody of Customer and, as a general rule, of any situation which will or may result in injury, damage or loss to TEC's property in the custody of Customer. A written report shall be submitted as soon as practicable. Notice must precede return of any failed equipment to TEC. 5.4. Notice of Modification. The Customer agrees not to undertake any modification or carry out any servicing, maintenance or repair to TEC Owned Equipment, Components, or Covered Equipment which is not provided for in Reference Documents for the specific Equipment, without prior written agreement and not unreasonable withheld. 5.5. Recordkeeping. Covered Equipment or component documentation such as log book module sheets and component log cards will be fully maintained in an up-to-date status by Customer. TEC will update the module sheets and component log cards, if required and as required, after a repair event is performed. 5.6. Operation and Maintenance Records. Customer shall keep records of Covered Equipment operation, maintenance and running time, and shall permit TEC to inspect and copy such records at any reasonable time. 5.7. Monthly Report. Each month Customer shall submit to TEC a written report, in the form of Exhibit III, incorporated by reference, of Covered Equipment operation, as of the last day of the prior calendar month, including: beginning hours, run time, ending hours, CSO, CSN, TSO, and TSN (the "Monthly Report"). The Monthly Report must be received by TEC by the third business day of the month or Customer is subject to a $75.00 fee for non-reporting. 5.8. Change of Ownership; Liens. Customer shall not, except in compliance with Section 10.1 hereof, make or suffer to be made any change in the ownership, leasehold, operational interest, or financial interest or utilization of the Covered Equipment or any aircraft on which Covered Equipment is installed without prior written notice to and written approval by TEC. Customer shall not do any act that would result in the imposition of any lien, security interest, or other encumbrance on any TEC Owned Equipment. Rev 09/02 Pa~e 7 Arrius 2B Support By the Hour (SBH)® Agreement 5.9. 6.1. 6.2. 6.3. 6.4. Non-Covered Repairs and Maintenance. Customer agrees to provide for or obtain, at its own expense, all repairs and maintenance not covered by this Agreement, on a pro-rata basis. ARTICLE 6 Pricing and Payment Fixed Rate. The current fixed rate per operating interval of Covered Equipment is $69.10 PER HOUR, per engine (the "Fixed Rate"), based on 1.5 Cycles per Hour. Additional Cycles or partial Cycles in excess of 1.5 per Hour will be invoiced to Customer at a rate of $2.36 PER .5 CYCLES PER HOUR. The Fixed Rate is valid for the calendar year (January through December), and is subject to adjustment each January 1, beginning January 1, 2004. The Fixed Rate will be subject to annual escalation effective each January 1 st based on current economic conditions, but in no event shall the escalation exceed three percent (3%) for any one year. The Fixed Rate is valid only while Covered Equipment is operated within North America. Covered Equipment which is operated outside North America will be subject to the applicable Fixed Rate for the country of operation as determined by Turbomeca France. Notification of Change of Operation. If any change occurs in operation or maintenance conditions or operation site that would place the helicopter in a corrosive or erosive environment on a continuous or repetitive basis. TEC and the customer will review and jointly agree to adjust the rate. The Customer shall notify TEC of any such changes within forty-eight (48) hours from the change occurring. Balance between hours/cycles declared and hours/cycles logged. When covered equipment is returned to TEC, if the total hours/cycles declared and paid disagrees with the entries in the log book or log card, TEC and the customer will jointly agree to issue an invoice adjustment applying the Fixed Rate in effect at the time of adjustment to the difference in operating hours or cycles. Supplemental Charges for Abnormal Wear, Accident, Modification or Transformation. 1) Exclusions. This Agreement specifically excludes from coverage the repair or replacement of Covered Equipment arising from failures of Covered Equipment due to causes beyond normal wear and tear, including, without limitation, failure of Covered Equipment which: Rev 09/02 PaRe Arrius 2B Support By the Hour (SBH)® Agreement a) Has not been operated in accordance with the procedures and standards set forth in the Reference Documents; b) Has not been maintained in accordance with the procedures and standards set forth in the Reference Documents; c) Has been subject to misuses, accidents, incidents, abuse, or force majeure (acts of nature) by any party other than TEC; Has not been properly stored, installed, maintained, utilized or packed for transport by any party other than TEC in accordance with the procedures and standards set forth in the Reference Documents; e) Has suffered damage due to corrosion, erosion or foreign object damage, beyond unacceptable manufacturer specifications, unless such damage was caused while the equipment was in the possession or control of TEC; or Has suffered primary breakdown or deterioration of any component which was not acquired by Customer from TEC or other sources specifically approved by TEC in writing in advance of acquisition. 2) TEC Discovery of Exclusion. TEC shall advise Customer upon the discovery of any observed damage to Covered Equipment which appears to have been caused by any of the reasons set forth in Subsection 6.4(1) above. In such cases, Customer shall be responsible for the parts and labor costs of any such repair or replacement of the Covered Equipment ("Excluded Costs") actually caused by any of the reasons set forth in Subsection 6.4(1), and reimbursement to TEC of the Excluded Costs shall be made by Customer in addition to other payments made pursuant to this Agreement. If TEC labor is required to repair or replace any Covered Equipment as a result of damage caused by any of the reasons set forth in Subsection 6.4(1), Customer shall pay TEC the lesser of (1) TEC's actual direct labor expenses or (2) the TEC labor rates as published in the current TEC Basic Policies and Prices catalog. 6.5. Miscellaneous Expenses. Rev 09/02 Paee 9 Arrius 2B Support By the Hour (SBH)® Agreement 1) Taxes. The customer shall be liable for all federal, state, local or foreign taxes (except income taxes) applicable to the sale, exchange, use, delivery or transportation of Covered Equipment or services provided hereunder and all duties, imports, tariffs and similar payments shall be paid by Customer. 2) Missing Parts. In the event that Covered Equipment is delivered to TEC which is not complete because it is missing parts or components, TEC will replace any missing parts or components and shall be entitled to charge Customer no more than catalog list price (with any applicable discounts) for the same. 3) Travel. Customer agrees to bear its reasonable transportation costs for the removal, installation, condition" maintenance and troubleshooting. and customary labor and normal modular and "on 4) Reimbursement for Non-Covered Services. TEC shall not be liable for, and Customer agrees to reimburse TEC on demand for, any expenses, costs, or liabilities sustained in connection with the removal or replacement of Equipment or Covered Equipment in an aircraft or engine, other than those costs and expenses sustained by TEC in carrying out repairs and overhauls pursuant to this Agreement. 6.6. Purchase of Used Hours and Cycles. With respect to non-zero time Equipment to be covered by this Agreement, Customer will be required to purchase the used hours and cycles for a fee (the "Non-Zero Time Fee") equal to eighty-five percent (85%) of the Fixed Rate Charge currently in effect multiplied by the number of used hours and cycles, at the signing of this Agreement (Effective Date). 6.7. Premature Overhaul. If Covered Equipment is removed for overhaul at Customer's convenience, prior to its scheduled TBO, Customer shall be invoiced for the difference in the actual hours and cycles consumed on the Covered Equipment up to the time of removal and the scheduled TBO, based on the current Fixed Rate. 6.8. Payment Address. Customer shall send all payments due under this Agreement to: TURBOMECA ENGINE CORPORATION P.O. Box 841250 Dallas, Texas 75284-1250 For amounts over $1,000.00 a transfer of funds to TEC may be made electronically. Customer should contact TEC for funds transfer instructions, should it elect to exercise this payment option. Rev 09/02 Pa~e 10 Arrius 2B Support By the Hour (SBH)® Agreement Each payment should indicate the Covered Equipment serial numbers and the invoice numbers that it covers. 6.9. Monthly Payments. 1) Payment. Customer will be invoiced and shall pay to TEC monthly, an amount equal to the Fixed Rate multiplied by the actual hours or cycles of Covered Equipment operation (the "Fixed Rate Charges") as set forth in the Monthly Report and specified in this Agreement, plus any supplemental fees and other charges as calculated in Sections 6.3, 6.4, 6.5, 6.6, 6.7, and 7.6 hereof. 2) Interest on all amounts past due thirty (30) days or more shall be invoiced and paid at the rate of eighteen percent (18%) per annum. ARTICLE 7 Shipment 7.1. Shipment to Customer. Unless otherwise specified in an order, TEC will ship, prepaid, at Customer's expense, Covered Equipment and supplies in packaging which conforms to the manufacturer's specification for long distance air freight, freight prepaid, to the following address (the "Customer Shipping Address"): COLLIER COUNTY, 2375 Tower Drive, Naples, FL 34104 7.2. Delivery Leadtime. 1) Standard. In the case of scheduled removal of Covered Equipment pursuant to this Agreement, TEC will make every effort to ensure that Standard Exchange Equipment delivery to Customer will take place two (2) days before the removal date declared by the Customer on the Standard Exchange Equipment order, so long as such Standard Exchange Equipment order was received by TEC at least three (3) weeks in advance of the scheduled removal date. 2) Emergency "AOG". On occasions when an unscheduled failure occurs to Covered Equipment, and the aircraft is out of service due to the unscheduled failure, TEC will make every effort to have the replacement item(s) delivered to the freight carrier within eight (8) hours following TEC's receipt of a written order (including FAX) from the Customer. Rev 09/02 Paee 11 Arrius 2B Support By the Hour (SBH)® Agreement 3) TEC's failure to provide the AOG replacement item(s) to the freight carrier within twenty four (24) hours following TEC's receipt of a written order (including FAX) from the Customer, will result in a $500.00 credit to Customer's Support By the Hour (SBH)® account at TEC. Additional $500.00 for every day AOG is not to the freight carrier. 7.3. Shipment to TEC. The Customer shall ship, at its own risk and expense, Covered Equipment and other Equipment in packaging which conforms to the manufacturer's specification for long distance air freight, to TEC at the following address (the "TEC Shipping Address"): TURBOMECA ENGINE CORPORATION 2709 Forum Drive Grand Prairie, Texas 75051 7.4. Documentation. Any Covered Equipment delivered to TEC pursuant to this Agreement is to be accompanied by COMPLETE AND UP-TO-DATE DOCUMENTATION. 1) Engines and Modules. For engines and modules, documentation shall include the engine or module log book together with its appendices and, if Covered Equipment is to be repaired, the Customer's order and the engine removal report reference. 2) Other Covered Equipment. For other Covered Equipment, documentation shall include the component log card and, if Covered Equipment is to be repaired, the order and a completed MMIR reporting form. 7.5. Promptness of Return. Any Covered Equipment delivered to TEC pursuant to this Agreement must be complete, including its documentation as stated in Section 7.4 above, and MUST BE SHIPPED TO THE TEC SHIPPING ADDRESS WITHIN TEN (10) DAYS counting from the day when the operating defect was detected and the Covered Equipment removed. Beyond this time limit (in the case of a return) or beyond the time limit specified in Section 8.5 (with respect to termination), Customer will be liable, without any further notice, to a daily penalty equal to 0.2 percent of any such Covered Equipment's retail list price (for similar new items) in force at the time of removal or termination. 7.6. Costs Incurred on Return. It will be jointly decided that costs incurred by TEC for the examination, diagnosis and handling of Covered Equipment which has been returned to TEC with unconfirmed defects, will be invoiced separately, and paid by Customer. Rev 09/02 Pa~e 12 Arrius 2B Support By the Hour (SBH)® Agreement ARTICLE 8 Termination and Cancellation Default By Customer. If the Customer fails to comply with any of the terms or provisions of this Agreement within 30 days of written notice of any such default, TEC may terminate this Agreement by written notice (the "Cancellation Notice") to Customer, without any liability whatever on the part of TEC beyond the termination date. 8.2. Default By TEC. If TEC fails to comply with any of the terms or provisions of this Agreement within 30 days of written notice by Customer of any such default, Customer may terminate this Agreement by written notice to TEC. 8.3. Termination for Convenience. This Agreement may be unilaterally terminated by either party hereto, without cause, upon sixty (60) days prior written notice (the "Termination Notice") to the other party. 8.4. Loss of Covered Equipment. In the event that the Covered Equipment is lost or destroyed, the customer has the option to replace with like equipment of equal value based on hours and cycles. If not the Agreement will be deemed "Terminated" as of the date of loss. 8.5. Termination Date. This Agreement will terminate on a date (the "Termination Date") which will be the earliest to occur of the following: (1) immediately upon the Cancellation Notice, (2) sixty (60) days after the Termination Notice, or (3) unless renewed pursuant to Section 3 hereof, on the Completion Date. 8.6. Customer's Duties. Within five (5) business days after the Termination Date, Customer must return any and all Equipment and supplies belonging to TEC to the TEC Shipping Address, and pay in full the amount of accrued and outstanding charges owed to TEC under this Agreement. 8.7. TEC's Duties. If this Agreement is terminated for convenience, a pro-rated portion of the Fixed Rate Charges paid by Customer will be applied as a credit to the Customer's trade account at TEC. This credit shall be calculated as follows for each module and fuel control unit: CREDIT = Equipment exchange List price Z Modules + FCU Exchange list price 60% of the X current X TSO of the Equipment hourly rate at Contract Termination Rev 09/02 Paee 3_ 3 Arrius 2B Support By the Hour (SBH)® Agreement NOTE: In the case of "on condition equipment, this credit does not apply. 9.1. 2) 3) 9.2. 2) 3) ARTICLE 9 Indemnification and Warranty Indemnification. TEC Equipment. Customer shall be responsible for any loss or damage to TEC owned equipment in its possession for the duration of the contract, when damage occurs during Customer's custody of the Equipment or components, except for normal wear or damage to the Equipment by reason of TEC's actions or_negligence. Should the TEC Owned Equipment (or any components or parts thereof) be lost or destroyed during Customer's custody of same, Customer shall pay TEC, on demand, the fair market replacement value of the Equipment or components or parts lost or destroyed. The fair market price will be jointly agreed upon. Claims. Collier County shall be responsible for any and all liability, costs, expenses (including attorney's fees), claims or demands for damages by reason of the injury or death of any person to any property belonging to Collier County or TEC arising out of Collier County's uses, operation or control of Covered Equipment except for such liability resulting from TEC's negligence, action or inaction and only to the extent permissible under Florida Stan~tes, Section 768.28. By entering into this paragraph, Collier County does not waive its Sovereign Immunity as set forth in Florida Law. Damages. As further consideration for this Agreement, it is specifically agreed that TEC shall not be liable for any special, consequential, incidental, or indirect damages, including but not limited to, any damages arising out of loss or use of property. Airworthiness. TEC warrants to Customer that: All work performed by TEC will be in compliance with applicable published airworthiness specifications in effect at the time said work is performed; All work performed by TEC will be in compliance with applicable published directives and regulations of the Federal Aviation Administration in effect at the time the work is performed; All work performed by TEC will conform to standards of good workmanship which are customarily recognized in the industry at the time the work is performed; Rev 09/02 Paee 14 Arrius 2B Support By the Hour (SBH)® Agreement 4) 9.3. 10.1. 1) 2) 11.1. 11.2. Equipment, if sold or supplied to Customer by TEC, is either new or in serviceable condition at the time of delivery. Warranty. This Agreement is separate from the Turbomeca limited warranty. No agreement or understanding varying or extending the terms of the Turbomeca limited warranty shall be binding on TEC unless expressed in writing and executed by a duly authorized representative of TEC. ARTICLE 10 Transfer of Covered Equipment Sale or Transfer of Covered Equipment. In the event of a sale or transfer of Covered Equipment (the "Transfer") to a third party (the "Transferee"), TEC has the right, but not the obligation, to allow the Transferee to obtain coverage under this Agreement. Notice of Intent to Transfer. Customer shall notify TEC of Customer's intentions to Transfer, and shall pay all sums normally due to TEC up to the date of Transfer, at least fifteen (15) days prior to Transfer. Termination of Coverage. In the event that TEC does not offer the Transferee, or Transferee does not accept, coverage under this Agreement, the notice by TEC to Customer, or Transferee to TEC, of such decision shall be the Cancellation Notice and this Agreement shall terminate as of the date of Transfer as if Customer exercised his right to terminate this Agreement pursuant to Section 8.2 of this Agreement. ARTICLE 11 Miscellaneous Place of Performance and Governing Law. This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Florida, with regard to its conflict of laws provisions, and the laws of the United States applicable to transactions in the State of Florida. Further Actions. Each of the parties hereto agrees that they will perform all such other actions as may be necessary or reasonably appropriate to carry out the intent and purposes of this Agreement. Rev 09/02 Paee 15 Arrius 2B Support By the Hour (SBH)® Agreement 11.3. No change or modification of this Agreement shall be valid or binding upon the parties hereto unless such change or modification shall be in writing and signed by all the parties hereto. No waiver of any term or condition of this Agreement shall be enforceable unless it shall be in writing signed by the party against which it is sought to enforce. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by such other party. 11.4. Cost of Enforcement. If any action at law or in equity or any other proceeding is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, and necessary disbursements in addition to any other relief to which he or it may be entitled. 11.5. Arbitration. The parties hereto agree, and consent on advice of counsel, that any controversy with respect to performance under the terms of the Agreement, or arising out of the Agreement will be submitted to arbitration pursuant to the provisions of the Texas General Arbitration Act, Title 10, Vernon's Tex. Civ. Stat. Ann. Art. 224 - 238, or Florida Arbitration Procedures. Arbitration will be jointly agreed to in writing. 11.6. Severability. Customer acknowledges and agrees that each agreement or covenant set forth in this Agreement constitutes a separate agreement or covenant independently supported by good and adequate consideration and that each such agreement or covenant shall, if necessary, be severable from the other provisions of this Agreement. The existence of any claim or cause of action of Customer against TEC, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by TEC of those separate agreements and covenants. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or furore laws effective during the term of this Agreement, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision never constituted a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of this Agreement, a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. 11.7. Assignability. The rights and benefits of either party under this Agreement may not be assigned, nor the duties thereunder delegated by such parties, without written consent, signed by the parties hereto. 11.8. Headings. The Article and Section headings used in this Agreement are for reference and convenience only and shall not affect the interpretation of this Agreement. Rev 09/02 Page Arrius 2B Support By the Hour (SBH)® Agreement 11.9. 11.10. 11.11. 11.12. 11.13. Amendments. This Agreement, and any attachments hereto, set forth the complete understanding and agreement of the parties hereto and shall be amended only in writing, signed by both parties. Gender. Whenever in this Agreement the context so requires, the male gender shall include the female and the neuter; the female gender shall include the male and the neuter; and the neuter shall include the male and the female. Number. The use in this Agreement of the singular number shall include the plural, and the plural number shall include the singular wherever appropriate. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. Notifications. All orders, messages, or notifications relevant to the Agreement shall be by letter or by FAX. Such notifications will be considered as having been delivered when they are handed personally, sent by registered mail, or sent by FAX to the address given below: TURBOMECA ENGINE CORPORATION 2709 Forum Drive Grand Prairie, Texas 75052 Manager of Support By the Hour (SBH)® FAX: (972) 606-7668 Customer's Address: COLLIER COUNTY 2375 Tower Drive Naples, Florida 34104 FAX: (941) 643-3236 Rev 09/02 Paee 17 Arrius 2B Support By the Hour (SBH)® Agreement IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of the date first set forth above. COUNTY: Attest: 7;, ~.~,~, : · BOARD OF C~NTY ~MMISSIONERS DWICr~',I~['BI~cKi Clerk COLLIER NTY reDA . BY:~;~'~ By: "~ "' ' ' ~ ~M ~ING, CHAI~AN : L, Deputy Cler~ t~. WITNESSES: PxJea-N ame .,~ l~ sh iat ure Print N~e President & CEO (Corporate Seal) STATE OF <Z~.d3) COUNTY OF ~'~0~dJb~ The foregoing instrument was agkno, w!edged before me this ~l~& day of ~_~_k~k_fl , 2002, by~t.t~~ as President of Zurb~omeca Engine Corporation, a ~ corporation, on behalf of the corporation. He is b-]--personally known to me, o~: ["]'~as produced drivers license no. Ob ~' 5q-(~ Z."7-- as identification. ..... C^ ot.v, j. USSEt., ' Ii M~ Commissinn Expircs [[ NOTARY~UBI~IC Name: ~~X{k] -~"-'iZU~-~CL.C (Type or Print)_ My Commission Expires: fl'Zq'0 Rev 09/02 Pa~e 18 //~ Approved as to form and legal sufficiency: / ~ /.~ueli~ H~¢ard~bins~n ~ ~ .... . ..... A~st=t Coun~ Attorney Arrius 2B Support By the Hour ($BH)® Agreement EXHIBIT I COVERED EQUIPMENT This Agreement covers the following Equipment: Aircraft Engine Description S/N S/N Arrius 2BEngine 0138 30169 Arrius 2B Engine 0138 30172 TSN CYCLES Rev 09/02 Paee 19 Arrius 2B Support By the Hour (SBH)® Agreement EXHIBIT II CERTIFICATE OF TITLE TRANSFER 16gt ! From: TO: SUBJECT: Dear Sirs: TURBOMECA the Hour (SBH)® AGREEMENT Support By On behalf of ., I (state name and job description) hereby acknowledge receipt of and right title and interest to the following Standard Exchange Equipment pursuant to the terms of the above mentioned Agreement. EQUIPMENT RECEIVED FROM TURBOMECA: Description Serial Number Quantity I further confirm that the following Equipment has been returned to TEC, and that right title and interest to the Equipment has been passed to TEC by virtue of the above mentioned Agreement. EQUIPMENT RETURNED TO TURBOMECA: Description Serial Number Quantity Name and date: Rev 09/02 Paee 2 0 Arrius 2B Support By the Hour (SBH)® Agreement EXHIBIT II (cominued) BILL OF SALE 16gt, ll THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Turbomeca Engine Corporation, ("Seller"), for and in consideration of the transfer this day by ("Buyer") to Seller of certain property, and other good and valuable consideration, the full receipt and sufficiency of which are hereby acknowledged and confessed, does hereby BARGAIN, SELL, and DELIVER unto the Buyer, its successors and assigns all of the property described on Exhibit A attached hereto and incorporated herein by reference (the "Property") TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging unto Buyer, its successors and assigns. Executed this ~ day of ,2002. TURBOMECA ENGINE CORPORATION By: Title: Rev 09/02 Paee 21 Arrius 2B Support By the Hour (SBH)® Agreement EXHIBIT II (cominued) BILL OF SALE THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the undersigned, (" Seller"), for and in consideration of the transfer this day by Turbomeca Engine Corporation ("Buyer") to Seller of certain property, and other good and valuable consideration, the full receipt and sufficiency of which are hereby acknowledged and confessed, does hereby BARGAIN, SELL, and DELIVER unto the Buyer, its successors and assigns all of the property described on Exlfibit A attached hereto and incorporated herein by reference (the "Property") TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging unto Buyer, its successors and assigns. Executed this ~ day of ,2002. By: Title: Rev 09/02 Pa~e 2 2 Arrius 2B Support By the Hour (SBH)® Agreement EXHIBIT III 160 TURBOMECA ENGINE CORPORATION (FAX) 972-606-7608 the Hour (SBH)® AGREEMENT Support MONTHLY OPERATING REPORT Date Aircraft No. Customer Name Reporting Month Engine Model Telephone No. Engine No. 1 Hours Cycles S/N Start End Usage Start End Usage Engine MO1 MO2 Engine No. 2 Hours Cycles S/N Start End Usage Start End Usage Engine MO1 MO2 Rev 09/02 Paee 2 3 ' 'h Tur meca Engine CorporatiDn s~e~ qro~p September 18, 2002 Anton Burtschcr Chief Helicopter Pilot Collier County 2375 Tower Drive Naples, FL 34104 VIA FACSIIVEILE (941) 643-3236 RE: Sole Source Information D0ar Anton: This is to provade addmonal info ,rma.laon w~ ,thlr~-~pect",t01.the,"repaar and overhaul of the Arrius 2B1 engines installed in..thc:C0~er.,comiB/!~EC13~5 hclicopi?,. Other than routine line maintenance for:the engine,:..all:'0ther:.repair, and overhaul work must be performed at an authorized~repair Station apProVed byth¢ FAA. Tuzbomeca Engine CorporatiOn [of ~C_rrand,Prairie, Texas is th© biilY F~, approved repair station in North America to hold the FAA' Part .145. KopaLr.Station certi.fic~ttelfor the ArrittS!i2B1 engine. The intent of the goods and services covered under theseope'of the Suppo~rBy the Hour Agreement is to provide n°l onl~ spares'required'f'Gr.~outin~ maintenance,o f the Amus 2B 1 engine, bfit alsO.TO provide for the repair and'~ve~:hai~ 6fthe engine, No other vendors would have the abi'!i, ty to;'offer.:covere:d. ~ces:,Without the FAA:Part 145 Repair Station Certifi cate. - I am providing with this facsimile aCopy of our FAA Part 145 Certificate issued by the : If you need additional information, please do nOt, hesitate to call on me. Best Regards, Customer Support Manager - Western Region TURBOMECA ENGINE CORPORATION 2709 Forum Drivc Tel (9721 600~760~ Fax 1972) 606-7692 www.turb,~meea-u~a,ce m UNITED STATI[$ OF AMEI=~ICA DEPARTMENT OF' TRANSPORTATION FEDERAL AVIATION ADMINISTRATION LIMITED · . IMI T3~D LIMITED Managor. Ai~W 1~130 SHALl. gE IMNFJ)IAI'~LY I~FflT~E) "TO 'rH£ JkPPRGPRIA1E REGIQIL~L OFFI~ OF 'Tt4E FTO~RAL AViA'TIQ# AJDMI#iSTItATIGN Any alteration of thlz c~rt£f~ca~e is punishable by a fine o! not exc~dlng S1,000, or imprlso~mcnz nor e~c~ecling 3 yearz, or both FA~, Pon'~ L~tCt-."l. (1-*,67) $UlaERSEDF__~ FAA FORM 390. U.S. Department of Transportation Federal Aviation Administration II A0O3. II IIIII II I I I llll! II I Ratings and Limitati.0ns, Operations Specifications I I III III I HQ Control: 12/16/98 HQ Revision: 00e The Certificate Holder is authorized the following Re~ngs and/or Limitations: ClassRatin~_ s_ None Authorized Limited Ratines PowarPlant Mas~ufacturer Turbomgga Ali S~rics An'i~s Turbom~a All S~ri~s Arriel Turbom¢~a III B/B I Artoust¢ Turbom~ca II MAI, III A/B. XIV B, Astazou XVI F, XVIII A Turbom~.a IA/Al Makila Turbomeca IV MC Turmo A¢~=ssori~s Turbomeca/An'i Microrurbo Fuet Control Units, Injectors, Check Valves, Starting Drain Valves, Oil Piher Bases, Oil Pump Check Valves, Control Indicating Harness, and Pyromea'ic Hame~ - All Series. APU, Control Box, Starter Generator, Fuol-Oil Pump, and Fuel 'Nozzl= A.ss~mbly - All modets. Limitations Limited Ratings - Specialized Services Ratin~ High RPM balancing All Turbomcca's dynamic components and/or assemblies Dye ?en~'~rant Inspections Print Dato: 12/3/2001 Specifications In accordanc~ with Turbomeca's current maintc-~ncc manuals- In accordance with NAS 410 and ASTM E 1417. A003-1 Limitations Ccrtificatg No,: WC1K579K U.S. Department of Transportation Federal Aviation Operations Specificatiom Administration II III L. imited Ratings - S.p.e. ejalized ~ervices ~ Specifications Limitation~ Eddy Current Magnetic Particle Inspection TIG Welding In ~ccordauc~ with NAV SEA T9074-AS-GIB-010. In ~ccorda~¢¢ with ASTM E 1444 In accordance with MIL-SITD- 1595A. Machining Arriel 1, 1st & 2nd stag~ turbines 1st & 2nd s~age nozzles ~ accordance with Turbomcca's current mainteuance manuals, In a~cordance with Turbomeca's current maintenance manuals. 1. Issued by the Fede. ral'Aviati~n Administration. - - 2. These Operations Specifications arc approved by direction of thc Admhtistrat~r. z.~l. ~ ,, ..~l~5.?._~}.~Z.~ Principal Maintenance Inspector SWI9 3. Date Approval is effective: 12/3/01 Amendment Number: 0 Date: 12/3/01 Print Date: 12/3/2001 A003-2 Tu~bomeca Engine Corporation Cerfi.fica~c No,: WCIR.579K RESOLUTION No. 2003- 152 1696 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, NAMING THE NATURE TRAIL AT BAREFOOT BEACH PRESERVE THE ALICE AND HAROLD SAYLOR NATURE TRAIL. WHEREAS, Alice and Harold Saylor walked the coastline at Barefoot Beach long before the Parks and Recreation Department purchased the property, and WHEREAS, Alice and Harold Saylor have been an intricate part of the Friends of Barefoot Beach Preserve and have volunteered many hours of service to the Parks and Recreation Department, and WHEREAS, while serving with the Friends of Barefoot Beach Alice and Harold Saylor have been instrumental in the development of the Nature Trail at the Preserve to provide the public an educational experience amid the beauty of the place, and WHEREAS, Alice and Harold Saylor have monitored sea turtle nesting and performed inventories of plant material and wildlife for the Nature Trail at the Preserve. WHEREAS, Alice and Harold Saylor are a wealth of knowledge regarding the natural environment and have imparted that knowledge to the Parks and Recreation staff. NOW, therefore, be it resolved by the Board Of County Commissioners of Collier County, Florida, that: The Nature Trail at Barefoot Beach Preserve located at the terminus of Barefoot Beach Road, Naples, Florida, is hereby designated to be named the Alice and Harold Saylor Nature Trail. This Resolution adopted this ,:~,~_day of second and majority vote favoring same. ,2003, after motion, Dwight E..Brgck,~,~lerk By~ ~)~- Deputy Clerk Attest as'to 'Chalrm~'s signature onl$. Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA Tom H 16El DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16E Supervisor of Elections Building (C2) Renovations COLLIER COUNTY BID NO. 03-3487 COLLIER COUNTY, FLORIDA Design Professional: Victor J. Latavish COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 12/14/2003 1:24 PM B. C. D. E. TABLE OF CONTENTS 16E4 PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) INSTRUCTIONS TO BIDDERS BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS AGREEMENT AGREEMENT EXHIBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: EXHIBIT H: EXHIBIT HI: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHIBIT L: EXHIBIT M: Performance and Payment Bond Forms Insurance Requirement Form Release and Affidavit Form Contractor Application for Paym,ent Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Dispute Resolution Procedure Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if appliCable) Plans and Specifications prepared by Victor J. Latavish and identified as follows: Supervisor of Elections Building (C2) Renovations as shown on Plan Sheets 1 through 29. 22/14/2003 1:24 PM PART A- PUBLIC NOTICE/ LEGAL ADVERTISEMENT ),6E4 INVITATION TO BID COLLIER COUNTY, FLORIDA Supervisor of Elections Building (C2) Renovations COUNTY BID NO. 03-3487 Separate sealed Bids for the renovation of Supervisor of Elections Building (C2) Renovations, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 20th day of March 2003, at which time all Bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Supervisor of Elections offices at 3301 Tamiami Trail East, Naples, Florida 34112 at 9:00 A. M. LOCAL TIME on the 27th'day of February 2003, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Attendance at this pre-bid meeting is Mandatory~ the Bidder's failure to attend the pre-bid conference shall result in the reiection of its bid. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier 'County Government, Collier County, Florida, Supervisor of Elections Building (C2) Renovations, County Bid No. 03-3487 and Bid Date of March 20, 2003". No bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC- P-12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all' Work. Bidding Documents may be examined in the office of Facilities Management or at the Purchasing Department, Purchasing Building, Naples, Florida 34112. Copies of the Bidding. Documents may be obtained only at the offices of the Purchasing Department, upon payment of seventy fiVe dollars ($75.00) for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 GC-PN-1 32/14/2003 1:24 PM 16E t Eash bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance.within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Payment and .Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Flodda. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent Iow Bidder to perform the size and type of work specified in the Bidding Documents. Upon. request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 19th day of February 2003. BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /S/ Stephen Y. Carnell Purchasing/General Services Director GC-PN-2 42/14/2003 1:24 PM PART B - INSTRUCTIONS TO BIDDERS 16E Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the. Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response 'to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC- P-1 to GC-P-12 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to. the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. GC-IB-1 52/14/2003 1:24 PM Section 3. Bid Deposit Requirements !6E4m 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same sh,all be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Biddem shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10)working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 The Owner reserves the right to reject any and all 'Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 62/14/2003 1:24 PM Section 5. Si~nin¢3 of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 5.2 Bid proposals by a Partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section' 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without - legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given-consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and - all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days pdor to the date fixed for the opening of Bids. - Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. GC-IB-3 72/14/2003 1:24 PM 16E# 8.2 ~1';~ shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is mandatory. In instances were the County has deemed the pre-bid to be Mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as GC-IB-4 82/14/2003 1:24 PM 16E 4 set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining, the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the County, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" .is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment - of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption (#21-07-019995-53c) upon contract award, Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes - according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under - Chapter212, Florida Statutes. GC-IB-5 92/14/2003 1:24 PM 16E4 Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.2 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to-initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the paSt performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16, Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000-58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County fora specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. GC-IB-6 102/14/2003 1:24 PM COLLIER COUNTY GOVERNMENT 16E 4 PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIA1KI TRAIL GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8965 FAX (239) 732-0844 www.colliergov, net ADDENDUM#4 DATE: TO: FROM: SUBJECT: March 19, 2003 Interested Bidders James Albury ' /~'/ Purchasing Agent Addendum ~ - Bid #03-3487 "Supervisor of Elections Building (C2) Renovations" Addendum #4 covers the following clarification for the above-referenced Bid: Note: Change is reflected by bold, underlined, and italicized. Note: Addendum # 2 change Bid Due Date to March 20, 2003 @ 2:30 p.m. CHANGE: BID DUE DA TE: FRIDA Y, MARCH 21, 2003 ~, 2:30 PM If you require additional information please call James Albury, Purchasing Department at 941/774-8965 or'by e-mail at James Albury~.colliergov.net. Thank you. Cc: Robert Fuentes, Facilities Management Victor Latavish, AIA Architect File COLLIER COUNTY GOVERNMENT 16E4 PUR CI-t_ASING DEPARTMENT ADMINISTRATIVE SERVICES DMSION 3301 EAST TAMIAMI TRAIL GENERAL' SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8965 FAX (239) 732-0844 www.colliergov.net ADDENDUM #3 DATE: TO: FROM: SUBJECT: March 19, 2003 Interested Bidders James Albury Purchasing Agent Addendum #3 - Bid #03-3487 "Supervisor of Elections Building (C2) Renovations" Addendum # 3 covers the following clarification for the above-referenced Bid: This Addendum contains mandatory revisions to the Contract Documents and shall be considered part thereof: Sheet SP-2; Section 01800, NIC Items; Delete "HVAC Controls" from list. Sheet SD-l; a. Keynote #-4: Delete reference to "(Alt. Bid)" b. Add Note: "Demolish partitions at Rooms 105 and 106" Sheet A-l; Add the following Note to the Documents: "Provide one key lock-box (Knox box or equal approved by ENFD) at each of the following locations: D101 (East entrance to C-2) and existing door at North entry to C-1" Sheet A3; Finish Schedule; Rooms 135A and 135B; Add "Acoustic insulation in partitions" Sheet A5; Detail 6/A5; Delete references to "pl. lam" and "plastic laminate" Sheet A-6, Section 8/A6; Add note: "Provide insulation, metal studs, and gypsum board finish above window heads and above 8"-0" AFF at South and West walls of Receiving 134.' FA-l; Add the following Notes to the Documents: a. Contractor shall reprogram existing Silent Knight panel to communicate with both Monitoring serviCe and Facilities Management (FMS) upon activation of fire alarm. Refer to Vertical Standards for additional requirements applicable to this project; b. Refer to Sheet A3 Door Schedule Note #6 for additional Sequence o'f Operation requirements regarding Card Reader Access and hardware unloc upon activation of Fire Alarm.. c. Provide all labor, equipment, and material required to comply with specifications and referenced codes. Add the following Clarifications to the DOcuments: a. Specified Carpet tiles are "Alternate Bid" and not included in base bid b. Gravel border edge indicated in Vertical standards shall be installed at grade at exterior perimeters of the following areas: Loading Dock 134A (20 If), and both sides Exterior CMU walls (Det 4/D6) illustrated on Sheet A7. c. Gravel border is not required around balance of existing buildings. d. Fire Sprinkler System listed in Vertical Standards does not apply to this project. e. Trane is an approved equal manufacturer and may be used subject to compliance'with the specifications and physical size limitations of the equipment. Refer to Vertical Standards for additional requirements. f. HVAC Control requirements are specified on the Mechanical Drawings. Refer to Vertical Standards for additional requirements. If you require additional information please call James Albury, Purchasing Department at 941/774-8965 or by e-mail at James AIbury@colliergov. net. Thank you. Cc: Robert Fuentes, Facilities Management Victor Latavish, AIA Architect File COLLIER COUNTY GOVERNMENT 16E PUR CHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAlVlIAMI TRAIL GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8965 FAX (239) 732-0844 www. colliergov, net ADDENDUM #2 DATE: March 13, 2003 TO: FROM: Interested Bidders James Albury Purchasing Agent SUBJECT: Addendum #2- Bid #03-3487 "Supervisor of Elections Building (C2) Renovations" Addendum # 2 covers the following change/clarification for the above-referenced Bid: Note: Change is reflected by bold, underlined, and italicized. Original: Bid Due Date: March 20, 2003, 2:30 p.m. (Original): Post Card dated 2/19/03 Bid Due Date: March 19, 2003, 2:30 p.m. (Revised):Post Card dated 2/20/03 CHANGE: BID DUE DA TE: MARCH 20, 2003 ~ 2:30 P.M. If'you require additional information please call James Albury, Purchasing Department at 941/774-8965 or by e-mail at James Albury@colliergov. net. Thank you. Cc: Robert Fuentes, Facilities Management Victor Latavish, AIA Architect File COLLIER COUNTY GOVERNMENT 16E4 PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION 3301 EAST TAMIAMI TRAIL ' GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (239) 774-8965 FAX (239) 732-0844 www.colliergov.net ADDENDUM #1 DATE: March 6, 2003 TO: FROM: Interested Bidders SUBJECT: Addendum #1 - Bid #03-3487 "Supervisor-Of Elections Building (C2) Renovations" Addendum # 1 covers the following revisions/clarifications for the above-referenced Bid: These revisions are mandatory to the Contract Documents and shall be considered part thereof: 1. Sheet SD-1 is revised and re-issued dated 03-03~03. 2. Sheets M-l, M-3, M-5 are revised and re-issued dated 2-19-03. 3. Sheet FA-1 is revised and re-issued dated 03-03-03. 4. Add the following General Notes to the Documents: a. Remove existing partitions as required to properly install new work indicated in the Documents, typical. b. Paint at patches shall extend from base to ceiling and corner to corner, typical; spot paint patches are not allowed c. Patches existing finishes damaged by new work to match existing finishes, typical. d. Existing recessed .floor mats shall be salvaged and re-used in the work, typical. If you require additional information please call James AIbury, Purchasing Department at 941/774-8965 or by e-mail at James Albury@collier.qov. net. Thank you. Cc: Robert Fuentes, Facilities Management Victor Latavish, AIA Architect File 16E CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Surety Construction Company of Naples, Florida, a Florida corporation, to perform all work ("Work") in connection with Supervisor of Elections Building (C2) Renovations, Bid No. 03-3487, as said Work is set forth in the Plans and Specifications prepared by Victor J. Latavish, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Six Hundred and Five Thousand, One Hundred and Eighty Two Dollars and Zero Cents ($605,182.00). GC-CA-1 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of one hundred percent (100%) of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed five percent (5%) of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Dama,qes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within ninety five (95) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within one hundred twenty (120) calendar days from the Commencement Date. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, GC-CA-2 16E4 Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two thousand four hundred ninety seven dollars, sixty-two cents ($2497.62) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of two thousand four hundred, ninety seven dollars, sixty-two cents ($2497.62), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of two thousand four hundred ninety seven dollars, sixty- two cents ($2497.62) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. GC-CA-3 16E If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of two thousand four hundred ninety seven dollars, sixty-two cents ($2497.62) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. GC-CA-4 Section 6. Exhibits Incorporated. 16E4 The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit HI: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Dispute Resolution Procedure Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Victor J. Latavish and identified as follows: Supervisor of Elections Building Renovations-C2 as shown on Plan Sheets 1 through 29. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Robert Fuentes, Project Manager Facilities Management Department Collier County Government 3301 Tamiami Trail East Naples, FL. 34112 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Mr. Terry L. Kelly Surety Construction Company 28441 Tamiami Trial South Suite 109 Bonita Springs, FL. 34134 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. GC-CA-5 16E Section 8. Modification. No modification or change to the Agreement shall be valid ~or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governinq Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire ARreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section '13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. GC-CA-6 Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. GC-CA-7 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ATTEST: TWO WITNESSES: First Witness 16E C O NTRACTO R: ~.,~~~ ~_./¢~- ~--,A-_~' BY: ~~¢,.~_~ ~ Type/Print Name/~itle DATE: ~ ~~~r~~~ ~ Type/Print Name~itle ¢' DATE: ~?.0~ Date: F' ~1"0-~ ATTEST: Assistant County Attorney Affix the ("Corporate Seal") OR Type/print ("Corporate Seal") OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY · BY: GC-CA-8 I'IM]-U~-,"UUO IFIU UD, lq Fit 16E4 EXHIBIT a PUBLIC PAYMENT BOND Supervisor of Elections Building (C2) Renovations Bond No. HB 4935 Contract No. 03-3487 KNOW ALL MEN BY THESE PRESENTS: That SURETY CONTRACTORS BONDING AND INSUI{ANCE COMPANY at 1213 VALLEY ST., SEATTLE, WASHINGTON 32901 h CONSTRUCTION COMPANY as Principal, and , as Surety, located (Business Address) are held and firmly bound to SUPERVISOR OF ELECTIONS ,BD of C.c .aS Oblige in the sum of Six hhndrP_d, i five . thousand one. hundred eiqht¥ two($ 60.5,182 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointiy and severally. WHEREAS, Principal has entered into a contract dated as of the 22nd day of APRIL 2003, with Oblige for BUILDING (. C2 ..) RENOVATIONS in NAPLES, FLORIDA accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THiS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or'supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The provisions, of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment - Bond, regardless of the number of suits that may be flied by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this .~th day of - May 2003, the name of each party being affixed and these presents duly signed by its '~nder-signed representative, pursuant tO authority of its governing body. GC-CA-A-1 302/14/2003 I:24 PIVI Signed, sealed and delivered in the presence of: 16E4 PRINCIPAL Witnesses as to Principal SURETY CONSTRUCTION COMPANY STATE OF COUNTY OF ~~uu~i~ (~~ (). , a_. R~ _ ~o~orati%n, on behalf of the cor~ration. is personally kno~ rede '~R has produced~. ~ ~!_. asjdentifi~ ~n and did (~ My Commission ~pires: [ ~~~_. ~ ~ ~ ~ ~¢ig~tureofN~)~ L / / - ' . NAME' ~'/~¢~ ~ ~/~~ (AFF IX OFFi CIAL S ~L) .,_._ _. ~_ ~,: L~*~ _~ ~Y ~,~,~. s~,~s ! Commission~o.~ ........... ATTEST: SURETY: CONTRACTORS BONDING & INSURANCE CO (Printed Name) 1213 VALLEY STREET SEATTLE, ~ASHINGTONr32901 Witnesses to Surety 312/14/2003 1:24 PM (Business Address (Authorizedj91.g natu re Huntley A. Hornbeck (Printed Name) GC-CA-A-2 Witnesses OR 16E As Attorney/iff Fact (Attach Po~ver of Attorney) Huntley A. Hornbeck (Printed Name) 5248 RED CEDAR DRIVE FORT MYERS, FLORIDA 33907 (Business Address) 239-936-5622 (Telephone Number) STATEOF COUNTY OF The foregoing instrument was acknowledged before me this 2003, by ., as known to me OR has produced and who did (did not) take an oath. My Commission Expires: (A F'F]~C6~FTCTA~' ~'E~,L~ .... Surety, day of on behalf of Surety. He/She is personally as identification (sig~e) / ~, · Notary Public, State of: Commission No.: GC-CA-A-3 322/14/2003 1:24 PM 16E4 EXHIBIT A PUBLIC PERFORMANCE BOND Supervisor of Elections Building (C2) Renovations Bond No. MB 493 5 Contract No. 03-3487 KNOW ALL MEN BY THESE PRESENTS: That SURETY CONSTRUCTION COMPANY ., as Principal, and CONTRACTORS BONDING & INSURANCE CO -- . as Surety, located at 1213 VAT,T,P,¥ s.mT~.m · SEATTLE, WASHINGTON 32901 (Business Address) are held and fi~nly bound to SUPERVISOR OF ELECTIONS Bd. of County Comm. , as Oblige in the sum of _Six hundred five thousand one hundred eighty two &---Lno/100 Dollars ($ 605,182 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 22nd day of April , 2003, with Oblige for BUTLDI~G ( (22)._ RENOVATIONS _ in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof., and is referred to as the Contract. THE CONDITION OF THiS BOND is that if Principal: _1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because .-of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and ._3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the ._Contract or the changes do not affect Sureties obligation under this Bond. / The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, _alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of _the Contract or to work or to the specifications. GC-CA-A-4 332/14/2003 1:24 PM i 16EZ I It is expressly'i 1 ! This instrument shall be construed in all respects as a common law bond. understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this. Performande Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 9th day of May ,2003, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Witnesses as to Principal STATE OF COUNTY OF an oath. S,URETY CONSTRU~ST~N COMPANY NAME: .. ITS: i _~1 ~!"J~'::'-';:-~i:~'~ ' ¢C :t,'" SEPT7,200~ ; a ~(~(~-~ corpor~ion, on behalf of t"t"~e c~rp~/--~i°n{ ']' J~'K He/she is personally known to me OR has produced u ~, ~ as identification and did (d~) taka My Commission Expires: Notary Public, State of: Commission No.: GC-CA-A-5 342/1412003 1:24 PM 7 7 1 r r I'}~[-UO-~UUO I~U UD, IL Fit A-FTEST: 16E4" SURETY: SURETY CONSTRUCTION COMPANY (Printed Name) 28441 S. TAMIAMI TRAIL BONITA SPRINGSf FLORIDA 34134 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in/Fact · (Attach Powc~r of Attorney) Witnesses Huntley A. Hornbeck (Printed Name) 5248 RED CEDAR DRIVE FORT MYERS, FLORIDA 33907 (Business Address) 239-936-5622 (Telephone Numbe0 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of _ , 2003, by ., as of Surety, on behalf of Surety. He/She is personally known to me OR has produced an oath. (AFFIX OFFICIAL SEAL) Name: as identification and who did (did not) take (Legibly Printed) Notary Public, State of: Commission No.: GC-CA-A-6 352/14/2003 i:2~ PM a:Wat~matk :': he=eby ( .~eliVer PRODUCER Gulfshore Insurance, Inc. Cl±ent~: 52233 SURC03 i F ~ · RANCE "~ ~' D~,,MM,DD~Y,! CERTIFICATE OF LIABILITY INSU 'Z' V 'r ~"J~05/03 4100 Goodlette Road N, #100 Naples, FL 34103 -3303 239 261-3646 INSURED Construction Company THIS CERTIFICATE IS ISSUED AS A MA,,,-R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSORERB: nmeriTrust Insurance Corporation Surety NSURER C: 28441 Tamiami Trail S, ~109 Benita Springs, FL 34134-3213 I INSURER D: , I INSURER E: I COVERAGES i[ii\ [¥1~¥ -- 6 ?['JAR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN SSUED TO THE iNSURED NAMED ABOVE FOR THE F~b[~l~;~' PERIOD INDICATED. NOTWITHST~ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO ~ THIS CERTIFICATE MAY ~ ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE ~, EXcluSIONS ANU uu~S ~F SUCH POL CIES AGGREGATE LiMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,~,~.~ [POUCY E~FEcTi~E '~OL~C~ ExPiRATiON --~ ~ ~PE OF ~NSURANCE ~ POUCY NUMaER DATE (M~DD~Y) ~ATE (MM/DD~Y) / ....... ~, ~.~.~.AB,.~ c~ o ~ ~ ~ o ~ ~ ~ ~ / ~ o / o a ~ a / ~ o / o ~ ~ ~CH OOOO~.~NC~ ~,~, 0 0 0. 0 0 0 h ~ COM M ERCIAL GENERAL LIABiLI~ ~ ~ I ~ ] CLAIMSMADE X OCCUR [MEDEX~(Anyon~pe~oo) [~100Q ~ ~RSONA~9 ADV !NJ~ $~000, J ] [ GENERAL AGGREGATE sUnl imited ~ ~ GE~'~ ~GGRES~E UM,T~.~UES ~E.: ~"gDUC~S CPP0735077 AUTOMOE,LE L,AB,',TY 12 / 10 / 0 2 12 / 10 / 0 3 COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS (Per accident) iXi NON-OWNEDAUTOS PROPERTY DAMAGE i (Per accident) GARAGE LIABILITY ANY AUTO A : EXCESS LIABILI]~ i CCC4492036 J i:i~ DEDUCTIBLE . ! RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER !10020379400 (Ea accident) BODILY INJURY (Per person) BODILY INJURY ~$1,000,000 $ $ $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC . $ I AUTO ONLY: AGG $ 12/10/01 12/10/03 EACH OCCURRENCE i$5~000~000 AGGREGATE $$5, 000, 000 WC STATU- OTH- 01/01/03 01/01/04 ITORY LIMI'DS '<k' EACH ACCIDENT 15500, 000 E.L. DIsEAsE-EAEMPLOYEE $566;6b0 DESCRIPTION OF OPERATION~LOCA~ON~EHICLE~EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS iBoard of County Commissioners are Named as Additional Insured with respects to General Liability. Ail Insurance coverage is Primary to any Insurance or Self Insurance program carried by the Owner applicable to this Project. I RE: Supervisorof Elections (C2) Renovations. CERTIFICATE HOLDER JBoard of County Commissioners ~3301 Tamiami Trail East Naples, FL 34112 ACORO 25-S (7/97) 1 of 2 IX A :ANCELLATION AD DITIONAL INSURED ;INSURER LETTER: iHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION )ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL NO OBLIGATION OR LIABILITY OF AN Y/I),ID UPON TH E INSURER,ITS AG ENTS OR IM POSE REPRESENTATIVES. ,/ AUTHORIZED REPRE T E ~~'[~r0 -JC RD CORPORATION 1981~ #S220459/H212726 COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT C RELEASE AND AFFIDAVIT FORM 16E Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and' in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated , 2003 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. ~ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ,2003, by ., as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No,: GC-CA-C-1 412/14/2003 1:24 PM EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: .(Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date % Less Retainage % Total earned Less Retainage Less previous payment (s) LESS AMOUNT DUE FOR LIQUIDATED DAMAGES AMOUNT DUE THIS APPLICATION: $ ) ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in'connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 422/14/2003 1:24 PM EXHIBIT E CHANGE ORDER 1614 CHANGE ORDER NO. TO: CONTRACT NO. DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,2003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($ ). Original Agreement Amount $ Sum of Previous Changes $ This Change Order(Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (~) calendar days. The substantial completion date is and the final completion date is 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 this acceptance. The adjustment, if any, to the Agreement shall constitute 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. Accepted: ,2003 CONTRACTOR: OWNER: BOARD Of COUNTY COMMISSIONERS Of COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL By: GC-CA-E-1 442/14/2003 1:24 PM EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION 16E4 OWNER'S Project No. PROJECT: ENGINEER'S Project No. -- CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: - To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-D (1993 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General Contractors of Amedca. Reprinted 5/85 GC-CA-F-1 452/14/2003 1:24 PM The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPO N SI Bt LITI ES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title ,2003 GC-CA-F-2 472/14/2003 1:24 PM EXHIBIT G FINAL PAYMENT CHECKLIST 16E4 Bid No.: Project No.: Date: ,2003 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) CG-CA-G-1 492/14/2003 1:24 PM EXHIBIT H GENERAL TERMS AND CONDITIONS 16E4 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work,' whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; GC-CA-H-1 5t2/~4/2003 ].:24 PM 16F4 Climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform Under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utiJize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93-77, Amended by 96-29 and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 6:00 p.m. to 5:00 a.m,. Monday through Friday, and Saturday, 8:00 a.m. to 5:00 p.m. No work shall be performed outside the specified hours without the prior approval of the Project Manager. GC-CA-H-2 522/14/2003 1:24 PM 16E4 4. PROGRESS PAYMENTS. 4.~1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material-men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5. Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not GC-CA-H-3 53~/14/2003 1:~4 PM released to Contractor until final payment is due unless otherwise agreed to Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. 4.6. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.7. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. ,5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. GC-CA-H-4 542/14/2003 1:24 PM 16E4 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non- liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. GC-CA-H-5 552/14/2003 1:24 PM 16EZ 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the VVork will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the VVork is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5. The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in 'evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DALLY REPORTS, AS-BUILTS AND MEETINGS. 8.1. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: GC-CA-H-6 562/14/2003 1:24 PM 16E# 8.1.1.' Weather conditions showing the high and Iow temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4. The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings GC-CA-H-7 57211412003 1:24 PM shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the 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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, rites, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-8 582/14/2003 1:24 PM i0. CHANGES IN THE WORK. 16E4 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived -any claim-on-this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. GC-CA-H-9 592/14/2003 1:24 PM 16£4 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES, 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure in Exhibit H1. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. '12, OTHER WORK, 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity GC-CA-H-10 602/14/2003 1:24 PM 16E4 for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 INDEMNIFICATION. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2 This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all time~ comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. GC-CA-H-11 612/14/2003 1:24 PM i4. COMPLIANCE WITH LAWS. 16E 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. GC-CA-H-12 622/14/2003 1:24 PM 16E 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on GC-CA-H-13 632/14/2003 1:24 PM demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the GC-CA-H-14 642/14/2003 1:24 PM entire Work (or such designated portion) is substantially complete. Within a I time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance and upon receipt of a final Application for Payment, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material-men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any GC-CA-H-15 652/14/2003 1:24 PM materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shal( be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabFicators, suppliers OF processors except as otherwise provided for in the Contract Documents. If, within one {il year afteF substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials OF Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 22. TESTS AND INSPECTIONS. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. GC-CA-H-16 662/14/2003 1:24 PM 22.4. The Owner shall charge to Oontractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed an Saturday, Sunday or holidays. 22.51 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents, 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, 'remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If the Project Manager consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require,' that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. GC-CA-H-17 672/14/2003 1:24 PM 16E4 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary GC-CA-H-18 682/14/2003 1:24 PM circumstances. The superintendent sh." be employed bYthe C°ntmct°r 'nd b~e t~e E 4 Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after the occurrence of the emergency, if GC-CA-H-19 692/14/2003 1:24 PM 16 E ~cJontractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. GC-CA-H-20 702/14/2003 1:24 ]6E4 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's supsrintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that require the contractor to provide traffic control, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Purchasing Departments. 32, DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this (choose one) Bid/RFP/Agreement which shall take precedence over other conditions and terms of this (choose one) Bid/RFP/Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable C. Pricing and availability of goods and/or materials provided under Contractor's agreements with material suppliers GC-CA-H-21 712/14/2003 1:24 PM Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certifiCate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County-furnished materials that it incorporates into the project from the stock of County- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and/or 2. been incorporated into the project. Notwithstanding the transfer of County-furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County-furnished materials. Co The transfer of possession of County-furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County-furnished materials. County-furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County-furnished materials. Such insurance shall cover the replacement cost of any County-furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County-furnished materials, except in the' event of the County's gross negligence or willful misconduct. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. GC-CA-H-22 722/14/2003 i:24 PM EXHIBIT H1 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 16E4 INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter'682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 3.2 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration, 3.3 3.4 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor, 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. GC-CA-HI-1 732/14/2003 1:24 PM 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a contractor's performance under the contract. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Depa~i~lent. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. ~ d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, 742/14/2003 1:24 PM GC-CA-H1-2 o 16E4 the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEIv[ENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court rePorter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beghnning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. GC-CA-H1-3 752/14/2003 1:24 PM a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator ne later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediat°r. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to F/or/da Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. GC-CA-H14 762114/2003 1:24 PM 8.12 If a partial or fmai agreement is reached, it shall be reduced to writing and signed by and their counsel, if any. 8.13 If tile parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the COurt Program upon the conclusion of the A_DR Process. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting fn'm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part H of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. GC-CA-H1-5 772/14/2003 1:24 PM MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. GC-CA-H1-6 782/14/2003 1:24 PM Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, JAil days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within ? days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed With the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. 792/14/2003 1:24 PM GC-CA-H1-7 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16E4 Claimant Vs. Claim No. Respondent NOTICE OF CLAIM Claimant, , hereby notifies , Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution Procedure. Name of Project: Date of Contract: Date Claim: Summary of the Claim: Estimated Amount of Claim: Date: Claim Filed by: GC-CA-H1-8 802/14/2003 1:24 PM 16E4 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Ys. Respondent Claim No. REQUEST FOR ARBITRATION Claimant, Name of Pro(ecU Date of Contract: Party Requesting Negotiation: Date: Received by: Date Request Received: Comments: , hereby requests negotiation of the above-referenced Claim. 812/14/2003 1:24 PM GC-CA-H1-9 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16E4 Claimant Vs. Claim No. Respondent REQUEST FOR PRE-SUIT MEDIATION Claimant, referenced Claim, Name of Project: Date of Contract: Party Requesting Arbitration: Date: Received by: Date Request Received: Comments: , hereby requests PRE-SUIT MEDIATION of the above- 822/14/2003 1:24 PM GC-CA-Hi-10 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16E4 Claimant Vs, Claim No, Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant/Respondent CLAIM BY THE PARTIES. Name of Pro]ecu Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: , hereby REQUESTS NEGOTIATION OF THE Signed: 832/14/2003 1:24 PM GC-CA-Hi- 11 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC-CA-I-1 842/14/2003 1:24 PM EXHIBIT J TECHNICAL SPECIFICATIONS 16E4 COLLIER COUNTY DEPARTMENT OF FACILITIES MANAGEMENT VERTICAL STANDARDS FOR COLLIER COUNTY GOVERNMENT BUILDINGS FOR THE COLLIER COUNTY SUPERVISOR OF ELECTIONS BUILDING C-2 RENOVATIONS GC-CA-J-1 852/14/2003 1:24 PM DIVISION 1- GENERAL REQUIREMENTS 16E +" 01000- MINIMUM STANDARDS These guidelines shall be considered minimum standards which do not relieve the Contractor from' mandatory code compliance or coordination with specific project requirements. 01420-REFERENCED CODES AND STANDARDS All buildings must be designed to meet all ADA standards as they apply to government buildings. Bo All work installed is to comply with the Florida Building Code and all Federal, State, and Collier County Ordinances and Codes. legally adopted by the authorities having jurisdiction, including applicable appendices and editions. In case of differences between these Codes, the most stringent shall govern. Adopted Codes include but are not limited to the following: FBC- Building 2001 Edition FBC- Mechanical 2001 Edition FBC- Plumbing2001 Edition National Electric Code 1999 Edition NFPA 1, Fire Prevention Code 2000 EditionNFPA 10, Portable Fire Ext. 1998 Edition NFPA 13, Sprinkler Systems 1999 Edition NFPA 72, Fire Alarm Code 1999 Edition NFPA 101, Life Safety Code2000 Edition All work shall comply with applicable portions of the Referenced Standards listed in the FBC including but not limited to AAMA, ACI, AISC, ANSI, ASCE, ASHRAE, ASTM, FM, GA, OSHA, SJI, and UL standards. All work shall comply with the latest adopted edition of the following Collier County Ordinances: Collier County Building Construction Administrative Code Ordinance Collier County Fire Prevention and Protection Code Ordinance GC-CA-J-2 862/14/2003 1:24 PM 01700- CLOSEOUT DOCUMENTS 16 E 4 Provide 2 copies of Closeout Documents at the time of final completion for review at least five (5) days prior to application for final payment. Closeout Documents include all warranties, users manual, written maintenance instructions for all materials and equipment, and Record Documents. All materials except as-built plans shall be organized by specification section number and bound in 3-ring binders 01720-PROJECT RECORD DOCUMENTS Record Documents include as-built plans, supplemental drawings and diagrams, as-built specifications, approved submittals, and records of all changes, including but not limited to Addenda and Change Orders. The Contractor shall maintain and regularly update 'as-built' drawings and shop drawing/submittal file indicating exact locations, material, equipment, etc., as installed. Include locations of buried sleeves, hidden piping and conduits, sizes, etc. not specifically shown on the Drawings. Keep one set of record documents at the site for the duration of construction. Do not use record documents for daily construction use. Clearly identify, date, and initial all changes with a red pencil on the plans, specifications, and submittals. Transfer all changes to the final as-built documents at the completion of construction. Do In addition to Closeout Documents, one (1) mylar set of final as-built drawings must be provided to Facilities Management upon completion. Deliver to FMS prior to application for final Payment. 01730-OPERATION AND MAINTENANCE DATA Ao Provide manufacturers operation and maintenance manuals for all equipment, fixtures, and all materials requiring maintenance as part of the Closeout Documents. DMSION 2- SITE CONSTRUCTION 02000- GENERAL A. The Collier County Land Development Code, FBC, and requirements of Division 1 apply to work of this section. GC-CA-J-3 872/14/2003 1:24 PM 02300- GRADING Enclosed building floor slabs shall be at least 6" above exterior finish grade. Do not slope grades towards buildings. Final grading around the building is to be sloped evenly away from structures and slabs to insure positive drainage. 02900- LANDSCAPING. Ao B° Except for grass, all landscaping must be at least three (3) feet away from any exterior wall. Plants and other foliage must have a three (3) foot clearance between outer limbs and each wall. Trees are to be planted at least ten (1 O) feet from any exterior wall. Install a 10" wide border of gravel flush with the exterior walls around each building. Gravel shall be not less than 4" thick, installed over weed block fabric, with a suitable continuous edge trim. Top of gravel shall be at least 6" below the finish floor slab. Do DMSION 3- Completely remove all compacted base and sub base material from areas intended for landscaping and trees at landscape islands in parking areas. CONCRETE 03000- GENERAL A. ACI, CRSI, WRI, FBC and Division 1 requirements apply to all concrete work. 03001 B. Testing: Provide the services of a licensed materials testing laboratory to measure slump and test compressive strength of concrete used in footings, slabs, and beams. Provide tests daily for each batch mix and as required by Code, Building Official, and Contract Documents. Concrete not meeting specified strength requirements shall be removed and replaced. DESIGN REQUIREMENTS A. Ail floor slabs shall be designed for not less than 125 psf live load. Delegated Engineering; Structural components such as precast panels shall be designed and sealed by a Structural Engineer licensed in the State of Florida. All shop drawings shall be reviewed and approved by the Design Professional of Record prior to fabrication. GC-CA-J-4 882/14/2003 1:24 PM 03300- CAST-IN-PLACE CONCRETE Comply with ACI 318 standards. Ready-mix concrete is to comply with ASTM C94. Do not place concrete more than 90 minutes after batch mix at the'pl~t, and do not place concrete more than 60 minutes after batch mix when!the temperature exceeds 90d F. 2. Do not use concrete mix containing fly-ash in floor slabs or walkways. Do not add water to concrete on-site. Field modifications to concrete mix are not allowed. Concrete watered-down on-site shall be removed. All slabs shall be finished to a tolerance of not over 1/4" depressions in 10'-0" in any direction when checked with a 10' straightedge. Interior slab control joints may be sawcut or tooled. Provide diagonal reinforcing in floor slabs at all reentrant corners. Cure all poured concrete to minimize cracking. 03310- CONCRETE WALKWAYS Ao All exterior concrete walkways shall receive a heavy broom fmish texture to provide a slip resistant surface Broom texture shall be perpendicular to the direction of travel. There shall be no steps in the accessible route from accessible parking stalls to the main building entrance. B. Provide expansion joints at not more than 20'-0" o.c., at each change of direction, and between exterior slabs and adjacent walls. Provide control joints at not more than 6'-0" o.c. Exterior slab edges, expansion joints, and control joints shall be neatly tooled. DMSION 4- MASONRY 04000- GENERAL A. FBC, NCMA, ACI, and Division 1 requirements apply to work of this section. GC-CA-J-5 892/14/2003 1:24 PM 04800-UNIT A. MASO~Y Where CMU construction is used, provide standard weight, ASTM C90, Grade. N-1 units. CMU exterior load bearing walls are to be reinforced vertically and horizontally. All reinforced cells shall be grouted solid full-height. Provide inspection holes at bottom of all vertically reinforced block cells. Provide mortar and grout installed in strict compliance with provisions of the codes. Bottom course shall be laid in a full bed of mortar. Lay up walls plumb and true and with courses level, accurately spaced and coordinated with other work. Do not use chipped or broken units. Do not wet units or lay block in the rain. Properly dispose of excess mortar and materials off-site; do not bury materials on-site. Remove all loose mortar and repoint as needed prior to application of finishes. Masonry walls shall be straight, true, and plumb to within 1/4" in 0" when checked with a straightedge in any direction. DIVISION 5- METALS 05000- GENERAL A. FBC, AISC, AWS, and Division 1 requirements apply to work of this section. All exposed metal components shall be stainless steel, galvalume, hot- dipped galvanized steel, copper, zinc, bronze, anodized aluminum, painted aluminum, or similar non-corroding metal. Plain or painted steel shall not be used in exterior locations. All steel construction shall comply with AISC Specifications for Structural Steel Buildings and Code of Standard Practice. Steel plates to comply with ASTM A36, anchor bolts to comply with ASTM A307, all fasteners to be s.s. or galvanized. Shop and touch-up primer to be "10-99 Tnemec Primer" or Rustoleum 5769 or equal. DMSION 6-WOOD AND PLASTICS 06000-GENERAL FBC, AITC, APA, AWI,AF&PA, NDS, TPI, NFOPA, and Division 1 requirements apply to work of this section. GC-CA-J-6 902/14/2003 1:24 PM 06100- ROUGH CARPENTRY Provide pressure treated wood where sills, nailers, and/or furring are in contact with concrete or masonry. Produce joints that are tight, true, well nailed, with members assembled and fastened in accordance with the drawings and with pertinent codes and regulations. Provide solid wood blocking and/or shims for finish materials as required to maintain a tolerance of max. 1/4" deviation in 10'-0" when measured with a 10'-0" straightedge, plumb and true, for all substrate framing where finish materials will be exposed to view. Do not use warped members. Provide blocking for all accessories, hardware, etc. Provide all necessary hardware such as nails, bolts, anchors, ties, etc., required for a complete and proper installation. Bolts, washers, nuts, etc., shall be noncorrosive material. Isolate dissimilar metals. C. Interior Door Frame Blocking: Metal Stud Partitions: Provide cont. 2 x 4 blocking fastened to 20gauge stud at the jambs of all interior door frames. Wood Stud Partitions: Provide double 2 x 4 studs at the jambs of all interior door frames. Vertical blocking at door jambs shall be full-height of partition, securely braced to the structure above. Provide horizontal 2 x 4 cont. blocking at the head of all door frames Increase size of blocking to 2 x 6 or larger as required to match size of partition studs. 06200- FINISH CARPENTRY Ao WWPA recommendations apply. Select material for straightness and do not use warped members. Finished woodwork is to be properly framed, closely fitted, and accurately set to the required lines and levels and rigidly secured in place. Miters or other fitted joints shall be planed or sanded .Use only hot-dipped galvanized or s.s. fasteners .Countersink all finish nail fasteners. Staple fasteners will not be accepted. Provide solid wood blocking and/or shims for finish materials as required to maintain a straightness tolerance of max. 1/4" deviation in 10'-0" when measured with a 10'43" straightedge. GC-CA-J-7 912/14/2003 1:24 PM 06400-CASEWORK Comply with AWl standards for custom work. All cabinets are to be f'mished with plastic laminate on either 5/8" particleboard or plywood construction at fabricators option. Plastic laminate all exposed surfaces. Cabinets are to be true European-style full-overlay construction, with 1/8" joint between doors/drawers, without vertical styles between paired doors. Use concealed HD 170-degree hinges, with white melamine liner inside cabinets and drawers. Use HD drawer guides, and provide pull at each door/drawer. Countertops are to be plastic laminate on 3/4" plywood. Securely fasten all casework to blocking or solid substrates. Adjust and clean all casework prior to acceptance. DMSION 7-THERMAL AND MOISTURE PROTECTION 07210-12NSULATION A. Provide required insulation at the building envelope of all conditioned areas. 07900- JOINT SEALANTS Ao Provide and install one or two-part exterior elastomeric sealant at all window and door jambs, sills, heads, surface joints, flashing edges, and wherever else required to provide a weather-tight building envelope and a neat and trim installation. All sealants shall be paintable premium grade 15-year or better products manufactured by Focuseal, GE, or equal. Provide premium grade caulking at all trim edges and at other interior conditions where required to provide a neat and trim installation. C° Provide tested penetration system sealants and materials at all pipes, conduits, and misc. penetrations through rated walls and ceilings. GC-CA-J-8 922/14/2003 1:24 PM DIVISION 8- DOORS AND WINDOWS 08000- GENERAL A. FBC, SDI, and requirements of Division 1 apply to work of this section. 08110- STEEL DOOR FRAMES A. Comply with SDI standards. 1. All steel door frames shall be galvanized and factory primed. Wipe coat WCGS and galvaneal products may not be used. 2. All steel frames are to be fully welded for new construction. 3. Provide fire rated units where required to maintain integrity of rated assemblies. 08211- FLUSH WOOD DOORS A. Typical interior doors shall be hinged, flush, solid core units with faces and edges to match existing doors. 1. Doors shall not be less than 36" wide. 2. Frame material shall be fully welded galvanized steel. 08305- ACCESS DOORS A. Provide access panels in wails, ceilings, and/or soffits where required for maintenance access to all concealed valves, fixtures, and equipment. 1. All panels components and fasteners shall be constructed of non-corroding material limited to stainless steel, painted or anodized aluminum, or factory primed galvanized steel. 2. Unless required otherwise by program, all access panels shall be commercial grade units with a full length hinge, operable with standard tools. GC-CA-J-9 932/14/2003 1:24 PM 08700- DOOR HARDWARE 16£ Provide all hardware needed for a complete and proper installation including but not limited to locks, levers, pulls, exit devices, closers, butts, weatherstripping, astragals, coordinators, door holders, kick plates, push plates, and silencers. All door hardware shall be non-ferrous, commercial grade. Plain or painted steel hardware may not be used. 2. All hardware shall be ADA compliant. ° Approved manufacturers are Schlage, LCN, Von Duprin, Desco, Hager, Ives, Rockwood, and Pemko. ao Locks shall be Schlage B-Series 6-pin cylinder with E-keyway only. No substitutions. Key to match County keying system. C- keyway may not be used. b° Standard locksets and leversets shall be Schlage D-series. Use L- Series where required for security or other program requirements. Standard closers shall be LCN model 4041 Super Smoothie series, no substitutions. Adjust to meet ADA and FAC requirements. d. Exit Devices shall be Von Duprin, Number 88. No substitutions. All keys shall be brass. Stamp keys "DO NOT DUPLICATE". Discard construction keys and re-key entrance lock after final acceptance. Adjust hardware for proper operation, including adjustment of levers and closers to comply with ADA and Florida Accessibility Code requirements. 6. Check adjustments after 90 days use and readjust as needed. GC-CA-J-10 942/14/2003 1:24 PM DIVISION 9- FINISHES 09000- GENERAL 16E 4 '! Comply with codes and referenced standards listed in Division 1, including but not limited to FBC requirements. Workmanship shall be proper and neat in appearance conforming to nationally recognized standards and specified tolerances. Work that is not in compliance with referenced codes and standards shall be removed and replaced at no extra cost to the County. 09261- GYPSUM BOARD ASSEMBLIES Comply with FBC, Gypsum Association, USG, and UL requirements and recommendations, the requirements of Division 1, and manufacturers specific instructions. Provide 5/8" type-X gypsum board at rated locations and 1/2" gypsum board at other interior locations. 1. Do not use gypsum board products at exterior locations. Provide a smooth finish suitable for painting on all exposed surfaces. Visible tape or sanding marks in work will not be accepted. Contractor may provide smooth hardcoat in lieu of smooth drywall finish. 1. Use screw fasteners throughout. 2. Trim drywall at external corners with plastic comer beads. 09310- CERAMIC TILE A. Comply with Tile Council of America (TCA) standards and details. 1. Tile joints are to be aligned and straight, plumb, level, and true, with equally spaced cut units at ends. B. Provide tile finishes at the following locations: 1. Tile floors are required in all Restrooms and Janitors Closets. 2. Provide tile wainscot not less than 42" high in Restrooms, at mop sinks, and at drinking fountains. Extend wainscot not less than 18" to each side of mop sinks and drinking fountains. GC-CA-J-11 952/14/2003 1:24 PM Fo Provide product certificate indicating the coefficient of friction complies with ADA requirements for both wet and dry conditions. Tile base and all corners shall be sanitary cove style. Floors must slope towards drains. Use aluminum or bronze edge strips where abutting carpet floor finishes. 09512-ACOUSTICAL TILE CEILINGS A. Standard acoustical tile shall be Armstrong World Industries #704A (reveal edge), white color, size 24" x 24". B. Suspended grid shall be white color, Armstrong World Industries manufacturer system same as acoustic tile. 1. Installation shall comply with ASTM C635 and C636. 09651-RESILIENT TILE FLOORING A. Standard 12" x 12" x 1/8" Vinyl Composition Tile shall be used in service 1. Tile material and adhesives shall not contain asbestos materials of any kind. B. Clean, wax, and polish tiles prior to final acceptance. 09653-RESILIENT WALL BASE AND ACCESSORIES A. Provide 4" vinyl base where scheduled. Use premolded comer pieces at all outside comers. B. Provide matching transition strips where VCT floors abut tile or carpet floors. GC-CA-J-12 962/14/2003 1:24 PM 16E4m 09680- CARPET A. Provide Carpet and/or Carpet tile as required by building design program. Acceptable products are as follows: 1. Product: Mohawk Carpet Tile with the following specifications: g. h. i. j. k. Type: Stati-Tuft Modular Construction: Tufted/Ultra Performance Syste Fiber: 100 % Dupont Antron Legacy Yarn Weight: 28.3 oz./sq, yd. Gauge: 1/8 Size: 17 5/8 x 17 5/8 Density: 7,898 Weight Density: 223,504 Stitches per inch: 8.4 Pile Thickness: 0.129" Warranties: Mohawk 20 yr warranty 09900-PAINTING Use Sherwin-Williams "ProMar 200" and A-100 series, S-W Industrial Enamel, and related premium S-W products throughout. 1. All color selections shall be standard SW colors. Provide a typed Paint and Color schedule for each building. This record shall include the job name, job location, date contractors name, the material manufacturer's name, product name, color name and number, and color formula. A copy of this record shall be delivered to the Facilities Management Contract Manager at the end of the work. A duplicate copy shall be bound into the Closeout Documents. Backprime all exposed wood materials scheduled for paint finish prior to installation. Provide primer plus two finish coats on all wood, gypsum board, concrete and stucco finishes. Provide two coats of rust inhibitive primer on all surfaces of metal doors and frames and prior to installation, then 2 finish coats of S-W industrial enamel on exposed metal surfaces. Eo Topcoat shall be either S-W eggshell, semi-gloss, or full-gloss. Restroom wails shall be either semi-gloss or full-gloss. Do not use flat paint as top coat at any location. GC-CA-J-13 972/14/2003 1:24 PM 16El Deliver materials to site in unopened containers with manufacturers labels. Protect adjacent finishes and materials, prepare surfaces, and apply materials in strict accordance with manufacturers recommendations and instructions. Verify material compatibility with substrates. Do not apply paint to wet or damp materials. Do not paint exterior surfaces in the rain. All coats shall be thoroughly dry before applying succeeding coats. Provide temporary barricades, 'WET PAINT' signs, and protect all work until dry. Remove masking when finished. Carefully remove paint from materials not intended for paint finish. Clean and touch-up as required. H. All paint finishes must be evenly spread, free of runs, sags, or other defects. DIVISION 10-SPECIALTIES 10000-GENERAL A. FBC, ADA, and requirements of Division 1 apply to work of this section. 10155- TOILET COMPARTMENTS Provide overhead-braced solid plastic 1" thick toilet compartments manufactured by Santana, Capitol Partitions, or approved equal. All fasteners and hardware shall be stainless steel, aluminum, or chrome plated brass. Plastic accessories, hinges, latches, or similar components are not acceptable. 2. Provide latch, hinges, door stop, and coat hook for each door. Inswing doors shall remain slightly open when not latched. Accessible stall doors shall be self-closing. Brace all compartments at the face of partitions and doors. Size bracing components as needed to avoid perpendicular braces. 10200-LOUVERSANDVENTS All louvers shall be extruded aluminum with anodized or appropriate protective coating. Mill finish units or stamped metal louvers are not allowed. Locate louvers to minimize water intrusion. Provide sill flashing, gutters, and curbs as needed to prevent rain water damage. GC-CA-J-14 982/14/2003 1:24 PM 16E 10425-SIGNS Exterior Signs shall be manufactured by Barco Products Company or County approved equivalent manufacturer. B. Interior Office Signs shall be manufactured by - Allen Marking Products Provide raised letters and contrasting color backgrounds with braille strip at bottom of all room signs. Use international symbols in addition to text where applicable. Coordinate sign colors with interior finishes using only manufacturers standard basic colors. Install room identification signs in strict accordance with ADA requirements. 10520-FIRE EXTINGUISHERS AND CABINETS Ao Comply with ADA requirements. Provide extinguishers of the types and sizes where required by NFPA 10 and local AHJ, but not less than one 2A:10B:C unit near each required egress door. Use either semi-recessed or fully-recessed cabinets for all units located in occupied interior rooms. Interior cabinets shall have unlocked hinged door with tempered glass view panel. Provide standard bracket-mounted extinguishers without cabinet at enclosed unoccupied utility rooms, mechanical rooms, storage rooms, and similar service areas. Where required at exterior locations, use all-plastic cabinets with clear safety-type break-plastic fronts. 10801-TOILET ACCESSORIES Comply with ADA requirements and minimum County standards established herein. All accessories shall be commercial grade, brushed stainless steel, formed and welded with all exposed edges hemmed and ground smoOth, with no sharp edges and no sharp corners. CJ Provide all accessories needed for a complete and proper installation including but not limited to grab bars, paper towel dispensers and receptacles, toilet paper holders, sanitary napkin receptacles, and coat hooks. D. Approved manufacturers are Bobrick and Bradley. Eo Coordinate with the work of other trades. Securely install accessories plumb and square, fastening units to solid wood blocking, studs, compartment partitions, or cmu walls. Do not use toggle bolts or expansion shields. GC-CA-J-15 992/14/2003 1:24 PM 10802-MIRRORS All accessories and grab bars shall safely support 250 lbs. L.L. 16£ Ao Comply with ADA requirements and minimum County standards established herein. Standard mirrors shall be tempered glass with stainless steel frames. Provide tilted mirror at accessible stalls only. Use only stainless steel vandal resistant hardware and fasteners, concealed wherever possible. Provide polished stainless steel or unbreakable units where required by program and at all unsupervised public facilities. DIVISION Il-EQUIPMENT ll000-GENERAL A. Comply with the requirements of Division 1. B. All equipment shall be commercial grade. DMSION 12-FURNISHINGS 12000-GENERAL A. ADA, NFPA, OSHA, and the requirements of Division 1 apply to work of this section. 12680-RECESSED FOOT GRILLES Provide recessed foot grilles at all building entrances. Use Pedigrid entrance mats or one of the following approved equal manufacturers: 2. 3. 4. Balco, Inc.; Wichita, KS Construction Specialties, Inc.; Muncy, PA Reese Enterprises, Inc.; Rosemont, MN Arden Architectural Specialties, Inc. Entrance Mat Frames: Provide manufacturer's standard design, of size and style to mate with insert type and adjacent finish floor or wall construction, for permanent recessed installation in sub-floor; complete with comer pins or reinforcing, and installation anchorages. Provide frames of extruded 6063-T5 alloy aluminum. Coat surface of frame which will contact cementitious material with zinc chromate paint or manufacturer's standard protective coating. GC-CA-J-16 1002/14/2003 1:24 PM exceed available lengths, provide minimum number of pieces possible, with hairline joints equally spaced, and with pieces spliced together by means of straight connecting pins. Rigid-Type Foot Grilles: Provide manufacturer's standard extruded aluminum floor grid of top surfaced tread rails and spacer cross bars, 6063-T5 or 6061-T6 alloy and mill finish, 1-5/16" wide continuous treads spaced 1-1/2" o.c. (3/16" openings), top surfaces as indicated, 1-5/8" maximum overall thickness of grid system. Top Surface: Fusion-bonded level-cut-pile nylon carpet insert; DuPont "Antron III" ~ament, 1/4" high, 28 oz. per sq. yd. Level Bed Applications: Provide manufacturer's standard vinyl cushion support system. "Pedimat' or similar loose-lay maas in recessed frames shall not be considered equal to approved "Pedigrid" recessed foot grilles. 12624-OFFICE FURNITURE A. Contact FMS for current furnishing contract requirements. 12700-SYSTEMS FURNITURE A. Contact FMS for current furnishing contract requirements. DIVISION 13-SPECIAL CONSTRUCTION 13000-GENERAL A. FBC, MBMA, NFPA, OSHA, and the requirements of Division 1 apply to work of this section. 13720-SECLrRITY ALARM For new buildings or renovations where the security system is being removed, a new integrated system shall be installed. In existing buildings where the security system is not being replaced, the Facility Management System shall monitor the security system as noted below. System shall perform as a stand-alone security system including all required control sequences per occupant's requirements including necessary keypads, card readers, motion detectors, door contacts, etc. GC-CA-J-17 1012/14/2003 1:24 PM 16E4 Security system shall communicate to (FMS) to indicate at a minimum, zone by zone status. FMS shall act as a secondary reporting station and shall not be the primary reporting station. 13851-FIRE ALARM A. Provide a complete Fire Alarm system where required by Code or Ordinance. Refer to Division One for General Requirements, Codes, and Standards, including FBC and NFPA codes. Comply with the requirements of NFPA 72, National Fire Alarm Code for all work related to the design and installation of the system. The Engineer of Record shall review and approve the installers shop drawings prior to permit application. The fire control panel shall be an addressable frre panel that is ULFM listed. For new buildings or renovations where the existing fn'e alarm system is being removed, a new integrated system shall be installed. In existing buildings where the frre alarm system is not being replaced, the Facility Management SYstem shall monitor the fire alarm system as noted below. System shah perform as a stand-alone f'rre alarm system including all required control sequences including Fire Department notification. Fire Alarm system shall communicate to (FMS) to indicate at a minimum, zone by zone status. FMS shall act as a secondary reporting station and shall not be the primary reporting station. D. Maintain accurate as-built plans of all work. 1. Provide neatly typed zone schedule at the fire alarm panel. 2. Provide CAD discs of any new or revised alarm system. 13916-FIRE SUPPRESSION SPRINKLERS A. Provide a complete automatic fire sprinkler system where required by Code or Ordinance. Refer to Division 1 for General Requirements, Codes, and Standards. Comply with NFPA 13 and Collier County Ordinance 98-74 Fire Prevention and Protection Code for the design and installation of all Fire Suppression System work. The system shall be designed by a Professional Engineer licensed in the State of Florida. When the Contractors PE is responsible for the system design, the Engineer of Record for the building shall review and approve the installers shop drawings prior to permit application. GC-CA-J-18 1022/14/2003 1:24 PM Sprinkler heads shall be recessed or semi-recessed in all occupied rooms, centered in acoustic ceiling tiles. 16E4 Maintain accurate as-built plans of the work. DIVISION 14-CONVEYING SYSTEMS NOT USED DMSION 15-MECHANICAL 15000-GENERAL Ao Requirements of Division 1, Florida Mechanical Codes, NEC, NFPA, AMSE, State Board of Health Sanitary Code, OSHA, ASHRAE, AMCA, SMACNA, UL, Florida Energy Code, and Collier County Government Vertical Construction Standards apply to work of this section. Bo All materials and equipment provided shall be assembled, erected, and installed in such a manner as to insure proper operation of the system of which they are a part, including air-handlers, direct-expansion units, temperature controls, chillers, cooling towers, condenser pumps, brine pumps, the chilled water primary and secondary pumping systems, the EMS control system, and the electrical services. Equipment, devices, and accessories, not covered by Codes and/or Standards governing their installation shall be installed in strict accordance with the manufacturers' printed instructions. All design concepts and drawings, shop drawings submittals, equipment listings, etc. will be reviewed by Facility Management personnel for their approval. Also after the installation is complete, this group shall review the contractor's commissioning plan and approve the testing and balancing results. After tests and commissioning work is approved the equipment shall be officially accepted by Collier County, warranty and guarantee periods shall begin, and the equipment shall be turned over to Collier County in operating condition. D. All mechanical rooms are to be ak-conditioned. 15001-MECHANICAL SYSTEM DESIGN REQUIREMENTS The HVAC system shall be designed in accordance with the above referenced codes and standards and the requirements and specifications of the building. B. Humidity levels shall be maintained at 45 % to 50 % relative humidity. C4 Indoor Air Quality; All buildings shall be designed in accordance with the latest issue of ASHRAE Standard 62, Ventilation for Acceptable Air Quality for building outdoor air. Where the requirements of the Vertical Standards are more stringent than the referenced ASHRAE standards, the Vertical Standards shall be used. GC-CA-J-19 1032/14/2003 1:24 PM 6E4 Air conditioning system must provide a positive pressure throughout the building. Coordinate with the work of other trades to insure access panels are provided at all required locations. 15002-AS-BUILT DRAWINGS A. Contractor must provide accurate and updated as-built drawings detailing all mechanical installations shown as they are actually installed. 15075-MECHANICAL IDENTIFICATION A. All supply grilles shall be marked with vinyl letters to identify the grille and corresponding air handling units and as directed by Facilities Management Staff. All grilles will be assigned a number by the Senior HVAC technician and included on the master ventilation plan. These numbers will coincide with METASYS identification numbers for ease of identification for remote use. All condensers, air handler units, fans, and other major components of the mechanical system shall be identified with the same designation used on the drawings and supplemental numbers as designated by FMS. Use either neatly stenciled signs painted directly on equipment, or plastic signs with 1" high engraved letters permanently fastened to the units. 15081-DUCT INSULATION Ao All ducts shall be externally insulated. There shall be no fiberglass material in the air stream. 15530-REFRIGERANT PIPING All piping shall be type "K" copper piping. All elbow piping shall be of long radius to increase flow and prevent restrictions. All taps, tees, joints, oil-traps, and other connections shall be made only with appropriate fittings designed and selected for the use of the piping system. All connections shall have brazed joints. 15400-PLUMBING- GENERAL A. Provide plumbing fixtures and restroom facilities as required by the Code, plus additional fixtures as follows: 1. Exterior Requirements; Each building will have at least one (1) hose bib per exterior wall, spaced at not more than 100'-0" o.c. Hose bibs shall have removable metal T-handles, not plastic handles. All hose bibs shall have a vacuum breaker and shall be firmly secured to the building. Provide recessed unit where installed in exterior walls directly abutting exterior walkways. Isolate copper materials from cementitious materials to prevent deterioration. GC-CA-J-20 1042/14/2003 1:24 PM HVAC Equipment Rooms; Provide at least one (1) hose bib and floor drain in each HVAC Equipment Room. onl6E 4 All Mechanical Rooms shall be fitted with sufficient floor drains to allow for drainage of any leaks, condensation, or spillage. Janitorial Closets; Each building shall have one (1) janitorial closet for every 10,000 sq. ft. and will be located at each set of restrooms. The room will contain a water heater, floor mop sink, shelves, floor drain, at least one (1) electrical outlet, and sufficient lighting to illuminate room. Restroom Floor Drains; All restrooms, public and private, are to be fitted with floor drains, number and location of which will be determined by size and layout of restroom. Floor drains may be omitted in private restrooms only when located at the first floor. Restroom lavatories and sinks in public areas shall be supplied with cold- water only. 15411-WATER DISTRIBUTION PIPING All pipes shall have appropriate shutoff valves located near fixtures to allow for shutoff without shutting down entire systems. Locate valve at fmure, at access panel, or above readily accessible ceiling tile. All pipes and fixtures shall have immediate and sufficient access through walls and obstructions to facilitate maintenance and repair. C. All pipes shall have sufficient cleanouts installed to expedite maintenance. Insulate all hot water lines. Insulate all exposed drains under sinks in accordance with ADA. Exposed insulation shall be white color; concealed insulation shall be black color. E. Exposed pipes and valves in public restrooms shall be chrome plated. Wrap and protect all buried lines to inhibit corrosion where in contact with concrete. 15440-PLUMBING FIXTURES Acceptable Product Manufacturers: 1. Lavatories, Service Sinks, Water Closets, Urinals, Bath Tubs: a. American Standard. b. Crane Co. c. Eljer Plumbingware Div. d. Kohler Co. GC-CA-J-21 1052/14/2003 1:24 PM Stainless Steel Sinks: a. American Standard. b. Elkay Mfg. Co. c. Dayton. Faucets: a. American Standard. b. Chicago Faucet Co. c. Delta Faucet Co. d. Eljer Plumbingware Div. e. Kohler Co. f. T & S Brass. g. Speakman. Flush Valves: a. Sloan Valve Co. (Royal only) Water a. b. C. d. Closet Seats: open front; Bemis Mfg. Co. Beneke Corp. Forbes-Wright Industries, Inc.; Church Products. Olsonite Corp.; Olsonlte Seats. Fixture Supports: a. Josam Mfg. Co. b. Kohler Co. c. Tyler Pipe. d. Zurn Industries, Inc.; Hydomechanics Div. All plumbing fLxmres shall be white color. Faucets and trim shall be chrome plated brass. 16E 4'"' 15460-WATER HEATERS Provide commercial grade water heaters using only industry standard components and sizes, limited to 110, 208, and 240 volt units. Units requiring 480 volt service or special heating elements may not be used without prior written approval by FMS. 15600-CHILLER EQUIPMENT AND PIPING A-D Not applicable GC-CA-J-22 1062/14/2003 1:24 PM 16E4 Pipes and Pipe- Fittings for Chilled Water Systems; Pipe shall be Schedule 40 black carbon steel type BCS-150 meeting requirements of ASTM Al20 and A$3 for chilled water, cooling tower water, brine water, and vent system usages. All piping shall utilize screw fittings for sizes 2" and smaller and butt welded joints and flange fittings for sizes 2 1/2" and larger as required to join associated valves and equipment flanges. No PVC piping on any chilled water, cooling tower water, brine water and vent system usages. Valves for Chilled Water Systems; Valves for isolation and shut-off services shall be gate type with dual supported rising stems for 125PSI working pressure service with bronze valve bodies and screw fittings for pipe sizes up to and thru 2-inches and with iron bodies and either flange or grooved fittings for all larger pipe sizes. Balancing valves for fixing water flow rates shall be ball and/or globe type with calibrated orifices, indicating operating handles and flow rate gauge fittings as required for setting flow rates. Variable water flow system control valves shall be globe and/or butterfly single- and two-way types with manual and motorized eperators as required to operate within the EMS system. Ail valves shall be capable of providing smooth proportioning flow control. Spring returns shall be provided on all two position and/or reversible modulating valves where required for fail-safe operation. Piping Specialties for Chilled Water Systems; All required piping accessories shall be provided and shall include, but not be limited to, air vents, pressure relief valves, dielectric connectors, gauge piping, strainers, flexible connectors, temperature sensors and wells, pressure gauges and ports, gaskets, and wall and floor sleeves, expansion joints, pipe supports, and anchors and all other devices necessary for a complete and operable installation. Thermal Pipe Insulation for use indoors on all chilled water piping and surfaces shall be minimum 1 1/2-inch thick fibrous glass insulation with vapor barrier. Use 2" foam glass insulation between chiller and ice ranks. All chilled water piping shall be color coded with label and arrows identifying direction and contents of flow. Provide aluminum jacket over all insulated piping where exposed to view and/or exterior to building above grade. Each building shall have a chilled water line shutoff at the entrance to the building and at each floor of the building. GC-CA-J-23 1072/14/2003 1:24 PM 15812- FIBROUS-GLASS DUCTWORK A. Fiberglass duct systems are not allowed. 15815- METAL DUCTWORK 16El All supply and return ductwork shall be externally insulated galvanized sheet metal with no fiberglass insulation in the ak-stream. All exhaust fan ducts and outdoor air ducts shall be aluminum with external insulation. Ductwork Accessories; All materials needed such as anchors, hangers, screws, canvas connectors, "S"and "Drive" cleats, duct sealant shall be properly installed as to insure proper safe operation of system. 15816- ANTI-MICROBIAL TREATMENT All mechanical equipment and ducts shall be treated with the specified antimicrobial treatment. Provide two coats of PORTERSEPT HVAC Acrylic Primer/Finish No.3830 containing Intersept antimicrobial agent on internal surfaces of metal ducts and non-moving components of equipment except coils and filters. PORTERSEPT is manufactured by the Porter Paint Company. 15817-VIBRATION AND NOISE CONTROL Bo All units shall be equipped with proper vibration control springs and/or pads specified by manufacturer to minimize vibration and noise. Mechanical rooms adjacent to offices must be quiet operating and sound levels shall be abated and subdued with insulation and silencers so that the pressure levels within three feet from any surface on the chiller and within the mechanical room do not exceed 90DB. Coordinate with the work of other trades as required to insure adequate sound attenuation of all equipment. Provide full height partitions and sound batt insulation at all mechanical room walls. Seal all wall penetrations, and provide continous seal at top, bottom, ends and all edges of mechanical room walls. 15861- AIR FILTERS All air handling units should have clean pleated filters, min 2" thick, 25 % to 35 % efficient per ASHRAE 52. Install filter grilles at all returns. GC-CA-J-24 1082/14/2003 1:24 PM ' 15970- I-IVAC cONTROLS 16E + A. "EMS" Control systems All buildings over 7500 square feet will include a Building Automation System. The system.will be Johnson Control's Metasys System. Included within the package will be all items currently being utilized by the Facilities Management Department including but not limited to remote monitoring at the main office. ° Temperature sensors and controls to be located in each private office, zone and/or open area as specified by engineer. Zone and room temperatures to be controlled only by Facility Management Department, not by room occupant. Temperature, CO2 and humidity sensors shall be located in space which is being controlled. The sensors shall be mounted on wall 5 feet above the floor. Individual DDC controller for each major piece of mechanical equipment to insure operation in case of failure to our "EMS" system. As part of the project, the system will dial into the work station at the Facilities Management Headquarters. All equipment will be included in the project. B. "EMS" Network Design System shall be designed to a fault tolerant distributed system with intelligence at each major piece of mechanical equipment. Communication to all DDC controllers shall be by Network Control Unit (NCU) in building. Communication from NCU to Operator Workstation in Building W via Fiber optic Cabling, if building is on campus, or via modem if building is off campus. System shall allow automatic beeper notification of critical alarms as defined by FM department prior to software generation by utilizing the existing automatic dialer if the building is on campus or a new automatic dialer if building is off campus. GC-CA-J-25 1092/14/2003 1:24 PM 15990-TESTING, ADJUSTING, AND BALANCING 16£ All air handlers shall be properly balanced at designed static pressure of the unit manufacturer. Each zone should be properly balanced, each diffuser should have proper amount of CFM making up the total for each individual VAV box. The total CFM of all VAV boxes should equal the CFM output of their air handler to be properly balanced. This must be achieved for acceptance of the air testing and balancing report. Provide written qualifications of all personnel used to perform any testing, adjusting, or balancing on site. Provide written certification to the County that work was done on site. Install clean filters at AHU and at all R/A grilles prior to testing and balancing. 15991-FINAL CLEANING AND ACCEPTANCE Special care should be taken during construction as to not let any foreign particles into the occupied area air stream. The Contractor shall clean all AHU coils and replace all filters prior to final acceptance. The Owner, Engineer, and Contractor shall meet on-site and review the As-built Plans, Test and Balance Report', the Manufacturers Operation manuals, and the Maintenance manuals and instructions prior to acceptance. DIVISION 16-ELECTRICAL 16000- GENERAL Standards; Requiremems of Division 1, the National Electric Code, NFPA, NEMA, and UL apply to work of this section. 16001- AS-BUILT DRAWINGS The Contractor shall provide accurate and updated as-built drawings detailing all electrical installations, to include outlets, shown as they are actually installed. GC-CA-J-26 1102/14/2003 1:24 PM 16002-RENOVATION AND RETROFIT WORK A. 16E4 For all renovation, retrofit, and building addition projects, the Design Professional and/or Contractor must consult with County maintenance personnel for tie-in tO existing equipment. 16003-SPECIAL EQUIPMENT ROOM REQUIREMENTS All mechanical rooms shall be fitted with at least one (1) 20 amp electrical outlet 115 volt single phase. Bo All mechanical rooms shall be fitted with sufficient lighting to properly illuminate all areas of the room taking into account light obstruction due to equipment, provide approximately 100 Foot Candles of illumination. 16075- IDENTIHCATION Provide neatly typed panel schedules identifying all circuits in all new and renovated work. Bo All panels and switchgear shall be identified with engraved plastic signs indicating same designation shown on the as-built plans. 16120-CONDUCTORS AND CABLES A. Only T.H.H.N. or equivalent copper wire shall be used in any electrical wiring. Engineer shall design wiring with respect to the harmonic loads of the building. Neutrals shall be installed using one of two approved methods: 1. Install separate neutrals with circuits. 2. Install oversized neutrals. Raceways and Raceway Fittings shall be thin wall EMT type steel conduits for indoor use, intermediate metal IMC steel type for exposed outdoor use. All raceways shall be complete with fittings specifically designed for use with the associated raceways. Flexible metallic and PVC are acceptable. Junction, Outlet, and Pull Boxes Shall be constructed of code gauge sheet steel, galvanized or sheradized or otherwise rust proofed, and sized in accordance with the NEC per number of devices and wires within the boxes or the number and sizes of conduits entering the boxes. Outlet boxes shall have suitable cover plates or devices mounting plates as required for its associated device and/or accessory. Junction and pull boxes shall have blank steel covers bolted to the boxes. GC-CA-J-27 1112/14/2003 1:24 PM F. Sleeves for pipe and conduit penetrations through concrete or masonry walls shall be minimum No. 22 gauge sheet steel. 16E4 Ao Provide cable trays above corridors where required by Owners building design program. 16140- DEVICES A. All receptacles shall twenty (20) amp combination devices. B. The color of all switches, cover plates, fixtures, devices, exit lights, emergency lights, etc. shall be White. Trim shall be white color, aluminum, brushed aluminum, or chrome. 16452- GROUNDING Pull ground wire with all circuits. Grounds shall be cadwelded to steel frame structures. Ground rods shall be a minimum of twenty (20)_feet long Step down transformers for lighting and receptacle loads shall have grounded electrodes to each transformer. 16476-DISCONNECT SWITCHES AND CIRCUIT BREAKERS A. All circuit breakers shall be either Square D or ITE type breakers. B. Wafer style breakers shall not be used in new construction. 16478-TRANSIENT VOLTAGE SUPPRESSION A. Provide appropriate surge suppression devices for all buildings. 16511- INTERIOR LIGHTING Ao Fixtures types shall be limited to listed standard fixtures to facilitate maintenance. 1. Basic interior lighting fixtures shall be 2' x 4' fluorescent lighting fixtures. 1122/14/2003 1: 24 PM GC-CA-J-28 fluorescent lamps with safety fuse. 3.Recessed lamps shall use only standard PL 5, 7, 9, Or 13 lamps. Do not use quad or non-standard lamps. 4. Special fixtures must be approved by the County prior to completion of design. 16513- EXIT SIGNS A. Exit signs shall use fluorescent lamps and shall not contain any radioactive materials. B. Exit signs shall have brushed aluminum faces. Stencils shall be green. 16740- TELEPHONE SYSTEMS A.Refer to the Collier County Government Telecommunications Standards Manual. B. Conceal all cables in walls, partitions, and ceiling spaces wherever possible. Run lines in conduit from telephone board to telephone company connection. Do not install unprotected lines or equipment on exterior walls of the building. 16780- TV SYSTEMS A. Prewire for standard cable TV service to all Conference Rooms. Provide additional jacks in Lobby and Office areas only where identified in the Owners building design program. Refer to the Collier County Government Telecommunications Standards Manual. 16900- FIBER OPTIC LINES A. All fiber optic lines must be traceable. Acceptable tracing techniques are as follows: 1. Install pull wires with each line. 2. Encase lines in a steel jacket. END OF VERTICAL STANDARDS GC-CA-J-29 1132/14/2003 1:24 PM EXHIBIT K PERMITS GC-CA-K-1 1142/14/2003 1:24 PM EXHIBIT L STANDARD DETAILS 16E4 ?~ GC-CA-L-1 1152/14/2003 1:24 PM EXHIBIT M PLANS AND SPECIFICATIONS 16E4"' .i GC-CA-M-1 1162/14/2003 1:24 PM COLT,TER COUNTY GOVERNMENT PUR CHASING DEPARTMENT 8301 E. TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 NAPLES, FL 34112 239/774-8965 FAX 239/7324)844 April28,2003 Surety ConsWuction Company Mr. Terry L. Kelly, President 28441 Tamiami Trail South Suite 109 Bonita Springs, FL. 34134 RE: Contract #03-3487 - "Supervisor of Elections Building (C2) Renovations" www.co.colli~r, fl ... APR 3 0 Dear Mr. Kelly: The Board of County Commissioners approved the above-referenced conWact on Tuesday, April 22, 2003. Enclosed are one complete contract and four additional copies of the signature page (Page GC-CA-8). As an officer of the corporation, please sign all five copies where indicated, and have it properly witnessed and the corporate seal affixed .... In order for the Contract to be executed by the County, it will be necessary that you furnish the required Performance & Payment bond in the amount of 100% of the contract price, using the form prescribed in Exhibit A, pages GC-CA-A-1 through GC-CA-A-6, along with a current Certificate of Insurance as set forth in Exhibit B, pages GC-CA-B-1 through GC-CA-B-5. Contracts returned to us for execution without the requested documents cannot be processed. Please return_all enclosed documents to the Purchasing Department as soon as possible. A copy of the fully executed contract will be returned to you immediately alter the Chairperson of the Board of County Commissioners has signed it. Please be advised that the work covered by this contract may not begin until the contract is returned to you. Ii'there are any questions, please do not hesitate to contact me at 239-774-8965. Very truly yours, Jim Albury (.ff. Purchasing Agent cc: Robert Fuentes, Facilities Management Lease #764 TO LEASE AGREEMENT entered into this oq,2- day of ~ , 2003 at THIS FIRST AMENDMENT Naples, Collier County, Florida by and between Congressman Porter Goss whose mailing address is 3301 East Tamiami Trail, Administration Building, Naples, Florida 34112, hereinafter referred to as "LESSEE", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated February 8, 2000; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement in order to reflect the LESSEE'S r",,-~-, term; NOW THEREFORE, In consideration of the covenants and agreements provided within the said Lease Agreement dated February 8, 2000 and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended to January 2, 2005, and LESSEE shall have the option to extend the Lease, if LESSEE is reelected to the office held at the time of the renewal of this Lease, for an additional two (2) year term following the January 2, 2005 extension. LESSEE shall provide LESSOR with his intention to remain at the Demised Premises within fifteen (15),f,from his reelection. days Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. 2. Except as expressly provided herein, this Lease Agreement between Congressman Porter Goss and Collier County for utilization of the premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSEE: D;NTED: ~neS~i~n:tur~)[ (print na~) W~tness (Mg~e) (print name) CO N PORTER GOSS O0 >, The foregoing Lease Agreement was acknowledged~__before me this /a~.d-Z day of Goss, who is ~s.°~nally know~ t-~ me-~-~- who by CongressmanPorter ~ as identification. of N ryPubllc (Si~e N/~ '~on A. Forgione (Print name of Notary Publl~gC0mmissi0n £xpires 1~-14-04 NOTARY PUBLIC Serial Commission # My Commission Expires: / has produced AS TO THE LESSOR: DATED: //-'~~ ATTEST: DW, I,O~ EL' B'thQCK, Cler~,~ - '"~ ":[ j:Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF CO!i~ITY CO .M~gIISSIONERS, COLLIER C~TY, F~. ,,~ A · BY: TOM HENNING, Chairman 16E7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 16F2 MEMORANDUM Date: To: From: Re: April 24, 2003 Jacqueline Robinson , Assistant County Attorney Office of the County Attorney Marie Clos, Deputy Clerk Minutes & Records Department Hold Harmless and Idemnification Agreement by Montelena Developers, Inc. Enclosed please find one (1) original document as referenced above, Agenda Item #16F2, as approved by the Board of County Commissioners on April 22, 2003. Please forward to the appropriate parties for signatures and upon execution return a executed original to Minutes and Records. If you should have any questions, please contact me at 774-8411. Thank you. Marie Clos Enclosure Reta: CL~RK ?O ?HB BOARD IN?~RO~I¢! 47H ~LOOR 3183481 OR: 3290 PG: 2953 R~CORDBD in the OFFICIAL RRCORDS of COLLIRR COUN?¥, FL 05/14/2003 at 10:2?AN DNISH? B. BROCK, ~LBRK Hold Harmless and Indemnification Agreement by Montelena Developers, Inc. RBC ffBB 87.00 16F2 THIS H~ARMLESS AND INDEMNIFICATION AGREEMENT is executed this c:a9~ day of 1~-~-~-2003, by MONTELENA DEVELOPERS, INC. and The Montelena Condominium Association on behalf of and to the benefit of COLLIER COUNTY, a political subdivision of the State of Florida. WHEREAS, MONTELENA DEVELOPERS, INC., is the record title owner of certain lands legally described and graphically rendered in Exhibit "A" that contain a proposed electronic gate (said Exhibit demonstrating the location of the proposed electronic gate is attached hereto and incorporated herein by reference as Exhibit "A") upon which MONTELENA DEVELOPERS, INC., is desirous of constructing residential housing, (the Project); and WHEREAS, Collier County has released a Site Development Plan Number SDP 2002- AR-3256 for MONTELENA DEVELOPERS, INC. with certain stipulations; and WHEREAS, The proposed Project is expected to consist of 33 multi-family residential condominium units, build out is expected to occur in spring 2004 and the Project is located on Vineyards Boulevard across from Napa Boulevard. Previously, the site was utilized as the administrative and sales offices for Vineyards Development Corporation. WHEREAS, The proposed site plan includes an interior loop road that provides access to the six residential buildings and a recreation facility consisting of a pool and a bathhouse. The loop road connects to Vineyards Boulevard utilizing the existing driveway that formerly served the administration and sales facility. WHEREAS, MONTELENA DEVELOPERS, INC. is to widen the existing driveway, that formerly served the administration and sales facility of the Vineyards Development Corporation, to accommodate a median and is adding an electronic gate to provide security for the residents of the new aforementioned multi-family residential condominium units; and WHEREAS, Vineyards Boulevard is a four-lane divided public roadway with a speed limit of 35 mile per hour (mph); and WHEREAS, the County shall not be involved in the construction of the electronic gate, the widening of the driveway nor shall Collier County be responsible for any claims of any kind resulting from the construction of the electronic gate or the widening of the driveway; and WHEREAS, MONTELENA DEVELOPERS, INC. has agreed to comply with the stipulations upon which the Site Development Plan was approved and has provided a certified report from a licensed engineer asserting that the gated entryway does not create a public safety hazard to the public nor a queuing problem, a copy of this report is attached hereto as Exhibit "B" to this Agreement); and OR: 3290 PG: 2954 16F2 WHEREAS, the County, through the process of MONTELENA DEVELOPERS, INC.'s agreement herein, intends to ensure that it is adequately protected, indemnified and held harmless from the use of said gated entry by MONTELENA DEVELOPERS, INC. and its successors in interest; and WHEREAS, pursuant to this agreement by MONTELENA DEVELOPERS, INC. and its successors in interest to hold harmless and indemnify Collier County as set forth herein, MONTELENA DEVELOPERS, INC. shall be permitted to proceed to construction of the gated entry at the location as set forth on the aforementioned Site Development Plan. NOW THEREFORE, MONTELENA DEVELOPERS, INC. agrees to all the provisions herein as follows: WITNESSETH: All of the preceding clauses are incorporated herein and expressly made a part of this Agreement. MONTELENA DEVELOPERS, INC agrees to release from liability and to hold harmless Collier County, its employees and agents against any and all claims brought by or on behalf of any person, or legal entity which may arise from MONTELENA DEVELOPERS, INC.'s use of any property, premises, related to and from the construction of the above-referenced entryway and any other facility built on the property described in Exhibit "A". MONTELENA DEVELOPERS, INC. will further indemnify and hold harmless the County from any act or claim of negligence of MONTELENA DEVELOPERS, INC., its agents, participants, contractors or employees, or others from all costs, attorney's fees, expenses, and liabilities incurred as a result of any claim or proceeding brought thereon, resulting from or concerning the construction of the above-referenced entryway and any other facility built on the property described in Exhibit "A", all to the extent of the County' s liability under general law. MONTELENA DEVELOPERS, INC. shall hold and save Collier County harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any gated entryway or other structure authorized by the Site Development Plan. o MONTELENA DEVELOPERS, INC. shall be responsible for compliance with all permit requirements of Collier County and Collier County shall have no financial responsibility for any permit requirements pertaining to the construction of the above- referenced entryway nor any other facility built on the property described in Exhibit 2 11. 12. OR: 3290 PG: 2955 16F2 MONTE!.ENA DEVELOPERS, INC. acknowledges and agrees that it has full power and authority to cause the construction or installation of the above-referenced entryway. MONTELENA DEVELOPERS, INC. and The Montelena Condominium Association agree that The Montelena Condominium Association will insure that as the successor in interest of MONTELENA DEVELOPERS, INC., it shall assume the liability set forth herein to the satisfaction of Collier County or MONTELENA DEVELOPERS INC., shall remain liable whether retaining an ownership interest or not. The duration of this Agreement shall be for the period from the execution of this Agreement until the gated entry is removed. This Agreement shall be recorded in the Official Records of Collier County, Florida. MONTELENA DEVELOPERS, INC. shall inform the Office of the County Manager in writing, with a copy to the Transportation Administrator, of any claims, demands and threatened litigation regarding the entryway that may involve the County within forty-eight (48) hours of its knowledge of such claim, demands and/or threatened litigation. If so requested by the County, all disputes under this Agreement shall utilize the County's then existing Alternative Dispute Resolution Procedure. This Agreement shall not be assignable by MONTELENA DEVELOPERS, INC. to any successor in title of the Property or any other entity, except The Montelena Condominium Association, without the prior written consent of the County. Such consent by the County shall not be unreasonably withheld. In the event MONTELENA DEVELOPERS, INC. sells, transfers or conveys the Property, all obligations, liabilities, responsibilities, duties and indemnities under this Agreement as to MONTELENA DEVELOPERS, INC. shall remain the responsibility of MONTELENA DEVELOPERS, INC., until the County accepts in writing an assignment to the successor in title. Upon County approval of any assignment, the assignee shall be responsible for assurances and indemnifications hereunder. IN WITNESS WHEREOF, MONTELENA DEVELOPERS, INC. and The Montelena Condorni. nium Association caused this Agreement to be duly executed as of the date and year wri/,tef~~ above. Attest: DWIGHT E... BROCK, Clerk DePut,Y' Clerk ~t~$'~ as to Cha'h"~an' BOARD OF COUNTY COMMISSIONERS TOM~HENNIi{G, Chairman~ MONTELENA DEVELOPERS, INC. Witnesses:_~~_ ~t~re~v~) c ~-~ O~j (¢[ ,5' Signature Print 0R' 3290 PG: 2956 16F.2 MONTELENA DEVELOPERS, INC., a Florida Corporation Print Name: Title: ' ~)t'qg _.<, S e re-/- (CORPORATE SEAL) MONTELENA CONDOMINIUM ASSOCIATION Sigg~tu_re Print MONTELENA CONDOMINIUM ASSOCIATION, a Florida Corporation By: ~,; 0.'~. Print Narde: Title: (CORPORATE SEAL) Approved as to form and legal sufficiency: ~a~que~lihe Hubbard Robinson }~sistant County Attorney 4 · . HP LRSER,.1ET 32 m IIP'2 RPR 15 2003 IO:30RN R658 650' .$, 6104 'YPE CU: 'it Ii il. .11 KEY PAD ~LOCATION / / / / ! / StOP BAR STOP SIGN 15 .E. MONTELENA ACCESS MANAGEMENT ANALYSIS PREPARED FOR: Vineyards Development Corporation 75 Vineyards Blvd., #500 Naples, Florida 341~ .~. ~.~... 6F2 February 26, 2003 Prepared by Gavin Jones, P.E., AICP WiisdnMiiler New Directions In Planning, Design & Engineering 119121 Vw: 01!- G JONES N0217-02~ I'~AS- 2~23 OR: 3290 PG: 2959 Table of Contents 16F2 · Project Location & Description ........................... 1 · Trip Generation .................................................... 1 · Queuing Analysis ................................................. 3 · Intersection Analysis ........................................... 4 · Safety Analysis ..................................................... 5 · Conclusions .......................................................... 6 · Appendix A ........................................................... 7 · Appendix B ........................................................... 9 · Appendix C .......................................................... 10 119121 Ver~ 01!- G JONES APR OR: 3290 PG: 2960 This report addresses concerns surround)ng the entrance to Monte)ena, a duster of townhouses whose access wi~) be a driveway connecting to Vineyards Boulevard direct)¥ across from Napa Boulevard. Project Location & Description Site Location - The subject property is an approximately 5.1 acre parcel located in Section 8, Township 49 South, Range 26 East. It is bordered on the south by Vineyards Blvd., on the east by Chardonnay, on the west by Tuscany and on the north by the fifteenth fairway of the Vineyards South Course. A site location map is shown in Figure 1. Project Description - The site is proposed for multi-family residential use. For the purpose of the trip generation analysis the Institute of Transportation Engineers (ITE) land use category 230 (Residential CondominiumFrownhouse) was used. The sole access point proposed is a gated driveway from Vineyards Boulevard, immediately across from Napa Boulevard. In the entering direction, the driveway will be wide enough to accommodate two vehicles, with guests on the left and residents on the right, with separate gate arms for each lane. Guest vehicles will communicate with and get gate activation from residents using an intercom system. Residents will be able to tdgger their gate with a remote control device, as is done in other gated enclaves around Vineyards Boulevard. In the exiting direction, the driveway will be wide enough for one vehicle, with entry into the intersection controlled by a stop sign. The proposed driveway depth from the edge of the Vineyards Blvd. curb lane to the gate is forty five feet. Trip Generation The ITE Trip Generation Report, 6th Ed. was used to estimate the number of tdps for 33 townhouses. For that use, the total two-way trips in the PM peak hour is 17 entering, 8 exitii~g. The complete trip generation report is contained in Appendix ^. No217.020.004- TTAS.. 25~25 OR: 3290 PG: 2961 OR: 3290 PG: 2962 16F2 Queuing Analysis WiisonMiller estimated the likelihood that arriving vehicles to the project could back up into the roadway. The throat distance to the gate could just accommodate two passenger vehicles, or one larger vehicle. To be conservative, the chosen critical likelihood was whether aqueue longer than one vehicle could occur. Residents will operate their gate with a remote control device. These gates open up and down, and operate very quickly. Vehicles were observed entering other similarly equipped entrances with no need to stop (or barely slow down) because the gate opened so rapidly. The conservative assumption used here is that this type of gate can serve five vehicles per minute. The number of vehicles arriving in any give .n time period is a random number, assumed to be Poisson distributed. This is a familiar distribution for traffic engineers, and useful for situations where the average arrival rate is kF~ewn-aRd4heprobability of the'number of arrivals in a short time span is of interest. The average arrival rate used here is 17 vehicles per hour, derived using the ITE equation published in the Trip Generation Report 6'h Ed. The analysis pedod used is one minute. The average number of arrivals in one minute is 0.28. For any Poisson distribution with average arrivals in the analysis interval = I J, the probability that the number of arrivals in the interval will equal exactly x is calculated as: p Xe' In Table I these probabilities are calculated for individual arrival possibilities (Note that while the table calls the queue length x because it is the measure of most interest, the x in the formula above is the number of arrivals). It is not surprising that with such a miniscule arrival rate, the most likely number of arrivals in any given minute is zero (75 percent likelihood). The most likely non-zero number of arrivals in any given minute is one (21 percent of the time). For each arrival possibility, the expected queue length 'At the end of the period is the number of ardvals minus the queue service rate. If five (the assumed queue service rate) or fewer vehicles arrive in any given minute, the gate operation Will be adequate to prevent a queue developing, and thus the table shows a queue of zero for any of those arrival possibilities. If six vehicles arrive in one minute, the queue at the end of the interval would be one vehicle" (since five were served). The probability that the queue will be greater than one is the same as the probability that the number of arrivals will be greater than six, which equals 100 percent minus the probability that the number of arrivals will be less than or equal to six. The cumulative probability that the number of arrivals will be less than or equal to six is virtually 100 percent. Thus the likelihood that a queue of greater than,one vehicle will form in any given minute is effectively zero. 119121 Vl~ 01'- NO217-O2~.OO~ TTAS- 25623 APR 2 ;; · ' ~.~,~J 4 OR: 3290 PG: 2963 16 " Percentage Probability that Percentage Percentage Queue Length will Probability that x= Queue Length at Probability I~at be leasthen or Queue Length will Number of arrivals the end of the Queue Length equal to x at the exceed x at the in the interval intewai , . .~ equalsx ..... ~ end ofthe interval i.end ofthe interval 0 0 75.33 75.33 24.67 I 0 ~' 21.34 96.67 3.33 2 0 3.02 99.69 0.31 3 0 0.29 99.98 0.02 4 0 0.02 100.00 0.00 5 ~,~ 0.00 100.00 0.00 6 0.00 100.00 . ~ Intersection Analysis WilsonMiller analyzed the performance of the intersection at the project entrance. Turning movement counts were collected from 4 pm to 6 pm on Thursday, February 20, 2003 (see Appendix B). According to Collier County's annual traffic count report, traffic volumes on Vineyards Blvd. had been relatively stable in the last few years (a 2.3 percent drop from 2001 to 2002). For this reason, no inflation in the counted volumes were made to represent background traffic after project completion. Vineyards Blvd. is a four lane divided roadway with a full median opening at Napa Blvd. Outside lanes are shared through/right. For vehicles turning left from Vineyards Blvd., the median opening provides a refuge while the vehicle waits for gaps in oncoming traffic. For vehicles turning left from either Napa Blvd. or the project entrance, the median opening provides storage and allows vehicles to wait for gaps in two stages. Napa Blvd. has two lanes at the stop bar. The exit lane from Montelena will be wide enough for only one vehicle, effectively a shared left/through/right condition. The lane configuration and the turning movement volumes used in the intersection analysis.are shown in Figure 2. Eastbound lefts, westbound rights and northbound through volumes sum to the ITE PM peak hour entedng volume total (17 vehicles). The southbound movements sum to the ITE PM peak hour exiting volume total (8 vehicles). Entering and exiting project traffic was assumed to be split roughly equally between the three possible ingress/egress directions. The intersection was analyzed in both unsignalized and signalized conditions with Synchro software. In ei'ther condition, overall level of service was LOS A, with average delay less than ten seconds per vehicle. Synchro reports are contained in Appendix C' APR 2~2~03-1191~1 V~:01!-G.I(~IES ~ ~ ~ N0217-0'2~0G4- l't'AS* 25~23 OR: 3290 PG: 2 64 Figure 2 - PM Peak Hour Turning Movements with Project Traffic 16F2 Safety Analysis WilsonMiller reviewed crash reports for Vineyards Blvd. for the years 2000, 2001 and 2002. In those three years there were no crashes for which the geometry of a gated entrance could be considered a contributing factor. The existing gated enclaves along Vineyards Boulevard range in size from over twice as many to over five times as many dwelling units as the proposed use at Montelena. Queue backups into the .travel lanes.of Vineyards Blvd. (whose likelihood at Montelena was shown to be effectively zero) would be more likely at larger encl~aves, none of which experienced crashes for which entry geometry/gate operation could be considered a contributing cause. There were crashes at the intersection of Napa Blvd. and Vineyards Blvd. in all three years, predominantly involving failure to yield the dght of way. The Montelena site was formerly use. d as the temporary location of Vineyards Development staff, of which there were over one hundred arriving each day. Montelena will thus be contributing fewer vehicles to the'total entedng traffic volume of the intersection. 119121 Vet: 01f-GJONE~- NO217-4~O.43~ TT~.~- 2,5~ : ..... ~ Ilia,' j , APR 2 Z 20[B -~L-222_ ' ' ~ ..... L;.-~.... OR: 3290 PG: 2965 Conclusions 1 6 F 2 There is virtually zero likelihood of a queue greater than onevehicle forming at the entry gate to Montelena. Other gated enclaves along Vineyards Blvd. range in size from over twice as many to over times as many dwelling units as Montelena, and none of them experienced any crashes in a three year period for which entry geometry/gate operation could be considered acontribufing factor. Montelena will be contributing less entering traffic at the intersection of Vineyards Blvd.. and Napa Blvd. than the immediate prior use for the site. The peak season peak hour traffic entering the intersection of Vineyards Blvd. and Napa Blvd. following completion and full occupancy of Montelena is predicted to enjoy Level of Service A operation, with average delay per vehicle less than ten seconds, in either an un-signalized or signalized configuration. APR 2 ~ 2;;3 OR: 3290 PG: 2966 APPENDIX A- Microtrans Trip Generation Report Montelena Summary of Trip Generation Calculation For 33 Dwelling Units of Residential Condominium / Townhouse 16F2 Avg. Weekday 2-Way Volume 7.69 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak'Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume 0.00 1.00 254 0.11 0.00 1.00 4 0.54 0.00 1.00 18 0.65 0.00 1.00 21 0.50 0.00 1.00 17 0.25 0.00 1.00 8 0'.74 .. 0.00 1.00 24 16.58 0.00 1.00 547 Saturday Peak Hour Enter 0.85 Saturday Peak Hour Exit 0.73 Saturday Peak Hour Total 1.58 0.00 1.00 28 0.00 1.00 24 0.00 1.00 52 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. Pk Hr. Total: Sun. 2-Way Volume: Sun. Pk Hr. Total: LN(T) = .85LN(X) + 2.564, R^2 = LN(T) = .79LN(X) + .298 R^2 = 0.74 0.17 Enter, 0.83 LN(T) = .827LN(X) + .309 R^2 = 0.79 0.67 Enter, LN(T) = .808LN(X) + .209 R^2 = 0.78 0.18 Enter, LN(T) = .777LN(X) + .59 R^2 = 0.8 0.65 Enter, 0.35 T = 3.615(X) + 427.925, R^2 = T = .286(X) + 42.627 T = 3.132(X) + 357.258, R^2 = T = .232(X) + 50.009 R^2 = 0.78 , 0.49 Enter, 0.51 Exit 0.83 Exit 0.33 Exit 0.82. Exit Exit 0.84 0.88 Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS N0217.o20..0o4- TTA$~ 2E~23 OR: 3290 PG: 2967 APPENDIX A - Microtrans Trip Generation Report Vineyards Development Corporation Temporary Office Location Summary of Trip Generation Calculation For 100 Employees. of General. Office Building 16F2 Avg. Weekday 2-Way Volume 4.54 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume 0.00 1.00 454 0.57 0.00 1.00 57 0.08 0.00 1.00 8 0.64 0.00 1.00 64 0.16 0.00 1.00 16 0.80 0.00 1.00 80 '0.96 0.00 1.00 96 0.73 0.00 1.00 73 Saturday Peak Hour Enter 0.05 Saturday Peak Hour Exit 0.04 Saturday Peak Hour Total 0.09 0.00 1.00 5 0.00 1.00 4 0.00 1.00 9 Note: A zero indicates no data available. The above rates were calculated from these equations: 24oHr. 2-Way Volume: 7-9 AM Peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen Pk Hr. Total: PM Gen Pk Hr. Total: Sat. 2-Way Volume: Sat. PK Hr. Total: Sun. 2-Way Volume: Sun. Pk Hr. Total: .844LN(X) + LN(T) = LN(T) = .86LN(X) + .206 R^2 : 0.89 , 0.88 Enter, T = .36q(x) + 59.419 R^2 = 0.84 0.17 Enter, LN(T) = .86LN(X) + .206 R^2 = 0.89 , 0.88 Enter, T = .369(X) + 59.419 R^2 = 0.84 , 0.17 Enter, T = .457(X) + 27.2, R^2 = LN(T) = .986LN(X) + -2.366 O, R^2 = 0 LN(T) = .715LN(X) + -1.793 R^2 = 0.55 , 0.58 Enter, 2.231, R^2 = 0.88 0.12 Exit 0.83. Exit 0.12 Exit 0.83 Exit 0.58 0.42 Exit Source: Institute of Transportation Engineers. Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 2Y25~ 1191~I V~mr 01!- G JONES NC~lT..Q~.~G4- ~1'~S- ~3 APR Z .. k.,l OR: 3290 PG: 2968 APPENDIX B February 20, 2003 Turning Movement Counts 9 Napa Blvd. at Vineyards Blvd. Tum Counts Thursday, February 20, 2003 Interval Eastbound Westbound Northbound Southbound 15 min. 60 min. Start L T R L T R L T R L T R Total Total 4:00 0 39 51 18 44 0 74 2 8 0 0 0 236 4:30 0 38 54 23 41 0 84 0~ '~16 i ' 1 '. 0 -258:: 4:45 1 44 34 19 44 0 90 0. 11 0 0' "~ 0 243 970 5:00 0 21 44 12 49 0 108 0' 18 0 0 0 252 986 5:15 0 30 59 21 28 0 80 0 14 0 0 0 232 985 5:30 0 37 52. 17 44 0 70 0 14 0 0 0 234 961 5:45 0 22 37 13 37 0 65 0 12 0 0 0 186 904 Peak Hour] 3 138 182 68 i 1-~1~- .... -0- .... ~6i'- 0 63 1 1 1 986 ! APPENDIX C OR: 3290 PG: 2969 Intersection Analysis 3: Vineyards Blvd. & Montelena :2J26/2003 X:%ENG~,N021 D, synchro~,Napa at Vineyards unsi=analized PM Peak. sy6 Lane luratior~ Confi~t Grade ' 0'~ Peak Hour Factor o.g2 0.92 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.~ 0.92 0.~ 0.92 · /alking Speed (:~.s) ..................... .~ ........ ...~.~ ........ ..~-... ** .-~.~..~? .... Right turn flare (~eh) ....... ~ ........ ~ ................ ~=~- Median ~orage veh) ..... ~, oO'nfli~ng Volume ~e9 ...... . ~':~ '3~-:: .... .": 5~:7:'597 ": 174 .............................. 2~- '2~0 ........... ~3~-- 334 ' vc1. ~age I confvol 0 0 v~. ~age 2 con, vol .. .0 ..... -'_ tc. single (s) 4.1 4.1 7.5 ~.5 8.g 7.5 2 2 2 2 3 5 4.0 3.3 3.5 4 0 3 3 tF(s) . · ~ . . '-~ .................... ' .......................... ~ pO qb~'e'f~'~:';' '*' T*~O?:'* *"* '" *::?':~:'~4~'r' '** ";:.:~,'::~,'"34 .: :? ggS:::;~'g2*';e: 100::'~; ~A ~ 100 cM capaci~ (vehlh) 1371 1291 594 538 839 5~ ~5 Volume Total 80 273 165 g8 3gg 08 g ............. me Ri ht 0 108 0 7 0 08~ 3 Vol~ . aci 0 00 0 Volume to Ca ................ ~ .... -~~;: .... ?:~-*-~ .~ ~ · .,. ,:; .... · ContrOl Dela~ ~s) 0.5 0,0 Approach Dela~ (s) 0.1 2.4 20.7 A~e~ag -- ICU Level of Sen~ioe A Intersection Capacib/Utilization ~.8% ~ .: ................ --, 2/25Z2~03-119t21 Vl~: 01,- G JONES NO217,-0~ 'T-TA~- 25~2.3 OR: 3290 PG: 2970 APPENDIX C Intersection Analysis 16F2 3: Vineyards Blvd. & Montelena :2/2552003 Q:~,ENG~I021 7R ,synchroXNapa at Vineyards si.analized PM Peak.sv6 Lane C onfig~_,ation~ +$~ ~'~ J* m . To~l Lo~ Tim~s~ 4.0 4.0 4.0 4.0 4.0 4.0 4~ 49~0 4.0 Trailing Dete~or (ffi 0 0 ....... ~ ,~:~ ~ ....... ,, -...:,;~ .~ 4~'~- g ..- g Lane Util. Fador 1.~ 0.05 0.05 1.00 0.05 0.05 1.~ t.~ 1.~ 1~ F It P ~o te ~e d 0.950 0.950 0.9~ 0.988 Fit Permiffad 0.632 0.537 0.7~ Right Turn on Red Yes Yes Yes Yes HeadWay-FaVor ~.00 1.00 1 O0 1.00 1.00 1.00 1.00 1.~ 1.00 1.00 t.00 1.00 U~ SPe~ (mph~:':.'~.::'~:..:::-..'-30 '~: .... :...,.' ~: 30. ~. :.~~;~C,~.=.~: :~ - ~-~ Link Di~ance (fl) 354 35~ ~8 17~ Trial Time (s)_:.~ ..... ~:~2::._ 8.0./~:,:~.:::.~_ 8.1..." "':~.;:~4.[~:~.::::,.~ :;.~.~,:- :-~ ............ 6 3~1 & ~3 2 3 3 Volume (vph) 5 138 182 ~8 ~a~ Hou~ Fa~'~'~:::~0::~:..0:92~:~:g2:- 0.92:::. '0.~2 '0:~2-~'0.g2:-: '~2~:~.g2 '-'0.g2 Adj. Flow (vph) ~ 150 198 74 183 7 392 7 ~8 2 3 3 ............................ Perm Tmn Type Perm Per~ ~ ~ , ~pt --.~ ...... ~ Permiffed Phases 4 8 2 Minimum Initial (s) ~0 0 qO 0 10.0 ~0 0 7.0 qO.O qO.O JO.O Total Split (s) 220 220~ 22~ 22.0 ~0.~I.0 ~.~.0~22.0~ 22.0 0.0 Maximum Green(s) 100 100 1~0 10.0 ~ 27.0 16.0 II-Red Time s 2.0 2.0 2.0 2.0 0.5 2.0 2.0 2.0 ~3~ (~ --~ ~.,--~:~ ~,. . ~,~ ...... ?~ .... ~ ~:~:::;7*-''~ .... im~e~ Yes Yes Yes Lead-Lag Opt . . ........ ~ ........ .. Recall Mode None None None None None Max M~ M~ 1 t.0 11.0 11.0 F I~ ~t ~iE (s) 11.0 11.0 11.0 1 ~ .0 A~ Eff~ G~ee~ 12.9 12.0 12.g 12.9 ~.0 ~.0 ~c Ratio 0.~ 0.35 0.29 0.21 0.~ 0.~ 0.01 Delay 13 ~ ~.8 15.3 14.0 ~.3 2~ g.6 ~p,oa~ Oe~ ~O ~.4 5,0 . o.0 ~Oth ~ile ~aa~ (J) 13.7 13.7 13.7 13.7 7.0 27.0 ' 1~.0 2J2srz(~3- t19121 Var 01!-G JONES N(~IT-Q20.~0&. TTA$- 25623 *** OR: 3290 PG: 2971 APPENDIX C Intersection Analysis 1! 16F2 2/25/2003 3: Vineyards Blvd. & Montelena ' Q:\ENGXN021D. synchroXNa a atVineyards sianalized PM Peak. sv6 10.0 10.0 n s 10 0 10.0 t0.0 ~_ .... .~.. · ~ -~ ~ Area Type: Other .......... ~.?.-..-, - :' ' .-' ~"i' ';':;~TY'.?! C¥O~eLength: 55 ':~.,,~;~,~2~-~,~3~-~: .... ; ........... A~uated Cycle Length: ~.O .......... - ....~,'.~ .... * .... ,. Inte~e~ion Signal Delay: ~,1 ......................... Intonation Capad~ U~I~on'5~,~% ..... r:.','. ICU Level o! Se~ioe goth % il · A~u ate d Cycl ~:.52.7 --- :~-;?m~ ~ ~ ........ ~Oth %lie A~uated Cycle: ~ . . ............ - .... . ...... 10th %lie A~uated Cycle: ~ ~ 119121 Var: 01~- G JONES ~1 ?.O20-004- T'rAs- 2562G APR 2 2 2003 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 22, 2003 FOR BOARD ACTION: l. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for March 22, 2003 through March 28, 2003 Minutes: Community Character/Smart Growth Advisory Committee - Agenda and Minutes of February 19, 2003 and Agenda and Minutes of February 26, 2003. 2. Local Redevelopment Advisory Board - Agenda for March 26, 2003. o Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for April 3, 2003, Minutes of March 6, 2003. Isles of Capri Fire/Rescue Advisory Board Summary - Agenda and Minutes of March 6, 2003. 5. Productivity Committee - Minutes of February 19, 2003. H:DataJFormat Clerk of the Circuit Court 1611 Collier County, Florida Finance & Accounting Department [! 'i MEMORANDUM Date: From: Re: 03/28/03 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 22, 2003 through March 28, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. ~ ~~ oo~ ........ ~ ~ z~ g~°~o ~o~ ~ o ~ dd ~z .::~: oo~ ~ o~ ~ ~o~ ~ ~o~g § .... a: o oo o oo oo ..... o oo gg~ o og ~ goo oo o ...........oo o oo o o o ~ o oo o .... g~ :::~ ..... ~ ............... ~ooo~ .............. ~ ....... ~ ooooggoooo oo go oo oo g g oo goo gggoo~gooooooo oooo g .... ~ .....~ ~ ~ ............ ~ ®~ ~ ~ ~ g oooooooo~ ....... ~ ..... ~ ~ ~ ~ ~§gg~§§§§§goooo ....oo gg §§oo § oooo g§g §goooooo § v °o 1611 :i i ........ o~ :~:i~~ ~.~ ==~X~ ~~o~ 88; o~ ~ ~~ ~ ~ ...... § .....ooo o g g§°°oo oo oo g ggoo §§g oooo g ggggoooo oo oo ~;i: o o o o o o° ° §o o o oo o o g § § § .... ....ooo oo oo oo oo oo oooo oooooooo ............. §~ .... g g g ggg gg 310: Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: From: Re: 03/21/03 Board of County Commissioners Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 15, 2003 through March 21, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. °°o ~ ~ ~ ...... ~ ~ ~°°° ~ ~ ~ ~° o ~ ~oo ooooo ~ ;i~it °° °°°° °° °° °° °° °° oo§§ggoooo .... §§g§oo ......oo oo g§oooo ..... § §oo § g §§gg§oo i:~: 1611- ....... ou g~ ~ :::~: ~ .... ~: ~=~ °° ::~ ........ ~ o o g gggggggggoooo ......oo oo g§§ § .... §gg gg§gg ..........oooo oo oo goo § §§oooo §oo § oooo g oooooo oo § ...... goo g gg :~:i.: g g § § ............... § oo § § § o o §o o o o o o o o o § ~ §o oo ....~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~o o ~ ~o oo o ~ ~ ~ ~o o o o o o o ~ ~o o o o ~ ~o o ~ ~ ~ ~ .... o o o o oo §°°°§§§§o o o o o oooo o o §g§ §g oo§ .~ ° °g Sg o o oS §o oo o oSoo o o goooo § o o gooo ooo o oogO§o ooo oooo §go oo oo g§§o o oo §oo gog oooo oo o o 0 ::~ ......... ~ .............. ~o ~ ~ ...... ~ ....... ~ ~ ~ ..... ~oo~ ..... o .~ ~ ........ °° § § ° 8o o goo o § gOOoo §ggoooo .... Sggoo oooo Sgoo oo oo §oo §§ooS § g §§ ..... ~ °° ~ g~ ~oo ~ ~ ~oo ~ ~oo ~ oo ~ ~ ~ ~ ~ ~ ~o o ~ ~o ............. ~g o o § §go o oo o .... 8 §° ° °o o oo o o o 8 § §o o o o oo oo ............ §oo oo o 88o ..... 8o0oo oooo oo g§§o .....o oo §§°°oo §oooo oo § oooo oo oo ..... 8 ..........o o o o o o o o 8 .... § ...... § ..... 88 ............ ~& ..- :.:.~! ~ ~ ~ ~oo ::::::: 8~~oooo888 ~ ~ ~ ~ ~ ooo~ ~o oo ~ ......o o o o o o o ~ :. Fiala Halas Hennin Coyle Coletta MEMORANDUM TO: FROM: bATE: Kathleen Martinson, Administrative Aide to BCC /-~ , Sam Tucker, Executive Aide to BCC/~~// March 18*h, 2003 .~ECEIVED ~AR i ~ _7003 Board of' County Commissioners RE: Community Character/Smart Growth Advisory Committee Agenda and Minutes I am submitting the following Agenda and Minutes of the Community Character/Smart Growth Advisory Committee to be filed by your office. 1. Agenda and Minutes of Februam/19th, 2003. 2. Agenda and Minutes of Februam/26th, 2003. Thank You, Sam Tucker Executive Aide to BCC COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: MEETING TIME: LOCATION: February 19, 2003 3:00 pm Collier County Government Complex Supervisor of Elections Building 3301 E. Tamiami Trail Naples, FL 34112 II. III. IV. Roll Call Approval of Minutes a. January 15th, 2003 Draft for Discussion - LDC Language - Barb Cacchione New Business/Old Business Adjournment Community Character/Smart Growth Advisory Committee Minutes of February 19, 2003 II. III. IV. Meeting called to order at 3:15 pm by Vice Chair, Bill West. Members present: Susan McCampbell, Bob Murray, Mike Bauer, Bill West, Gary Davis, Dwight Richardson, Pat Pochopin, Ellin Goetz. Members Absent: Jim Lucas, Bruce Anderson, Gordon Watson, Mark Morton. Staff: Sam Tucker, Barb Cacchione, Commissioner Tom Henning. Other: None Approval of minutes: January 15, 2003, motion by Mike Bauer, seconded by Gary Davis, approved unanimously. Discussion of Gordon Watson's membership: motion by Pat Pochopin to have Sam Tucker contact Gordon requesting his resignation from the committee in writing, seconded by Dwight Richardson, approved unanimously. Bob Murray - update on Towne Centre new owners. Made suggestions of Dover Kohl report to them, they did not seem interested. New owners plan to update the exterior, bump up the rents, get new tenants. They are considering changing parking ratio and mentioned "threat of condemnation . Barb Cacchione handed in her letter of resignation. Draft for Discussion - Barb Cacchione. Discussion continued through Goal 3 (Great Streets) on page 6. VII. Adjourned at 5:00 pm. COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE AGENDA MEETING DATE: MEETING TIME: LOCATION: February 26, 2003 3:00 p.m. Collier County Government Complex Supervisor of Elections Training Room 3301 E. Tamiami Trail Naples, FL 34112 I. Roll Call II. III. IV. Approval of Minutes: a. February 19, 2003 Draft for Discussion - LDC Language, beginning at "Goal 3 (Great Streets) - Barb Cacchione Old Business/New Business V. Adjournment Community Character/Smart Growth Advisory Committee Minutes of February 26*h, 2003 II. III. VI. VII. VIII. Meeting called to order at 3:22 pm by Chairman Mark Morton. Members Present: Dwight Richardson, Jim Lucas, Bob Murray, Mark Morton, Pat Pochopin, Ellin Goetz, Gary Davis. Members absent: Gordon Watson, Bruce Anderson, Bill West, Mike Bauer, Susan McCampbell. Staff: Sam Tucker, John-David Moss, Winona Stone, Barb Cacchione Other: None Approval of Minutes: February 19th, 2003, motion by Jim Lucas, seconded by Pat Pochopin, approved unanimously. Introduction of John-David Moss, Senior Planner, Comprehensive Planning: update and briefing by Barb Cacchione. Approval of Draft for Discussion through Policy 2.3.7: motion by Dwight Richardson, seconded by Jim Lucas, approved unanimously. Bob Murray, was approached by Ramco-Gershenson (new owners of the Naples Towne Centre) regarding Smart Growth concepts. A reminder from Barb Cacchione that the CCSGAC was approved at October 2001 LDC workshop for its' own cycle of amendments. Discussion regarding Barb Cacchione contract extension: motion by Bob Murray, seconded by Dwight Richardson, approved unanimously. Directions to write up a Memo to Stan Litsinger asking to extend Barb's contract for paperwork only. Drafifor Discussion: begin at Goal 3 (Great Streets) IX. Meeting adjourned 4:51 pm. / Fiala .,/ ~,~UR TNFO Halas . Henning Coyle / Coletta Coflier County Government ' ' RECEIVED Communication and Customer Relations 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8999 March 20, 2003 hoard of County Commissioners PAGE 01/01 Contact; ~avah Helzel Communication and Relations 774-8373 FOR IMMEDIATE R. ELEASE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD REGULAR MEETING Wednesday, March 26, 9 a.m. Career & Service Center of Collier County - Immokalee 750 S. 5th Street Immokalee, FL 34142 Roll Call 2. Adoption of Agenda 3. Adoption of Minutes 4. Announcements Old Business a. Immokalee LDC Study-White Paper b. Streetlights Update c. Open forum on development projects in lmmokalee New Business a. Advisory Board Appointments b. March 19, 2003 CRA Board Meeting Update c. Redevelopment Proposal Questionnaire d. Main Street Program 8. Adjournment Citizen Comments Corres; To: Note: All meetings are publicly noticed in the W. Harmon Turner Building (Administration Building F), on the CRA website and at other locations as recommended by the advisory board. Please call Aaron Blair, Urban Design Planner, at 403-2300 if you.have any questions about the meeting. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Aaron Blair at least 48 hours prior to the meeting. Naples, FL 34104 April 3, 2003 AGENDA II. III. IV. CAI J, MEETING TO ORDER ATTENDANCE APPROVAL OF MINUTF~: March 6, 2003 TRANSPORTATION SERVICES RFSaORT: A. Budget Report OLD BUSINESS A. Follow up of March Meeting & Lighting Situation B. Sidewalks C. Wooden Posts D. Water at South end of Gulf Shore Dr. E. Proposed Turnaround/North end of Gulf Shore Dr. F. Water at comer of Vanderbilt Beach & Vanderbilt Drive - Regatta G. Bench Replacements NEW BUSINESS: A. Master Plan PUBLIC COMMENTS ADJOURNMENT The next meting is scheduled for Z:30 PM, May 1st, 2003 AT $T. ,TOHNS CATHOLIC CHURCH 6Z5 l:tl*" Ave. N~ples, FL Misc. Corres: Copies To: Advt~oey ~o~ttt~ 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 Minutes March 6, 2003 III. Vo Dick Lydon called the meeting to order at 2:30 pm. ATFENDANCE: Committee Members: Dick Lydon, Bud Martin, Charles Arthur, Carol Wright, BJ. Savard-Boyer-Excused Absence Collier County:. Bob Petersen-ATM, Val Prince-ATM Others: Robert Kindelan-CLM, Sue Chapin-Manpower Services APPROVAL OF MINUTES: February 6, 2003 It was noted "Beach & Bay" is singular & next meeting is March 6th, not April 3~. Bud Martin moved to accept the minutes of February 6, 2003 with the above changes noted. Seconded Carol Wright. Carried unanimously 4-0. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the Budget Report and covered the Expenses and Revenues. Discussion followed on improving the Budget format. The water bill was discussed and asked to have a possible leak on the South end of Vanderbilt Drive looked at. LANDSCAPE MAINTENANCE REPORT: Fertilizer done in February. Lirope has been installed. Turf Areas will be taken care of in May Normal imgation Maintenance Coconut trees need trimming for safety reasons. More work to be done on comers m May. Ixoras will be replaced in May. OI,D BUSINESS: A & B. Lighting Company & March Meeting - Letter for the March 19~ meeting was sent to approx. 4,000 residents. Bob Petersen noted Connie Deane will do whatever advertising the Committee wishes for the meeting. (Newspaper/Commtmications etc.) Dick will put together a press release. Dick also handed out a draft of the Agenda. Agenda changes and set-up for the Meeting was discussed: - Head table of 8 - Sign-In Table - Cormie Deane - Installation of light fixture done after Right-of-way permit is purchased. - Handout for MSTU appropriations/Possible slide presentation or large Poster - Bob Petersen - Public comments & questionnaires. Dick will talk with Bob Tifton and Ed Kant about the wooden posts & signs. Lighting on finger streets and Conner Park were discussed. Bob Petersen will contact Maria/Parks &Recreation for negotiating lighting in the park. Bob will ask Gerald Moms to attend the meeting on March 19~ to address any Traffic Calming questions. Underground Wiring will be added to the Agenda and the Priority List. C. Sidewalks - no action at this time. D. Wooden Posts - No action at this time. E. Water at Sunset Bay - South end of Gulf Shore Dr. - Not an MSTU problem - County should take care of. F. Proposed Turnaround/North end of Gulf Shore Dr. - Will check with Diane Flagg. G. Water at comer of Vanderbflt Beach & Vanderbflt Drive - Regatta - Robert from Commercial Land Maintenance will check on where the water is coming from. H. Bench Replacements - Discussion followed on bench costs. $1,000 will be the fee for a bench donation which includes all costs. NEW BUSINESS: A. Landscape Architect - There are several architect fu'ms that can give the Committee ideas for a professional plan for the entire area. The Committee will need to give ideas of the direction they want to take for the area first. A Master Plan will be considered. B. Replies from MSTU Letter- none Bob Petersen received an e-mail from the County Managers office concerning the gentleman that destroyed the two benches. The State Attorneys office is willing to drop the charges ff the gentleman is willing to cover all the expenses to replace them. Bob will get those charges and contact the proper authorities as soon as possible. VIII. PUBLIC COMMENTS - Larry Wegner (resident) indicated there are concerns about safety in the areas. They are asking why there are no curb & gutters on Gulf Shore Drive. They are concerned about the walkers and bicyclists. Bud Martin mentioned things are done in piece meal and they need to have a design on Gulf Shore Drive for curb and gutters, drainage, and swales etc. He said it is probably Transportation and not the MSTU that should be looking at these things. Dick Lydon stated when Gulf Shore Drive was redone several years ago they tried to get curbs to no avail. There are many residents that did not want curbing. Discussion followed on traffic calming problems. Dick Lydon suggested the two associations contact Commissioner Halas concerning these problems X. ADJOURNMENT - The meeting was adjourned at 3:40 PM. The next meeting is scheduled for 2:$0 PM, April Srd, 2005 AT ST. 3'OHNS CATHOLIC CHURCH 625 111TM Ave. Naples, FL ~Z m~ c] o~ 888 888 1611 t,~LU ~0000 ~0000 ~0000 0 000000 000000 000000 O0 0 ~0 ~ Z W ~ X ~ o~oz Fiala - '< -- Halas -- /J'// -- ISLES OF CAPRI FIRE / RESCUE Henning- ~'~', -- ADVISORY BOARD SUMMARY Coylecoietta --- /./ -- March 6, 2003 ATTENDING: James Lewis, Vice Chair Benjamin Pearson Jay Cavanaugh Chief Rodriguez ABSENT: Jeri Neuhaus Tara LeGrand The meeting was called to order by James Lewis, Vice-Chair. RECEIVED Boar~ of County Commissioners mo CHIEF'S REPORT OPERATIONS REPORT Presented by Chief Rodriguez. copy attached VOLUNTEER REPORT Presented by Chief Rodriguez. copy attached C. TRAINING REPORT Currently training both firefighters & volumeers for terrorism threats. 327 hours of training has been offered since January. D. BUDGET REPORT Budget instructions have not been received from the County's Office of Management & Budget Motion make to accept the Chief's Report, seconded, and passed by vote. U/sc. Corres: Date: ~ C0~ies To: 1611 OLD BUSINESS General discussion on the new dock. The work on the dock is waiting for the culvert to be installed. Construction on the high-rise continues. Training will focus on high angle rescue for the next few weeks. We will be training on the building while it is under construction. The impact fees have been collected. General discussion of the growth in the District and how it affects future plans. NEW BUSINESS Discussion of the up-coming budget process. Questions from new Board members answered. BOARD & CITIZENS OPEN DISCUSSION None Motion, second and vote to adjourn meeting. Meeting adjourned. ISLES OF CAPRI FIRE f RE$CV~, AD V t~Oik¥ BOARD AGENDA CHIEF'S REPORT March 6, 2003 go B. C. D. OPERATIONS REPORT VOLUNTEER REPORT TRAINING REPORT BUDGET REPORT OLD BUSINESS NEW BUSINESS ~OARd) AND Ci f~ENS' OPEN DISCUSSION CHIEF'S REPORT March 6, 2003 26tl OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of 3 to 4 minutes. From 8:00 a.m to 8:00 a.m., a minimum of at least two fully state certified Firefighters are assigned to the fire station. From 8:30 a.m. to 8:30 a.m. the EMS, Medic 18 umt with two medical personnel are assigned to the station. In the event of a fire or medical emergency, a minimum of four and generally five trained professionals respond to your request for help. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boat in Collier County. This means that a medical emergency, be it a heart attack or traumatic injury, can be handled with the most advanced cnnergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. I I MONTHLY TOTALS I [ I TQT'~'I-~I ,. o,,.,~ I o., o~O,.,r,c,I Total 2002 to date 2003 to date nnE I~TED: 2e? I Z I !Z I 24 I ~4 I u, I *In district includes Dist 1' Brush fires: 12 I 1 2 3 5 Vehicle fires: 11 0 0 0 I 0 Structure rims: 40 0 4 4 7 5 Fire alarms: 63 2 4 6 10 10 Vehicle Accidents: 26 2 3 5 3 10 Move-ups: 76 XXX 4 4 17 8 Haz-Mat: 8 1 I 2 1 2 Public Assist 21 0 0 0 1 3 Special Event: 2 0 0 0 0 0 Other fire related: 8 I 0 1 I I I~=mCAL CALLS: I 122 I ~2 I t I ~. I =!.!. I ~ I IEmergency medical: MedFlight LZ: Other Medical Related 114 12 2 14 27 19 I 0 0 0 I 0 7 0 0 0 3 0 IMARINE/BOAT CALLS: I a I t I ~. I t I t I ~. · IBoat fires: Rescues: Haz-Mat: Public Assists: Special events: Dive Team Request 4 1 0 1 I 1 16 I 0 1 I 4 6 0 0 0 I 0 3 0 0 0 0 0 7 0 0 0 0 0 3 0 0 0 XXX 1 I rqrAt~ 9ALLS: f~{~ ~ ~ nO ~ eS DATE: TO: FROM: SUBJECT: Each comm. Rec'd Copy MEMORANDUM March 20, 2003 Board of County Commissioners Pat Lehnhard, Administrative Assistant, OMB Productivity Committee Meeting Minutes RECEIVED MAR 2 0 2003 Board of Co~unt.~ Commissioners Flala .. 'J t Halas /f/ Henning~ / Coyle ~ Coletta . , / v Enclosed for your information and files are the Productivity Committee's Minutes listed below: February 19, 2003 Regular Meeting Minutes Please do not hesitate to contact me, or Winona Stone, should you have any questions regarding the above information or enclosures. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Connie Deane, Transportation Community Liaison Tom Wides, Public Utilities Operations Director Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774-8973 Fax: (239) 774-8828 t.~isc. Cortes: Date:~~"~ It.em~ ) (.0 Copies To: COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes February 19, 2003; 2:00 pm. Members Present: James Gibson, James Homer, Jean Ross-Franklin, Joseph Swaja, Joseph Mumaw, Albin Kozel, Stephen Price, James Ray, and Richard Schmidt Members Absent (Excused): Janet Vasey and Dexter Groose BCC Liaison Present: Commissioner Donna Fiala Staff Present: Norman Feder, Transportation Division Administrator; Gregg Strakaluse, Transportation Engineering & Construction Management (TE&CM), Director; Donald Scott, Transportation Planning Department Director; Dale Bathon, Principal Project Manager (TE&CM); Gary Putaansuu, Senior Project Manager (TE&CM); Connie Deane, Transportation Division Community Liaison; Tom Wides, Public Utilities Operations Director; Mike Smykowski, Office of Management & Budget (OMB) Director; Jim Mudd, County Manager; Leo Ochs, Deputy County Manager; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant OMB. I. Introduction: Jim Gibson called the meeting to order at 2:00 p.m., noting that a quorum was present. Jim welcomed new members, Albin A. Kozel, Jr., Stephen L. Price, James C. Ray, Jr. and Richard Schmidt. A motion was made by Jim Homer to accept the January 15, 2003 minutes as presented; seconded by Joe Mumaw, and unanimously approved. II. Old Business: A. Presentation on the Proposed Golden Gate Parkway/Airport Road Flyover - Norman Feder introduced members of his staff, and distributed a copy of the Golden Gate Parkway/Airport Road Grade Separated Overpass Highlights, together with a copy of an Executive Summary giving the Board of County Commissioners and Naples City Council an update on this project. Norman stated that this project, upon approval by the BCC, is scheduled to begin in 2004 and be completed in approximately two years at an estimated construction cost of $30 million. We will be able to recover Collier County's costs associated with the GSO in less than 3 years. Take $30 million minus $7.45 million (TOPS funding), and divide the result by $8.7 million (approximately 31 months). Improvements on Golden Gate Parkway will begin just east of the intersection with Bears Paw/Estuary and end just west of the intersection with Livingston Road. Improvements on Airport Road will begin just north of the Golden Gate Main Canal and end a quarter mile north of the intersection with Golden Gate Parkway. Norman said he has been asked many times "Why do this? .... Why have Golden Gate Parkway fly over Airport Road?" The reason for the improvement is to improve the flow of east-west traffic on Golden Gate Parkway. Although Airport Road has a higher traffic volume at present, this will change with the construction of the new 1-75 interchange at Golden Gate Parkway. This will make Golden Gate Parkway the higher volume roadway. Page 1 of 5 Also, the Development of Regional Impacts (DRI) of Grey Oaks and Estuary were structured to reserve right-of-way for interchange. The right-of-way going north and south is not reserved. This overpass will reduce intersection delay, improve safety, aid in evacuation, relieve traffic on Pine Ridge Road, and complement traffic circulation associated with the upcoming 1-75 interchange on Golden Gate Parkway. The apex of this overpass will be 28 feet. There will be issues to address at the Goodlette-Frank Road and U.S. 41 intersections with Golden Gate Parkway. The building of this overpass does not solve the problems at these intersections, but it doesn't make them worse. At this time, Norman is working with the City of Naples and the State on the problems at Goodlette-Frank. Nothing has been addressed yet regarding U.S. 41. Not all of the traffic coming off of the interchange will be going westbound. At this time, Gregg Strakaluse, Senior Project Manager (TE&CM), conducted a video presentation showing the overpass and the aesthetics going both east/west and north/south and how traffic will move. Traffic (six lanes) on Golden Gate Parkway will pass over Airport Road, and will not be impeded by a traffic signal. Traffic on Golden Gate Parkway wanting to turn onto Airport Road will exit off the Parkway to the right (whether eastbound or westbound) and will make these movements (northbound or southbound) at-grade (undemeath the overpass). There will be provisions for U-turn movement on Golden Gate Parkway under the structure. All movements on Airport Road will occur at-grade. The at- grade movements for Golden Gate Parkway and Airport Road will be controlled by signals. Greg also presented and explained a visual of traffic flow during morning and evening peak hours in 2025 prepared by Kimley-Horn. Norman and his staff then answered a few questions raised by the committee members relative to the survey conducted and the traffic flow patterns, i.e. off-season and peak season. B. Further Discussion on Proposed Water and Wastewater Impact Fees - Joe Mumaw advised after the presentation on proposed water and wastewater impact fees, he had a concern that the proposed impact fees were not high enough to cover the cost. Afterwards, Joe met with Tom Wides, Director of Operations for Public Utilities. In the discussion with Tom and the consultants, Joe acknowledged a much better understanding of the impact fee setting process. Tom prepared a Summary Presentation of Impact Fees, which was included in the agenda packet. Joe feels we are spending more than is being collected. Tom Wides explained the timeframe from time of acquiring property to building a plant takes approximately eight years. A ten-year planning cycle is looked at for impact fees. Joe's question is why are we only collecting 30% to recapture the capital expenditures in the 1 O-year time frame? We can't legally charge for something that isn't going to be fully utilized in that same time frame. How do we fund capital projects? Impact fees accumulated to date, credits, and primarily from commercial paper loan and state revolving fund loans. The commercial paper short-term nature will necessitate it be rolled into funding by bonds as the construction activities are being completed. As prior and present impact fees come in after the 10-year cycle, you start paying off the debt service. Tom advised they will keep looking at impact fees annually to see if the County is collecting enough or too much. Population estimates are the basis for the Master Plan. Projected capital expenditures for plants, transmission and collection mains are calculated based on the population and dispersion of the population. The current unutilized capacity during non-peak periods shows on average basis about 14% Page 2 of 5 on water side, and 20% on wastewater side. Peaks are defined by seasonal periods, holidays, rain events, etc. Tom was asked to explain what ERC means. He advised it stands for Equivalent Residential Connections. It is estimated that each person uses 185 gallons of water per day. There are approximately 2.4 individuals per household (2,500 sq. ft.). It represents the average use of an average size household. The cost is $2,570 for water, and $2,950 for wastewater. Tom advised Golden Gate, Marco Island and City of Naples are excluded from our water district. Tom invited members of the committee to attend the February 25 Board Meeting at which time Public Utilities will be presenting their impact fee and user fee proposals. C. Continuing Discussion on Reserves and Fund Balances with Mike Smykowski - As previously stated, Moody's Investor Services recommends that we have a minimum 10% reserve. Fitch noted that fund balance levels had increased to approximately 15%, which is up from 11.3% in 2001. Bond ratings improve as percentage increases. This lends itself to adopting a policy for the County in establishing fund balance levels. Mike advised that the County's policy has been not to borrow on a short-term basis. Due to the timeframe of when property taxes are collected, the County pays out significant amounts to the Constitutional Officers before the County starts receiving tax money. This is another reason for the high reserve. Jim Gibson suggested that a formal fund balance policy adopted by the Board would give additional comfort to the rating agencies. Jim Gibson asked Mike about fund consolidation. Mike said he has a draft plan, which would eliminate 10% of the funds. --} Mike was asked to make this available to the Productivity Committee when it is completed. D. Discussion with Jim Mudd, County Manager - The County Manager advised that he is going to bring up to the Commissioners at their Strategic Planning Workshop February 28, the idea of creating a chairman's group to include the Fire District Chiefs and a member of the BCC. The purpose is to research potential efficiencies. 1. Commissioner Henning's Request for the Committee to consider conducting Performance Assessments on various departments under the Board's jurisdiction - Jim Mudd advised he had previously asked the Clerk of Courts to do this. The Clerk said he was not staffed for this. Jim agrees that there is a need for someone to take a look at some of the departments to determine their performance. He has received requests for this from both the Transportation and Community Development Divisions. There are three things Jim is looking at: (1) is this Committee qualified? (2) Need to take into consideration the Sunshine Laws. (3) The significant amount of time it would take for lay people to do this. Any particular project could take up to four months to conduct. Because of these things, Jim feels this would be a difficult job for the Productivity Committee to do. The Committee agrees and Jim Gibson will draft a letter to Commissioner Henning on their response to his request. 2. Outstanding issues raised by the Committee in their listing of significant observations, findings and recommendations for future action dated August 23, 2002 - Before discussing the committee's findings, Jim Mudd advised that the County's Self-Insurance Fund is $3 million over budget. There is no contingency fund to fall back on. On January 1st employees' portion of health insurance costs were raised. Jim has spoken with his administrators and advised them he may be looking to their budgets to Page 3 of 5 1611" make up this deficit. Employees could also receive a mid-year increase in costs. The County is bearing 86% of the costs - employees 14%, and health costs continue to skyrocket. As to the Productivity Committee's observations, etc., Jim Mudd remarked as follows: a. Barry Axelrod, Director of our IT Department, has set up a committee composed of a cross-section of County top management to assess and prioritize countywide information systems development requirements. They meet quarterly. b. Outside consultants are looking at the Solid Waste Landfill Closure Fund. The Committee will need to speak with the Sheriff regarding the reserve build-up in his Self-Insurance Fund. Staff is continuing to review Emergency Services response times and staffing requirements. c. Regarding the budget process, Jim advised that the County is now a member of the International City/County Management Association's Center for Performance Measurement (ICMA) database. We are looking into the HR system and trying to remedy a number of problems with their lack ora reliable database. With our new SAP Integrated Financial System, we will be able to have accurate position counts and current status, which will be maintained on a continuous basis. Jim is also looking into changing our current leave program into Universal Leave. This will consist of regular leave accrual and two days personal leave, with the sick leave portion being limited. Two years ago when changes were being anticipated in the health plan, an employee focus group was formed to take a look at various scenarios. Jim has asked Leo to reestablish this group. d. Major areas of concern for future review - Jim advised the transportation issue is a priority with the Board. The backlog of transportation projects should be completed in 2005. Water requirements (supply and quality) will continue to be a challenge. --} Jim Mudd directed Tom Wides to solicit the Productivity Committee's comments on the annual publication of water status prior to release to homeowners. Regarding the Stormwater Management project, Jim had been talking to Big Cypress to see if we could combine ours with theirs. SFWMD was going to take all of our employees. When the Governor's budget came out, SFWMD was told to cut staff, not take on new people. Therefore, this plan has been cancelled. They will help leverage money to help us improve our primary and secondary systems. The County Manager directed all departments to present Master Plan, Impact Fees and User Fees proposals to the Productivity Committee for review prior to submitting them to the Board. 3. FY 04 Budget Policy - The County Manager proposes the following: a. Limit on expanded position count (Board Agency) - Severely limit (none is better) new hires for a couple of years. This will force departments to utilize their present employees to their fullest. When an Administrator complains he can't get the job done with the staff he has, then Jim will take a look at hiring. He has never had anyone come to him yet saying they can't do the job with the employees available. The limitation on new hires will minimize immediate facility space requirements. We are also taking a look at the facilities master plan. It will be amended to keep track of changing needs. As an example, the County Manager had the law books moved to a trailer because the Clerk needed additional space. Six months later the Clerk still has not moved into this new space. A facilities committee would have had that completed by now. A facilities committee is being established. Page 4 of 5 MEMORANDUM Date: To: From: Re: April 23, 2003 Joyce Houran, Grants Coordinator Collier County Sheriff's office Marie Clos, Deputy Clerk Minutes & Records Department Anti-Drug Abuse Act Formula Grant Program Enclosed please find the original document as referenced above, (Agenda Item %16J2), approved by the Board of County Commissioners on April 22, 2003. Kindly forward this document to the appropriate agency. If you should have any questions, please contact me at: Extension 8411. Thank you. Enclosure /mj c CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2003 1_6J2 Date: Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: .7~?~ ~,~n Title: Grant Coordinator E-mail address: qrants~coll iersheri f f · orq Agency: Pnl 1 i ~r (~n,~n~y ~h~r~ ff'.~ /~ff~ ~.~ Address: 3301 Tamiami Trail P.a~t, Blda_. J-l, Naples, Telephone: 239-793-9346 County: Collier Date: ~,-i] q~ 9nn~ Chair, B~o'atd~'o~%~u ~ tY Com m~ission ers Fi. 34112 ~t ~ ~ Chatman's $t~ata'e onl.y. Enclosure 2 Byme Grant Program AnnOuncement MEMORANDUM Date: To: From: Re: May 19, 2003 Joyce Houran, Grants Coordinator Collier County Sheriff's office Trish Morgan, Deputy Clerk Minutes & Records Department FY 2003/2004 Anti-Drug Abuse Grants Program 2003-CJ-5A-09-21-01-101 2003-CJ-SA-09-21-01-102 Enclosed please find two (2) original documents as referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on April 22, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures Date: ITEM NO: FILE NO.: ROUTED TO: May 12, 2003 RECEIVED: DO NOT WRITE ABOVE THIS sPACE REQUEST FOR LEGAL SERVICES (Please type or print) To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Re: / Crystal K. Kinze (Name) Sheriff's Office Finance Director (Title) Finance Division (Division) Anti-Drug Abuse Grant Proqram application ( Subject ) ( Department BACKGROUND OF REQUEST/PROBLEM: (Describe problem and glve background information - be sDec!fic, conclse, a~.d articulate). On April 22, 2003 the BCC approved Agenda Item 16J(2)and agreed to be the coordinating unit of government for Fiscal year 2003/2004 Anti-Drug Abuse Grant Programs (Edward Byrne Grant) and to execute the Certification of Participation. The BCC also agreed to approve the Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. One of the three Sheriff's Office fiscal year 2004 applications is attached for your review. The application is seeking second year funding the Anti-Terrorism (Coastal Defense) Equipment and Training Program. (Are there documents or other information needed to review this matter? this information), yes (4/22/03 agenda item 16J(2) THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number. ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of documents. OTHER COMMENTS yes, attach and reference CO, C: Don Hunter, Sheriff Ail requests must be copied to your appropriate Divislon Head or Constitutional Officer. jh/a: lecdapD04 AGENDA TRAN~d~IITTAL SLIP I Date Submitted: 41111~3: (1'1) =iance ReqUested Agenda Date: 4/22/03 enda Item ~mval Public Petitions'.' Board'Of Cou (12) CountyAttomey's ,s_.t~ -Proclamations' (13) Other Date: ITEM NO: ..ShFa o ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) April 11, 2003 To: Qffice of the County AttorneY, Attention: Thomas Palmer, Esa. From: Crystal K. Kinzel ( N~e ) Re: Sheriff's Office (Division) Anti-Druc Abuse Grant Proaram ( Subject ) Finance Director (Title) Finance Division ( Department ) BACKGROUND OF REQUEST/PROBLEMs (Describe probl~ and give background information - be ~ecific, concise, ~d Fiscal year 2003/2004 Anti-Drug Abuse Grants Program (Edward Byrne Grant) grant funding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for Byrne Grants and execute the Certification of Participation. 2. Approve Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. 3. Approve acceptance of awards an~ associated budget documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information) · THIS ITEM HAS/~____~__N_Q~ BEEN PREVIOUSLY SUBMITTED. {If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: · (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of Certification of Participation. OTHER COMMENTS: C: Don Hunter, Sheriff Ail requests must be copied Go your appropriate Division Head or Constitutional Officer. ]h/a: legbyrnecer tpar t 04 ~XECUTIVE SLTMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM. To seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. C_ONSIDERATIONI 1. The Collier County Commission has participated in the Anti Drug Abuse grant (Edward Byrne Grant) program for fourteen years. 2. The Collier County Program has proven to be a valuable project. 3. The Florida Department of Law Enforcement has allocated $210,238 for State Fiscal Year 2004 Collier County grants. 4. The Sheriff's office will seek fifteenth year Edward Byrne Grants for authorized grant program areas including but not limited to Juvenile Intensive Supervision, Anti-Terrorism Training and Equipment, Community Crime Prevention, and Community Policing. 5. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, the Sheriff's Office grant applications for fiscal year 2003/2004, to authorize acceptance of awards, and associated budget amendments. ~ISraL IMPACT1 Twenty five (25%) percent local matching funds, $70,079 drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602- 919010-991000) or general operating funds as available. GROWTH MANAGEMENT: No recurring costs for subsequent years. ]~ECOM~~DATION: ~ That the Collier County Commission agrees to be the local coordinating unit of government and authorize the Board Chairman to execute the Certification of Participation for fifteenth year funding, approve the Sheriff's office grant applications for fiscal year 2003/2004, authorize acceptance of awards, and approve associated budget amendments. · ica 'on o ' t Tru F d e This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: Director DoN ~u~r, Sheriff DATE: April 11, 2003.. 16J CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2003 Date: Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines ..__ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following persol3: Title: ' E-mail address: ran~s colliersheri'ff.or Agency: ' ' ' ' Address: .... County:_ Collier Telephone:_2~9-?93-9346 Sincerely, Chair, Board of County Commissioners Enclosure 2 Byme Grant Program Announcement Application for Funding Assistance ora~m Florida Department of Law Enforcement ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pr Please read instructions before completing this application. The term ,,Department", unless otherwise stated, refers to the Department of Law Enforcement. The term "OCJG" refers to the Office of Criminal Justice Grants. The term "subgrant recipient" or' subgrantee refers to the governing body of a city, county, state agency, or an indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. The term ,'implementing agency" is a subordinate agency of a city, county, state agency, or indian Tribe, or an agency under t This section to be completed by Subgra~ 1. Continuation of Previous Subgrant? X Yes No If Yes, enter CJ Contract # of Previous Subgrant SFY 2001 CJ Contract ~ 2003 - CJ - 5A - 09 - 21 - 01 -101 _~ . OCJG Project iD # ram Area it: CFDA if: 16.579 SF¥ 2002 CJ Contract if 2002 - CJ - __ - -- ' ~ ' ' ~ 1. Sub Name of Subgrant Recipient (Unit of Government): Collier County Commission Name of Chief Elected Official / State Agency Head: Tom Henning Title: Chairman, Collier County Commission Address: 3301 Tamiami Trail East, Building F City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: Tom Henninq@Collierqov.ne~t 2. Chief Financial Officer of Sub rant Reci lent Sub rantee Name of Chief Financial Officer; James Mitchell Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza liE2 City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: JimMitchell~collier or.net Name of Implementing Agency: Collier County Sheriff's Office Name of Chief Executive Official / State Agency Head / Subgrantee representative (if a subordinate agency of the subgrant recipient): Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J City, County, State, Zip Code: Naples, Collier, Florida 34112 County Collier ,a Code / Phone # 239-77 SUNCOM # 239.774-8393 ~a Code / Fax it 239-774-3602 County Collier Code / Phone it 239-774-8404 SUNCOM # 239-774-8404 Area Code / Fax # 239-77, County Collier Area Code / Phone it 239-774-4434 SUNCOM # 239-774-4434 ~nt A h'cat~)n Packa e Revised 03~25~2002 Grant Application_ Section II - Page 1 A plication for Funding Assistance re ra--'~m '-P. ....... -*-,ent of Law Enforcement Stak~e°~; ~;c~;i ~;w Enforcement_Assistance Formula Grant P ~a Code / Fax # E-mail Address: sheriff@colliersheriff.o~ Name of Project Director: Dave Johnson (implementing Agency Employee) Title: Sergeant (Marine Patrol Bureau) Address: 3301 Tamiami Trail East, Building J City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: N/A 239-774-5735 County Collier Code / Phone # 239-7' SUNCOM # Area Code / Fax # 239-7g 5. Contact Person Name of Contact Person: Joyce Houran (if other than Project Director) Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: ~ County Collier Area Code / Phone SUNCOM # Area Code / Fax # 239-7~ 6. Person Name: Joyce Houran Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: grants@colliersheriff.org 7. Person Res onsible For Pro rammatic Performance Re ortin if known Name: Dave Johnson Title: Sergeant (Marine Patrol Bureau) Address: 3301 Tamiami Trail East, Building J City, County, State, Zip Code: Naples, Collier, Florida, 34112 E-mail Address: N/A County Collier Code / Phone # SUNCOM # Area Code / Fax # County Collier / Phone 239-793-9132 _ I SUNCOM # 239-793-9132 _ rea Code / Fax # C. Administrative Data _ FDLE Byrne Formula Grant Applicat~ Revised 03/25/2002 Grant Application~ Section I! - Page 16J2 Application for Funding Assistance ora~m Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pr 1. Project Title: Anti-Terrorism Equipment and Training Program II (Coastal Defense Project) 2. identify the year of the project (I, Il, Ill, etc.) Ii 3. Project period I Start'. 10/1/03 lEnd: 9/30/04 Fiscal Data 1. If other than the Chief Financial Officer Remit Warrant to: N/A Name: Title: Address: City, County, State, Zip Code: County 2. (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes No X 3. Frequency of Fiscal Reporting: Monthly~X Quarterly~ 4. Vendor #: 59-6000-558 5. State Agency SAMAS #: N/A 6. Project Generated Income (PGI): No X Will the project earn PGI? (See Section G, Item 9.) Yes~ 7. Cash Advance: Will you request an advance? Area Code / Phone # SUNCOM if Area Code / Fax # E-mail Address: is the subgrantee participating in the State of Florida Comptrollers Office electronic transfer ro ram? Yes~ Amount .~ No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. E= Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with sub. ant funds in terms of Problem Desc~ificance and Needs FDLE Byrne Formula Grant A lication Packa e Revised 03/25/2002 Grant Application~ Section II - P~J~e 3 Application for Funding Assistance Florida Department of Law Enforcement ~Memorial State and [(~[al Law Enforcement Assistance Formula Assessment, as described in the application instructions. Continue narrative on a'~-~ second_page if n__ecessa~eed t~wwo pages. The specific problem to which this project is responding is the vulnerability of Collier County residents to domestic terrorism. The significance of this problem has been expressed by Governor Jeb Bush in Executive Order 01-262 declaring a State of Emergency in Florida due to the circumstances and events that were perpetrated on September 11,2001. This Order has mandated that Florida must enhance its preparedness to safeguard against terrorist attacks. The Assessment of Florida's Anti-Terrorism Capabilities has identified areas where this preparedness must take place. FDLE's Strengthening Domestic Security in Florida Plan Goal I. Strategy 2 states: 'ENSURE all response Personnel receive appropriate training. TRAINING is critical to the safety of law enforcement personnel and the efficient and effective handling of terrorist incidents. Without proper training, the tragic effects of the initial incident would, in fact, worsen and become further complicated". Strategy 3 states: "IDENTIFY and OBTAIN appropriate equipment for all response efforts. EQUIPMENT is essential to ensure immediate, effective, and safe response". Strategy 30biective D: states "identify and/or purchase specialized response vehicles/vessels/aircraft (,i.e., armored vehicles and offshore patrol boats)". Since the terrorist attacks of September 11, the Collier County Sheriff's Office (CCSO) has reassessed its capabilities to provide for coastal defense and safety of the population against terrorist threats and attacks. Unmet needs the project can address with fiscal year 2004 Byrne Grant support have been identified. Of specific concern is the gap between current and desired projected results to safeguard the populous from waterborne terrorist actions, v The greater Naples area of Collier County has one of the highest concentrations of foreign and domestic dignitaries, businesses and other high profile individuals in the State of Florida. The highest probable target areas and individuals are located within one mile of the coast. No less than 40 beachside resorts routinely house national and international dignitaries including current and past United States Presidents and heads of other nations. These demographics make the Collier County coastline an area of concern for terrorist activity. The CCSO has a Marine Patrol Bureau that provides over 75% of the general marine taw enforcement needs of the area. The Marine Patrol Bureau could be limited in scope by current training. Advanced specialized training is needed to counter the threat of waterborne terrorism. Collier County has one of the largest coastlines of any county in Florida. Its 80 miles of FDLE Byrne Formula Grant Applicatio~e ~d 03/25/200~- Grant A~ --------"---~ction II - Page 4 16J2 Application for Funding Assistance Department of Law Enforcement ormutaFIorida convoluted shoreline comprise over 800 square miles of open Gulf of Mexico waters, ports of call, coastal beaches and mangrove estuarine rivers and bays. The sheer size and complexity of its coast makes marine patrol and marine threat interception daunting tasks. The specialized equipment purchased with Byrne Grant 2003 funds and associated training and tactics were implemented to provide for regular coastal defense patrols and timely interception of identified possible threats. · un has assumed regular coastal defense Since September 11, the Sheriff of Co!!ler Co ~-- .--~=sion capable assets stationed in duties. No Federal, state or other local agency ha= ,,-o Collier County. The nearest United States Navy assets are located in Key West, Florida -100 miles to the south of Collier County. The nearest United States Coast Guard and United States Customs assets are 40 miles tO the north in Ft. Myers. The State of Florida has no advanced marine law enforcement assets in the area and their existing assets are substandard. The United States Coast Guard, the United States Customs Service, United States immigration and Naturalization Service, and the Florida Wildlife Conservation Commission all rely on the CCSO to provide manpower and assets for the interception and identification of suspicious vessels that are in the act of nexus into Collier County waters. Additional specialized training in connection with the 2003 Byrne Grant funded patrol boat interceptor that is deployed for regular coastal defense, is needed to meet unmet needs and expand capabilities for marine counter terrorism. The CCSO needs advanced training for first responders in emergency threats for adequate response to maior terrorist incidents with the vessel used to establish on site command and communications to secure a disaster site and protect and provide support. While the CCSO has the capability to respond to marine related events, CCSO., needs to improve its capacity to respond to potential catastrophic water related terrorist activities. FDL._.~.~_~yrne Formula Grant Applic~ Revised 03/25/200~---"- Section II - Page 5 · Application for Funding Assistance ' Florida Department of Law Enforcement 2. Proiect Description: Briefly describe proposed project activities. Refer to Appendix ii, Part 1, Pages 1-3 for a description of eligible proiect areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Conti~ ; do not exceed three aes. The Collier County Sheriff's Office (CCSO) proposes to maintain and enhance the Marine Anti-Terrorism Team (MATT), which was created in 2002. This project stands alone and is not part of an existing grant program. MATT is a specific coastal defense program that provides regular marine patrols of Collier County waters by Sheriff's Office specially trained law enforcement officers. The patrol boat is designed for rapid interception of identified marine terrorist threats and suspicious vessels. The Sheriff's Office has a history of successful performance fOr marine patrol. The CCSO MATT Byrne Grant Funded Program for 2003 has been very successful and become a model for other agencies to duplicate. The primary objective of this project is to safeguard against waterborne terrorist acts through detection and interception. Funds for MATT are requested from the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program under FDLE Authorized Program Area 026.07, which provides equipment for anti-terrorism training and equipment. Current CCSO staff will continue to provide manpower for MATT. Personnel will continue to be drawn from Marine, SWAT and Criminal Intelligence resources on a rotation basis. The patrols would continue to operate as I~n Year I (,2003). The crews consist of a patrol boat Captain/Coxswain, a Security/Boarding Officer and an intelligence/Communications Officer. CCSO's current patrol boats consist of general-purpose boats that are well adapted, to function as stable work platforms for utility Patrol on inter-coastal waterways and calm-sea si ns and range limitations do not lend vet the hull de g . ' - ine atrol boat conditions near shore. Ho.w..._e_~ , -fo t class high-speed twm.eng P ..... -- Ives to off shore conditions. The 26..o~,_ -~uV, ment suited to long-range memse , ,,.,,-,r,~ ~,~e h~.~.n outfitte(~ wire uq ~, sleek provided in Year t ~,-uvoj, patrol and suspect vessel interception. This deep V type hull design, fuel range, and profile are specifically designed to withstand adverse sea conditions for prolonged periods of time without damage to the vessel or iniury to the operators. Year II (2004) funds are needed to support the following program costs: FDLE Byrne Form t ~&~~~~e Revised 03/25/2002 Section II - Page 6 g Assistance r- Applica .... , · w Enforcement .a C. rent Program~.~ Edward Bvrne M Florida Depa~men~_~',_t'f,,ment Assistance Formula $ 3,000 . Berth/mooring rental: . Fuel and oil costs: · Vessel maintenance: · Vessel insurance: · Advanced Marine Tactical/Anti-Terrorism Training for MATT team members and $20,000 $ 3,000 $ 4,000 patrol boat crews: $50_.~99.Q000 Total The MATT patrol boat will remain centrally stationed/moored in Naples for daily coastal patrols and emergency call out responses· The MATT coastal protection patrol is expected to operate a minimum of 240 days from October 1,2003 through September 30, 2004. During periods of declared eme[gency, such as Code Red conditions, the MATT patrol boat will operate 24 hours a day, 7 days a week until the emergency conditions pass. The MATT patrol boat and personnel are fully transportable by trailer, under Mutual Aid, to any location in the state for emergency port protection or coastal protection duties. Response and deployment time examples: · Miami/Port Miami: 2 hours · Florida City/Turkey Point Nuclear Power Plant: 3 hours. · Tampa/Port Tampa: 3.5 hours · Crystal River/Crystal River Nuclear Power Plant: 4 hours. Specially trained team members are an integral part of the FDLE statewide anti- terrorism plan. The equipment/boat is be used primarily for coastal defense of Collier County. Other Agencies, such as United States Customs, United States Coast Guard and FDLE crew aboard the MATT Patrol Boat for extended range patrols and special duties outside Collier lets. The short-term goals of MATT Coastal Defense Grant Il is to County coast.al .wa ........., I and training funds to support the Program from . · nhancing and expanding the coastal procure neeaed matnteuct.,,-~, rue . . to 30/04. Long term go..als in_c_l~d,e~, ~e~rri.~t . in_q and tactical exercises. As 10/01/03 09! .... ~,~,,,~l n cia,zed ~.u-,~r ...... train _ agencies that · ~UlU~, ,',~' s~_e defense prolecl w~m the program grows, collaborative efforts will be strengthened with other defend United States coastal waters. The program expansion could also include addition, al high tech, state-of-the art equipment and vessels. Project activities and services to be provided to Collier County residents and other people of other areas served by MATT will be implemented by September 30, 2004. The project will remain to be organized for success, enhancement, and expansion by the CCSO Marine Patrol Bureau and Specials Operations Division and routinely e. valuated by the Sheriff and his task forces. Advanced intensive marine tactical training will be provided to MATT members.  rant A lication Packa e ~3/25/2002 ... Gfell~ Page 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Proqram Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project- Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410-8700 for further guidance. Continue on a second page if necessary. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. 026 Anti -Terrorism Trainin,q and Equipment (#) (Title) List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions). Uniform Obiectives: 26.04 Part 1 26.07 Part 1 Part 2 Provide training for 24 local law enforcement and first responder personnel. During this reporting period, how many local law enforcement and first responder personnel were trained in anti-terrorism measures? To provide equipment for anti-terrorism training and operations. (Note: equipment was purchased in 2003). During this reporting period, did you use purchased equipment for anti- terrorism training and operation%? If yes, indicate which agencies received this equipment and the quantity. If equipment was received but not distributed, please indicate the reason it was not distributed. During this reporting period, did you use equipment for anti-terrorism training and operations? If yes please describe briefly in the narrative portion of this report. ' Project-Specific Obiectives: P0310101 Conduct intensive marine tactical training program for a minimum of 24 marine Anti-Terrorism Team (MATT) members. Part I During this reporting period, how many MATT members were provided intensive marine tactical training? FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program P030102 Part 1 Conduct at least 240 coastal protection marine patrols in Collier County coastal waters from October 1,2003 through September 30, 2004. During this reporting period, how many coastal protection marine patrols were conducted in Collier County coastal waters? Self-Generated Obiectives: Enhance and expand a system for statewide rapid response and deployment of the MATT patrol boat and MATT members Enhance and expand a program of interagency involvement whereby MATT members could include law enforcement officers from other agencies, specifically United States Customs, United States Coast Guard, Florida Wildlife Conservation Commission and the Florida department of Law Enforcement. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II- Page 9 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Sub~lrant Period 10/1/03 - 9/30/04 (Beginning Date - Ending Date) Administrative Activities Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct I Nov [ Dec I Jan I Feb I Mar I Apr I May/ Jun [ Jul L Aug I Sep_l ~ubmit Financial Reimbursement {equests Submit Financial Closeout Package Submit Quarterly Program Reports ~ubmit Quarterly PGI Reports If applicable) NIA Conduct Advanced training Conduct coastal defense patrols with MATT Patrol Boat =ractice specialized training Practice tactical training Collaborate with other agencies on coastal defense Evaluate project for improvement & enhancement. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section Ii - Page 10 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 pement of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits 0 0 0 Contractual Services 15,000 5,000 20,000 Expenses 22,500 7,500 30,000 Operating Capital Outlay 0 0 0 Indirect Costs 0 0 0 Totals 37,500 12,500 50,000 FDLE Byrne Formula Grant Application Packaj~e Grant Application Revised 03/25/2002 Section fl - Page 11 16JR Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pa,qes if necessary.) Please respond to the following five items before providing the Budget Narrative. 1. Identify your Specific sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] The Collier County Sheriff's Office twenty-five (25)percent source of match will be from the Confiscated Trust Fund or general operating funds. 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No: If no, please explain. Yes: If yes, please list number and title of position and type of benefits. Not applicable to this grant application - no Salaries and Benefits are included in this grant budget request. Indicate the OCO threshold established by the subgrantee. $ 7,50.00 If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Not applicable - no Indirect Cost is included in this grant budget request. Federal Match Total Salaries & Benefits 0 0 0 Contractual Services 0 0 0 Advanced' ' !~'' :~'' '" .... ~5,000 ~: ~:~':~000 ~0,000 MadneTactical/Anti- ~' ;::.:~.: . ~ ~ Terrorism Training ..... ':. Expenses: Mooring/Berthing Fuel & Lubes Vessel maintenance Vessel insurance TOtal Expense~ OCO: Indirect Costs TOTALS 2,250 750 3,000 15,000 5,000 20,000 2,250 750 3,000 3,000 1,000 4,000 ~.500 '~: ~ i!~!?,~0o ~0,o0o 0 ~ 0 '~ FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 12 16J Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram F.2.c. Bud.qet Description Salaries and Benefits $ 0 Contractual Services $ 20,000 Advanced Specialized training at $20,000 for all MATT members is needed for marine law enforcement and security including high risk boarding, suspect transport, officer/suspect safety, liability, safety inspections, profiles, escalation, arrest tactics, defensive tactics, boat handling, authorized force, stopping tactics, boating firearms training, specialized waterborne tactical programs, and seaport protection. Contractual prior approval via this grant application/award process is requested for 24 CCSO members to receive this training from qualified companies or institutions. Expenses $ 30,000 Mooring/Berthing for the MATT Patrol Boat will total $3,000 for this period. Patrol boat fuels and lubrications are estimated to cost $20,000 for the 240 estimated coastal defense patrols during the grant period. The patrol boat maintenance costs at $3,000 are needed to sustain the boat in optimum operational condition. Vessel hull insurance will cost $4,000. , Pursuant to Section 932.705(4) Florida State Statutes, matching funds of 25% of the project costs will be provided by the Confiscated Trust Fund or general operating funds. · These project costs are not allocated or included as a cost to any other federally financed program. · These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. · These project costs are authorized by Federal or Florida Statutes or local laws and regulations that are in effect at the time the subgrant is awarded. · These project costs are treated consistently with policies, regulations and' procedures that apply uniformly to other subgrant recipient activities. · These project costs are net of all applicable credits. · Federal funds will not be used to supplant State or local funds. · All project costs will be expended or obligated during the approved subgrant period. . Confiscated Trust Funds will be used for the local cash. match. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 13 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.$. Department of Justice, Office of Justice Programs (OJP) Financial Guide. Reports a. Project Performance Reports The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Cdminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the "final' claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Itern-9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedur.es that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section fl - Page 14 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or pdor to the termination date of the subgrant recipient's project are eligible for reimbursement. 7o Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)'(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 8o 10. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87, 'Cost Principles for State, Local and Indian Tribal Governments', or OMB Circular A-21, "Cost Principles for Educational Institutions~. . b. All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section fl - Page 15 16J2 Application for Funding Assistance I Florida Department of Law Enforcement I Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that'~ear. The audit shall be performed in accordance with the federal OMB Circular ^-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Flodda Auc[[tor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public AccoUntant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. Grant Application Section II - Page 16 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 16, 17. 18. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM CircularA-133for t. hat fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement ' Office of Inspector General Post Office Box 1489 Tallahassee, Florida 32302-1489 Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal wdtten amendment to this agreement. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reasor~ of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient'to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in Grant Application Section II- Page 17 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program bo either its sovereign or contractual capac ty, fires, floods, epidemics, quarantine restrictions, stdkes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) (2) Supplies or services to be furnished by the consultant were obtainable from other sources, The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the de very schedule shall be revised accordingly. 19. 20. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major changes. These include, but are not limited to: a. Changes in project activities, target populations, implementation schedules, designs or reseamh plans set forth in the approved agreement; bo Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing th.e~quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in tl~e Salaries and Benefits category,) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact adsing under this agreement and shall distribute its response to all concerned parties. ']:he subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 18 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 23. 24. 25. 26. 27. 28. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The Project Director has authority to submit Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer er elected official and the person receiving signature authority. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in wdting with documentation to include appropriate signatures. Background Check Whenever a background screening for employ,,ment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. - bo All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local cdminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section II - Page 19 16J2 29. 30. 31. 32. 33. Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~ram (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Grant Application Section II - Page 20 FDLE Byrne Formula Grant Application Packacje Revised 03/25/2002 Edward Application for Funding Assistance Florida Department of Law Enforcement B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act cdteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DO J, OCR for approval. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entitles on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in co.,rnplying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or net they are being specifically funded with these subgrant funds. That is, it FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section II- Page 21 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 37. 38. applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a matedal representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) (2) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section II - Page 22 39. 40. 41. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories, bo Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective mveasures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; FDLE Byrne Formula Grant Application Packaqe Revised 03/25/2002 Grant Application Section II - Page 23 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram o Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Sect[on II - Page 24 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant H. Si~lnature Parle 16jp In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of FlOrida · Department of Law EnfOrCement Office of Criminal justice Grants Signature: Typed Name and Title: Clayton H. Wilder, Community Proqram Administrator Date: ~ SUbgrant ReciPient AuthOrizing Official of Governmental unit (Commission Chairman, MaYOr, or Designated RePresentative) Typed Name of Subgra[~/~ecipient: er Count,y Commission Signature: .--.-... ~.~. '"--- Typed Name and Title:... Tom Hennincj, Chairman, Collier County Commission Date: Implementing Agency Official, Administrator o~ Designated RepreSentative County Shedff's Office Signature: \;~Vt; I {/I/ ~'~ ~/?1~ Typed Name and Titl~e';--D. on I~unter, Sheriff ~te:'"~av ~2, 2003 D~iGHT E. BR~K~;C~EK -.De,u? Cler . ~ ~tast as ~ Chat~an's st~at~e ~ly, FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II- Page 25 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram H. Si~lnature Parle In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers, whiteout, etc. are not acceptable. Department of:~W Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Clayton H. Wilder, Community Program Administrator Date: Subgrant ReCiPient: ~ , Authorizing Officiai of Governmental unit (CommiSsion Chairman, Mayor', Or Deeign~ted Representative) Signature:~.__"-~(~'~-'%'---~ ~~ '- Typed Name and Title: Tom Henninq, Chairman, Collier Cqunt¥ Commission Date: .~///~O -~ !mple~enflng Agency Official, Administrator ;r DeSignated ~epresentative Typed N_~m~ptjl~genC~..~ Collier County Sheriff'S Office Signature: \'X !/~)l')[~l.?~,! _ ' 1'" Typed Name and Ti' '(tei-J~o~Hunterl Sheriff Date: DWI GHT,E; BROCKLCLE~K '~" Deputy Clerk ." · ~"~.. -, .... :. ~. :'Attest as ' ' signature to Chatman' onl$. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 25 City of Everglades City P.O. Box 110 Everglades City, Collier County, Florida 34139 City Hall 102 Copeland & Broadway Phone (239) 695-3781 Fax (239)695-3020 16J2' April 22, 2003 Mr. Clayton Wilder Community Program Administrator Department :e Grants Tallahassee; ~ 32308 Dear MffWilder:: In compliance with:State of Florida RUle F.A.C., the Everglades City approves the distribution of the:#$~ i:0,23 8: available of Federal Fiscal Year 2003 Byme Grant Formula:Grant Pr~: ~ds for the following projects within Collier County. SUBGRANTEE ~.'~.TITLE OF DOLLAR AMOUNT and ~'~.¢,:~:-::'~:"~ .... ?"~ .:.~..~:.~?.:~;~!~,~:~,.~ (JAM) ~ .. - ........ $.: , 8 ~< ::..¢.:::.,, .:.: · ~<', "~:~: ............... Pro W ' :~:' 119 2 0 · '~::~".,~ ; ...... · ;~.' ' Z~' .. ? . .': '~: .?: ~?::. ~4,-.~ .: %~::~%3:~:%~::~%~¢~ ~ ............. .;. · ?:~:~ ': :.' .~:~:. :: '.~C~3'~::~3~::. ~. ::%: Stay Hmilton, Jr. Mayor Mayor City Clerk Sammy Hamilton, Jr. Dottle Smallwood City AUomeys Chris Lombardo / Tony Pires MAYOR BONNIE R. MACKENZIE VICE MAYOR GARY GALLEBERG 16d2 CITY COUNCIL R. JOSEPH HERMS WILLIAM R. MACILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN April 22, 2003 Mr. Clayton Wilder Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2:331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2004 Byme Grant Compliance\Florida Rule 9B-61.003(4)(d), F.A.C. Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the City of Naples approves the distribution of the $210,238 total allocation available of Federal Fiscal Year 2003 Byme Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Bquipment and Training Program II (Coastal Defense Project) $ 37,500 Juvenile Arrest & Monitoring (JAM) Program IV $119,280 Juvenile Court & Staffing Program I $ 53,458 Sincerely, Bonnie R. MacKenzie Mayor 735 EIGHTH STREET SOUTH · NAPLES, FLORIDA 34102-6796 TEI.EPHONE (941) 213-1000 · FAX (941) 213-1010 citycouncii @naplcsgov. com Printed on Recycled Paper 0 16J2 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward B~frne Memorial State and Local Law Enforcement Assistance Formula Grant Proc;Iram SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): Meets Act Criteria ~Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, fe~.ral law re~.u~res it to formulate, implement, and maintain such a Plan within 120 days after a subg. r~nt applicatk:~h/for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized~gfficial Type Name:Tom Henning Title:Chairman, Collier County Commission Subgrant Recipient:C0Jlier County Commission : l " Date: .. ST: ,".." , . ' st as ~'~-~'~"~ ~ gepu~k' ~V .~., ~ FDLE Byrne Formula Grant Application Package Rule 11D-9.006 EEO Certification Appendix IV- Page 2 of 2 OCJG - 006 (rev. 04/04/03) U.S. DepartmenOlustice Office of Justice Programs OJ~ce.for Civil Right~ 16J2 August 16, 2001 Washington. D.C. 20532 Charmaine Steiner Collier County Human Resources Dept. 3301 Faa Tamiami Trail Naples, Florida 34112 Re: EEOP for Collier Count), Dear Ms. Steiner: The Office for Civil Rights has reviewed and approved the Equal Employment Opportuni .ty Plan (EEOP) which you submitted in accordance with the provisions of your recen~ grant award. The plan.that you submitted conforms to the Seven-Step Guide to the Design and Development of an Equal Employment Opportunity Plan, which is a guide to providing the essential information that the Depar~nent of.lustice requires ~br our initial screening of your EEOP. The Depa;x~ment of Justice regulations fbr developing a comprehensive EEOP may be found at 28 CFR § 42.301 et: seq. I.f you have any questions regarding this matter, please contact the Office. for Civil Rights at (202) 3074)690. Sincerely, Michael L. Alston Acting Director Office for Civil Rights cc: Reggie Padgett, COPS MLA:deb 16J2 ' APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): X Meets Act Criteria ~Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO PlanJfederal law reC~ires it to formulate, implement, and maintain such a Plan within 120 days after a s~jrant applica~i~/-for federal assistance is approved or face loss of federal funds. //t Signature of Subgrantee Authorized (~cial Type Name:Tom Hennin.q ~t.~-O.5 j Title:Chairman, Collier County Commission Subgrant F~ecJ~lier County Commission ' .' ,,~,'~ Date: : ~'~. ~..: ,. , ~': O GHTE. s.. ~ :'~ ; ' ~ ' ~ ':2"'}',' ''V~ ~- - A[test as to Chairman's ltgnat e only. FDLE Byrne Formula Grant Application Package Rule 11D-9.006 EEO Certification Appendix IV- Page 2 of 2 OCJG - 006 (rev. 04/04/03) U.S. Departmen~lustice Office of Justice Pro,rams O/)ke £or Civil 16J2 August 16, 2001 Wazhington. D,C. Charmaine Steiner Collier County Human Resources Dept. 3301 East Tamiami Trail Naples, Florida 34112 Re: EEOP for Collier Count)' Dear Ms. Stciner: The Office for Civil Rights has reviewed and approved the Equal Employment Opportuni .ty Plan (EEOP) which you submitted in accordance with the provisions of your recent grant award. The plan that you submitted conforms to the Seven-Step Guide to the Design and Development of an Equal Emplo..vment Opportunity.Plan, which is a guide to providing the essential information that the Depm~nent of 1usti¢¢ requires Ibr our initial screening of your EEOP. The Department of Justice regulations ~hr developing a comprehensive EEOP may be found ar 28 CFR § a2.30! et seq. If you have any questions regarding this matter, please contact the Offioe for Civi] Rights at (202) 307-0690. Sincerely, Michael L. Alston Acting Director Office for Co, il Rights cc: Reggie Padgett, COPS MLA:deb 16J2 Date: To: From: Re: September 19, 2003 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Trish Morgan, Deputy Clerk Minutes & Records Department Certificate of Acceptance - #04-CJ-J3-09-21-01-067 Certificate of 'Acceptance - #04-CJ-J3-09-21-01-068 Certificate of Acceptance - #04-CJ-J3-09-21-01-069 Enclosed please find one (1) original document for each item as referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on April 22, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures 16J2 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The,subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 04-CJ-J3-09-21-01-069 in the amount of $37,500, for a project entitled: Anti-Terrorism Equipment and Training Program 2 (Coastal Defense Project) for the period of 10/01/2003 through 09/30/2004, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance ~x~-- ~a~eement fnd special, (Typed Name of Official) conditions governing this subgrant. (Date of Acceptance) Chairman, Collier County Board of County Commissioners (Typed Title of Official) Collier County ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) 16J2 Date: May 12, 2003 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Crystal K. Kinzel ~ ,~,~ , ( Name ) Re: Sheriff's Office (Division) Anti-Druc Abuse Grant Program application (Subject) Finance Director (Title) Finance Division (Department) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be smecifi~, conc!se, and articulate)· On April 22, 2003 the BCC approved Agenda Item 16J(2)and agreed to be the coordinating unit of government for Fiscal year 2003/2004 Anti-Drug Abuse Grant Programs (Edward Byrne Grant) and to execute the Certification of Participation. The BCC also agreed to approve the Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. One of the three Sheriff's Office fiscal year 2004 applications is attached for your review. The application is seeking fourth year federal funds for the Juvenile Arrest and Monitoring (JAM) Program. (Are there documents or other information needed to review this matter? If yes, attach md reference this information). Yes (4/22/03 agenda item 16J(2) THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide Cowry Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of documents. OTHER COMMENTS: C.' Don Hunter, Sheriff All requests must be copied to your appropriate Divlsion Head or Constitutional Officer. ih/a: lej amapp04 Co. 16J2 AGENDA TRANSM!TTAL SLIP Date Submitted: 4/11/03: Jar presentations· i : · , Advertised pUblic Hearin (11) Public comments on Genera! ,ics Airport AuthO~:i , '" '? ~: Staff::~ and?i Requested Agenda Date: 4/22/03 ~mval o! and Minutes Public Petitions"-. ' :':? ~-7,'."-, Board of CoUnty Commissioners (12) CountyAttomey's Rep°rt:?:i~i'';':~''' Agenda Item . Proclamations :-: Board 16J2 Date: ITEM NO: ROUTED TO: DATE RECEIVED DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) April 11. 2003 .Ou3 pi? II l'f 36 To: Office of the County Attornev, Attention: Thomas Palmer, Ese. From: Crystal K. Kinzel , Finance Director [N~e ) (Title) Re: Sheriff's Office (Division) Anti-DruG Abuse Grant ProGram ( Subj eot ) FSD~nce Division ( Department ) BACKGROUND OF REQUEST/PROBLEM: (Describe probl~ and give backgro~d information - be ~Decific, concise, and articulate). Fiscal year 2003/2004 Anti-Drug Abuse Grants Program (Edward Byrne Grant) grant funding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for Byrne Grants and execute the Certification of Participation. 2. Approve Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. 3. Approve acceptance of awards andY associated budget documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information) . THIS ITEM HAS/~___~L~Q~ BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. Legal approval of Certification of Participation. OTHER COMMENTS: C: Don Hunter, Sheriff All reguests must be copied to your appropriate Division Head or Constitutional officer. 3h/a: legbyrnecer tpar t 04 1632 ~CUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT iN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM. To seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONSIDERATION: 1. The Collier County Commission has participated in the Anti Drug Abuse grant (Edward Byrne Grant) program for fourteen years. 2. The Collier County Program has proven to be a valuable project. 3. The Florida Department of Law Enforcement has allocated $210,238 for State Fiscal Year 2004 Collier County grants. 4. The Sheriff's Office will seek fifteenth year Edward Byrne Grants for authorized grant program areas including but not limited to Juvenile Intensive Supervision, Anti-Terrorism Training and Equipment, Community Crime Prevention, and Community Policing. 5. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, the Sheriff's Office grant applications for fiscal year 2003/2004, to authorize acceptance of awards, and associated budget amendments. FISCAL IMPACT= Twenty five (25%) percent local matching funds, $70,079 drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602- 919010-991000) or general operating funds as available. GROW'TH MANAGEMENT= No recurring costs for subsequent years. RECOMI4ENDATION: That the Collier County Commission agrees to be the local coordinating unit of government and authorize the Board Chairman to execute the Certification of Participation for fifteenth year funding, approve the Sheriff's Office grant applications for fiscal year 2003/2004, authorize acceptance of awards, and approve associated budget amendments. Certification of Confis. cated Trust Fund Recuest This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: ~s~t~l-k. Kinzei, Fin~n'ke Director Do~ ~u~e~r, Sheriff DATE: April 11, 2003 l_6J CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2003 Date: Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines the invitation to serve as the coordinating unit of government in th~ Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: ,lny~'P Rnnr~n Title: Grant Coordinator E-mail address;' qrants~colliersheriff.orq Agency:. ' ' ' ' Address: .... Telephone: 229-?93-9346 County: Collier Date: Ap,-~'I q, ~nn~ Sincerely, Chair, Board of County Commissioners A~T: Enclosure 2 Byme Grant Program Announcement Application for Funding Assistance ,gram Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro, Please read instructions before completing this application. · The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. · The term "OCJG" refers to the Office of Criminal Justice Grants. · The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. · The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live OaK) · Instructions are incorporated in this document by reference. A. Subgrant Data 1. This section to be completed by Subgrantee Continuation of Previous Subgrant? X Yes [] No If Yes, enter CJ Contract # of Previous Subgrant SFY 2003 CJ Contract # 2. This section to be completed b! OCJG Project ID # I Program Area #: CFDA #: 16.579 I SFY 2004 CJ Contract # 2003- CJ - 5A - 09- 21 - 01 - 102 2004 - CJ - - B. Applicant Information 1. Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission Name of Chief Elected Official / State Agency Head: Tom Henning Title: Chairman, Collier County Commission Address: 3301 Tamiami Trail East, Building F City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: Tom Henninq@Collierqov.net. County Collier Area Code / Phone # 239-774-8393 SUNCOM # 239-774-8393 Area Code / Fax # 239-774-3602 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: James Mitchell Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza IL~2 City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: Jim Mitchell@colliergov.net County Collier Area Code / Phone # 239-774-8404 SUNCOM # 239-774-8404 Area Code / Fax # 239-774-6179 3. Implementing Agency Name of Implementing Agency: Collier County Sheriff's Office Name of Chief Executive Official / State Agency Head / Subgrantee representative (if a subordinate agency of the subgrant recipient): Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J City, County, State, Zip Code: Naples, Collier, Florida 34112 E-mail Address: sheriff@colliersheriff.orcj County Collier .Area Code / Phone # 239-774-4434 SUNCOM # 239-774-4434 Area Code / Fax # 239-774-5735 FDLE Byrne For,-~ula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 1 OCJG - 005 (rev, 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Project Director Name of Project Director: John Rossi County (implementing Agency Employee) Collier Title: Lieutenant (Youth/Prevention Services Division) Area Code / Phone # Address: 3301 Tamiami Trail East, Building J 239-793-9147 SUNCOM # City, County, State, Zip Code: Naples, Collier, Florida 34112 239-793-9147 Area Code / Fax # E-mail Address: N/A 239-530-9722 5. Contact Person Name of Contact Person: Joyce Houran County (if other than Project Director) Collier Title: Grant Coordinator Area Code / Phone # Address: 3301 Tamiami Trail East, Building J-1 239-793-9346 SUNCOM # City, County, State, Zip Code: Naples, Collier, Florida 34112 239-793-9346 Area Code / Fax # E-mail Address: grants@colliersheriff.orq 239-793-9405 6. Person Responsible For Financial Reporting (if known) County Name: Joyce Houran Collier Title: Grant Coordinator Area Code / Phone # Address: 3301 Tamiami Trail East, Building J-1 239-793-9346 SUNCOM # City, County, State, Zip Code: Naples, Collier, Florida 34112 239-793-9346 Area Code / Fax # E-mail Address: grants@colliersheriff.or_q 239-793-9405 7. Person Responsible For Programmatic Performance Reporting (if known) County Name: John Rossi ~ Collier Title: Lieutenant (Youth/Prevention Services Division) Area Code / Phone # Address: 3301 Tamiami Trial East, Building J 239-793-9147 SUNCOM #. City, County, State, Zip Code: Naples, Collier, Florida 34112 239-793-9147 Area Code / Fax # E-mail Address: 239-530-9722 8. Service Provider Contact Person Name: N/A County Title: Area Code / Phone # Address: SUNCOM # City, County, State, Zip Code: FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 2 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E-mail Address: Area Code / Fax # FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 3 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1. Project Title: Juvenile Arrest & Monitoring (JAM) IV 2. Identify the year of the project (I, II, III, etc.) IV 3. Project period I Start: October 1,2003 I End September 30, 2004 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in their office. If B2 is selected, do not reenter the contact information. This is only needed for designee. B2 X OR DESIGNEE ~ Name: Title: Address: City, State, Zip Phone Number: Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes No X 3. Frequency of Fiscal Reporting: Monthly X Quarterly_ 4. Subgrant Recipient FEID #: 59-6000-558 5. State Agency SAMAS #: N/A 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes No X Cash Advance: Will you request an advance? Yes Amount No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 4 OCJG - 005 (rev. 04/04/03) ~t Program [ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro, E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. The problem to be addressed by the Collier County Sheriff's Office with subgrant funds is juvenile crime in Collier County, Florida. Fourth year Edward Byrne Memorial State and Local Law Enforcement Assistance Formula G rant Program funds are needed for fiscal year 2003/2004 costs to continue the CCSO Juvenile Assessment and Monitoring (JAM) Program. The JAM Program provides certified law enforcement Deputies to monitor delinquent offenders who are currently on probation or post-commitment probation. Without intervention and continued monitoring, these juvenile offenders can be identified as being at risk of continued criminal involvement. The significance of this problem is the number of crimes in Collier County committed by this segment of the population. Each of the crimes or delinquent acts committed by these young offenders represents a crime victim who suffers loss, as well as a youth whose future is at stake. The cost of crimes committed has traditionally been shown to exceed the cost of intervention that may have prevented the crime in the first place. We feel that this holds true in Collier County. The need for the continuation of this pre-existing subgrant program is substantiated by the steady increase in the population in Collier County, the number of delinquent offenders placed on probation or post-commitment probation and the number of court referrals to the JAM Program '`waiting list". While JAM Deputies have done an outstanding, job in accomplishing the JAM Program's objectives and outcomes during the past three years, the Court and the Department of Juvenile Justice (DJJ) continue to feed new referrals to the "waiting list". As the population increases, the JAM Program referrals increase. The population of Collier County is now over 250,000 and the County is still one of the fast~st growing areas in the United States. Collier County consists of 2,025 square miles. Collier County's juvenile population age 11 through 17 increases about five percent a year. In addition to permanent residents, Collier County has a large number of tourists, migrant families and part-time residents who also impact our population. Families continue to move into this area, thus increasing the number of juveniles. During the year 2002, there were 1,790 juvenile arrests in Collier County. Collier County, which processes thousands of juvenile cases each year, uses database techniques to standardize case management procedures. The JAM Unit has incorporated State of Florida Serious Habitual Offender Comprehensive Action Program (SHOCAP) methods to identify"at-risk" juveniles. Emerging results show Iow recidivism with fewer than three percent being involved in an additional offense or a probation violation. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 5 Rule 11O-9.006 OCJG -005 (rev. 04/04/03) ' 1.6J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program We have found that the most effective key to working successfully with a juvenile offender is frequency of contact. We have determined from our first years in working with JAM youth that the effectiveness of random assessment and monitoring produces lower rates of recidivism. It has also been demonstrated that delinquent behavior is reduced and reduces the chances that the juvenile offender or other family members will become involved in more serious delinquency or criminal activity. With funding cuts and subsequent difficulties in probationary supervision at DJ J, the need for the services provided to the community by the JAM Unit becomes paramount. Of the 1,790 Collier County juvenile felony arrests in 2002, 83 percent were for property cdmes (i.e., burglary, theft, motor vehicle theft, forgery and arson) and 17 percent were for violent crimes (i.e. homicide, rape, robbery, assault and kidnapping). The arrest rates for juveniles ages 11 to 17 have consistently been higher than the arrest rates for adults. However, only a small number of juvenile offenders commit the majority of crime and there is a proven relationship between age at onset of criminal behavior and continued criminality. Roughly twelve percent of all juvenile offenders account for sixty percent of juvenile crime. Repeat offenders are arrested between four and fourteen times during their criminal careers, suggesting that the younger the offender at the time of arrest, the greater likelihood of subsequent arrests if there is no intervention. When monitored, individuals arrested as juveniles are less likely to be arrested as adults. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 6 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description: Briefly deScribe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if necessary; do not exceed three pages. The proposed Collier County Sheriff's Office (CCSO) Juvenile Arrest and Monitoring (JAM) Program is a continuation of a program that was started in fiscal year 2001 with Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. The short-term goals for JAM Program IV will be to select and admit youth to the program and provide services to those youth for the purposes of protecting the community and deter the youth from ruining his/her future by criminal involvement. The goals also include planning and implementing community service projects; referring JAM juveniles for special services, networking with community partners, and screening all JAM juveniles with the ultimate goal of reducing delinquent juvenile behavior to make Collier County a safer place to live. We also plan to utilize emerging technology to improve efficiency within the Unit by reducing the time required for Deputies to input information into the Y-rs (Youth Tracking System) Database, and by making additional information more readily available to CCSO Patrol Units and Investigators. The YTS database is installed on each of our Deputies laptop computers to give each Deputy immediate access to all pertinent information wherever they happen to be. This is a significant improvement over the current method of printing out limited reports for the Deputies to have with them. Long-term JAM Unit goals over the upcoming year include: 1. Continuing to expand the categories of youthful offenders served and monitored by the JAM Unit. This will require adding Deputies to the Unit for caseload management since Deputies currently in the JAM Unit are already carrying caseloads at or above optimum levels. 2. Adding Deputies to the Unit for the purpose of enhanced monitoring of problematic youth for increased enforcement of probation, and to attempt to locate supervised youth who have absconded from supervision, who have run away from home, or who have active warrants or pick- up orders from the Court. 3. Working with the Juvenile Court to continue improving the rate at which the. Court concurs with JAM Unit recommendations for disposition, detention, release, sanctions, or termination for monitored juveniles. The provider of services is the Collier County Sheriff's Office JAM Unit Deputies. There is not a grant funded service provider for this program outside of the Collier County Sheriff's Office. FDLE Byrne Formula Grant Application Package Grant Application Section II- Page 7 Rule 11 D-9.006 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program The CCSO members who provide services are certified law enforcement Deputies. A JAM Unit Deputy job description is attached. Federal funding for project needs is requested in the amount of $119,285 for salary and benefit costs for the current two Byrne Grant Jam Unit Deputy positions, expense costs for liability insurance, automobile insurance, fuel/lube/repair/maintenance automobile costs, and miscellaneous office supplies including paper, folders, ink cartridges, drug screening kits, etc. The automobile related expenses will cover costs for the two Byrne Grant funded Deputies' vehicles. The project is located within the 2,025 square miles of Collier County. Services are provided to juveniles and their families throughout areas of the county. The continuing project will be organized to succeed by establishing goals and objectives that will result in outcomes that make Collier County a safer place to live. The JAM Program will continue to provide: 1. Intensive probation supervision and case management services to offenders. 2. Case management counseling to parents of juvenile offenders. 3. Establish community restoration projects to be completed by juvenile offenders ~b violate their curfews. 4. Supervise juvenile offenders assigned to community restoration project sites. 5. Locate and process probationers with active pickup orders. The CCSO JAM Program Unit monitors delinquent offenders who are currently on probation orwho have returned to our community from a commitment program. These juvenile offenders can be identified as being at risk of delinquent behavior based on their prior behavior and environmental factors. Patterns of behavior that demonstrate that a child is at risk of violating his/her conditions of their probation include but are not limited to the following: running away from home; truancy; testing positive on a urine screen for illegal substances; parental disobedience, problems at school; problems at work or in the neighborhood; and not completing their sanctions as set forth by the Court. The JAM Unit will recognize these juver3iles when they have demonstrated these behaviors or when they have acquired new criminal and delinquent charges or violated their probation sanctions. The purpose of the JAM Unit is to enhance the supervision of the JAM identified juveniles, thus creating little opportunity for the juveniles to re-offend or violate court sanctions. JAM will also create referral opportunities to meet the needs of the juvenile through the CCSO network of community partners. Functions of the JAM Unit are, but not limited to: . · Checking the homes of every juvenile identified as JAM eligible at least three times a week to insure that the juvenile is abiding by all terms as set forth by the Court and DJJ. · Make random contacts with juveniles in the community to identify, track, and deter those who are at risk of developing delinquent behavior. · Apply a zero-tolerance approach to any compliance violation set by the Court and/or the Department of Juvenile Justice to reduce the number of violations currently being committed by juveniles on probation. · Disseminate intelligence about juvenile offenders to the patrol and detective divisions within the CCSO to eliminate the cloak of anonymity behind which many juvenile offenders hide. · Improve communication and coordination between SHOCAP, YRD, Street Gang Unit and the Department of Juvenile Justice staff. FDLE Byrne Formula Grant Application Package Grant Application $_~c~tion II. Page 8 Rule 11 D-9.006 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program · Promote the program to individuals and groups within the community. · Promote a quarterly community restoration project with JAM juveniles. The JAM Unit also aims to help the parents of delinquent youth by assisting with the supervision of ungovernable children. The JAM Unit works in concert with the Youth Relations Deputies (YRD) who monitor the behavior of juveniles on probation while they are in school. Any violation of the conditions of probation while in school may result in the immediate detention of the offender by the Youth Relations Deputy. If the YRD discovers a juvenile on probation has violated a condition of his or her court order to attend school without unexcused absences or disruption, and the YRD is not able to make contact with the offender at school, the YRD may have the JAM Unit Deputy respond to deal with the youth. This shall be part of the normal patrol duties of the JAM Unit Deputy. Likewise, if a JAM Unit Deputy is not able to make contact with a youth at his/her home, or the Unit has an active pick up order for the youth, and the youth is unable to be located, the JAM Unit Deputy may contact the YRD, SHOCAP, the Street Gang Unit or Road Patrol Deputies to assist in contacting and/or detaining the youth. The violation shall then be sent to the Juvenile Probation Officer for referral to the Court. If the decision has been made collectively with all involved, it may be recommended that the JAM Program juvenile be held in indirect contempt of court and sent to detention, or it may be recommended that a formal violation be submitted to the State Attorney for formal filing, at which time staffing and possible commitment to a Juvenile Placement Program may occur. The JAM Unit consists of three Deputies (two Deputies will be funded through Byrne Grant funding) and an analyst who are capable of providing services to approximately 100 juveniles. Deputies conduct random visits with probationers, provide weekly case management services to the family and initiate needed referrals to other agencies. The primary responsibilities of the JAM Unit Deputy will be to perform post-adjudication case enhancement and perform intense monitoring on the identified juvenile. In addition, the Deputy creates documents that identify the JAM juvenile and distributes them as part of the ongoing sharing of information between the CCSO community partners. The Deputy compiles, from community partners and other sources, any information pertaining to identified JAM juveniles. For later use by the Courts, this information will be placed in the JAM database to document the history. In addition, the Deputy creates documents that identify the JAM juvenile and distributes them to CCSO or the community partners network. The Deputy acts as a liaison between the JAM Unit, the ce'mmunity partners and the Department of Juvenile Justice in order to maintain a consistent exchange of information. An analyst monitors referrals from the Department of Juvenile Justice and the Court when a juvenile is assessed and accepted into the JAM Program. The analyst obtains the juvenile's criminal history and evaluate it by entering it into the database. When the analyst identifies a J~M juvenile, a file will then be created or retrieved on the juvenile and the information will be entered into the database prior to passing the case to the Deputy. Subject photographs will be obtained and notification forms will be sent to parents, DJJ, the State Attorney's Office and to the schools. Information will be collected on the JAM juveniles and analysis will be made on their trends and criminal activities. The Deputy and the community partners will utilize this information to assist in proactive monitoring of the JAM juveniles. FDLE Byrne Formula Grant Application Package Rule 11 D-9,006 Grant Application Section II - Page 9 OCJG - 005 (rev. 04/04/03) r°gram I Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proc 3. Proqram Obiectives and Performance Measure.-': Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410- 8700 for further guidance. Continue on a second page if necessary. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) 11C Intensive Supervision (#) (Title) bo List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Objective~ (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only I program area, Objectives from a different program area could be included as Project Specific Objectives). MANDATORY UNIFORM OBJECTIVES' 0biective 11C.01 Provide intensive probation supervision and case mana,qement service~ to 100 offenders. " During this reporting period, how many offenders were admitted into the intensive probation supervision and case management program? (This number should represent only those who. se supervision was INITIA TED during the reporting period. .., FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 1. All JAM enrollees will be referred through the referral process as set forth in the program 2. All JAM enrollees will complete the screening process as set forth by the JAM Unit and will be asked to sign and date the screening form. 3. All JAM enrollees will have their curfews checked at least three times.per week. 4. All JAM enrollees will have their school progress reported at least biweekly. 5. All JAM enrollees will have their neighbors and employers contacted on an as needed basis for updates on progress. 6. Referrals will be made to community partners for JAM enrollees who could benefit from the services of the community partnership network. Grant Application Section fl. Page 10 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~ 7. JAM Unit staff will provide data to an analyst to record data in JAM data base. Ob'ectivellC.02Provide case manaoement counselin,- to 100 -.arents of 'uvenile offenders. During this reporting pedod, how many parents of juvenile offenders received case management counseling? 1. All parents of enrollees will be briefed on JAM Program upon initial screening and will be asked to sign and date the screening form. 2. All parents will participate in monitoring process on a daily basis. 3. All parents will be provided contact numbers of JAM Unit personnel to be used as needed. 4. Referrals will be made to community partners for parents who could benefit from the services of the community partnership network. Ob'ective 11C.03 Establish 4 communitv restoration nroiects to be comr-leted b, 'uvenile offenders who violate their curfew During this reporting period, how many NEW community restoration projects were established? (This number should include only those project which were INITIA TED during this reporting pedod.) 1. Coordinate community restoration project with DJJ, local officials and/or civic organizations in the community. 2. Provide appropriate paperwork and documentation to DJJ for community restoration project. Ob'ectivellC.04Su ervise 48 'uvenile offenders assi~,ned to communi' restoration During this reporting period, how many juveniles were assigned to a community restoration project site ? (This number should include each juvenile that is assigned to a work site, NOT the number of hours or days worked.) 1. Assign juvenile offenders to community restoration project. 2. Coordinate appropriate paperwork for restoration projects to be held one project per quarter, 12 juveniles per project. 3. Coordinate transportation issues. 4. Supervise project. 5. Document project. 6. Follow up on project after event. FDLE By_~_~ Formula Grant A lication Packa e Rule 11 D-9.006 Grant A~_plication Section II. Page 11 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance 16J2 Florida Department of Law Enforcement ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pr Ob'ective 11C.05 Locate and rocess 30 robationers with outstandin During this reporting period, how many probationers with outstanding pickup orders were located and processed? 1. Communicate information with JAM personnel assigned to court proceedings and analyst for outstanding pick, up orders. 2. Process pick-up orders. 3. Provide data to DJJ and JAM personnel assigned to court proceedings for input in court hearings. FDLE B rne Formula Grant A lication Packa e Rule 11 D-9.006 Section II- Page 12 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance 2 Florida Department of Law Enforcement ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pr 4. Activi Im lementation Schedule. Complete the Activity Implementation Schedu-u~ ACTIVITY Submit Financial Reimbursement Requests Submit Financial Closeout Package Submit Quarterly Program Reports Submit Quarterly PGI Reports (If applicable) N/A showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for qu,arterly progra.m reports. Make a detailed listing of key activities under the heading Programmatic Activities." Your Quarterly_Performance Reports will be reviewed a.a_.gainst this schedule. October 1, 2003 - September 30, 2004 SU~Date - Endin D~ Administrative Activities Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY ACTIVITY Admit youth to program Provide services to youth Collect data for quarterly & evaluation reports Plan community service projects Implement community service Document data on JAM juveniles Provide data on JAM juveniles Refer applicable JAM juveniles Conduct urine screens for drug usage FDLE B rne Formula Grant A #cation Packa e Rule 11D-9.006 ~llcation Section II - Page 13 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance 16J2 Florida Department of Law Enforcement o~ ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pr Screen all arrests on JAM juveniles Appear at all Court hearings on JAM iuveniles Network with community partners X ) X X FDLE B rne Formula Grant A lication Packa e Rule 11 D-9.006 ~lication Section II- Page 14 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance ro ra~m Florida Department of Law Enforcement ~ne Memorial State and Local Law Enforcement Assistance Formula Grant P F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Salaries And Benefits $111,870 $37,290 Contractual Services $0 $o Expenses Operating Capital Outlay Indirect Costs $7,410 $0 $0 $119,280 Totals $2,470 $0 $39,760 Total $149,160 $0 $9,880 $0 $159,040 FDLE B rne Formula Grant A iication Packa e Rule 11D-9.006 Grant A__E~lication Section II - Page 15 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pacjes if necessary.) Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. a. Identify your specific sources of matching funds. The Collier County Sheriff's Office (CCSO) twenty-five (25) percent source of match will be from the Confiscated Trust Fund or general operating funds. b. Is match available at the start of the grant period? Yes c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) N/A The match source is from the CCSO. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No: If no, please explain. Yes: X If yes, please list number and title of position and type of benefits. There are two (2) certified Juvenile Arrest and Monitoring Deputy positions supported by this grant. The type of benefits that support this position are Incentive, FICA, - Retirement, Health/Dental Insurance, Life/Dismemberment Insurance, and workers compensation as outlined below. Indicate the OCO threshold established by the subgrantee. $750.00 If Indirect Cost is included in your budget please indicate the basis .for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. N/A If the budget includes services based on unit costs, be sure to provide a definition FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section II. Page 16 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram and cost for each service as part of the budget narrative for contractual services. Provide the following information. N/A a. What is the basis for the unit costs? b. How recently was the basis established Category/Description Salaries and Benefits Regular Salaries (2 positions) Overtime Incentive FICA @ 7.65% Retirement @ 18.44% Health/Dental Insurance Life/Dism..33% W/C 5.90% or updated? Federal Match Total $ 71,880 23,960 $95,840 750 250 1,000 1,800 600 2,400 5,693 1,897 7,590 13,725 4,575 18,300 15,000 5,000 20,000 195 65 260 2,827 943 . 3,770 $111,870 $37,290 $149,160 These are new positions in excess of the number of positions in the implementing agency at the time of first year funding for this Byme Grant. Contractual Services 0 0 0 Expenses Insurance - 2 liability @ $1,000 Insurance- 2 auto @ $840 Fuels & Lubes - 2 @ $1,700 Auto R & M - 2 @ $400 Misc. Office Supplies Operatine Capital Outlay 1,500 500 2,000 1,260 420 1,680 2,550 850 3,400 600 200 800 1,500 500 2,000 $7,410 $2,470 $9,880 0 0 0 Data Processing Indirect Costs Total Budeet Description: 0 0 0 0 0 0 $119,280 $39,760 $159,040 iSALARIES AND BENEFITR $149,160 Funds used to support payment of salaries and benefits for two Juvenile Arrest and Monitoring (JAM) Program Unit Certified Deputies will be dedicated to project activities. The two grant funded positions created with subgrant funds are in excess of the appropriated positions in the implementing agency at the time of the first year of this Byrne Grant. The projected base salary for the first grant funded JAM Deputy is $47,680 and the projected base salary for the second grant _ FDLE Byrne Formula Grant Application Packaj~e Rule 11D-9.006 Grant Application Section fl - Page 17 OCJG - 005 (rev. 04/04/03) 1.6,12 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement A~sistance Formula Grant Program funded JAM Deputy is $48,160. Benefits are listed on the previous page. A job description is attached. The two JAM Deputies will be responsible for: Reviewing cases for prosecutability of evaluating evidence, witnesses, technical merits, documentation and possible defenses; performing or coordinating necessary case enhancements and building cases for filing of charges and JAM Program prosecution; provide service type referrals to the JAM Unit juvenile and his/her family to assist in rehabilitation of JAM Unit juvenile; interviewing and taking statements from officers, witnesses and victims as needed; monitoring movements, activities and associations of JAM Program juveniles and documenting the same in case files; conducting surveillance of all types on assigned juveniles; participating in ongoing operations with CID Bureaus, Road Patrol Units, Street Gang Unit, and the juvenile Serious Habitual Offender Comprehensive Action Program (SHOCAP) Section in proactive investigations of JAM Program offenders; and being liaisons with the Department of Juvenile Justice, the Collier County Public Schools, and other community residents and organizations sharing information and jointly tracking and monitoring JAM assignees. CONTRACTUAL SERVICER $ 0 EXPENSES $ 9,880 Funds are needed for various expenses for the two Deputies. Funding for various expenses for two Deputies include liability insurance totaling $2,000; auto insurance @ $1,680; fuels and lubes @ $3,400; auto repair and maintenance @ $800; and miscellaneous office supplies including pens, pencils, paper, staples, drug kits, folders, etc. @ $2,000. OPERATING CAPITAL OUTLAY $. 0 DATA PROCESSING $ 0 INDIRECT COSTR TOTAL ~ $!59,040 · These project costs are not allocated or included as a cost to any other federally financed program. · These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. · These project costs are authorized by Federal or Florida Statues or local laws and regulations that are in effect at the time the subgrant is awarded. · These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. · These project costs are net of all applicable credits. · Federal funds will not be used to supplant State or local funds. · All project costs will be expended or obligated during the approved subgrant period. · Confiscated Trust Funds will be used for the local cash match. FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II - Page 18 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance ~ Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram FDLE Byrne Formula Grant Application Packaqe Rule 11D-9.006 Grant Application Section II - Page 19 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro,ram Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87, "Cost Principles for State= Local and Indian Tribal Governments", or OMB Circular A-21, 'Cost Principles for Educational Institutions". All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A- 110 and Florida law to be eligible for reimbursement. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the qJJarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) d;ys after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants.' A subgrant recipient shall submit either monthly or quarterly claims in order to report current I~roject costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II. Page 20 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c, Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the'subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. o Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program fun.ds. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement cf actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but ri'ct in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. FDLE Byrne Formula Grant Application Packaj~e Rule 11 D-9.006 Grant Application Section II - Page 21 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department cf Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or pumhased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. '~ 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shalLbe identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit-period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findihgs. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. The subgrant recipient shall have all audits completed by an independent Public Accountant (IPA). The FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II - Page 22 OCJG - 005 (rev. 04/04/03) 16J2 Edward Application for Funding Assistance Florida Department of Law Enforcement Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. The subgrant recipient shall ensure that audit working papere are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. Subgrent recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements cf OBM CircularA-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than Mamh 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Flodda Department of Law Enfomement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. If a project has not begun within ninety (90~ days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. Co Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating cimumstances, m. ay extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantin'e restrictions, stdkes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrent recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II- Page 23 OCJG - 005 (rev, 04/04/03) 1_6J2 Edward Application for Funding Assistance Florida Department of Law Enforcement B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram arises out of causes beyond the control, of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals ,~ a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in wdting within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's righ~ to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22, Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this ag~'eement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 24 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter'119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.$., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II - Page 25 OCJG - 005 (rev. 04/04/03) 6J2 Florida Department of Law Enforcement I Application for Funding Assistance Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program taken by the employing agency or by an authorized law enfomement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. Co This certification is a material representatiop of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. FDLE Byrne Formula Grant Application Packa¢le Rule 11 D-9.006 Grant Application Section fl - Page 26 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program do The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DO J, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title Ill), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the iNA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department.~ 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the acti~ty needs to be undertaken in order to use these subgrant funds, (1) (2) (3) (4) New construction; Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; A renovation, lease, or any other proposed use of a building or facility !hat will either (a) result in a change in its basic prior use or (b) significantly change its size; and Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 27 OCJG - 005 (rev. 04/04/03) 16J27 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program office, household, recreational, or educational environments. For any .of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of ~such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 28 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay-to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. bo Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective roeasures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; ' Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Sect/on II- Page 29 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or. other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 30 OCJG - 005 (rev. 04/04/03) 16j Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program Signature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida , Department of Law Enforcement Office of criminal justice Grants Signature: Typed Name and Title: Clayton H. Wilder, Community Program Administrator Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name °f .~~i~cOun? cOmmissiOn~ Signature: ,-----.~_/~./ '"' /' '~ ~ Typed Name and Title: Tom Hennin_o. Chairman, Collier County Commission Date: ,,.~'-//-~/C '% Typed ~ce S,gnatur~ '~,~,~1 Typed Name and Title: DonOr, Sheriff Date: May 9 ~ 2003 ATTEST:'. ' "" FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): × Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteda set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgr~.nt Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requ~e~l it to formulate, implement, and maintain such a Plan within 120 days after a subgra~ applica~ederal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized ~d~fficial Type Name:Tom Henninq Title:Chairman, Collier County Commission Subgrant Recipient:Collier County Commission Date: S :':.~r/.~ i/~''~ ATTEST: DWIGHT E. BROCK~LERK ~,.: ~'~-f~~~,~Attest, as to Chalr=an's ":.~ DepdtY Cle~ ~ f ] FDLE Byrne Formula Grant Application Package Rule 11D-9.006 EEO Certification Appendix IV- Page 2 of 2 OCJG - 006 (rev. 04/04/03) U.S. Departmen{ Office of Justice Programs Office.for Civil Right~ 16j2 August 16, 2001 Washington, D.C. 20532 Charmaine Steiner Collier County Human Resources Dept. 3301 Fast Tamiami Trail Naples, Florida 34112 Re: EEOP for Collier Count)' Dear Ms. Stein~r: The Office for Civil Rights has remewed and approved the Equal Employ~nent Opportunity. Plan (EEOP) which you submitted in accordance with the provision~ of your recent grant award. The plan that you submitted conforms to the Seven-Step Guide to the Design and Development of an Equal Employment Opportunity Plan, which is a guide to providing the essential information that the Depar~tnent of Justice requixes lbr our initial screening of your EEOP. The Depam,ent of Jushce regulations ibr developing a comprehensive EEOP may be found at 28 CFR § 42.301 et seq. Il'you have any questions regarding this matter, please contact the Office for Civil Rights at · (202) 307-0690. Sincerely, Michael L. Alston Acting Director Office for Ct,all Rights cc: Reggie Padgett, COPS MLA:deb . MEMORANDUM Date: To: From: Re: May 21, 2003 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Trish Morgan, Deputy Clerk Minutes & Records Department FY 2003/2004 Anti-Drug Abuse Grants Program -Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application Enclosed please find one (1) original document as referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on April 22, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures ITEM NO: FILE NO.:Sh F050~-~O_O/ ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: May 12, 2003 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Crystal K. Kinzel (Name) Re: Finance Director (Title] Sheriff's Office (Division) Finance Division (Department) Anti-Druq Abuse Grant Proqram application ( Sub] ect) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise0 and articulate). On April 22, 2003 the BCC approved Agenda Item 16J(2)and agreed to be the coordinating unit of government for Fiscal year 2003/2004 Anti-Drug Abuse Grant Programs (Edward Byrne Grant) and to execute the Certification of Participation. The BCC also agreed to approve the Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. One of the three Sheriff's Office fiscal year 2004 applications is attached for your review. The application is seeking first year federal funds for the Juvenile Court and Staffing Program. (Are there documents or other information needed to review this matter? If yes, attach md reference this information). Yes (4/22/03 agenda item 16J(2) THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. ) Legal approval of documents. OTHER COMMENTS C: Don Hunter, Sheriff Ail requests muse be copied to your appropriate Division Head or Constitutional Officer. ih/a: lejcspapp04 :l. 6J 2 AGENDA TRANSMITTAL SLIP I Date Submitted: 4/11/03 Requested Agenda Date: 4/22/03 i~enda Item iance Presentations Advertised Public Hearin (11) Public Comments on General )ics -- . . ., ~ '.~._.-' " ,7 ' · summary· A~enda : ".~m'Title: ~'~n'i -Grant'z"; List of PL of enda and Minutes Board of County Commissione ,m ] (t2)~ County. Attorney's Reporl~~ ..... '*. ...... and? CommuniC*ations.:.:. - ., . : --,- -- ,.7--,-~ ':. . 2:'* :'-' '!'' .'"::'" ' :~' -~:.2--':;..'/':-': -.'"? P~octamations ' Board o! ..... ~,::~:~ '.?*: .... -...:.::..&, X:<: (16) I ITEM NO: FILE NO. ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) 16J2 L, ul .O,,3 II l'I ".. Date: April 11, 2003 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Crystal K, Kinzel , Finance Director (Name) (Title) Sheriff's Office (Division) Anti-DruQ Abuse Grant Program (Subject) Re: Finance Division (Department) BACKGROUND OF REQUEST/PROBLF--M: (Describe problem and give background information - be specific, concise, and articulate). Fiscal year 2003/2004 Anti-Drug Abuse Grants Program (Edward Byrne Grant) grant funding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: Seek appointment of the Collier County Commission as the coordinating unit of government for Byrne Grants and execute the Certification of Participation. Approve Sheriff's Office fiscal year 2003/2004 Byrne Grant applications when completed. ~ · Approve acceptance of awards and associated budget documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information) . THIS ITEM HAS/HAS ~T BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION RE(~UESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of Certification of Participation. OTHER COMMENTS: C: Don Hunter, Sheriff Ail requests must be copied to your appropriate Division Head. or Constitutional Officer. 16J2 EXECUTI%FE S~Y RECOM/4END THAT THE BOARD OF COUNTY COMMISSIONERS SERVE A~ THE LOCAL COORDINATING UNIT OF G0VE~ IN THE FLORIDA DEPARTM]~NT OF LAW ENFORCE/~F-.NT'S A/~TI-DRUG ABUSE ACT FORMULA GRA1T~ PROGRAM. To seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONSIDERATION: 2. 3. 4. The Collier County Commission has participated in the Anti Drug Abuse grant (Edward Byrne Grant) program for fourteen years. The Collier County Program has proven to be a valuable project. The Florida Department of Law Enforcement has allocated $210,238 for State Fiscal Year 2004 Collier County grants. The Sheriff's Office will seek fifteenth year Edward Byrne Grants for authorized grant program areas including but not limited to Juvenile Intensive Supervision, Anti-Terrorism Training and Equipment, Community Crime Prevention, and Community Policing. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, the Sheriff's Office grant applications for fiscal year 2003/2004, to authorize acceptance of awards, and associated budget amendments. FISCAL IMPACT: Twenty five (25%) percent local matching funds, $70,079 drawn proportionate to share of funding received, from Confiscated Trust Fund Reserves (602- 919010-991000) or general operating funds as available. GROWTH MANAGEME~%~T: No recurring costs for subsequent years. RECOMME1TDATION: That the Collier County Commission agrees to be the local coordinating unit of government and authorize the Board Chairman to execute the Certification of Participation for fifteenth year funding, approve the Sheriff's Office grant applications for fiscal year 2003/2004, authorize acceptance of awards, and approve associated budget amendments. Certification of Confi$.cat~d Trust Fund Re=uest This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4) (a) Florida Statutes to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: DATE: April 11, 2003 16J2 CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2003 Date: Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines .. the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and LocaJ Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: ,'~ny~-,~ Title: Grant Coordinator E-mail address: qrant s~col 1 i ersheri ff. orq Agency: cn] 1 ~'~r (~n~ntv ,~h~rl ff'.~ C)ff~ m~ Address: 3301 Tamiami Trail East, Bldg. J-l, Telephone: 239-793-9346 County: Collier Date: An~ 1 q ~ 9(~(~q Naples, Fl. 341] 2 Sir,.cerely, Chair, Board of County Commissioners Enclosure 2 Byme Grant Program Announcement 16J2 Date: To: From: Re: September 19, 2003 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Trish Morgan, Deputy Clerk Minutes & Records Department Certificate of Acceptance - #04-CJ-J3-09-21-01-067 Certificate of ~Acceptance - #04-CJ-J3-09-21-01-068 Certificate of Acceptance - #04-CJ-J3-09-21-01-069 Enclosed please find one (1) original document for each item as referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on April 22, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures 16J2 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 04-CJ-J3-09-21-01-065 in the amount of $119,280, for a project entitled: Juvenile Arrest & Monitoring (JAM) Program 4 for the period of 10/01/2003 through 09/30/2004, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance and ag~emen~fnd special conditions governing this subgrant. ~lgnat~r~zO~Auth~ized. _ Official) (Date of Acceptance) Tom Henni~g (Typed Name of Official) Chairman, Collier County Board of County Commissioners (Typed Title of Official) Collier County 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B}/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram Please read instructions before completing this application. · The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. · The term "OCJG" refers to the Office of Criminal Justice Grants. · The term "subgrant recipient" or "subgrantee" refers to the goveming body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. · The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live OaK) · Instructions are incorporated in this document by reference. A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? Yes ~i No Project ID # I Program Area #: CFDA#: 16.579 If Yes, enter CJ Contract # of Previous Subgrant I SFY 2003 CJ Contract # SFY 2004 CJ Contract # 2003- CJ - __ - '__ 2004 - CJ - M - __ - __ - B. Applicant Information 1. Sub~]rant Recipient (Sub~lrantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission County Name of Chief Elected Official / State Agency Head: Tom Henning Collier Title: Chairman, Collier County Commission Address: 3301 Tamiami Trail East, Building F Area Code / Phone # 239-774-8393 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-774-8393 E-mail Address: Tom Henning@Collier§ov. net Area Code / Fax # 239-774-3602 2. Chief Financial Officer of Sub~]rant Recipient (Sub~]rantee) Name of Chief Financial Officer: James Mitchell County Collier Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza 111/2 Area Code / Phone # 239-774-8404 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-774-8404 E-mail Address: Jim Mitchell@colliergov.net Area Code / Fax # 239-774-6179 3. Implementing Agency - Name of Implementing Agency: Collier County Sheriff's Office County Name of Chief Executive Official / State Agency Head / Subgrantee representative Collier (if a subordinate agency of the subgrant recipient): Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J Area Code ! Phone # 239-774-4434 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-774-4434 E-mail Address: sheriff@colliersheriff.org Area Code/Fax # 239-774-5735 FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II- Page 1 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 4. Project Director Name of Project Director: John Rossi County (Implementing Agency Employee) Collier Title: Lieutenant (Youth/Prevention Services Division) Address: 3301 Tamiami Trail East, Building J Area Code / Phone # 239-793-9147 City, County, State, Zip Code Naples, Collier, Florida 34112 SUNCOM # 239-793-9147 E-mail Address: N/A Area Code / Fax # 239-530-9722 5. Contact Person Name of Contact Person: Joyce Houran County (if other than Project Director) Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code / Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-793-9346 E-mail Address: (~rants @colliersheriff.org Area Code/Fax # 239-793-9405 6. Person Responsible For Financial Reportincj (if known) Name: Joyce Houran County Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code / Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 2390793-9346 E-mail Address: qrants@colliersheriff.or§ Area Code / Fax # 239793-9405 7. Person Responsible For Programmatic Performance Reporting (if known) Name: John Rossi County · ~ Collier Title: Lieutenant (Youth/Prevention Services Division) Address: 3301 Tamiami Trail East, Building J Area Code / Phone # 239-793-9147 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-793-9147, E-mail Address: N/A Area Code / Fax # 239-530-9722 8. Service Provider Contact Person Name: N/A County Title: Address: Area Code / Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code / Fax # FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 2 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance I Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram C. Administrative Data 1. Project Title: Juvenile Court and Staffing Program I 2. Identify the year of the project (I, II, III, etc.) I 3. Project period I Start: October 1, 2003 lEnd: September 30, 2004 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in their office. If B2 is selected, do not reenter the contact information. This is only needed for desi,qnee. B2 X OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number: Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes~ No X 3. Frequency of Fiscal Reporting: Monthly X Quarterly_ 4. Subgrant Recipient FEID #: 59-6000-558 5. State Agency SAMAS #: N/A 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes No X Cash Advance: Will you request an advance?.~ Yes__ Amount No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II. Page 3 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro,fram E. Project Narrative Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. The problem to be addressed by the Collier County Sheriff's Office with subgrant funds is the lack of dedicated juvenile court and staffing management personnel to limit the effect of criminally active juveniles in Collier County, Florida. A Juvenile Court and Staffing Management Program is needed in Collier County. In an effort to limit the effect of criminally active juveniles the Collier County Sheriff's Office (CCSO) currently has two countywide juvenile delinquency programs (SHOCAP and JAM). The CCSO started the Serious or Habitual Offender Comprehensive Action Program (SHOCAP) in 1996. The SHOCAP initiative addresses serious or habitual offenders which typically encompasses 4-6% of all juvenile offenders. The Juvenile Arrest and Monitoring (JAM) Program was initiated in 2000 and addresses first or second time non-violent juvenile offenders. The SHOCAP program has served 799 juvenile offenders and the JAM Program has enrolled 255 youth. The community has been well served by these programs but there are more needs to be addressed for these programs. The Delinquency Unit (DU) is tasked with monitoring juveniles under Court supervision in Collier County who pose a potential threat to the community through their delinquent activities. DU Investigators monitor these juveniles for compliance with sanctions imposed by the Court, which typically include curfew, prohibited contacts with unapproved associates, attendance and behavior requirements at school, random drug screening, employment adherence to the law, and other restrictions. Juveniles are checked at home, work, school, and in the community. DU Investigators consult with YRD Deputies, employers, teachers, neighbors, and parents to learn as much as possible about their behavior, compliance, and other issues. Youth are held accountable for their actions, issued Notices to Appear, information for formal violations is submitted, and arrests are made as needed. There is a lack of program staff time to serve some juveniles that judges want in these programs. There are currently five full time CCSO Investigators serving the DU. The DU needs to have a specialized Investigator to manage juvenile court cases and staffings. The Investigator is needed to consolidate court and staffing responsibilities within the DU. Typically, there are between 70-90 active juvenile offenders assigned to the current five DU Investigators. Each Investigator is required to attend every court session and report all field notes to the juvenile judge. There are usually 5-10 juveniles enrolled in our programs who appear before the juvenile judge each day. DU Investigators are also required to FDLE B)~rne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II- Page 4 OCJG - 005 (rev. 04/04/03) 16J Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~ram attend each staffing for which one of our juvenile offenders is being considered for a DJJ program. Each Investigator is required to attend staffings for juveniles assigned to them. There are approximately five staffings per month. Each staffing requires approximately 2-3 hours of the Investigator's time. A juvenile court case/staffing program is needed to manage the daily court and staffing related issues that engulf so much time of the current five DU Investigators time. An additional Investigator needed to allow the CCSO to receive more court referrals into available programs. Judges, on many occasions request delinquents be referred to SHOCAP or JAM but due to the extensive number of hours the current Investigators have to spend in court and preparation for court and in staffings result in fewer hours they can spend with the delinquents. With the population of Collier County now over 250,000 and one of the fastest growing areas in the United States, the juvenile population increases about five percent a year. The current five Investigators are needed to accomplish duties throughout the 2,025 square miles in Collier County to manage juvenile investigations, apprehensions, arrests and monitoring. The addition of a DU Investigator dedicated to juvenile court and staffing management is needed to appear at court proceedings, to advise and make recommendations to the Court, and assist in formulating informed sanctions. The addition of this program and position will allow more proactive apprehension and monitoring time for current staff and will provide accountability in conveying to the Court information that has been compiled by the current Investigators. Attendance is needed at every Court appearance for every juvenile on our caseload. Only by doing so can we persuade the Court and the State Attorney's Office of the best course of action for the youth, such as additional sanctions, short term detention, or commitment to a juvenile program. A Juvenile Court and Staffing Program is needed to decrease the negative consequences of criminally active juveniles in Collier County, Florida. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section fl- Page 5 OCJG -005 (rev. 04/04/03) 16Jp Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if necessary; do not exceed three pages. The solution to this problem is the implementation of a Juvenile Court and Staffing Program. The Program would be staffed by an additional new Investigator who is a certified law enforcement officer. His/her responsibilities would eliminate or consolidate many tasks within the CCSO DU. The Investigator would attend all juvenile court sessions to eliminate each current DU Investigator's attendance. The Investigator would free up current DU Investigators and allow them to spend the majority of their time in the field. The Investigator would spend at least 25-30 hours per week (including preparation time) in the court. Additionally, the Investigator would attend all staffings with the Department of Juvenile Justice and serve as a link between the State Attorneys Office and the CCSO. The Investigator would gather additional statements, supplemental reports, and evidence to enhance the State Attorney's ability to prosecute juvenile delinquent cases. The Investigator would make available prosecution results to Sub-station Lieutenants and individual Deputies to keep them abreast of cases that have an impact in their districts. The Investigator would attend weekly meetings between the State's Attorney and Public Defender's Office where all juvenile offender cases are discussed. The Investigator would give valuable input to the plea negotiation process during these meetings and would participate in important diversion programsCsuch as the newly implemented "Juvenile Drug Court". The Investigator would be an active participant in the program so that all of the Drug Court members are fully informed as to each participant's background. The DU is an award winning unit that has consistently provided Collier County with progressive juvenile offender services. The SHOCAP and JAM Program were started with Byrne Grant Funds. The addition of a Juvenile Court and Staffing Program will only enhance our already successful DU. This program is needed and is currently not funded. We anticipate first year funding will cost around $87,557 for the salary and benefit costs of one new Investigator ($64,000), liability and auto insurance and miscellaneous office supplies ($2,057), and a fully equipped vehicle ($24,000). Funding would allow a law enforcement officer, dedicated to this new program, to go before the Judge to detail our findings, explain our reasoning, and to advocate our position on each case. The funds would provide the CCSO with the means to have a staff FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II. Page 6 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance I Florida Department of Law Enforcement I Edward B)/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram member that would impart determined and informed negotiations and interactions with Assistant State Attorneys, the Public Defender, probation officers, private attorneys, parents, youth, and Staffing Commitment Managers. The Investigator would be informed of the law, the available courses of action, the legal history of the youth, and the details of the case at hand. The program would provide time for case preparation, attendance at Staffings, pre-trial conferences, meetings, and direct communication with arresting officers. Articulate presentation to the Court is another fundamental necessity that will be met. Effective performance of this position requires the Investigator to be a Certified Law Enforcement Officer. These functions would be best performed by one representative. The man hours consumed by having the individual Investigators advocate their own cases are prohibitive and result in a less effective and efficient functioning DU. It either consumes excessive overtime, or leaves youthful offenders with inadequate and insufficient monitoring, the community, in turn, is left substantially unprotected from these juveniles. The Juvenile Court and Stafffing Program approach would be successful, and has gained the endorsement of the Court, the State Attorney's Office, and the Department of Juvenile Justice. The short-term goals for Juvenile Court and Staffing Program' will be to: 1. Attend all court appearances of DU. 2. Represent DU at all staffings of DU juveniles. 3. Attend all Juvenile Drug Court sessions.' 4. Represent DU in Juvenile Justice Council and CCSO Juvenile Coalition. 5. Coordinate JAM referrals and courtesy monitor referrals with Juvenile Court Judges and DJJ. Long-term JAM Unit goals over the upcoming year include: 1. Work with the Juvenile Court to continue to improve the rate at which the Court concurs with DU recommendations for disposition, detention, release, sanctions, or termination for monitored juveniles. 2. Improve coordination in juvenile 3. Prove improved communications regarding juvenile law and procedure among CCSO Deputies. 4. Continue to streamline CCSO record keeping and documentation for improved FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section II - Page 7 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram processing and tracking of juvenile cases. 5. Continue to have a positive impact on juvenile crime rates. The provider of services is the Collier County Sheriff's Office Delinquency Unit. There is not a grant funded service provider for this program outside of the Collier County Sheriff's Office. A Juvenile Court and Staffing Program Investigator job description is attached. Federal funding for project needs is requested in the amount of $46,125 for salary and benefit costs for one Deputy; expense costs for liability insurance, automobile insurance, miscellaneous office supplies, and for a fully equipped vehicle. Detailed costs are included in Section F. The Juvenile Court and Staffing Program will provide: 1. Intensive probation supervision and case management services to offenders. 2. Case management counseling to parents of juvenile offenders. 3. Establish community restoration projects to be completed by juvenile offenders who violate their curfew. 4. Supervise juvenile offenders assigned to community restoration project sites. 5. Locate and process probationers with outstanding pickup orders. The project is located within the 2,025 sfluare miles of Collier County. Services are provided to juveniles and their families throughout all areas of the county. This project will be organized to succeed by establishing goals and objectives that will result in outcomes that make Collier County a safer place to live. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II. Page 8 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro,ram 3. Program Objectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410- 8700 for further guidance. Continue on a second page if necessary. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) 11C Intensive Supervision (#) (Title) List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only I program area, Objectives from a different program area could be included as Project Specific Objectives). MANDATORY UNIFORM OBJECTIVES: Objective 11C.01 Provide intensive probation supervision and case manaqement services to 80 iuvenile offenders. During this reporting period, how many offenders were admitted into the inten,.~'ve probation supervision and case management program? (This number should represent only those Whose supervision was INITIA TED dunng the reporting period. Strategies: 1. Analyze juvenile arrest reports to identify qualified juvenile offenders. 2. Work with DU Investigators to represent their cases in court and at staffings. 3. Coordinate case intake and management with juvenile court and DJJ. 4. Analyze monitoring results for best methodology and optimum results in reducing recidivism. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 9 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram Objective 11 C.02 Provide case manaqement counseling to 80 parents of juvenile offenders. During this reporting period, how many parents of juvenile offenders received case management counse/ing ? Strategies: 1. Relay court results and implications with DU Investigators for informed counseling of parents. 2. Advise the court of parental response to ongoing monitoring and behavior of monitored juveniles. 3. Assist with staffings to inform commitment personnel of parental influence and response to monitoring of the juveniles. Obiective 11 C.03 Establish 2 community restoration proiects to be completed by juvenile offenders who violate their curfew. During this reporting period, how many NEW community restoration projects were established? (This number should include only those project which were INITIATED during this reporting period.) Strategies: 1. Relay information from community stakeholders to DU Investigators and DJJ regarding community restoration project. 2. Advise the court and commitment persennel of level of participation in projects by the designated youth. Objective 11C.04 Supervise 15 juvenile offenders assiqned to community restoration project sites. During this reporting period, how many juveniles were assigned to a community restoration project site? (This number should include each juvenile that is assigned to a work site, NOT the number of hours or days worked.) Strategies: 1. Coordinate input from community stakeholders to DU Investigators in specific projects. 2. Coordinate input from DU Investigators to project supervisors. FDLE Byrne Formula Grant Application Packacje Rule 11 D-9.006 Grant Application Section II - Page 10 OCJG - 005 (rev. 04/04/03) .... Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 3. Compile and disseminate results to juvenile court, DJJ, and grant personnel. 0biective 11C.05 Locate and process 20 probationers with outstandinq pickup orders. During this reporting period, how many probationers with outstanding pickup orders were located and processed? Strateqies: 1. Relay court orders to DU Investigators and law enforcement. 2. Expedite processing of court-issued pickup orders. 3. Disseminate information that. would assist in serving pickup orders to DU Investigators and other law enforcement personnel. 4. Advise the court and DJJ of information gathered from DU Investigators about juveniles requiring issuance of pick-up orders. FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II. Page 11 OCJG - 005 (rev. 04/04/03) 16J2 ' '1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Subgrant Period (Beginning Date- Ending Date) October 1,2003 - September 30, 2004 Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Submit Financial Reimbursement Requests X X X X X X X X X X X X Submit Financial Closeout Package X X X X X Submit Quarterly Program Reports (04) (04) (04) (04) Submit Quarterly PGI Reports (If applicable) N/A Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Attend Court Hearings X X X X X X X X X X X X Attend Staffings X X ~ X X X X X X X X X Coordinate work with YRD Deputies, employers, teachers, neighbors, & X X X X X X X X X X X X Admit youth to program X X X X X X X X X X X X Provide services to youth X X X X X X X X X X X ' X Collect data for quarterly & evaluation reports X X X X X X X X X X X X Plan community service projects X X X X X X X X X X X X Assist in implementing community service projects X X X X Document data on juveniles X X X X X X X X, X X X X Provide data on juveniles X X X X X X X X X X X X FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II. Page 12 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram Refer applicable juveniles X X X X X X X X X X X X Network with community partners X X X X X X X X X X X X FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section II - Page 13 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. Show all figures rounded to the next hi.qhest dollar; do not include cents. Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits $46,125 $15,375 $61,500 Contractual Services $o $0 $o Expenses $1,543 $514 $2,057 Operating Capital Outlay $5,790 $18,210 $24,000 Indirect Costs $0 '~ $0 $o Totals $53,458 $34,099 $87,557 FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section II - Page 14 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 2. Budget Narrative The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. bo You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pages if necessary.) Please respond to the following five items before providing the details of the Budget Narrative. Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. Identify your specific sources of matching funds. The Collier County Sheriff's Office (CCSO) twenty-five (25) percent source of match will be from the Confiscated Trust Fund or general operating funds. a. Is match available at the start of the grant period? Yes b. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) N/A The CCSO will provide the match source. 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No: If no, please e~xplain. Yes: X If yes, please list number and title of position and type of benefits. One certified Juvenile Court & Staffing Deputy Position. The type of benefits include Incentive, FICA, Retirement, Health/Dental Insurance, Life/Dismemberment, and workers compensation as listed below. 3. Indicate the OCO threshold established by the subgrantee. $750.00 If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. N/A If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. N/A a. What is the basis for the unit costs? b. How recently was the basis established or updated? FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section II. Page 15 OCJG - 005 (rev. 04/04/03) 16'J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement A, ssistance Formula Grant Pro~lram Category/Description Salaries and Benefits Regular Salaries (2 positions) Overtime Incentive FICA @ 7.65% Retirement @ 18.44% Health/Dental Insurance Life/Dism..33% W/C 5.90% Federal Match Total $32,550 10,850 $43,400 375 125 500 750 250 1,000 2,550 850 3,400 6,225 2,075 8,300 2,250 750 3,000 150 50 200 1,275 425 1,700 $46,125 $15,375 $61,500 This is a new position in excess of the number of positions in the implementing agency at the time of funding for this Byrne Grant. Contractual Services 0 0 0 Expenses Insurance- 1 liability @ $1,000 Insurance- 1 auto @ $840 Misc. Office Supplies Operating Capital Outlay 750 250 1,000 675 225 900 118 39 157 $1,543 $514 $ 2,057 $5,790 $18,210 $24,000 Data Processing 0 0 0 Indirect Costs v 0 0 0 Total $53,458 $34,099 $87,557 Budget Description SALARIES AND BENEFITS $61,500 Funds used to support payment of salaries and benefits for one Juvenile Court and Staffing Program I Certified Deputy will be dedicated to project activities. The grant funded position created with subgrant funds are in excess of the appropriated positions in the implementing agency at the time of this Byrne Grant. The projected base salary for the grant funded Deputy is $43,400. Benefits are listed on the previous page. A job description is attached. The Deputy will be responsible for: reviewing cases for prosecutability of evaluating evidence, witnesses, technical merits, documentation and possible defenses; consult with the State Attorney, coordinate necessary case enhancements and build cases for filing of charges and JAM and SHOCAP program prosecution; appear in court on behalf of the FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 16 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program JAM and SHOCAP programs, at arraignments, trials and sentencing seeking highest penalties; coordinate data and information obtained on JAM and SHOCAP program juveniles; provide appropriate referrals to JAM and SCHOCAP juvenile and family to assist in rehabilitation of juveniles; support the needs of witnesses for the prosecution and assist in orienting them to judicial procedures; interview and take statements from officers, witnesses and victims; monitor movements, activities and associations of JAM and SHOCAP Program juveniles through information received from Investigators and document same in case files; conduct surveillance of all types on assigned juveniles if required to assist Investigators; collaborate with the CID Bureau, the Road Patrol Units, and the Gang Unit with information for proactive investigation of JAM and SHOCAP Program offenders; and liaison with the Department of Juvenile Justice, the Collier County Public Schools, and other community residents and organizations. CONTRACTUAL SERVICES $ 0 EXPENSES $ 2,057 Funds are needed for various expenses for the Deputy. Funding for various expenses for the Deputy include liability insurance @ $1,000; auto insurance @ $900; and miscellaneous office supplies including pens, pencils, paper, staples @ $157 totaling $2,057. OPERATING CAPITAL OUTLAY $ 24,00O Funds are needed to support the cost of a fully equipped vehicle for the Deputy. The vehicle will include a cage, lights and sirens, push bar, console mobile data computer, PC mount, shotgun lock, flashlight, seat organizer, power outlets, equipment installation, any applicable markings, radios, etc. @ $24,000. Note: the Collier County Sheriff's Office will overmatch this item with local cash funds. DATA PROCESSING $ 0 INDIRECT COSTS $, 0 TOTAL $ 87,557 · These project costs are not allocated or included as a cost to any other federally financed program. · These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall FDLE Byrne Formula Grant Application PackajTe Rule 11 D-9.006 Grant Application Section II - Page 17 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B)~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram responsibilities. , These project costs are authorized by Federal or Florida Statues or local laws and regulations that are in effect at the time the subgrant is awarded. · These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. · These project costs are net of all applicable credits. · Federal funds will not be used to supplant State or local funds. · All project costs will be expended or obligated during the approved subgrant period. · Confiscated Trust Funds will be used for the local cash match. FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section II - Page 18 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87, "Cost Principles for State, Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the ~tuarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. bo Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11 ) are due thirty-one (31) days ~fter the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as 'final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grant~. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Application Packaqe Rule 11 D-9.006 Grant Application Section fl. Page 19 OCJG - 005 (rev. 04104/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 5o 6o o (4) (5) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule forState and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Departme~nt justifying the need for such funds. This request, including the justification, shall be either enclosed with th§ subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program fur~ds. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but hot in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 20 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro, 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant~recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall, be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Flodda Auditor General. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit'period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The FDLE Byrne Formula Grant Application Package Rule 11D-9.006 Grant Application Section II. Page 21 OCJG - 005 (rev. 04/04/03) 16J2 16. 17. 18. Edward Application for Funding Assistance Florida Department of Law Enforcement B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. eo The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM CircularA-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification cf Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the folloWing address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Flodda 32308 Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. If a project has not begun within ninety (90~ days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal wdtten amendment to this agreement. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence oflhe subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemY, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 22 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in wdting to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. 20. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, Transfers of funds above the ten (10) pement cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals ,~ a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's rigl~t to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work perfOrmed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II - Page 23 OCJG - 005 (rev. 04/04/03) 16J2 Edward Application for Funding Assistance Florida Department of Law Enforcement Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local cdminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense ofthe employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II. Page 24 OCJG - 005 (rev. 04/04/03) 16J2; Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram taken by the employing agency or by an authorized law enfomement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug a. Court Projects A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. 30. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representatk~n of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32, Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. FDLE Byrne Formula Grant Application Packable Rule 11 D-9.006 Grant Application Section II- Page 25 OCJG - 005 (rev. 04/04/03) 16J2 Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram 34. 35. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a currant EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agraement was made. if the subgrant racipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a currant wdtten EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). Any subgrant recipient or implementing agency raceiving a single grant award for $500,000 or mora OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is mora than two years old, an updated Plan must be submitted. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requiras certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department.,~ 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other ralated federal environmental impact analyses requiraments in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it. applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) (2) (3) (4) New construction; Minor ranovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; A ranovation, lease, or any other proposed use of a building or facility, that will either (a) result in a change in its basic prior use or (b) significantly change its size; and Implementation of a new program involving the use of chemicals other than chemicals that ara (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in FDLE Byrne Formula Grant Application Packable Rule 11D-9.006 Grant Application Section II - Page 26 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward B}/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program office, household, recreational, or educational environments. bo For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of' such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyinq Activities, according to its instructions. FDLE Byrne Formula Grant Application Packacle Rule 11 D-9.006 Grant Application Section II - Page 27 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Pro ra~m ~rne Memorial State and Local Law Enforcement Assistance Formula Grant (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay-to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 41. FDLE By_rne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section II. Page 28 OCJG - 005 (rev. 04/04/03) ___ 16J2 Application for Funding Assistance g~ Florida Department of Law Enforcement ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or 'other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Packajt~ Rule 11D-9.006 Grant Application Section II. Page 29 OCJG - 005 (rev. 04/04/03) --- 16J2 Application for Fund-"'""~ng Assistance Florida Department of Law Enforcement o~ ~ne Memorial State and Local Law Enforcement Assistance Formula Grant Pr In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Signature: Corrections on this page, including Strikeovera, whiteout, etc. ara not acceptable. ' State of Florida Department Of;~w Enforcement Office of Crimin~! JUstice Grants Typed Name and Title: Cia on H. Wild r Communi Pr ram Administrator Date: Authorizing Official of GOvernme~l Un/t (Commission Chairman, Mayor, or Designated RePresentative) ?:'~ypedNameofSub~antRecipi~: CollierC un Commis ion S~gnature Typed Name and Title: Tom Hennin hairm n Colli r unt C minis ion Date: ._3~/) ~/c: ~ impled~enting Agency Official, Administrator or Designated Representative Typed Na~[ementing Agency: oilier C un Sheriff's ffice Signat~ Typed Name and--*-*-T~b: -Don+tunt~'r Sheriff Date:_ M~7 1 c), ~(3t33 FDLE B rne Formula Grant A l/cation Packa e Rule 11 D-9.006 Section II - Page 30 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement o~ ~rne Memorial State and Local Law Enforcement Assistance Formula Grant Pr H. nature Pa~ In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. of FlOrida Law Enforcement 5f Criminal JUstice G~nta Signature: Typed Name and Title: Cia On H. Wilder C mmunit Pr r mAdmini t tor Date: A" SUbgrant Recipient umorizing OffiCiaI of Governme~l unit (Commission Chairman, Mayor, or Designated RePreSentative) :' ~.~Typed Name of Subg~ant Recipiel~: ~Collier County Commission Official, Adminis~rat~)r or Designated Representative Typed N~----°f'fr~ementing~gency;,Collier County Sheriff'S Office Signal' ~ Typed Name and Title:~ Date: Ha_v 3_9, 2003 ~e Formula Grant A //cat/on Packa e Rule 11D-9.006 ~l/cat/on Section II. Page 30 OCJG - 005 (rev. 04/04/03) 16J2 POSITION DESCRIPTION JUVENILE COURT & STAFFING DEPUTY POSITION DEFINITION: Performs all traditional and non-traditional investigative tasks with specific orientation to enhanced case management and pro-active operations related to the apprehension and prosecution of Juvenile Arrest and Monitor (JAM) and Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program offenders. SUPERVISION RECEIVED AND EXERCISED: Member of the JAM/SHOCAP Unit. Directly supervised by the Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Supervisor of the Youth and Prevention Services. Does not directly supervise others within the section but may exercise the authority of their rank (Corporal) as required. Generally self directed in routine procedural follow up of reactive case work. More closely supervised in matters related to proactive field operations. EXAMPLES OF DUTIESy Reviews cases for prosecutability of evaluating evidence, witnesses, technical merits, documentation and possible defenses. Consults with the State Anomey, performs or coordinates necessary case enhancements and builds cases for filing of charges and JAM and SHOCAP Program prosecution. Appears in court on behalf of the programs, at arraignments, thais and sentencing seeking highest penalties. Coordinates data and information obtained on JAM and SHOCAP program juveniles. Provide social services type referrals to JAM and SHOCAP Unit juvenile and family to assist in rehabilitation of JAM and SHOCAP Unit juveniles. Supports the needs of witnesses for the prosecution and assists in orienting them to judi;ial procedures. Interviews/takes statements from officers, witnesses and victims as needed. Monitors movements, activities and associations of JAM and SHOCAP Prograrh juveniles through information received from investigation Deputies and documents same in 'case files. Conducts surveillance of all types on assigned juveniles if required for court purposes. 16JZ Collaborates with CID Bureau, Road Patrol Units, and Gang Unit with information for proactive investigation of JAM and SHOCAP Program offenders. Liaisons with Department of Juvenile Justice, the Collier County Public Schools, and other community residents and organizations. EXPERIENCE AND TRAINING. Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Three years of highly responsible law enforcement experience as a peace officer. Training: Equivalent to the completion of the twelfth grade supplemented by specialized training in administration of justice, police science, public administration, or a related field. Knowledge of juvenile law. Knowledge of juvenile court procedures. Knowledge of juvenile justice procedures. License or Certificate: Possession of valid Horida driver's license. Possession of an appropriate Florida Police Standards Certificate. jh/a:JCSP JD 4/21/03 MAYOR BONNIE R. MACKENZIE VICE MAYOR GARY GALLEBERG 16d2 CITY COUNCIL R. JOSEPH HERMS WILLIAM R. MAcILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN April 22, 2003 Mr. Clayton Wilder Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2004 Byrne Grant Compliance~Florida Rule 9B-61.003(4)(d), F.A.C. Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the City of Naples approves the distribution of the $210,238 total allocation available of Federal Fiscal Year 2003 Byme Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT Collier County Anti Terrorism '~ ' Eqmpment and Training Program II (Coastal Defense Project) Juvenile Arrest & Monitoring (JAM) Program IV Juvenile Court & Staffing Program I DOLLAR AMOUNT $ 37,500 $119,280 $ 53,458 Sincerely, ~Td;R' MacKenzie 735 EIGHTH STREET SOUTH · NAPLES, FLORIDA 34102-6796 TELEPHONrE (941) 21,.7,-1000 . FAX (941) 213-1010 citycouncil @ naplesgov.com Pnntca on Rcc.vctcd Paper MAYOR BONNIE R. MACKENZIE VICE MAYOR GARY GALLEBERG 16J2 CITY COUNCIL R. JOSEPH HERMS WILLIAM R. M^cILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN April22,2003 Mr. Clayton Wilder Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2004 Byrne Grant Complianceh~rlorida Rule 9B-61.003(4)(d), F.A.C. Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the City of Naples approves the distribution of the $210,238 total allocation available of Federal Fiscal Year 2003 Byme Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOIYNT Collier County Anti Terrorism E~uipment and Training Program Il (Coastal Defense Project) $ 37,500 Juvenile Arrest & Monitoring (JAM) Program IV Juvenile Court & Staffing Program I $119,280 $ 53,458 Sincerely, /~7olre R' MacKenzie 735 EIGHTH STREET SOUTH · NAPLES, FLORIDA 34102-6796 TELEPHON'E (941) 213-]000 · FAX (941) 213-1010 citycouncil@ naplesgov.com P~nled on Rccvc ed Pr. per ~[ city vf ver, city P.O. Box I l0 Everglades City, Collier County, Florida 34139 City Hall 102 Copeland & Broadway Phone (239) 695-3781 Fax (239) 695-3020 April 22, 2003 Mr. Clayton Wilder Community Program Administrator Department of Law Enforcemem Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier. County FiScal Year 2004 BYrae:Grant C°niPli~eX'Fl°fida Rule 9B-61.063(4)(d), F.A.C. Dear Mr. Wi/der: . . In compliance with State of Ftorida Rule 9B~61:003(4)(d), F.A.C., the Everglades City approves the distribution of the//$210,238 total allocation avail ab l e of Federal Fiscal Year 2003 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE Collier County TITLE OF PROJECT Anti Terrorism. Equipment and (Coastal Defense Pf6ject) Juvenile Arre~ & Mbnitoring OAM) pr°gram rv . Juvenile Court &':~taffing Program I ::.Sincerely, :Sammy }-Yamilton, Jr. Mayor DOLLAR AMOUNT 37,500 $1t9,280 $ 53,458 Mayor City Clerk Sammy Hamilton, Jr. Dottle Smallwood City Atlomeys City of Zverg£aaCes City P.O. Box ] l0 Everglades City, Collier County, Florida 34139 City Hall 102 Copeland & Broadway Phone (239) 695-3781 Fax (239) 695-3020 16J2 April 22, 2003 Mr. Clayton Wilder Community Program Administrator Department of h aw Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal.Y~ 2004 Byme :Grant · c°mPliance~l°rida Rule 9BZ61!0tJ3(4)(d),. F.A.C. Dear Mr. Wilder: ' In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the Everglades City approves the distribution of the #$210,238 total allocation available of Federal Fiscal Year 2003 Byme Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE Collier County ::Fl TLE OF PROJECT Anti Terrorism Equipment and · :...,:.' ~rainin£ Program · · ~..- ': ~ ,., ...~g.~.. (Coastal Defense prOject) Juvenile Arrest & Monitonng (JAM) Program IV Juvenile Court & Staffing Program I DOLLAR AMOUNT $ 37,500 $119,280 $ ·53,458 Sammy Hamilton, Jr. Mayor Mayor Sammy Hamilton, Jr. City Clerk Dottle Smallwood City Attorneys Chris Lombardo / Tony Pin, s APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH 16J2 EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . (Select one of the following): · Meets Act Criteria _ Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): × Has a Current EEO Plan ... Does Not Have a Current EEO Plan X: Has included a copy of the current approval letter from the US DOJ I further affirAm that if the ~Jbgrant Recipient meets the Act criteria and does not have a current wri EEO Plan, I~deral law r~uires it to formu ate, imf)lament ~,,-~ --:-,-= .............. tten after a,~nt applic~J3~:,for.:federal a, ssistance i~ approv'e~l' 'o~r ,' ~'i~'s"s ~;d~r~i;~unndW~.n'n 120 days Signature of Subgrantee Authori_zed~:)fficial q/zz/o5 Type Name:~ Title:Chairman, Collier County Commission Subgrant Recipient.Collier County Commission Date: -S:/~:./c -~ FDLE Byrne Formula Grant Application Package Rule 11D-9.006 EEO Certification Appendix IV- Page 2 of 2 OCJG - 006 (rev. 04/04/03) U.S. Departmen~usfice Office of Justice Programs O.,tfice for Civil Rights 16J2 August l6,2001 Charmaine Steiner Collien Count)' Human Resources Dept. 3301 F,a~ Tamiami Trail Naples, Florida 34112 washingeon, D.C 20~3J Re: EEOP for Collier Count), Dear Ms. Steiner: The Office for Civil Rights has zeviewed and approved the Equal Employment Opportuni .ty Plan (EE. OP) which you submitted in accordance with the provisions of your recent, grant award. The plan that you submitted con:forms to the Seven-Step Guide to tl;e Design and Development of an Equal Employment Opportunity.Plan, which i,~ a guide to providing the essential information that the Depar~nent of Jt~tiee requ~es Ibr our initial screening o1' your EEOP. The Department of justice regulations for developing a comprehensive EEOP may be found at 28 CFR § a2.301 et' seq. ' ti'you have any questions regarding this matter, please contact the Offic~ for Civil Rights at (202) 307-0690. Sincerely, Michael L. Als'ton Acting Director Office for Civil Rights cc: Reggie Padgett, COPS MIA:deb 16J2 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~lram SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) (Select one of the following): · · · Meets Act Criteria ~Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): Has a Current EEO Plan ~Does Not Have a Current EEO Plan × ~Has included a copy of the current approval letter from the US DOJ I further affirm that if the ,Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan.~/federal law~.~quires it to formulate, implement, and maintain such a Plan within 120 days after.ant appli.~/~on for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Autho~Ti~d Official Type Name:Tom Hennino Title:Chairman, Collier County Commission Subgrant Recipient:Collier County Commission Date: _~-//2 L~,/~ ~ Appr~w~ a~ t~ form FDLE Byrne Formula Grant Application PackaEe Rule 11D-9.006 EEO Certific~_tfon Appendix IV- Page 2 of 2 OCJG - 006 (rev. 04/04/03) U.S. Department Office of Justice Programs O.f)~ce.£or Civil Right~ ~ UU~ Augustl6,2001 WaMn'ngton. D.C. 20532 Chatmaine Steiner Collie~ Count' Human Resources Dept. 3301 East Tamiami Trail Naples, Florida 34112 Re: EEOP for Collier Count}, Dear Ms. Stciner: The Office for Civil Rights has reviewed and approved the Equal Employment Opportuni .t'y Plan (EEOP) which you submitted in accordance with the provisions of your recent, gram award. The plan.that you submit'ted con.forms to the Seven-Step Guide to the E,'e,~ign and Development of an Equal .Employment Opportunity Plan, which is a guide to providing the essential information that the Depar~nent of Justice reo. uires 1bt our initial screening oi' your EEOP. 'i'ne Depanrr, ent of justice regulations for developing a comprehensive EEOP may be found at 28 CFR § 42.301 et: seq. (202)Ify°u307-0690.have any questions regarding this manet, please contact the Office. for Civil Rights at Sincerely, Michael L. Alston Acting Director Office for Ci~l Righls cc: Reggie Padgeu, COPS MLA:deb U.S. DepartmeO' Justice Office of Justice Programs- Office for Civil Rights 16J2 tVashington, D.C. 20531 November 14, 2002 Ms. Joyce Houran Grants Coordinator Collier County Sheriff's Office 3301 Tamiami Trail East Building- J Naples, Florida 34112 Re: EEOP for the Collier County Sheriff's Office Dear Ms. Houran: The Office for Civil Rights has reviewed and approved the Equal Employment Opportunity Plan (EEOP) which you submitted in accordance with the provisions of your recent grant award. The plan that you submitted is in substantial compliance with the S even-Step Guide to the Design and Development of an Equal Employment Opportunity Plan, which is a guide to providing the essential information that the Department of Justice requires for our initial screening of your EEOP. However, Io be in full compliance with your next submission, please provide more detailed narratives for Steps 5 and 6 of the Seven-Step Guide addressing any areas of underutilization reflected in the utilization chart. The Department of Justice regulations for developing a comprehensive EEOB may be found at 28 C.F.R. 42.301 et seq. Your approved plan is effective for two years from the date of this letter. If you have any questions regarding this matter, please contact the Office for Civil Rights at (202) 307-0690. Sincerely, Michael L. Alston Acting Director Office for Civil Rights cc: Alice James, OC Reginald Padgett, COPS MLA: lij SECTION TITLE: ORIGINAL ISSUE: APPLICABILITY: COLLIER COUNTY SHERIFF'S OFFICE OPERATIONS MANUAL CHAPTER A-4f SECTION 1 PURCHASING PROCEDURES AND GUIDELINES 16J2 5/01/94 REISSUED: AT.T. MEMBERS 4105199; 7/30/99; 4101/00 PURPOSE - The purpose of this Directive is to describe the procedures and guidelines for the purchase of equipment, supplies and capital acquisitions, as well as the negotiation and execution of leases, purchasing agreements and contracts by the CCS0, (all referred to herein inclusively as "purchasing"). 4.1.1 POLICY: It is CCSO policy to conform with all legal and ethical principles applicable to purchasing, clearly recording both cost effectiveness and fairness in its use of the public funds committed to its jurisdiction. 4.1.2 RESPONSIBILITY: ao The ultimate responsibility for all purchasing of the CCSO rests with the Sheriff alone as the Constitutional Officer heading the CCSO. Bo The Undersheriff or the Finance Director as the Sheriff's designees, shall approve or reject all requests for expenditures of funds less than $1,000.00 and subject to the limitations and exceptions set forth below. Where budget has been previously authorized the Finance Dir9ctor or Undersheriff may sign as authorization. Co In the absence of the Sheriff and Undersheriff, or in emergencies, the Finance Director may approve or reject requests for expenditures of funds, if in excess of $1,000.00. Waiver of any of the policies and procedures set forth herein may be made only by the Sheriff or Undersheriff in a situation wherein a determination is made in writing that the delay incident to following that policy or procedure will be detrimental to the interests of the CCSO's execution of its constitutionally required duties. 4.1.3 VALUE LIMITATIONS: Purchases of consumable office supplies, uniforms and accessories must be substantiated by a properly executed requisition form approved by a supervisor or Bureau Supervisor and processed (REUSED 4/01/00) CCSO OPERATIONS MANUAL 16J2 CHJkPTER A-4, SECTION 1, PAGE 3 Do 4.1.5 no (Reference Emergency Operations Manual, Chapter 19.00) The maintenance and repair of vehicles shall be implemented by the completed auto maintenance form. For information on the repair and maintenance of CCSO vehicles see Chapter 0-10, "Care and Use of CCSO Equipment." PURCHASE OF GOODS OR SERVICES FROM AGENCY MEMBER: Prior to allowing any CCSO member or any company in which a CCSO member, or a member of his/her immediate family has a beneficial interest to participate in the competitive bid process, the CCSO Purchasing Supervisor shall request written approval from the Sheriff. If the Sheriff approves the CCSO member, or his/her company, to bid on goods and services, the Purchasing Supervisor will add the Agency member, or his/her co.mpany, to the Approved Bidder's List. Once on the approved list, the member/company will be allowed to participate in any competitive bidding process conducted by CCSO for which their products or services are qualified. Ail such transactions shall be strictly governed by the requirements of FL.ST. Section 112.313 "Standards of Conduct for Public Officers and Employees and Local Government Attorneys." APPROVED ( R~VI SBO 3/14/03) =I'IEtVA,Vd SINFIO0~)¥ 'IVNI~II:::IO ljeriff . Iunter Collier County Govt. Complex, Bldg. J. 3301 Tamiami Trail, East, Naples, FL 33962 Telephone (813) 793-9338 PURCHASE ORDER FL $1~.T[ TAZ [I[14PT~ON NO' (33-OOO3d ,'Od-O;~ I 16J2 ORDER NUMBEF iAO SHIPP',NCd P~P[r'lt~ DIRECT ALL INVOICES TO THE ATTENTION OF: TO: DATE AUTHORIZATION SHIP TO: REQUIRED IREQ. NO. F.O.B. EMPLOYEE NO. PROJECT NO. 'FF, RMS MO: TO?AL This Order Subject to the Following Conditions This Pumhase Orcler is consi0erea to be a single contract. Payment will be macle uDon corn~let~on of total oraer. ~ DarliaJ payments will be macle withoul aotf"a:)~zatGor~. Purchase Or~er Number must appear on all inVOices, 13ackages. or co~resl3ondence. ~ Sheriff reserves the right lo cancel any Dotlion ol this orcler if not tilleO as sDecified. Oefecli~'~ goods will be IDrornoIly returned at your ex,oer~se and creOit laken. NI shipments lo be FOB Oestinstion. Payment will be maOe only in accordance with this o~er. corrections or Drice aOjuslmenls must be autho~zecl by the Purchasing Manage~ Dnor to shiof gOOO$. Discounts of IDroml~ Daymenl will be coml3uteci from ~3a{e of receil3t of goo¢15 or trorn date oJ rece~13t of inVOkes, whichever is later. II is agreecl, thai goods OelivereO shall comDly wilh all teOeral, state, or local laws relative thereto, anO that Ihe venaor shall (:le{encl actions o~ claims bn3~ ~ harmless the buyer from loss. cost. or Oamage by mason of aclual or altegecl infringements of lelter Dalent. SHERIFF DON HUNTER. COLLIER COUNTY 16J2 3301 Tamiami Trail East, BlOg - J, Naples, FL 34112 (239) 774-4434 www. colliersherifl.org Department of Law Enforcement Office of Criminal Justice Grants Business Support Programs Office 2331 Phillips Road Tallahassee, Florida 32308 Attn: Mr. Clayton Wilder Community Program Administrator Re: Signatory Authority Fiscal Year 2004 Byme Grant (Juvenile Court & Staffing Program I) Dear Mr. Wilder: April 22, 2003 This letter serves as my permission to the following Collier County Sheriff's Office staff, in my absence, for Byrne Grant document signatory authority: Chief William C. Stiess Finance Director Crystal K. Kinzel ~~ Sincerelx~ Jh/a:saatetjuct 1 "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta Mr. Clayton Wilder District 5 Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 July 17, 2003 O Re: Collier County Fiscal Year 2004 Byrne Grant Compliance~lorida Rule 9B-61.003(4)(d), F.A.C. Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the Collier County Board of County Commissioners approved the distribution of the $210,238 total allocation available of Federal Fiscal Year 2003 Byrne Grant Formula Grant Program funds to the Collier County Sheriff's Office. The Board approved the distribution on April 22, 2003 for the following Sheriff's Office projects within Collier County. TITLE OF PROJECT SUBGRANTEE ~'~' t~iflO~lier County ~,\~ .~ ...... ~ ~'., , ._ ~).~ , Anti Terrorism Equipment and Training Prograr~ II (Coastal Defense Project) Jm, enile Arrest & Monitoring (JAM) Program IV Juvenile Court & Staffing Program I Jr/a//51%bcclet DOLLAR AMOUNT $ 37,500 $119,280 Tom Henning, Chairman Collier County Board of County Commissioners $ 53,458 16J2 MEMORANDUM Date: To: From: Re: September 19, 2003 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Trish Morgan, Deputy Clerk Minutes & Records Department Certificate of Acceptance - #04-CJ-J3-09-21-01-067 Certificate of Acceptance - #04-CJ-J3-09-21-01-068 Certificate of Acceptance - #04-CJ-J3-09-21-01-069 Enclosed please find one (1) original document for each item as referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on April 22, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures 16J? State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The. subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 04-CJ-J3-09-21-01-067 in the amount of $53,458, for a project entitled: Juvenile Court and Staffing Program 1 for the period of 10/01/2003 through 09/30/2004, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement,s conditions of acceptance and agreement and speiial conditions governing this subgrant. (Slgnatu ized Official) (Date of Acceptance) Tom Henninq (Typed Name of Official) Chairman, Collier County Board of Cou~l.y Commissioners (Typed Title of Official) Collier County (Name of. -Sub.~rantee) .'~q'la'lralall $ ~~ Cotmt~ Attorne~ 16KI DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFIC AS OF DECEMBER 17, 2003 To: Clerk to the Board: Please place the following as a: Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS XX Normal Legal Advertisement / / Other: ....... ~ .... ~n etc ~ ~ naae disnlay ad. map attached, 18 poi~ 3/31/03 Originating Dept/Div: Planning Services Person:~ .~, f~~a=e: (Sign clear~; Petition No. (If none, give brief description): SE-2003-AR-3928 ASGM BUSINESS CENTER SCRIVENER"S ERROR Petitioner: (Name & address): Ray Bellows, Collier County Planning Services, 2800 North Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: Bruce Anderson, 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108-2771 (If more space needed, attach separate sheet) Hearing before: / AA / BCC ~ / BZA -~-- / Other Requested hearing date: 4/22/03 Based on advertisement appearin9 ~5 days before hearing. Newspaper(s) to be used: (Complete only if important / /, -- /XXXX/ Naples Daily News or legally required / /) ~ Other Proposed Text: (Include legal description a common location & size): AN ORDINANCE A54ENDLNG COLLIER COUNTY ORDINANCE NUMBER 02~7, WHICH ESTABLISHED TH~ ASG54 BUSINESS CENTER OF NAPLES PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLAR BOULEV~ (S.R.95 1) IN sEcqqoN ] 0, TOWNSHIP 5 1 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRXVEN~R'S ERROR RESULT~G 53{054 TH~ UN~FF~N~/ONAL OM54ISSXON OF TH~ CONCEPTUAL PUD 54AST~R PLAN, EXHXBFF "A", IN TH~ TRANS54FFFAL COPY OF TH~ ADOPTED PUD TO TH~ DEPARTMENT OF STATE AND BY PROVIDING FOR AN EPF~CTIV~ DATE. Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes ~ No /----~ If yes, what account should be charged for advertising costs: County Manager Department Hea~//~ .~, {~_/~te ~/~ ...... ____Date_____ DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved~ be sure that any necessary legal review~ or request for same~ is submitted to County Attorney before submittin~ to County Manager. The Manager's Office will distribute copies: /--~ County Manager agenda file; /------~ Requesting Division; /-------/Original to Clerk's office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Received 3/~ ~ f~ ~ Date Advertised ~ ' & -- O 3 Date ~'~-¥'p.H. 17A ORDINANCE NO. 03- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 02-47, WHICH ESTABLISHED THE ASGM BUSINESS CENTER OF NAPLES PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (S.R.951) IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL OMMISSION OF THE CONCEPTUAL PUD MASTER PLAN, EXHIBIT "A", IN THE TRANSMITTAL COPY OF THE ADOPTED PUD TO THE DEPARTMENT OF STATE AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02-47, which established the ASGM Business Center of Naples PUD on October 8, 2002, and WHEREAS, upon receipt of the Department of State's recorded copy of Ordinance No. 02-47 ASGM Business Center of Naples PUD, it was determined that the conceptual ASGM PUD Master Plan, Exhibit "A" to that Ordinance had not been transmitted with the PUD Document to the Department of State for recording; and WHEREAS, the October 8, 2002 agenda packet of the Board of County Commissioners contained the entire PUD document and conceptual PUD Master Plan; and WHEREAS, the omission of the conceptual ASGM PUD Master Plan, Exhibit "A" in the transmittal copy to the Department of State constitutes a scrivener's error, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT Ordinance Number 02-47, ASGM Business Center of Naples PUD is hereby amended to include the conceptual PUDMaster Plan, Exhibit "A" which is attached hereto, and incorporated by reference herein as Exhibit "A". SECTION ONE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Ma~o-~e M. Student Assistant County Attorney 17A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN SE-2003-AR-3928/RB/sp 2 m> \ L PROPERTY LINE 17A March 31, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-03-AR-3928 Dear Georgia: Please advertise the above referenced petition on Sunday, April 06, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Marie Clos, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board~ of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 02-47, WHICH ESTABLISHED THE ASGM BUSINESS CENTER OF NAPLES PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (S.R. 951) IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL OMMISSION OF THE CONCEPTUAL PUD MASTER PLAN, EXHIBIT "A", IN THE TRANSMITTAL COPY OF THE ADOPTED PUD TO THE DEPARTMENT OF STATE AND BY PROVIDING FOR AN AFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTEs All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By! /s/Marie Clos, Deputy Clerk ( SEAL ) April 1, 2003 Mr. Bruce Anderson 801 Laurel Oak Drive Suite 300 Naples, FL 34108-2771 Re: Notice of Public Hearing to Consider Amending Collier County Ordinance No. 02-47:SE-03-AR-3928 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 06, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure Patricia L. Mor~lan To: Subject: Georgia (E-mail) Advertising - SE-03-AR-3928 17A Hi qeorgia, Please advertise the attachedon Sunday, April6, 2003. Thankyou, Trish Minutes e~ Pffcorcls SE-03-AR-3928,doc SE-03-AR-3928.doc Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Tuesday, April 01,2003 9:14 AM Patricia L. Morgan Delivery Status Notification (Relay) A'I-F63319.txt Advertising - SE-03-AR-3928 qT~is is an automaticatTy generated (De£ivery Status 27Zotification. fi.our message has 6een successfugy refayeaC to the fo£bwing recipients, 5ut the requested aCeFivery status notifications may not 6e generated by the aCestination. (egaFaOnapfesnews. corn Patricia L. From: Sent: To: Subject: an System Administrator [postmaster@naplesnews.com] Tuesday, April 01,2003 9:13 AM Patricia L. Morgan Delivered: Advertising - SE-03-AR-3928 17A Advertising - SE-03-AR-3928 < < fiarverti, n'n~ - S~E-O3-ftq(-3928> > (~our messa~te cio: qeorgia (~E-mai0 SuSject: fiaCvertisin~t - sqs-o3-fiq(-3928 Sent: Clue, I fipr 2003 09.'I3:57-0500 was aCe£ivereaC to the folrowinB recipient(s): [e~ta[s on clue, I fipr 2003 09:12:55-0500 NapLes Daily News Naples, FL 34102 Affidavit of Publication NapLes Daily Hews BOARD OF COUNTY COflMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126~9 58637493 NOTICE OF INTENT TO State of Florida County of CoLLier Before the undersigned authority/ personaLLy appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County/ FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples/ in said Collier County/ FLorida, for a period of q year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISNEO ON: 0~/06 AD SPACE: 126.000 INCH FILED ON: 0~/07/03 Signature of Affiant *~ .... / Sworn to and Subscri bed ~:e ~.-e~~]~ Personally known by me _ Donna Ch es ney Expires Sel~embe Hay of 11,2~5 NOTICE OF INTENT TO CONSIDER ORDINANCE t~tlce Is hereby giver st On Tuesday, Aprl 22, 300S, in the Board. room, SKI Floor, Admtn Istraflon Building, Col 41er County eovemmen' Center, 3301 East Tamia the Board of Count commissioners will sider ~ ~ O_T.~ County Ordinance. 1n4 at 9~00 A.M. The tree the p.r~poeed Ordinance AN ORDINANCE AMEND- lNG COLLIER COUNTY ORDINANCE NUMBER 02- : EAST SIDE o COLl. I R BOULEVAR ~OOWt~g ) iN SECTION 1( r A ~c~r~ENE~· t~SULTING FROI PUD TO 'THE DEPART- MENT OF STATE AND BY PROVlDINQ FOR AN AF- FECllVE DATIL ' I Collies of the proposedI .Ordinance ere on fuel with the Clerk to thel Board and are svallablel lng to spesK o.n a.ny t~r with the county mlnistrator prior to pro. sentation of the agend.~ Item to be addresseD. Individual speaker) ~lll be limited to S mmute: on an~( item. The selec- tion of an Individual to speak, on behalf of a.n orgamzatlon or group ~s encourag.e.d. If r. ecog- nlzed by me Chm.rman, & spokesperson, for grou~or orgamzatlon may oe allo~.' 10 min- utes to speak on an item, ~eraons wishing ave written or graph materials Inc uded ets must submit sa. material a minimum or weeks prior to .the .ri spectlve pUblic nserm In any _~,ase, written .ma- terials Intended to De b Board sha~e su[m~ed to the appr.oP)'.lete Cgunty staff a mm~mum*oT sew en days prior to theI ter~l ~ed m-presento-I tions before the Boardl Any person Who decld-/ es to apoeal a decision/ of tt~ a~cl will need s/ .record ~ .th.e pt..oeeC-/ rags pertaining thereto./ ~ th~.m~y n.ese/ to ensure t~at s verl)a-/ tim record of the pro-i tlmony &fid evidence ~spl~l~hlch the appeal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAR- ~HT, E, BROCk, A C~e~Marle Clos, Oep- L) APril 6 No, ORDINANCE NO. 03- 15 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER 02-47, WHICH ESTABLISHED THE ASGM BUSINESS CENTER OF NAPLES PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (S.R.951) IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL OMMISSION OF THE CONCEPTUAL PUD MASTER PLAN, EXHIBIT "A", IN THE TRANSMITTAL COPY OF THE ADOPTED PUD TO THE DEPARTMENT OF STATE AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02-47, which established the ASGM Business Center of Naples PUD on October 8, 2002, and WHEREAS, upon receipt of the Department of State's recorded copy of Ordinance No. 02-47 ASGM Business Center of Naples PUD, it was determined that the conceptual ASGM PUD Master Plan, Exhibit "A" to that Ordinance had not been transmitted with the PUD Document to the Department of State for recording; and WHEREAS, the October 8, 2002 agenda packet of the Board of County Commissioners contained the entire PUD document and conceptual PUD Master Plan; and WHEREAS, the omission of the conceptual ASGM PUD Master Plan, Exhibit "A" in the transmittal copy to the Department of State constitutes a scrivener's error, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT Ordinance Number 02-47, ASGM Business Center of Naples PUD is hereby amended to include the conceptual PUDMaster Plan, Exhibit "A" which is attached hereto, and incorporated by reference herein as Exhibit "A". SECTION ONE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22.rtl day of /ld)c[ I ,2003. % · c 3' .. ... D~tIGHT.E. BR'~K, Clerk Mmjo~e M. Student Assistant County Attorney BOARD OF COLINTY COMMISSIONERS COLLIER C~TY, ~,~/IDA TOM HENNING, CHAIRMAN q-22-0~ S E-2003-AR-3928/RB/sp 2 , STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-15 Which was adopted by the Board of County Commissioners on the 22nd day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County..C~s~i o~e r s By: P~tr%cla L. ;Morgan, .q</.. . ..qx?% .c . XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) ~ Originating Dept/Div: Comm.Dev. Serv./Plan~ing Person: Michael Bosi Date: ~ [ ~ ~/O 3 Petition No. (If none, give brief description): CU-2002-AR-2866, Creative Homes of SWFL Inc. Petitioner: (Name & Address): Marlo Valle, Creative Homes of SWFL Inc., 12355 Collier Blvd., Ste. F, Naples, FL 34116 Name & Address of any person(s) to be notified by Clerk's Office:Same as above. before [] BCC [] BZA [] Other Requested Hearing date: ~ / ~-~/~ Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: CU-2002-AR-2866, Mario Valle, representing Creative Homes of S.W. Florida, Inc., requesting Conditional Use 7 of the "E" Estates zoning district for earthmining for lake excavation per Section 2.2.3.3, for properties located at 4225 31 u Avenue N.E. and 4235 31 ~t Avenue N.E., in Section 21, Township 48 South, Range 28 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 113-138312-649110 ( iewed by:~ ~//~~~ .~ h~/~ 5 Approved by: Depar~e~ead' Dattet County Manager List Attacht~ents: Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: 03 Date Received: 3-al-0--3 Date of Public hearing: RESOLUTION NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.3.3 in an "E" Estates Zone for a lake excavation on the property hereinafter described, and has found as a matter of fact, Exhibit "A", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as CU-2002-AR-2866, filed by Mario Valle, of Creative Homes of SWFL, Inc., with respect to the property hereinafter described: Tract 73, Unit 67, in Golden Gate Estates, as recorded in Plat Book 5, Page 89, of the Official Records of Collier County, Florida, be and the same is hereby approved for Conditional Use "7" of Section 2.2.3.3. of the "E" Estates Zoning District for lake excavation in accordance with the Conceptual Master Plan, Exhibit "B", and subject to the conditions shown in Exhibit "C." All exhibits are attached hereto and incorporated by reference herein. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjori0~Vl. Student Assistant County Attorney Attachments: Exhibit A. Exhibit B. Exhibit C. CU-2002-AR-2866/MB/Io Findings of Fact Conceptual Master Plan Conditions for approval FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2866 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or __ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT A EXHIBrrB CONDITIONS OF APPROVAL CU-2002-AR-2866 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 5. 6. 7. 10. 11. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development Code. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit. Blasting shall not be allowed. The excavation will be limited to a bottom elevation of 20 feet below original grade. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. The applicant must obtain a clearing permit prior to any on-site clearing. The owner(s) of the project site/land must provide/construct the left and right turn lanes as determined by Transportation Staff at the access point(s) to, from, and for the project site. This must be done prior to the commencement of any work, and with the full understanding that any violation(s) will result in immediate work stoppage, the project site being shut down, a claim being made under the performance bond(s), and no '*Notice To Proceed" will be provided until such time as the construction the required improvements takes place. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of assuring that any roadway damage incurred as a result of the project will be repaired at the owner's expense. Therefore, the owner of the project site/land must post a letter of credit or cash bond in the amount of $25,000 prior to the commencement of the project. Contractor(s) and/or trucking company(s) must carry insurance coverage meeting or exceeding all Collier County minimum requirements. These coverage minimums include: a. Workers Compensation- Statutory minimum b. Commercial General Liability - $1,000,000 CU-02-AR-2866 CONDITIONS OF APPROVAL EXHIBIT C c. Automobile Liability - $1,000,000 d. Collier County named as an additional insured on b. and c. 17B ,:i 12. Traffic signage must be provided/placed in front of the access point(s) to, from, and for the project site. The minimum design requirements will be as follows: a. The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD), and Standard Highway Signs Manual b. The signs will be double post mounted c. The warning signs will be a minimum of 48-inches by 48-inches with yellow background/black legend d. The supplemental plates will be a minimum of 24-inches by 30-inches with yellow background/black legend, mounted on the roadside sign post e. The legends (wording) for said signs will be maximized for legibility f. There will be one of each sign type on each directional approach g. The signs have yellow flashing beacons mounted on the top of the roadside sign post h. The signs have red flags mounted on the shoulder side signpost i. The signs read as follows: i. "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s) located 2000 feet in front of affected intersection(s); ii. '~I'RUCKS ENTERING AND LEAVING ROAD", sign(s) with "1500 FEET" plate(s) located as indicated; iii. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET" plate(s) located as indicated; iv. "TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "500 FEET" plate(s) located as indicated; v. "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s). 13. The hours of operation will be limited from (no tracks will leave the project site earlier than) 9:00 A.M. to (no tracks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. 14. The number of haul trucks must not exceed four per hour, twenty-four per day. 15. The haul tracks must use the approved haul route as provided by Creative Homes. 16. The excavation project permit is only to excavate the 32,000 cubic yards of material from the project site. 17. The following information regarding the littoral zones will be required to be shown on the plan submitted with the excavation permit: a. Calculations of required littoral planting area; b. Cross-sections of littoral planting areas showing control elevation and slope; c. Standard exotic removal note; and d. Clearing Plan. CU-02-AR-2866 CONDITIONS OF APPROVAL EXItIBIT C March 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2002-AR-2866 (Creative Homes of SWFL Inc.) Dear Georgia: Please advertise the above referenced notice on Sunday, April 6, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account # 113-138312-649110 17B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, A~ril 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-2002-AR-2866, Mario Valle, representing Creative Homes of S.W. Florida, Inc., requesting a Conditional Use "7" in the mE" Estates Zoning District, for earth mining for lake excavation, pursuant to Section 2.2.3.3 of the Collier County Land Development Code for properties located at 4225 31st Avenue N.E. and 4235 31st Avenue N.E., in Section 21, Township 48 South, Range 28 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk (SEAL) 17B March 24, 2003 Mario Valle Creative Homes of SWFL, Inc. 12355 Collier Boulevard Suite F Naples, FL 34116 Re: Notice of Public Hearing to Consider Petition CU-2002-AR-2866 Dear Petitioner: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals@naplesnews.com ATTN:GEORGIA RE:CU2002-AR2866 thonks! cu-2002-or-2866 CU-2002-AR-2866. doc CU-2002-AR-2866, doc Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Monday, March 24, 2003 12:47 PM Ted Michaels Delivery Status Notification (Relay) A-I-r379585.txt A'FrN:GEORGIA RE: CU2002-AR2866 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, March 24, 2003 12:46 PM Teri Michaels Delivered: ATTN:GEORGIA RE:CU2002-AR2866 17B ATTN:GEORGIA RE: CU2002-AR2866 <~ATTN:GEORG:[A RE:CU2002-AR2866>> Your message To: legals~naplesnews.com Subject: A TTN:GEORGT. A RE:CU2002-AR2866 Sent: Man, 24 Mar 2003 12:47:04-0500 was delivered to the following recipient(s): legals on Man, 24 Mar 2003 12:46:23 -0500 ATTN:GEORGIA RE:CU2002-AR2866 Page 1 of 1 Tod Michaols From: legals [legals@naplesnews.com] Sent: Monday, March 24, 2003 2:54 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:CU2002- rcvd to run 4/6 georgia ..... Original Message ..... From: Teri Michaels [mailto:Teri. Michaels@clerk.collier.fl.us] Sent: Monday, March 24, 2003 12:47 PM To: legals@naplesnews.com Subject: ATTN:GEORGIA RE:CU2002-AR2866 thanks! cu-2002-ar-2866 <<CU-2002-AR-2866.doc>> <<CU-2002-AR-2866.doc>> 3/24/2003 ~apLes Daily He~s NapLes, FL Affidavit of Publication Naples DaiLy 17 B BOARD OF COUNTY COMNISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL ~I01-3(Y16 REFERENCE: 001230 113q38312649 58637262 NOTICE OF PUBLIC HEA State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, ~n Collier County/ FLorida: that the attached copy of advertising was published ~n ea~d newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples/ in said Collier County/ FLor~da~ and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in sa~d Collier County, FLorida, for a period of q year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pr~mised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publ~ction ~n the said newspaper. PUBLISHED ON: C~/06 AD SPACE: F[LED ON: 107.000 I~CH Signature of Affiant .~ - ....... [~ ~ - Personally knc)~n by ' V"~ ?' ~~/'~/Z,.- --j Donna Cheeney ~ NOTICE OF PUBLIC HE~R, lNG Notice Is hereby given hearing on Tuesd.qV, _April ~ 2e~a~ In the muardroom, ard Floor, r,;omer county Govern. mont. Center, 3301 East Tammml Trail, Ngl~eS~ The :Beard wilt cooflde~ Petltlan ef S.W. ~ ~' guesting O. ~SS "7"-In ~ ~Ea ES. fot~ Zoning District, fo earth mining ~or lek excavation, pursuant Section ~3~3.3c~ the Col ties located at Avenue N.E. and 423. 31st Avenue N.E., h Section 21, Township 41 NOTE: All Persons wishing fo speak on any tel. with fne qoun. ty mln!st~.ator grlor to pre. semaflon of the agenda Item fo be addressed. Individual speakers will be limited fo $ minutes on any_ Item, The selec- tion of an Individual to speak on behalf of an arganizatlml ar group encouraged. If recog. nlzed bV the Chglr,.a spokesperson ~tor a group or organization may be alloftid 10 mln. utes to speak on an Itom. Persons wishing fo have .wrl.ffen or graphic ma- fermis Included In the Board agenda packets must su§mlt ~ald ma. terlal a minimum of 3 weeks prior to the re. spectlve pubtlc, hearing. In OI1¥ c~ wriTTen mo- terlals Intended fo'be a minimum of seven days prier fo the public hearing. All material used In presentations before t~e Boardwlll be- Come a permanent part of the retard. 'An,/ person who .d.ecldes. fo appeal a dac~s~on the Board will need a re- cord of the I)roceedlngsl Rertalnlng thereto andj merefers, ;may ~teed tgi ensure t~ e~verbaflml record of the procood-I Ings ls made, which re.i cord Includes the fosfl-I monv and evldencel BOARD OF COUNTYI COMMI$1SONERS ¢OL.I.I~R COUNT¥~ TOM NBNNI~O, O-lAIR. D~ICHT E. By: /S/Terl Mlchueh RESOLUTION NO. 03- 15 3 178 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF LAKE EXCAVATION CONDITIONAL USE "7" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.3.3 in an "E" Estates Zone for a lake excavation on the property hereinafter described, and has found as a matter of fact, Exhibit "A", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, identified as IZU-2002-AR-2866, filed by Mario Valle, of Creative Homes of SWFL, Inc., with respect to the property hereinafter described: Tract 73, Unit 67, in Golden Gate Estates, as recorded in Plat Book 5, Page 89, of the Official Records of Collier County, Florida, be and the same is hereby approved for Conditional Use "7" of Section 2.2.3.3. of the "E" Estates Zoning District for lake excavation in accordance with the Conceptual Master Plan, Exhibit "B", and subject to the conditions shown in Exhibit "C." All exhibits are attached hereto and incorporated by reference herein. 1 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this oQ,,~, day of ~ ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA MarjoriO M. Student ' Assistant County Attorney Attachments: CU-2002-AR-2866/MB/lo Exhibit A. Exhibit B. Exhibit C. Findings of Fact Conceptual Master Plan Conditions for approval FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2866 The following facts are found: 1. Section 2.2.3.3.7. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will adversely affect other property or uses in the same district or neighborhood because of: A. not Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBITB 178 LAKE CONDITIONS OF APPROVAL CU-2002-AR-2866 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102). Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation, or other construction related activity, an historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped, and the Collier County Code Enforcement Director shall be contacted. 5. 6. 7. 10. 11. This excavation shall comply with the requirements of Division 3.5. Excavation of the Land Development Code. This Conditional Use shall expire 24 months after the date of issuance of the Clearing Permit. Blasting shall not be allowed. The excavation will be limited to a bottom elevation of 20 feet below original grade. An exotic Vegetation Removal, Monitoring and Maintenance Plan for the site shall be submitted to Planning Services Section Staff for review and approval prior to any excavation work beginning on the site. The applicant must obtain a clearing permit prior to any on-site clearing. The owner(s) of the project site/land must provide/construct the left and right turn lanes as determined by Transportation Staff at the access point(s) to, from, and for the project site. This must be done prior to the commencement of any work, and with the full understanding that any violation(s) will result in immediate work stoppage, the project site being shut down, a claim being made under the performance bond(s), and no "Notice To Proceed" will be provided until such time as the construction the required improvements takes place. There is currently a $25,000 bond requirement in place for all excavations. This bond is for the purpose of assuring that any roadway damage incurred as a result of the project will be repaired at the owner's expense. Therefore, the owner of the project site/land must post a letter of credit or cash bond in the amount of $25,000 prior to the commencement of the project. Conu'actor(s) and/or tracking company(s) must carry insurance coverage meeting or exceeding all Collier County minimum requirements. These coverage minimums include: a. Workers Compensation - Statutory minimum b. Commercial General Liability - $1,000,000 CU-02-AR-2866 CONDITIONS OF APPROVAL EXH~IT C c. Automobile Liability - $1,000,000 d. Collier County named as an additional insured on b. and c. 12. Traffic signage must be provided/placed in front of the access point(s) to, from, and for the project site. The minimum design requirements will be as follows: a. The signs must all comply with the Manual on Uniform Traffic Control Devices (MUTCD), and Standard Highway Signs Manual b. The signs will be double post mounted c. The warning signs will be a minimum of 48-inches by 48-incbes with yellow background/black legend d. The supplemental plates will be a minimum of 24-inches by 30-inches with yellow background/black legend, mounted on the roadside sign post e. The legends (wording) for said signs will be maximized for legibility f. There will be one of each sign type on each directional approach g. The signs have yellow flashing beacons mounted on the top of the roadside sign post h. The signs have red flags mounted on the shoulder side signpost i. The signs read as follows: i. "SLOW MOVING VEHICLES AHEAD", sign(s) with from and to times of day plate(s) located 2000 feet in front of affected intersection(s); ii. 'WRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1500 FEET" plate(s) located as indicated; iii. 'WRUCKS ENTERING AND LEAVING ROAD", sign(s) with "1000 FEET" plate(s) located as indicated; iv. '°TRUCKS ENTERING AND LEAVING ROAD", sign(s) with "500 FEET'' plate(s) located as indicated; v. "END COMMERCIAL TRUCK ZONE", (rectangular shaped) sign(s). 13. The hours of operation will be limited to those associated with the Commercial Excavation Permit and Haul Activity from (no tracks will leave the project site earlier than) 9:00 A.M. to (no tracks will leave the project site after) 3:00 P.M, with no activity on Sundays and Holidays. 14. The number of haul trucks must not exceed four per hour, twenty-four per day. 15. The haul tracks must use the approved haul route as provided by Creative Homes. 16. The excavation project permit is only to excavate the 32,000 cubic yards of material from the project site. 17. The following information regarding the littoral zones will be required to be shown on the plan submitted with the excavation permit: a. Calculations of required littoral planting area; b. Cross-sections of littoral planting areas showing control elevation and slope; c. Standard exotic removal note; and Clearing Plan. CU-02-AR-2866 CONDITIONS OF APPROVAL EXI-IIBIT C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) ~' Petition No. (If none, give brief description): VA-2002- AR-3191, Dawn Winters Petitioner: (Name & Address): Law Offices Of Frederick Kramer, Frederick Kramer, Esq., 950 N. Collier Blvd., Suite 201, Marco Island, Fl. 34145 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Dawn R. Winters, 112 Moon Bay St., Naples, Fl. 34114 Heanng before [] BCC I-, BZA [] Other Requested Hearing date: April 22,2003, based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News D Other [] Legally Required Proposed Text: (Include legal description & common location & Size: VA-2002-AR-3191, Frederick Kramer, Esq., representing Dawn Winters, requesting an after-the-fact variance to the front and both side yard setbacks. The petitioner is requesting to reduce the front yard from the required 25 feet to 15.85 feet; to reduce the north side yard from the required 7.5 feet to 3.25 feet; and to reduce the south side yard from the required 7.5 feet to 4.7 feet to allow the existing house to remain as it is. The subject property is located at 112 Moon Bay Street, Lot 112, in Section 15, Township 51 South, Range 26 East, Collier County Florida. This property consists of 0.144- acres and is located in the Port Au Prince Subdivision. Companion petition(s), if any & proposed heating date: Does Petition Fee include advertising cost? 113-138312-6491 I0 List Attachments: [] Yes [] No If Yes, what account should be charged for advertising costs: ,.~a~t/e 40 Approved by: County Manager DISTRIBUTION INSTRUCTIONS Ao Date County. Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. CLERS:'S OmCE USE ONLY: ta Date Received: .?- / '7- e3 Date of Public hearing: .t~t'~'O3 Date Advertised: q-~'OJ For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: REQUI~ED 7.5 FEET TO 4.7 FEET ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of an after-the-fact variance from the required front yard setback of 25 feet to 15.85 feet, and from the required north side yard setback of 7.5 feet to 3.25 feet, and from the required south side yard setback of 7.5 feet to 4.7 feet, as shown on the attached plot plan, Exhibit "A", in an MH Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition VA-2002-AR-3191 filed by Law Offices Of Frederick Kramer, representing Dawn R. Winters, with respect to the property hereinafter described as: Lot 112, Port au Prince Subdivision, in Section 15, Township 5 ! South, Range 26 East, Collier County Florida. be and the same hereby is approved for an after-the-fact variance from the required front yard setback of 25 feet to 15.85 feet and from the required north side yard setbacks of 7.5 feet to 3.25 feet, and from the required south side yard setback of 7.5 feet to 4.7 feet, as shown on the attached plot plan, Exhibit "A", of the MH Zoning District wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3191 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney TOM HENNING, CHAIRMAN VA-2002-AR-3191/RG/sp WATERWAY set 1/2' IRON RO0: POINT ON UNE S 00'59'08' W 60.00' ~4' VaOE CONCRLrZE ~EAWALL ./~ALK~ ,~x--x ..-x.----x -x ..x~x x~,~ ,,~ ~ F'ENC~ POST: I FF..NC:~ POST: / ~ 0.95' 50UTH ~' 0.~' sOUTH k"'-. 1.65' LOT 112 11.90' o 23.45' ~ .: ci t SET 1/2' 'IRON RI:X) POINT ON BEARINGS SHOWN HERE( ARE BASED ON THE CENTERLINE OF MOON B, STREET AS BEING SOO'Sg'oB'w. AS SHOW ON RECORD PLAT. LOT 110 Z SET IRON SLAB 12.45' EAST 9.00' 11,55' SINGLE STORY MO61I¢ HOME RESIDENCE: WIIH VINYL SIDING 112 MOON BAY STREET 23.75' 4..3' MDE CONCRETE WALK 00'5g'08' W 15.10' 15.10' bJ LOT 114. O.40' SOUIH 10.25' EAST F'ND PK NAIL &: DISK ~6646 (8E:A,qING MOON BAY STREET Exhibit "A" PLATrED P~RMANENT Ru.~E~CE blONUMENT March 18, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: VA2002-AR3191 Dear Georgia: Please advertise the above referenced notice on Sunday, April 6, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA-2002-AR-3191, Frederick Kramer, Esq., representing Dawn Winter, requesting an after-the- fact variance to reduce the front yard from the required 25 feet to 15.85 feet; to reduce the north side yard from the required 7.5 feet to 3.25 feet; and to reduce the south side yard from the required 7.5 feet to 4.7 feet to allow the existing house to remain as it is. The subject property is located at 112 Moon Bay Street, Lot 112, in Section 15, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 0.14+ acres and is located in the Port Au Prince Subdivision. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLUER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES. FLORIDA 34101-3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS March 18, 2003 Frederick Kramer, Esq. 950 N. Collier Blvd. Suite 201 Marco Island, FL 34145 Re: Notice of Public Hearing to consider Petition VA2002-AR3191 (Dawn Winters) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COllIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST RO. BOX 413044 NAPLES, FLORIDA 34101..3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS March 18, 2003 Dawn R. Winters 112 Moon Bay Street Naples, FL. 34114 Re: Notice of Public Hearing to consider Petition VA2002-AR3191 (Dawn Winters) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals@naplesnews.com ATTN:GEORGIA RE:VA2002-AR3191 thanks! VA2002-AR3191.do c VA-2002-AR-3191, doc Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Tuesday, March 18, 2003 10:09 AM Teri Michaels Delivery Status Notification (Relay) ATT279460.txt A'Iq'N:GEORGIA RE: VA2002-AR3191 This is an automatically generated Delivery Status l~lotification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, March 18, 2003 10:09 AM Teri Michaels Delivered: ATTN:GEORGIA RE:VA2002-AR3191 A'I-DN :GEORGIA RE: VA2002-AR3191 <<ATTN:GEORGT. A RE:VA2002-AR3191>> Your message To: legols~naplesnews.com Subject: ATTN:GEORGZA RE:VA2002-AP,3191 Sent: Tue, 18 AAar 2003 10:08:22 -0500 was delivered to the followin9 recipient(s): legals on Tue, 18 Mar 2003 10:08:39 -0500 ATTN:GEORGIA RE:VA2002-AR3191 Teri Michaels From: legals [legals@naplesnews.com] Sent: Tuesday, March 18, 2003 2:05 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:VA2002-AR3191 rcvd april 6 ok georgia ..... Original Message ..... From: Teri Michaels [mailto:Teri. Michaels@clerk.collier.fl.us] ~ent: Tuesday, March 18, 2003 10:08 AM To: legals@naplesnews.com Subject: ATTN:GEORG[A RE:VA2002-AR319Z thanks! <<VA2002-AR3191 .doc>> <<VA-2002-AR-3191 .doc>> 3/19/2003 NapLes DaiLy Neus NapLes, FL 34102 Affidavit of PubLication Naples Daily Hews BOARD OF COUNTY CONHISSIONERS CHERI LEFARA PO BOX &13016 NAPLES FL 3Z~101-3016 REFERENCE: 001230 113138312649 58637216 NOTICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily Ne~s/ a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida/ and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate/ commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 0~/06 AD SPACE: t16.000 INCH FILED ON: C~/07/03 Signature of Affiant~ '~-~(~~~"L~~-4~ S~orn to and Subscribed ~b~e me Personally kno~ by ma ~ ~nna Chesty ~ ~ My C~mts~on D~563~ ~ ~ ~pires ~em~ 11. ~5 NOTICE. OF' PUBLIC HEARING NotiCe Is hereby given that the Board ~ Coun. tv Comml~ers o~ Col. Iler CoUnty will hold , public hoarlng on Tue, day, April 22, 2003. I the Boardroom, 3r Floor, Admlnlstratlo Building, Collier Count' Government Center 3301 ~ Tomlaml Tral Naples,. Florida. Th. meeting will begln The Board will consider Petition VA-2002-AR- 3191, Frederick Kramer, ESq,( representtnR Dawn w. Inter, requesting an otter-the-tact variance to redace the 'front yard from the regulred 25 feet to .t5.85 fie:t;., to re- duce · e north sma yard frem the required 7.5 feet to 3.25 feet;, and to reduce the south side yard from the requlred 7.f feet to 4,7 feet to al. Iow the extsflng house to remain as It Is. The subject property Is locat- ed at 112 Moon Bay Street, Lat 112, In Sec- tion 15; Township 51 Seu h,__Ean~. 26 E t, co,l co, , Fl l o'. This properly consists of 0,14+ ~cres and Is Io. cared In the Part Au Prlnce Subdlvlllan, NOTE: All Persons wishing to speak on any ~gend~ Itom must foals. tar with the County mlnlsh*~or re'lot to pre- sen~tlan of the agenda Iteml m to be'addressed. Indlvldaal speakers will be limited to 5 minutes on any Item. The sMec, tlon of an Individual to speak an behalf of an or- ganlzatlon or group Is encouraged. If recog- nlzed by the Chglr, a spokesperson tar a group or organization may oe allotted 10 min- utes to speak on an Item. Persons wishing to have .wrl.ffgn .or .graPhic ma- terlms ~ncluded In the Board agenda i)ackets must submIt said matert. al a minimum of 3 weeks prior to the re. sgectlve pUblic ..hearing. In anv cole, wrnTen r(la. terlals Intended to be consldare<l by the Boarc~ shall be subrnlffed to the apprgm:.lato ~ staff a minimum of seve~ days prior to the gubllc hearing. All material used In presentations be- fore the Board wUlbe. Any person who decides to appeal a .decision ot the Board will need a re co~d of ffm m'oceedlngs pertaining thereto aK therefore~ may need ensure ~at a verbatim record of the proceed-I lags Is made, whtch re- card Includes the test. .many and evldencel upon which the appeal Is based. BOARO OF COUNTY CO~I$1$ONER$ 1 COLLIER COUNT¥,I FLORIDA TOM HENNING, CHAIR-I I DWIGHT E. BROCK, CLERK By: /S/Terl Mlchaels, I RESOLUTION NO. 03- 15 4 17C RELATING TO PETITION NUMBER VA-2002-AR-3191, FOR AFTER-THE-FACT VARIANCES TO REDUCE THE FRONT YARD FROM THE REQUIRED 25 FEET TO 15.85 FEET; TO REDUCE THE NORTH SIDE YARD FROM THE REQUIRED 7.5 FEET TO 3.25 FEET; AND TO REDUCE THE SOUTH SIDE YARD FROM THE REQUIRED 7.5 FEET TO 4.7 FEET ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after-the-fact variance from the required front yard setback of 25 feet to 15.85 feet, and from the required north side yard setback of 7.5 feet to 3.25 feet, and from the required south side yard setback of 7.5 feet to 4.7 feet, as shown on the attached plot plan, Exhibit "A", in an MH Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition VA-2002-AR-3191 filed by Law Offices Of Frederick Kramer, representing Dawn R. Winters, with respect to the property hereinafter described as: Lot 112, Port au Prince Subdivision, in Section 15, Township 51 South, Range 26 East, Collier County Florida. be and the same hereby is approved for an after-the-fact variance from the required front yard setback of 25 feet to 15.85 feet and from the required north side yard setbacks of 7.5 feet to 3.25 feet, and from the required south side yard setback of 7.5 feet to 4.7 feet, as shown on the attached plot plan, Exhibit "A", of the MH Zoning District wherein said property is located, subject to the following condition: 17C Should thc subject structure be destroyed by any means to an c×tent of more than its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the Planning Services Director, it shall not be reconstructed except in conformity with the provisions of the Collier County Land Development in effect at the time of destruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2002-AR-3191 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~o,~ day of ~ ,2003. ATTEST: DWIGHT E, BROCK, CLERK AP~r~ed as to form Patrick G. White Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA VA-2002-AR-3191/RG/sp 17C WATERWAY S 00'59'08' W 60.00' 4-' WIDE CONCRETE SEAWALL/WALK x SET 1/2'i ) FENCE POST: FENCE POST: / : )SET 1/2' IRON RO0~ 0.55' SOUTH 0.95' SOUTH" 'IRON ROD /~555I ~ ~555 POINTUNE ONm ; 6.00. ~ LOT 112 × PO,NTL,NE ON i 6.50' -.. _~= %5 ,1.90' o 2~.~5' ~ 15.05' > ~- SINGLE STORY MOBILE J HOME RESIDENCE WlTH > ~NYL SIDING Ul~ 112 MOON BAY STREET > _ 9.00' ~ - .~.95' 0 15,10' ~ I~1 Z 5'10' 9'00' 2'55'i ~ > ~ C~RORT H ~ CHAINUNK  ~ ~ FENCE . ' 11.55' 25.75' 15.10' ~ (~ICAL) SET 1/2' ~ SET 1/2' ~RON R~ ~RON ROD ~355 8~0.~' ) S ~9'08' W 60.~' SLABt ~ ~ ~ o~ O~ > ~ ~ ~ ~ ~ FENCE POST: 0.~' SOU~ u ~ ~ 10.25' EAST FENCE POST: 0.75' SOU~ ~ EDGE Of PAVEME  (BEARING BASE) FND PK NAIL ~,s~ MOON BaY STREET ~j~6646 BEARINGS SHOWN HEREON ARE BASED ON THE CENTERUNE OF MOON BAY STREET AS BEING S00'59'08'W, AS SHOV~N ON RECORD PLAT. Exhibit "A" PLATi'ED PERMANENT REFERENCE MONUMENT NOTICE: This ' Pk WJ~NING: This '1: NOTtC~ There ma NOT[~ ** Thb S ** C~$t¢ ** U UliUe ~ S~ba ~o., DE AC'. 17' o8/'14/o2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ~ ~, ~t, Normal legal Advertisemcnt ['-]Other:. (Display Adv., location, etc.) Originating Dept/Div: Comm. Dev. Serv./Planning ~Person: Rick G-rigg 2800 North Horseshoe Dr. i~ ~ ~:l~_., ~=d2:~Naples, Fl. 34104 Put name & phone number in advertisement. Date: March 19, 2003 Petition No. (If none, give brief description): AVPLAT2003-AR3774 (CARILLON TRACT A) Petitioner: (Name & Address): Banyan Woods, LLC 5811 Pelican Bay Boulevard, Suite 208 Naples, Fl. 34102 (239)659- 5731 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) PMS Inc. of Naples 2335 Tamiami Trail North, Suite 408 Naples, Fl 34103 2) See llst of abutting owners. Hearing before ~t' Vt Vt BCC BZA Other Requested Hearing date: APRIL 22, 2003 Newspap~(s) to be used: (Complete only if important): Vt Vt Vt Naples Daily News Other Legally R~quired Proposed Text: (Include legal description & common location & Size: PETITION AVPLAT2003-AR3774 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO PORTIONS OF THE DRAINAGE EASEMENT LOCATED IN TRACT "A", ACCORDING TO THE PLAT OF "CARILLON" AS RECORDED IN PLAT BOOK 21, PAGES 59 THROUGH 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT TWO RELOCATION DRAINAGE EASEMENTS WITHIN SAID TRACT "A." LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Vt Vt Vt Yes For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 113-138320-649030 De]y'artment Director Date [] No If Yes, what account should be charged for advertising costs: Approved by: · County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBITS "A" & "B" 2) SEE LIST OF ADJACENT OWNERS DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head ~pproval before submitting to County Manager. Note: If legal document is involved, be sure that any n~_,~_sary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: Vt Vt Vt County Manager agenda file: Vt Vt Vt Requesting Division Vt Vt Vt Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, training a copy for file. FOR CLERK'S OFFICE USE ONLy: DateReceived:~DateofPublicheafing:'~'~,3-'~ DatoAdvertised: '~-~.~ ~' '~-/3 RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVPLAT2003-AR3774 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO PORTIONS OF THE DRAINAGE EASEMENT LOCATED IN TRACT "A", ACCORDING TO THE PLAT OF "CARILLON" AS RECORDED IN PLAT BOOK 21, PAGES 59 THROUGH 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT TWO RELOCATION DRAINAGE EASEMENTS WITHIN SAID TRACT "A." LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Jennifer Castillo, from PMS Inc. of Naples, as agent for the petitioner, Banyan Woods, LLC, does hereby request the vacation of two portions of the Drainage Easement in Tract "A" according to the plat of "Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier County, Florida, and to accept two relocation Drainage Easements on a portion of Tract "A" of said "Carillon;" and WHEREAS, the Board has this day held a public hearing to consider vacating two portions of the Drainage Easement in Tract "A," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following two portions of the Drainage Easement in Tract "A" are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the two relocation Drainage Easements within Tract "A", more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the relocation Drainage Easements for the two Drainage Easements in Tract "A" vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of 2003, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 EXHIBIT "A" SHEET I OF 5 AVPLAT2003-AR3774 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE VACATED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF ~ PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01°00'37"W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINI. JE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 4.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO ~ RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N.84°17'48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°10'46", A CHORD BEARING OF N.86°06'51"E., AND A CHORD LENGTH OF 4.47 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77°36'28'', A CHORD BEARING OF N.47°24'00"E., AND A CHORD LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.08°35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 81 °30'01", A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG TIlE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAID CURVE; THENCE S.89°54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON, SAID POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE S.00°07'01"W., ALONG SAID EASTERLY LINE, A DISTANCE OF 28.00 FEET TO ~ POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 90000'00'', A CHORD BEARING OF S.45°0T01"W., AND A CHORD LENGTH OF 70.71 FEET; TI-tENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID 1 OF5 17D EXHIBIT "A" SHEET 2 OF $ AVPLAT2003-AR3774 DRAINAGE EASEMENT AND THE END OF SAID CURVE; THENCE N.89o52'59"W., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 102.13 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.18 ACRES, MORE OF LESS. COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE N.00°07'01"E., ALONG THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°54'52'', A CHORD BEARING OF N.58°34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81°07'50'', A CHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 81°11'03', A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48°50'05'', A CHORD BEARING OF S.87°19'23"E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE, SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°58'15"W., A DISTANCE OF 44.97 FEET; THENCE N.31°49'18"W., A DISTANCE OF 30.59 FEET; THENCE N.69°07'54"W., A DISTANCE OF 28.88 FEET; THENCE S.74°15'36"W., A DISTANCE OF 65.04 FEET; THENCE S.38°53'30"W., A DISTANCE OF 71.31 FEET;'THENCE N.77°41'29"W., A DISTANCE OF 21.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 16°42'15'', A CHORD BEARING OF N.86°02'36"W., AND A CHORD LENGTH OF 34.86 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 34.99 FEET; TIffENCE S.85°36'16"W., A DISTANCE OF 26.62 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 43°17'10'', A CHORD BEARING OF N.72°45'09"W., AND A CHORD LENGTH OF 7.38 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 7.55 FEET; THENCE N.51°06'34"W., A DISTANCE OF 85.74 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 47o04'29'', A CHORD BEARING OF N.27°34'20"W., AND A CHORD 2 OF5 SHEET 3 OF 5 AVPLAT2003-AR3774 LENGTH OF 3.99 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.11 FEET; THENCE N.04°02'05"W., A DISTANCE OF 23.44 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 46055'35", A CHORD BEARING OF N.27°29'53"W., AND A CHORD LENGTH OF 55.74 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 57.33 FEET TO TH~ POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 89°51'06', A CHORD BEARING OF N.06°02'07"W., AND A CHORD LENGTH OF 7.06 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.84 FEET; THENCE N.38°53'26"E., A DISTANCE OF 75.20 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 03°36'14", A CHORD BEARING OF N.37°05'19"E., AND A CHORD LENGTH OF 13.84 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 13.84 FEET; THENCE N.35°17'12"E., A DIST.~uNCE OF 28.99 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 06°14'11", A CHORD BEARING OF N.38°2z~'17"E., AND A CHORD LENGTH OF 19.58 FEET; THEN~CE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 19.59 FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 49°54'53', A CHORD BEARING OF S.46°08'17"E., AND A CHORD LENGTH OF 129.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 133.57 FEET TO THE END OF SAID CURVE; THENCE S.71°05'46'E., ALONG SAID EASTERLY LINE, A DISTANCE OF 109.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 87.10 FEET, A CENTRAL ANGLE OF 24°19'50', A CHORD BEARING OF S.83°15'38'E., AND A CHORD LENGTH OF 36.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.99 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 94°25'28', A CHORD BEARING OF S.48°13'03'E., AND A CHORD LENGTH OF 58.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 65.92 FEET TO THE END OF SAID CURVE; THENCE S.01°00'37'E., ALONG SAID EASTERLY LINE, A DISTANCE OF 54.65 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 69°16'02", A CHORD BEARING OF S.33°37'34'W., AND A CHORD LENGTH OF 45.47 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 48.36 FEET TO THeE POINT OF BEGINNING. PARCEL CONTAINS 1.04 ACRES, MORE OF LESS. THE TOTAL AREA OF THE LAND DESCRIBED IS 1.22 ACRES, MORE OR LESS. 3 OF5 EXHIBIT "A" SHEET 4 OF 5 AVPLAT2003-AR3774 BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~------~,~, "~ 01/07/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY ttn-~:.-' PROOFED BY ~ Z'.LEGAL DESCRIPTIONS/0095/LAKE MODIFICATION LEGALSXLM&DE.LWP (SEE ATTACHED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENT.DWG) 4OF 5 EXHIBIT "A" LE~IEND SHEET 5 OF 5 P.O.B POINT OF BEGINNING P0.C P0]NT Tlr EONHENEEMENT AVPLAT2003-AR3774 Ii · . " z / SEALD I' = 4"~"- .. / .: , THIS EXHIBIT MAY .,q: '~-*- .... x ~_~ ii[ / / ~'~?-~ '' i ~AVE BEEN ~EDUCED ,. ' , x ... / "il ! OR ENLARGED. ..-: , /~?/,' __------ ,, :: I , , , ,lil; ... ~ ,ili LII ~74 1536 ~ 6504' ~x / ~ / -w ~ 9 - LI2 ~38'53'3Q'~ 71.31' '~--~ ~ ~~ [ ~w~~~ L 15 N51 '06'34'~ 85, 74' ~E m - ~ ~: , ~ ~ ~ LI9 571'05'46'E ~rO949' ~ ~ ~ I ~ L20 ~01'0~'37'E ~465' p ~~' 9~ ~ ~ L21 NOO'E7'OI'E 100,90' .i L5 ~_ // ~ ~ CURVE TA:- --B~' ~ , m L22 S62'54'10'E ,55.67' ~--~ I ---~- ~PVE PAD1U5 APE DEL TA TANGENT CHOPD EEARING ~ ~ ~ C~ 14~7,67'4.47' 0'10'46' ~.~4 4.47' N86'O6'SJ'E PO~ ~1~ ~ ~ ,C3 40,00' 54.18' 77'36'~8' 3~,17 5013' N47'P4'OO'E Noroo'i7;v~ .... ~ r'__~J ~ ~C4 ]0.00' 14,P2' 8r3o'01' 8.6e 13. o6' N49'PO'4~'E I5.00' ~.~L3I -- ~__~--~- C5 50.00' 7854' 90'00'00' 50.00 70.7I' m I ~P.O,~/ ~'~" C9 70.00' 57.33' 46'55'35' 30.3B 5574' N27'29'53'W SOUTHWEST CORNE~ OK TRACT ~, CARILLON, PLAT 90OK ~], PAGES 59-6] CiO ~.~0' 7.~4' 89'~]'~6' 4,99 ~: C]~ ]80,00' ]9.~' 6']4'~]' 9. SJ THEREOF RECORDED IN PLAT BOOK 2]. PAGES 59 - 61 C14 8710' 36.99' 24'19'50' 18.78 36,71' S83'15'38'E OF THE PUBLIC RECORDS DF CDLLIEE COUNTY, C]5 40.00' 65.9~' 94'PS'PS' 4J.~] ~.) THiS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR C16 40,00' 4936' 69'I6'02' 27.63 45.47' S33'37'34'~ ~ESTRIETIONS or RECORD CI7 20,00' 40.81' 116'54'52' 32.58 34.09' N58'34'56'E 55.65' 7~,~0' ~1'07'50' 47.64 3.) DIHENSIONS SHO~N HER/ON ARE IN FEET AND DECIH~LS THEREOF. C]9 4955' 68.79' 81'H'03' 41,60 SHE~ 5 OF5 ~IS IS NOT A S~RVEY c~o 40,00' 3409' 48'50'05' 18.16 33.07' 587'19'~3'E SKETCH TO ACCOMPANY LEGAL DESCRIP~ON BBLS SURVEYORS & MAPPERS INC. ORAtNAGE EASEME~ TO BE VACATEO ~ ,,~ ~ A POR~ONOFTRACTA, 1502-A RAIL HEADBLVD. CARILLON ~ ~ ~ ¢ PLATBOOK21 PAGES59-61 ~ ~ ~ NAPLES, ~ORIDA ~110 (~9) 597-1315 ~ ~ ~ COLLIER COUNTY, FLORIDA BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 17D EXHIBIT "B" SHEET I OF 5 AVPLAT2003-AR3774 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ADDED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01°00'37"W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 399.61 FEET; THENCE N.38°29'55"E., ALONG SAID WEST LINE, A DISTANCE OF 204.90 FEET; THENCE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 72.27 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 67.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 55.31 FEET, A CENTRAL ANGLE OF 102°45'51 ", A CHORD BEARING OF N.50°49'20"E., AND A CHORD LENGTH OF 86.43 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 99.20 FEET TO THE END OF SAID CURVE; THENCE S.77°38'23"E., A DISTANCE OF 64.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 29059'23'', A CHORD BEARING OF N. 87°21'55"E., AND A CHORD LENGTH OF 28.46 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 28.79 FEET TO THE END OF SAID CURVE; THENCE N.72°22'14"E., A DISTANCE OF 28.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 17044'47'', A CHORD BEARING OF N.81°14'37"E., AND A CHORD LENGTH OF 29.31 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 29.42 FEET TO THE END OF SAID CURVE; THENCE S.89°52'59"E., A DISTANCE OF 101.15 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 88°52'22'', A CHORD BEARING OF S.45°26'48"E., AND A CHORD LENGTH OF 70.01 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 77.56 FEET TO THE END OF SAID CURVE; THENCE S.01 °00'37"E., A DISTANCE OF 71.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 89°59'54'', A CHORD BEARING OF S.43°59'20"W., AND A CHORD LENGTH OF 1 OF5 SHEET 2 OF 5 AVPLAT2003-AR3774 70.71 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO THE END OF SAID CURVE; THENCE S.88°59'17"W., A DISTANCE OF 63.92 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 12°05'59% A CHORD BEARING OF S.82°56'17"W., AND A CHORD LENGTH OF 59.02 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 59.13 FEET TO THE END OF SAID CURVE; THENCE S.76°53'18"W., A DISTANCE OF 41.39 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 28°08'24% A CHORD BEARING OF S.62°49'06"W., AND A CHORD LENGTH OF 87.52 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 88.40 FEET TO THE END OF SAID CURVE; THENCE S.48°44'54"W., A DISTANCE OF 48.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 07°13'31 ", A CHORD BEARING OF S.45°08'09"W., AND A CHORD LENGTH OF 22.68 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 22.70 FEET TO A POINT ON SAID EASTERLY LINE THE SAME BEING THE POINT OF CURVATURE OF A CURVE T,) THE RIGHT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 24006'47'', A CHORD BEARING OF N.09°07'27"W., AND A CHORD LENGTH OF 64.05 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.53 FEET TO THE END OF SAID CURVE; THENCE N.O2°55'59"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 52.37 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET, A CE~ ANGLE OF 50°23'41'', A CHORD BEARING OF N.22°16'15"W., AND A CHORD LENGTH OF 42.57 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 43.98 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL CONTAINS 1.56 ACRES, MORE OF LESS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 °00'37"W., ALONG SAID WEST LINE OF SAID TRACT A, A DISTANCE OF 19.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N. 84°17'48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°10'46% A CHORD BEARING OF N. 86°06'5 I"E., AND A CHORD LENGTH OF 4.47 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77°36'28% A CHORD BEARING OF N.47°24'00"E., AND A CHORD 2OF 5 ,,B,,'~ ~ SHEET 3 OF 5 AVPLAT2003-AR3774 LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.08o35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 81°30'01'', A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAID CURVE; THENCE S.89°54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°07'01"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°54'52'', A CHORD BEARING OF N.58o34'56"E., AND A CHORD LENGTH OF 34.09 FEET; TI-IENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81°07'50'', A CHORD BEARING OF N.76°29'04"E., fiND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 81°11'03", A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48°50'04'', A CHORD BEARING OF S.87°19'23"E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE; THENCE S.00°58'15"E., A DISTANCE OF 10.02 FEET; THENCE S.22°47'25"W., A DISTANCE OF 35.42 FEET; THENCE N.90°00'00"W., A DISTANCE OF 14.40 FEET; THENCE N.00°00'00"E., A DISTANCE OF 17.64 FEET; THENCE N.90°00'00"W., A DISTANCE OF 17.05 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE OF 132°58'46'', A CHORD BEARING OF N.90°00'00'W., AND A CHORD LENGTH OF 60.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 75.94 FEET TO THE END OF SAID CURVE; THENCE N.90°00'00"W., A DISTANCE OF 16.06 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 104.71 FEET, A CENTRAL ANGLE OF 35°33'17'', A CHORD BEARING OF S.00°00'32"E., AND A CHORD LENGTH OF 63.94 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.98 FEET TO TH~ END OF SAID CURVE; THENCE S.90°00'00"E., A DISTANCE OF 16.05 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE OF 3OF5 13°48'11", A CHORD BEARING OF S.30°25'01"E., AND A CHORD LENGTH OF 7.86 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.88 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 77o04'35'', A CHORD BEARING OF S.44°41'34"W., AND A CHORD LENGTH OF 43.61 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 47.08 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 74.09 FEET, A CENTRAL ANGLE OF 20°04'16% A CHORD BEARING OF N.86°54'33"W., AND A CHORD LENGTH OF 25.82 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 25.95 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 11°56'19'', A CHORD BEARING OF N.83°56'03"W., AND A CHORD LENGTH OF 16.64 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 16.67 FEET TO TH~ END OF SAID CURVE; THENCE N.89°54'13"W., A DISTANCE OF 69.67 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.45 ACRES, MORE OF LESS. TOTAL AREA OF LAND DESCRIBED IS 2.01 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO TI-IE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 01/08/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY ~qa<~ PROOFED BY ~ Z'~EGAL DESCRIPTIONS/0095/LAKE MODIFICATION LEGALSkLM&DEII. LWP (SEE ATTACHED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENTSII.DWG) 4OF5 EXHIBGlIPB t.~aeno SItEET 5 OF 5 PO~T Or BEGtNNI~a AVPLAT2003-AR3774 .,':' ":?" "'""" ...... i , / i / ~,.4', [' ', dl SCALE: l' : ~0' k / ~?? | i I:~ Trams EXH1BIT "'.~/ i I !~ HAVE BEEN REBUCEB '-'"'Z~ ~I ' i~ OR ' '-, '~/ I I '.7/ ~ - ~!~ PO.~ ,1 C"J~ ~', ~ I,I ..-,..,/ aa ? A~! '. '~/~ ~ J I ~ Cc ~ ~ ~ ~ I -- .~r ARING LENGTH ~4 090"00'00'~ 14.40' I' j oo.oo.oo. ~,~ ,. ~ ~ ~ ca ~'44~' o'~o'~" op4 4.4~' ~o~'o~' ' ~OUTN~ CO~NE~ ~ ~CT ~, ~0 ~0.~" ~4.09' 4~"~0'04' 1OJ6 ~.0~' ~R]LLON, PLAT BOOK ~1, ~ ~9-~] OpZ ~.~1' 99.~0' ~0~'~'~' ~9.~4 ~.~" ~ ~.00' ~0.79' ~9'~9'~' 1~.~ ~0.4~' ~ 9~.~' ~9.4~' ~'44'47" ~4.0~ P9.~J" ~01'14'~'~ OP4 ~0.00' 7Z~b' O0'~P'PP' 49.0~ 70.0~' ~ ~0.00' ~.~4' 09'~9'~' ~0.00 70.71' ~4~'~9'~0"~ ~ ~00.00' ~9.1~' ~'0~'~9" ~9.~7 ~9.0~' ~'~'~7'~ ~S: cPO 180.00' 2P. 70' 7'13"21' II.~6 22.60' ~45'08'09'~ THEREOF RECORDED IN PLAT BOOK BI, PAGES 59 - 61 C30 50.00' 43.98' 50'P3'41' 23.53 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. C31 ~.7P' 75,94' 13P'SO'4b' 75P1 60.00' NgO'~'OO'V THIS PROPERTY IS SUBJECT TO EASEMENTS, RES[RVATI~S ~ C3P 104.71' 64.90' 35'23'17" 33.57 RESTRICTIDNS OF RECORD. C23 3P, 7P' 7.88' 13'40'11' 3.9~ Z86' 530'E3'O~'E DIMENSIONS SHORN HEREON ARE IN FEET AND DECIMALS T~REoF.Cc~~ 35.00' 4Z08' 77'04'25' P7.08' 43.6~' ]~.64' N83'5~'03'~ SHE~ 5 OF 5 THIS I~ NOT A SURLY c3~ eo. oe' 16.6 7' ~1'36'~' e.37 SKETCH TO ACCOMPANY LEGAL DESCRiP~ON BBLS SURVEYORS & DRAINAGE ~SEME~ TO BE ADDED ~ ~ ~ A POR~ON OF ~ACTA, 1~2-A RAIL H~D BL VD. " ~ ~ CARILL~ ~ ~ ~ P~TBOOK21PAGES~-61 Col m T~ACT G TI~.CT I THE RESE{{VE AT ,,~ e r IEEN~HGTON HIgH STREET '{'{{At-']' ~-1 (1~ 3) ~ P.E. PG. KENIIIGT~ON PARK II'HAlE ONE 21 GAIILLGN TRACT "G" RBILAT Details Fo.o No. II 22730000028 I Current Ownership Property Addressll 4960 AIRPORT RO N Page 1 of 1 Owner Namell BANYAN WOODS LLC I I Addressesl158tl PELICAN BAY BLVD STE 208 ci~llNAPLES II s=~ll FL I II zipl134t08 - 2710 I Legal I BANYAN WOODS TRACT A Section II Township II Range II Acres 13 II 49 II 26 II 6.66 Sub No. ~ Use Code II 174200 II BANYAN WOODS Jl 94 II MISCELLANEOUS II Map .o. IIStrap No. II 4A13 II 174200A 14A13 I II ~ M,,,a_~a Area II ~ M,,,a~e I II ?o II 13.56,9 I 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Market Value i-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value (=) Taxable Value ' $100.00 $ 25.00 $125.00 $ 0.00 $125.00 $ o.oo $125.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date Latest Sales History II Boo~-P.gaII ~ount I The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000022730000028 3/4/2003 Details [ Fo.o No. II 52730oo9362 II Page 1 of 1 C u rrent Owners hi~E~L__7__~ 1~___~_ Propert}/Addr-~--~I15242 KENSINGTON HIGH ST Owner Namell COATES, DALE A=& LORI L Addreesesl15242 KENSINGTON HIGH ST ciwll NAPLES II s~t~ll FL II z~Pll 34105- 5651 I Legalll KENSINGTON PARK PHASE ONE I II~LK A LOT 15 I I Section 11 Township ii Range 13 II49II 26 il Acres il Map No.II Strap .o. I il 0 II 4A13 II 433000A154A13 I Sub .o. II 433000 II KENS,.GTON PARK PHASE ONE II~M'Ila¢I* Area II ~ ~,,,a_.e I ~ Use Code II 1 II SINGLE FAMILY RESIDENTIAL II 104 ~ 0 I 2002 Final Tax Roll Values Latest Sales History Land Value $ 94,500.00 Date Book-Page Amount 121 2001 2943 - 2900 $ 522,900.00 0212001 2779 - 1688 $ 230,000.00 01 1 1999 2504 - 619 $ 480,000.00 11 1 1996 2249 - 13t6 $ 0.00 $ 324,876.00 (+) Improved Value (=) Market Value $ 419,376.00 (-) SOH Exempt Value $ 0.00,,. (=) Assessed Value $ 419,376.00 (-) Homestead and other Exempt Value" $ 25,000.00 11 1 1996 2249 - 1270 $ 0.00 I=) Taxable Value $ 394,376.00 ;OH = "Save Our Homes" exempt value due to cap on assessment increases. The Information Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008362 3/4/2003 Details Folio Nc. II 52730008388 t Current Ownersh,~ 7 D I Page 1 of 1 II Pr°pert7 Addrassll 5238 KENSINGTON HIGH ST Owner Namell HAWKINS, STEVEN L=& KIMBERLY M Addressesll 5238 KENSINGTON HIGH ST cl~/ll NAPLES II st=tell FL I zipl134105 - 55Sl I Legaql KENSINGTON PARK PHASE ONE II BLK A LOT 16 Section II TownshipII Range II Acras II MapNO. II 49 II 25 II 0 II 4A13 I SubNo, II 433ooo I ~ use Code II I KENSINGTON PARK PHASE ONE IISINGLE FAMILY RESIDENTIAL II ~ Millage Area II Strap NO. I II 433000A 164A13 I II ~ Millage I 2002 Final Tax Roll Values I Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. $ 94,500.00 $ 325,891.00 $ 420,391.00 $ 38,930.00 $ 381,461.00 $ 25,S00.00 $ 355,961.00 Latest Sales History I Date II .... Book-Page II 10,2002 Il 3129-445 I 051 1996 2186 - 1168 Amount $ 5oo,ooo.oo S 12o,ooo.oo The Information is Updated Weekly. http ://www.collierappraiser.comdRecordDetail.asp?FoliolD=0000052730008388 3/4/2003 Page 1 of 1 Legal ENSINGTON PARK PHASE ONE BLK A LOT 17 [ su,,o. 1F ;_~000 I~"S'"O'O"P*"KP"*SEO"E ll--~.."'l'a0e^r*a IF e ~' 1 I ~U,aCode II ~ Iis'"~LE r^M'L~ REs'DE"~'^L ~ ~o4II o I 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Market Value (-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value $ 94,500.00 $ 356,428.00 . $ 450,928.00 $ 0.00 $ 450,928.00 $ 0.00 Ia) Taxable Value $ 450,928.00 ~OH = 'Save Our Homes" exempt value due to cap on assessment increases. Date 031 1996 Latest Sales History 2161- 2063 II$ ~2o,ooo.oo I The Information is Updated Weekly. http://www.collierappraiser.corn/RecordDetail'asp?F°li°ID=0000052730008401 3/4/2003 Details Folio ND.II 52730008427 Current owners'~JTP?D II Properb/Addressll 5230 KENSINGTON HIGH ST Page 1 of 1 Owner Namell GASS, KATHLEEEN D Addressesll 1311 COUNTRY CLUB DR c,~ll SPENCER II s~ll ~A II ziPll 513o1-2756 I LegalI KENSINGTON PARK PHASE ONE II BLK A LOT 18 Section II Township II Range 13 Il 49 II 25 SubNo. II 433000 Cod. Il I il A~ II Map No. IIStrapNo. II 0 II 4A13 II 433000 A 184A13 IiKENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL II ~ M,la_~eA.a I[ ~ M,,la~_o 2002 Final Tax Roll Values tLand Value (+) Improved Value [ (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I $ 94,500.00 $ 304,274.01 $ 398,774.00 $ 0.00 $ 398,774.0C $ o.oo (=) Taxable Value $ 398,774.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History I Date I[ Book - Page 1 05 / 1998 II ,, 2419- 2732 104,19981[ 2412-1898 ,71 1 t996 2249 - 1316 I 11 1 t996 2249 - t270 [I Amount II $ II $ ID°,°°°'°°1 $ o.oo I The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008427 3/4/2003 Details Fo,o No. II s273000.0'.;3 II Current Ownersh'~ 7 B 'ti Property Ad~*~sll 5226 KENSINGTON HIGH ST Page 1 of 1 Owner Namell STEUERWALD, GREGORY E Addresses I STEUERWALD, JACKIE L ~356 RE, o^K o. c~ll AVON ii z, pl148m- 9789 KENSINGTON PARK PHASE ONE Legal[[ BLK A LOT 19 ! 13 49 25 0 4A13 Sub No. ~ Use Code II433000 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Market Value (.) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value $105,000.00 $ 302,286.00 $ 407,286.00 $ o.oo $ 407,286.00 $ 0.00 (=) Taxable Value $ 407,288.00 ;OH = "Save Our Homes" exempt value due to cap on assessment increases. II Strap No. t II 433000 ^ ~94A~3 I Latest Sales History 0611998 2429 - 2095 11 1 1996 2249 - 1270 Amount $110,000.00 $ 0.00 $ o.oo I The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008443 3/4/2003 Details Folio No.][ 52730008469 Page 1 of 1 current Owners~ip'~ Property Addressll 5222 KEN'fflN(~TO,~-~~.GH ST I Owner Name]I MARTIN, DANIEL A=& JANET L Addre_~$esll 5222 KENSINGTON HIGH ST c~ll NAPLESII S~'II FL zipl134105 - 5651 Legal (ENSINGTON PARK PHASE ONE BLK A LOT 20 Section 'il Township II Range I Acres 13 il 49 il 26 il 0 SubNo. II 433000 Use Code II I KENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL II Map .o. II s~,~ .o. '1 II 4A13 II 433000A204A13 I II104II o I 2002 Final Tax Roll Values Latest Sales History Land Value [+) Improved Value (=) Market Value [o) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value $105,000.00.. $ 253,747.00 $ 358,747.00 $ 0.00 $ 358,747.00 $ 0.00 (=) Taxable Value $ 358,747.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. IDate II Book - Pal~ i Amount 071 1999 2576 - 1975 $ 285,300.00 041 t997 2302 - 3365 $110,000.00 11 11996 2249 - 1316 $ 0.00 tl 1 1996 2249 - 1270 $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail, asp?FoliolD=0000052730008469 3/4/2003 Details Folio No,il 52730008485 CurrentOwnershi~'7D II Property Addre-=~-]l 5218 KENSINGTON HIGH ST Page 1 of 1 Owner Namell FIOCCHI, MARGARET C Add~es~esll 5218 KENSINGTON HIGH ST cityll NAPLES II Statell FL II ZiPll 34105- 5654 KENSINGTON PARK PHASE ONE I I I Leoa'll BLK A LOT 21 I Section II TownshipII e,na, IIi Acres ! MapNo. IIStrapUo.I I t3 II 49 II 25 o II 4At3 II 433000A214A. I I Sub.o. II 433000 I ~UseCode II I II KE.S,.GTO. PARK P.ASE O.E II ~ M,,Ie~_e ~ea II ~ Millage I 2002 Final Tax Roll Values Latest Sales History I Land Value I (+) Improved Value I (=) Market Value I (')SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value $105,000.00 $ 311,820.00 $ 416,820.00 $ o.oo $ 416,820.00 $ 25,000.00 I i=>Taxable Value $ 391,820.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date Book - Page Amount I 02 / 2000 ..... 2644- 944 $ 48,900.00 i I 06 / 1998 2431 - 2227 $120,000.00 I 0211998 2389 - 361 $110,000.00 I 11 1 1996 2249 - 1316 $ 0.00 1t I 1996 2249 - 1270 $ 0.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008485 3/4/2003 Details Folio No.l152730008663 II Property Addres, ll 5182 KENSINGTON HIGH ST Owner Name]l DEAL, SARAH J Addressesll 5182 KENSINGTON HIGH ST Page 1 of 1 ci~/[I NAP,_~_~ II St~tell FL II zipl134105- 5649 Legall[ KENSINGTON PARK PHASE ONE II BLK A LOT 30 Section Sub No. ~Use Cods ,,11TownshipII Range II Acres II 49 II 25 II 0 II 433000 II I II KENSINGTON PARK PHASE ONE II SINGLE FAMILY RESIDENTIAL II Map No. I Strap .o. I II 4A13 II 433000 A 304At3 I II ~ Millage Area Il ~ Millage II 1o~ II o 2002 Final Tax Roll Values Latest Sales History I Land Value $105,000.00 [ (+) Improved Value $ 297,985.00 I (=) Market Value $ 402,985.00 [ (-) SOH Exempt Value $ 38,690.00 I (=) Assessed Value $ 364,295.00 I(-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 339,295.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 021 2002 121 2000 212000 041 1998 071 1997 01 11997 11 1 1996 11 1 1996 Book-Page 2986-1007 2757-1762 2757-1761 2404-625 2333-2512 2382-792 2249-13t6 2249-1270 Amount $ 518,500.00 $ 0.00 $ 0.00 $ 397,000.00 $110,000.00 $ 307,900.00 $ 0.00 $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008663 3/4/2003 .Details Fo,o ND.II 5=730006647 II current Ownersh,~. ~ D Propert7 Address'Il 6165 KENSINGTON HIGH ST Page 1 of 1 Owner Namell FINE, ARNOLD L=& MARILYN Addressesll 6906 PEBBLE PARK ClR ca~'ll WEST BLOOMFIELD I1 zipl148322- 351o Legal[l KENSINGTON PARK PHASE ONE BLK A LOT 29 Section II Township II Range II Acres II t3 II 49 II 25 II 0 II SubNo. II 433000 ~Use Code II I KENSINGTON PARK PHASE ONE SINGLE FAMILY RESIDENTIAL 2002 Final Tax Roll Values [ Land Value I (+) Improved Value i (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value $105,000.00 $ 249,715.00. $ 354,715.00 $ 0.00 $ 354,715.00 $ 0.00 I (=) Taxable Value $ 354,715.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Map No. ]1 Si,..0 No. I 4A13 II 433000 A 294A13 II ~Millage Area ~ ~ M,,,,oe I II 1o4 Latest Sales History Date II Book-Page II Amount I 11 / 1996' 2249- 1270 II s o.oo ! The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008647 3/4/2003 Details Folio "o.l)52730008621 / ti Current Ownelr~p D Property Addr. all 5t90 KENSINGTON HIGH ST Page 1 of I Owner Namell PITZNER, RICHARD Wa& RICKI L Addressesll 3123 HARLAN CIR c,~ll FITCHBURG II Statell wi Legal I KENSINGTON PARK PHASE ONE I BLK A LOT 28 II Zipl~ 53711-7204 Section Sub No. ~ Use Code IITownshipII Range II Acres II 49 , 25 II 0 II 433000 II 1 II KENSINGTON PARK PHASE ONE II SINGLE FAMILY RESIDENTIAL II Map No. II Strap NO. Il 4A13 II 433000 A 284A13 II ~ Millage Area II ~ Milla~_, I II 104 II 0 I 2002 Final Tax Roll Values Latest Sales History i Land Value I. (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I(') Homestead and other Exempt Value I (=) Taxable Value $105,000.00 $ 279,573.00 $ 384,573.00 $ 0.00 $ 384,573.00 $ 0.00 $ 384,573.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date Ii Book-Page II Amount I 09 / 1997 2350 - 3214 $ 110,000.00 01 / 1997 2384 - 2254 $ 0.00 11 / 1996 2249 - 1316 $ 0.00 11/1996 II 2249-1270 $0.00 The Information is Updated Weekly. http://www.collierappraiser, com/RecordDetail.asp?FolioID=O000052730008621 3/4/2003 Details Folio No.[I 52730008582 , ow.o.,, ? [I Property Addresall 5198 KENSINGTON HIGH ST Page 1 of 1 Owner Nam~Jl SHEUSl, MARY ANN Addressesll 5198 KENSINGTON HiGH ST citHI NAPLES Il zipl1341o5- 5649 Lega~ll KENSINGTON PARK PHASE ONE II BLK A LOT 26 ISection Il TownshipII Range I 13 II 49 II 25 I su,,.o. II 433000 I ~UseCode II Acres II 0 KENSINGTON PARK PHASE ONE II Map NO. II Strap No. I II 4A13 II 433000A264At3 I II ~ Milla0eArea II ~ Millage 2002 Final Tax Roll Values Latest Sales History I Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value II (=) Assessed Value (-) Homestead and other Exempt Value I (=) Taxable Value $105,000.00 $ 332,203.00 $ 437,203.00 $ 40,654.00 $ 396,549.00 $ 25,000.00 $ 371,549.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Date 091 2002 07 11999 0811997 11 11996 11 1 1996 BOok - Page II Amount 3114 - 1956 II $ o.0o 2570-1714 [[ $ 0.00 2341- 2522 $110,000.00 2249- 1316 II $ 0.00 2249- 1270 II $ o.oo The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000052730008582 3/4/2003 Details Folio NO.II 52730006566 II Current Ownership Property Addresell 5202 KENSINGTON HIGH ST Page 1 of 1 Owner Namell GROOSE, DEXTER R=& DOROTHY Addresses]l 5202 KENSINGTON HIGH ST c,tTIl NAP'ES II St~tell KENSINGTON PARKPHASE ONE II zipl134105- 5651 Legalll BLK A LOT 25 Section II Townsh~. II Range II Acres 13 II 49 II 26 II o I sub.o. II 433000 I ~UseC°de II ' 1 KENSINGTON PARK PHASE ONE II SINGLE FAMILY RESIDENTIAL II MapNo. IIStrap.o. I II 4A13 II 433000 A 254A13 I 2002 Final Tax Roll Values I Land Value I (+) Improved Value I (=) Market Value I(-) SOH Exempt Value (=) Assessed Value I !')Homestead and other Exempt Value I $ 99,750.00 $ 268,890.00 $ 368,640.00 $ 31,010.00 $ 337,630.00 $ 25,000.00, (=) Taxable Value $ 312,630.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Da. II Book-Page Il Amount I 031 1998 2400 - 720 $110,000.00 I 11 1 1996 2249 - 1316 $ 0.00 I 11 / 1996 2249- 127~0 $ 0.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008566 3/4/2003 Details Page I of 1 Folio No. II 6273000s540 II Property Addreesll 5206 KENSINGTON HIGH ST I Owner Name]l COLE, THOMAS W--& JULIE H I I I Addresses]l 227 FIALA WOODS CT cit~ll NAPERWLLE II I s=~ll IL II zipl160666 - 635g I Legal I KENSINGTON PARK PHASE ONE I I BLK A LOT 24 I Section 13 IlTownshipIIRange II Acres IlMap No. II Strap No. ! II 49 II 25 Ii 0 II 4A13 II 433000 A 244A13 I Sub No. II 433000 ~UseCode II I II KENSINGTON PARK PHASEONE II ~ MI.ageAr,a II ~MillageI II SINGLE FAMILY RESIDENTIAL II 104 ~ 0 I 2002 Final Tax Roll Values Latest Sales History I Land Value $105,000.00 I (+) Improved Value $ 314,534.00 I (=) Market Value $ 419,534.00 I(-) SOH Exempt Value $ 39,652.00 (=) Assessed Value $ 379,882.00 I (') Homestead and other Exempt Value $ 25,000.00 I (=) Taxable Value $ 354,882.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. IDate II Book-Pege II Amount I 05 / 2002 3032 - 900 $ 545,000.00 I 03 / 1998 2403 - 597 $110,000.00 I 11 I 1996 2249 - 1316 $ 0.00 11 I 1996 2249 - 1270 $ 0.00 The Information is Updated Weekly. http ://www.collierappraiser.corn/RecordDetail.asp?FoliolD=0000052730008540 3/4/2003 Details ~o.oNo.lis273ooos6o5 II Current Ownership Property Addressll 5194 KENSINGTON HIGH ST Owner Namell CONOVER TR, KAY F Page 1 of 1 Addresses I TR DTD 9-12-95 12 GLENGARRY LN c'~ll ^URO~II statell IL II 60506-9211 KENSINGTON PARK PHASE ONE Legal[[ BLK A LOT 27 Section II Township II Range II Acres II Map No. 13 ii 49 II 2s II o II 4A13 S.b No. II 433000 Use Code II 1 KENSINGTON PARK PHASE ONE 2002 Final Tax Roll Values I Land Value I (+) Improved Value I ( =) Market Value (-) SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $105,000.00 $ 295,720.0C $ 400,720.00 $ 0.00 $ 400,720.00 $ 0.00 $ 400,720.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. II ~ Millaqe Area II Strap No. II 433000 A 274A13 I Millage o Latest Sales History 041 1998 2411 - 2429 11 1 1996 2249 - 13t6 111 t996 2249-1270 Amount $ 402,000.00 $101,800.00 $ o.oo $ 0.00 The Information is Updated Weekly. http ://www.collierappraiser. com/RecordDetail.asp?FoliolD=0000052730008605 3/4/2003 Details Fo.o No. II 52730008524 Ii iii, Current OwnerSlflp' Property Addre--I1821o KENSiNgTON HIOH ST I Owner Namell WILLIAMS TR, JUDY A Addresses I UTD 10123192 5210 KENSINGTON HIGH ST c,~ll NAPLES II s=~ll FL II z,p~ 341o5- 5051 Legaql KENSINGTON PARK PHASE ONE II BLK A LOT 23 I I Se='on II Township II Range t3 II 40 II 28 I SubNo. II 433000 I eU,eCode II I II 0 4A13 II 433000 A 234A13 II e Mi,,a_~eArea II ~ M.,a.e I II 104 II 0 I 2002 Final Tax Roll Values I Land Value I (+) Improved Value (=) Market Value (-) SOH Exempt Value (=) Assessed Value $105,000.00 $ 273,408.00 $ 378,408.00 $ 37,258.00 $ 341,150.00 (-) Homestead and other Exempt Value $ 25,000.00 (=) Taxable Value $ 316,150.00 ;OH = "Save Our Homes" exempt value due to cap on assessment Increases. Latest Sales History Date II 'Book - Page ~ Amount 03 / 1998II 2395- 533 Il $11o,ooo.oo 11/1898 Il 2249- 1316 I' so.oo 11 / 1996 II 2249-1270 ii $ 0.00 The Information is Updated Weekly. http://www.collierappraiser, corn/RecordDetail.asp?FoliolD=00000527300085243/4/2003 Details ~o.o No.ll 6273ooo~5o~ II Current Ownership Property Address[I 5214 KENSINGTON HIGH ST Page 1 of 1 Owner Namell FLOREK TR, ROSE M Addresses I UTD 516/87 ~el~ fREESiA CT C'~II H,GHLANO PARK II st,tell ,L II z~Pll e003s - ss24 Legalll KENSINGTON PARK PHASE ONE II BLK A LOT 22 IsecuonIITownshipII Range ]] Acres I! I t3 II 49 II 25 II 0 II Sub No. II 433000 ~uee Code II I Map NO. II Strap No. I 4A13 II 433000 A 224A13 i 2002 Final Tax Roll Values I Land Value I (+) Improved Value I (=) Market Value I(') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $105,000.00 $ 306,400.00 $ 411,400.00 $ o.oo $ 4t 1,400.00 $ o.oo j $ 41t,400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History I Date Book - Page I 03/1998 2403- 608 Ill/1996 II 2249-1316 ./t996 II 2249- 1270 Amount $110,000.00 $ 0.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000052730008508 3/4/2003 Details Page 1 of 1 Current OwnershiP. 7 g 11 , Folio NO.J[52730007457 -IL Property AddresslL270° .~.E RIOOE RD ~ Owner Na Addresses 2002 Final Tax Roll Values Land Value (+) Improved Value (=) Market Value (-) SOH Exempt Value (=)Assessed Value _(-) Homestead and other Exempt Value. I=) Taxable Value S~OH = "Save Our Homes" exempt value due to cap on assessment increases. $100.00 $ o.o0, $100.00 $ o.oo $100.00 $ 0.00 $100.00 Latest Sales History The Information is Updated Weekly. ecordDetail as VFoliolD-0000052730007457 ra ~rmser com/R P htt~.//,anxrw.eollie 13 ' · ' ' - 3/4/2003 Page Iot ~ empt value due to cap on assessmen~ increases- The information is Updated Weekly. ......... ~,uleratmraiser.c°mIRec°rdDetail'asp?F°li°ID=0000052730007350 3/4/2003_1 Details Folio No. II 25500000750 Page 1 of 1 Current Ownership II Property Add~;-q 5052 A~RPORT.O N Owner Namell COMMUNITY CENTERS ONE L L V Addressesll %DEVELOPERS DIV REALTY CORP 1133o0 ENTERPRISE PKY I~0 Box 226842 c~/llBEACHWOOD11 S~,IIOH zipl144t22- 9o42 Legalll CARILLON TRACT "B" Section 13 Sub No. ~ Use Code IITownship II Range II A~,ii II49 Ii 25 II 26.32 Map No. I strap .o. 4At3 I 209500 B t4A13 70 13.5679 2002 Final Tax Roll Values Latest Sales History Land Value (+) Improved Value (=) Market Value I-) SOH Exempt Value (=) Assessed Value (-) Homestead and other Exempt Value $ 6,148,868.0(] $ 11,152,339.00 $ 17,30t ,207.00 $ 0.00 $17,301,207.00 $ o.oo (=) Taxable Value $17,301,207.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. 11 / 1995 2t23-724 $ 25,024,500.00] 06/1995 I 2064- 615 $ 0.00,1 091 1994 1882- 462 $ 0.00 071 1993 1841 - 2313 $ 6,300,000.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000025500000750 3/4/2003 Details Folio No. II 002s658o006 II Page 1 of 1 Current Ownership i ?r~ 'i~ ' Property AdGres~i 2650 PINE RIDGE RD ~' U "'--- ~ I Owner Name]l GERACE TR, MARIAN H Addrassesl, °/. WALLACE LEWIS JR ESQ II 6120 SW 74TH AVE c,~ll MIAMI II statell FL II z~pl133143- 1720 Lega~l[ t3 49 25 Nll2 OF W112 OF II NWll4, AND THAT PORTION OF S II 1/2 oF Wl/2 oF NWl/4 ,V,NG N I Section IITownship II Range II Acras I 13 II 49 II 25 II I Sub No. Il 100 I ~ Use CodeIl 99 NON-AGRICULTURAL ACREAGE Il Map No. Strap No. II 4A13 492513 005.0004A13 2002 Final Tax Roll Values I Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Homestead and other Exempt Value I (=) Taxable Value $ 88.00 $ 0.00 $ 88.OO $ 0.00 $ 88.00 $ 0.00 $ 88.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History 081 1991 1643 - 336 $ 0.00 I The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000256560006 3/4/2003 Details ,17D Current Ownership I I Page 1 of 1 ~~~[ 5070 BLAUVELT CT Owner Name1 Addresses city] 2002 Final Tax Roll Values I Land Value [(+) Improved Value [ (=) Market Value I (') SOH Exempt Value ~ (=) Assessed Value $ 885,250.0O' $ o.oo $ 885,250.00..~ $ 540,825.00 $ 344,425.00 t(-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 344,425.00... SOH = "Save Our Homes" exempt value due to cap on assess;riehl increases. Latest Sales History I .ate II .o~-Pa,s ii Amount The Information is Updated Weekly. ecordDctail as 9FoliolD 0000025500000255 http://www.collierappraiser.com/R · P' = 3/4/2003 17D March 26, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT-2003-AR-3774 Dear Georgia: Please advertise the above referenced notice on Sunday, April 06, 2003 and again on Sunday April 13th and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Marie Clos, Deputy Clerk P.O./Account 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, A~ril 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2003-AR3774, Jennifer Castillo, from PMS Inc of Naples, as agent for the petitioner, Banyon Woods, LLC, requesting to disclaim, renounce and vacate the County's and the public's interest in two portions of the drainage easement located in Tract according to the Plat of ~Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier County, Florida, and to accept two relocation drainage easements within said Tract~A" Located in Section 13, Township 49 South, Range 25 East. NOTE~ Ail Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Marie Clos, Deputy Clerk (SEAL) March 25, 2003 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR3774 (Carillon Tract "A") Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 06, 2003, and again on Sunday, April 13, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure 171] March 25, 2003 Banyon Woods, LLC 5811 Pelican Bay Boulevard Suite 208 Naples, F1 34102 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR3774 (Carillon Tract Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 06, 2003, and again on Sunday, April 13, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure 17D March 25, 2003 Ms. Jennifer Castillo PMS, Inc. of Naples 2335 Tamiami Trail North Suite 408 Naples, F1 34103 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR3774 (Carillon Tract "A") Dear Ms. Castillo: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 06, 2003, and again on Sunday, April 13, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROC4(, CLERK Marie Clos, Deputy Clerk Enclosure March 25, 2003 Banyon Woods, LLC 5811 Pelican Bay Boulevard Suite 208 Naples, F1 34102 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR3774 (Carillon Tract "A") Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 06, 2003, and again on Sunday, April 13, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure Marie J. Clos To: Subject: Georgia (E-mail) advertising- avplat2003-ar-3774 hi Georgia Please advertise the attached on Sunday April 6th. Thanks AVPLAT 2003 AVPLAT2003-AR37 AR3774.doc 74.doc Marie J. Clos From: Sent: To: Subject: postmaster@clerk.collier.fi.us Wednesday, March 26, 2003 1:14 PM Marie J. Clos Delivery Status Notification (Relay) AT/421619.txt advertising- ~vplat2003-ar-377.., This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com advertising- avplat2003-ar-3774 Marie J. Clos Page 1 of 1 From: legals [legals@naplesnews.com] Sent: Wednesday, March 26, 2003 1:58 PM To: Marie J. Clos Subject: RE: advertising- avplat2003-ar-3774 rcvd to run 4/6 AND 4/13 georgia ..... Original Message ..... From: Marie 3. Clos [mailto:Marie. Clos@clerk.collier.fl.us] Sent: Wednesday, March 26, 2003 1:14 PM To: Georgia (E-mail) Subject: advertising- avplat2003-ar-3774 hi Georgia Please advertise the attached on Sunday April 6th. Thanks <<AVPLAT 2003 AR3774.doc>> <<AVPLAT2003-AR3774.doc>> 3/26/2003 Marie J. Clos From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, March 26, 2003 1:13 PM Marie J. Clos Delivered: advertising- avplat2003-ar-3774 advertising- ]vplat2003-ar-377.., <<advertisin9- avplat2003-ar-3774>> Your message To: Georgia (E-mail) Subject: advertising- avplat2003-ar-3774 Sent: Wed, 26 Mar 2003 13:14:05 -0500 was delivered to the following recipient(s): legals on Wed, 26 Mar 2003 13:13:21 -0500 NapLes DaiLy News NapLest FL 34102 Affidavit of PubLication NapLes DaiLy News BOARD OF C~JNTY CONHISS/ONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 912501 58641090 NOTZCE OF PUBLZC HEA State of FLorida County of CoLlier Before the undersigned authority, personaLLy appeared B. Lamb, who alt oath ~ay~ that she serves as Assistant Corporate Secretary of the rtapLes OaiLy News, a daily newspaper published at NapLest in CoLLier County~ FLorida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper pubLished at NapLes~ in said CoLLier County~ FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier Count¥~ FLorida, each day and has been enter~i as second class Bail ·atter at thc post office in NapLes, in said CoLLier Cou~ty~ FLorida, for a period of I year ~lext preceding the first publication of the attached cepy of advertisement; and effian: further says that she [ms neither paid nor pro;ised any rerson, fire or corporation any discount, r~bate, con~ission or refund for the purpose of securing this advertisemm~t for pubLiction in the sa~d newspaper. PUBLISHED ON: 04/06 04/13 AD SPACE: 121.000 INCH FZLED ON: 04/14/03 Signature o'~ At fight s~o.n to and Subscribed i~fe~e ~e t,~. ay of PersonaLLy known ~y me~,~ ·~~'~.~ :.,~,,~x Donna Chesney ~ '; My Commis~on DD05~$36 '~;~,:Y Expires Septembe~ 11, 2006 RECEIVED APR ' FINANCE DEPT --i :: NOTICE OF t pUbLIC HEARING Notice Is herebv given ~ommlssloners m County will hold ~ publlc hearing O~o~U ~d~~ April 22, - '~ .... r Boardroom- 3ra rmu Admlnl~[on Bu~dlng Collier County Govern ent Center, 3301 Eas ~mlaml Trall, Nap. i? Ftorlda. The meetm wlfl b~]n ~9:~ A.M. The ~rd.wlll conslder~ petition AVPLA~20q~.'~ AR3774, Jennifer Io,'from pMS Inc off t~ ~e Naples, as ~ etltloner, ~anyOm ~s, LLC, requesfln~ to dlscmlm,, r~,~ and v~e ~ and the pub~lc s J~ two go~lo~s OT Tn~l dralr easement I~-~ mgp Tract "A"~ "Car' 1n Pi~ Boo~ zh ~9 ii, rough 61, Public tV~ Fl~lda, and~ ac- Cept two relocation ralnage easements~ NOTE: All Persons ter with ~e ~.j~ ~ se~lon ~ the ~endg Item to be addressea. ndlvldual ~eakers will be Imlted fo 5 minutes ~ any ~m. ~e selec. tlon of on Individual tc speak on beholf of on) or~nlz~ ~ group encouraged. If r~coa-) nlze~ by the Chgtr, ~ spo~esperson Tar a ~ group or organization ' may be all~ed lO min- utes to speak on an I~. Per.ns wishing ~ have wrlffen or graphic ma, terlols Inc uded In Board agenda packet~ must su~mlt sa d ma terlal a minimum of weeks prior to the re spedlve public hearln( In uny ca~, ~en ferlols Intended fo be considered bV ~e B~rd oppr~l~ o ~l~lmum OT 5evu dovs.prlor ~ ~e heurmg. All used In presentotlons bede ~e ~d w~ll come o permonen~ pon Any ~n w~o ~clde to op~ol o aeClSlOn ( recora of me p Ings peHoJnlng theret a~ ~e~e~.may ~c ~ ensure ~m a veroa- tim re--rd of the oro- c~dl~s Is ~, many on~ upon which the a~peul Is ~d. Any questions or con- c~ns should ~ dlrec~d fo Rick Grlgg, Collier Coun~ Community vel~pmentZPIonnlng ~.~31. BOARD OF COUNTY CO~I~RS COLLIER cOUNTY~ TOM HENNING~ CHAIR. CL~K 3170886 OR: 3273 PG: 2995 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~n 04/25/2003 at 07:35AM DWIGHT E, BROCKs, CLERK REC FEE COPIES 55,50 i2.00 Retn: 17D INTEROFFICE 47H FLOOR EXT 7240 RESOLUTION NO. 2003- 155 RESOLUTION FOR PETITION AVPLAT2003-AR3774 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO PORTIONS OF THE DRAINAGE EASEMENT LOCATED IN TRACT "A", ACCORDING TO THE PLAT OF "CARILLON" AS RECORDED IN PLAT BOOK 21, PAGES 59 THROUGH 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT TWO RELOCATION DRAINAGE EASEMENTS WITHIN SAID TRACT "A." LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Jennifer Castillo, from PMS Inc. of Naples, as agent for the petitioner, Banyan Woods, LLC, does hereby request the vacation of two portions of the Drainage Easement in Tract "A" according to the plat of "Carillon" as recorded in Plat Book 21, Pages 59 through 61, Public Records of Collier County, Florida, and to accept two relocation Drainage Easements on a portion of Tract "A" of said "Carillon;" and WHEREAS, the Board has this day held a public hearing to consider vacating two portions of the Drainage Easement in Tract "A," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following two portions of the Drainage Easement in Tract "A" are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. OR: 3273 PG: 2996 17D BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the two relocation Drainage Easements within Tract "A", more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the relocation Drainage Easements for the two Drainage Easements in Tract "A" vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ~ 2003, DATED: ATTEST: DWIGHT E. BROCK, Clerk ~epuiy Clerk, -~test n-~ s n, e oo . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney OR: 3273 PG: 2997 BBLS ~ SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239- 597-1315 FAX: (239) 597-5207 EXHIBIT "A" SHEET I OF 5 AVPLAT2003-AR3774 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE VACATED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01°00'37"W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 4.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N.84°17'48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°10'46% A CHORD BEARING OF N.86°06'5 I"E., AND A CHORD LENGTH OF 4.47 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77°36'28", A CHORD BEARING OF N.47°24'00"E., AND A CHORD LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.08°35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 81°30'01", A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAID CURVE; THENCE S.89°54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON, SAID POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE S.00°07'01"W., ALONG SAID EASTERLY LINE, A DISTANCE OF 28.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 90000'00'', A CHORD BEARING OF S.45°07'01"W., AND A CHORD LENGTH OF 70.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID 1 OF5 SHEET 2 OF 5 AVPLAT2003-AR3774 N.89°52'59"W., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 102.13 TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.18 ACRES, MORE OF LESS. PG: 2998 COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE N.00°07'01"E., ALONG THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°54'52'', A CHORD BEARING OF N.58°34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81 °07'50", A CHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 81°11'03", A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48050'05'', A CHORD BEARING OF S.87°19'2Y'E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE, SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°58'15"W., A DISTANCE OF 44.97 FEET; THENCE N.31°49'18"W., A DISTANCE OF 30.59 FEET; THENCE N.69°07'54"W., A DISTANCE OF 28.88 FEET; THENCE S.74°15'36"W., A DISTANCE OF 65.04 FEET; THENCE S.38°5Y30"W., A DISTANCE OF 71.31 FEET; THENCE N.77°41'29"W., A DISTANCE OF 21.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 16°42'15'', A CHORD BEARING OF N.86°02'36"W., AND A CHORD LENGTH OF 34.86 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 34.99 FEET; THENCE S.85°36'16"W., A DISTANCE OF 26.62 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 43°17'10", A CHORD BEARING OF N.72°45'09"W., AND A CHORD LENGTH OF 7.38 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 7.55 FEET; THENCE N.51°06'34"W., A DISTANCE OF 85.74 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 47004'29", A CHORD BEARING OF N.27°34'20"W., AND A CHORD 2 OF 5 OR: 3273 PG: 2999 EXHIBIT OF-L SHEET 3 AVPLAT2003-AR3774 LENGTH OF 3.99 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.11 FEET; THENCE N.04°02'05"W., A DISTANCE OF 23.44 FEET TO THE POINT OF CURVATUR~ OF A CURVE TO THE LEFT HAVING: A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 46°55'35", A CHORD BEARING OF N.27°29'53"W., AND A CHORD LENGTH OF 55.74 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 57.33 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 89o51'06", A CHORD BEARING OF N.06°02'07"W., AND A CHORD LENGTH OF 7.06 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.84 FEET; THENCE N.38°53'26"E., A DISTANCE OF 75.20 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 03°36'14", A CHORD BEARING OF N.37°05'19"E., AND A CHORD LENGTH OF 13.84 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 13.84 FEET; THENCE N.35°17'12"E., A DISTANCE OF 28.99 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 06°14'11", A CHORD BEARING OF N.38°24'17"E., AND A CHORD LENGTH OF 19.58 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 19.59 FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 49054'53'', A CHORD BEARING OF S.46°08'17"E., AND A CHORD LENGTH OF 129.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 133.57 FEET TO THE END OF SAID CURVE; THENCE S.71°05'46"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 109.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO TI-iE LEFT, HAVING: A RADIUS OF 87.10 FEET, A CENTRAL ANGLE OF 24°19'50", A CHORD BEARING OF S.83°15'38"E., AND A CHORD LENGTH OF 36.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.99 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 94°25'28", A CHORD BEARING OF S.48o13'03"E., AND A CHORD LENGTH OF 58.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 65.92 FEET TO THE END OF SAID CURVE; THENCE S.01°00'37"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 54.65 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 69°16'02", A CHORD BEARING OF S.33°37'34"W., AND A CHORD LENGTH OF 45.47 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 48.36 FEET TO TH~ POINT OF BEGINNING. PARCEL CONTAINS 1.04 ACRES, MORE OF LESS. TI-IE TOTAL AREA OF THE LAND DESCRIBED IS 1.22 ACRES, MORE OR LESS. 3 OF5 OR: 3273 PG: 3000 EXHIBIT "A" SHEET 4 OF $~ ~"~ AVPLAT2003-A~774~r BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO TI~ -- PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~ 01/07/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY /t,~:.- PROOFED BY ~ Z:LEGAL DESCRIPTIONS/0095/LAKE MODIFICATION LEGALSkLM&DE.LWP (SEE ATTACHED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENT.DWG) 4OF 5 327 001 · t. EaEn~ SHEET 5 OF 5 ''~'-- w P.O.B PAINT ur BFGJNNIMG Pl].C POINT DF COMMENCEMENT AV?LAT2003-AR37'74 - OR ENLARGED. LIO N69'O7'54°IV 28.88' 42~'~ ? ~1( L I5 NSI °06 '24"tV , 85. 74' o~m~a~ J ~ L~O ~0] '00'37'E 54.65' J POI~ L21 NOO*O7'OI'E ]00.98' ~ L5 ~ // CURVETAB~ L22 ~62'54'10'E 5567' I~'~ l ---~-~PvE RgD1U$ A~E DELTA TAN5ENT CHORD BEARING N0]'00'37'~ ~ ~ C4 ]0.00' 14.~' 8]"20'0]' 8,5~ 13.05' ii! ] OL~~'~ ~ C% I0.00' 7.55' 43'17'10' 3.97 7.~' '1 ~ ~ ~ l~vaN ~ C8 5.00' 4,1l' 47'04'~9' 2.]8 3,99' N27'34'20'M SOUTHWEST CD~NE~ DF TRACT A, CA~ILLDN, PLAT BUDK ~1, PAGES 59-61 CIO 5,00' 7.84' 89"51'05' 499 7.06' CJI ~0,00' ~3.84' 3'36']4' 6.9~ I3.84' N37'OS'lS'E 13 BEARINGS REFER TD CARILLaN, ACCORDING TO THE PLAT ~13 153.32' 13257' 49'54'53' 71,26 12R38' ~46'08'17'E THEREBF RECDRDED IN PLAT BDDK ~], PAGES 59 - 6~ ~14 87.]0' 35,~9' ~4'19'50' ]8,78 3&.71' S83'15'38'E DF THE PUBLIC ~[CD~DS OF CBLL]ER CDUNTY, FLORIDa. C~5 40,00' ~.~' 94'~'~8' 43,~] 58.7~' 23 THIS PRQPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR CIG 40.00' 48,36' 69'16'0~' ~7,63 45.47' S33'37'34'~ ~EST~]ET]DNS DF RECD~D C17 ~0.00' 40.81' 116'54'5~' 3~.58 34,09' NSS'34'56'E 3,) DIMENSIDNS SHDVN HEREBN ARE IN FEET AND DECIMALS THEREDF,c]C]8~ 55.65'48,55, 6~,78'80'79' g18]'07'50"11 '03' 47.644].60 63.18'7~'38' N76'29'O4'EN76 '30'34 SHE~ 5 OF5 THIS IS NOT A SURVEY c~o 40.00' 3409' 48'50'05' 18.16 33.07' 587'19'~3'E SKETCH TO ACCOMPANY LEGAL DESCRIPTION B~LS SURVEYORS · MAPPERS INC. DRAINAGE EASEME~ TO BE VACATED g ,,~ ~ A PORTION OF TRACTA, 1~2-A RAIL HEAD BLVD. CARILLON ~ ~ ~ ~ PLATBOOK21PAGES~-61 ~ ~ ~ ~ NAPLES,~ORIDA~110(~9)597-1315 ~ ~ ~ COLLIER COUNTY, FLORIDA 'OR: 3273 PG: 1711 BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 EXHIBIT "B" SHEET I OF 5 AVPLAT2003-AR3774 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ADDED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; TI-{ENCE N.01 °00'37"W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 399.61 FEET; THENCE N.38°29'55"E., ALONG SAID WEST LINE, A DISTANCE OF 204.90 FEET; THENCE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 72.27 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01 °00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 67.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 55.31 FEET, A CENTRAL ANGLE OF 102°45'51 ", A CHORD BEARING OF N.50°49'20"E., AND A CHORD LENGTH OF 86.43 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 99.20 FEET TO THE END OF SAID CURVE; THENCE S.77°38'23"E., A DISTANCE OF 64.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 29059'23'', A CHORD BEARING OF N.87°21'55"E., AND A CHORD LENGTH OF 28.46 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 28.79 FEET TO THE END OF SAID CURVE; THENCE N.72°22'I4"E., A DISTANCE OF 28.53 FEET TO THE POINT OF CURVATUR~ OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 17°44'47'', A CHORD BEARING OF N.81°I4'37"E., AND A CHORD LENGTH OF 29.31 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 29.42 FEET TO THE END OF SAID CURVE; THENCE S.89°52'59"E., A DISTANCE OF 101.15 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 88°52'22'', A CHORD BEARING OF S.45°26'48"E., AND A CHORD LENGTH OF 70.01 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 77.56 FEET TO THE END OF SAID CURVE; THENCE S.01°00'37"E., A DISTANCE OF 71.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 89°59'54'', A CHORD BEARING OF S.43°59'20"W., AND A CHORD LENGTH OF 3002 1 OF5 OR: 32?3 PG: 3003 EXHIBIT "B" SHEET 2 OF 5 ~ 70.71 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO THE END OF SAID CURVE; THENCE S.88°59'17"W., A DISTANCE OF 63.92 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 12°05'59", A CHORD BEARING OF S.82°56'17"W., AND A CHORD LENGTH OF 59.02 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 59.13 FEET TO THE END OF SAID CURVE; THENCE S.76°53'18"W., A DISTANCE OF 41.39 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 28°08'24'', A CHORD BEARING OF S.62°49'06"W., AND A CHORD LENGTH OF 87.52 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 88.40 FEET TO THE END OF SAID CURVE; THENCE S.48°44'54"W., A DISTANCE OF 48.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 07°13'31'', A CHORD BEARING OF S.45°08'09"W., AND A CHORD LENGTH OF 22.68 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 22.70 FEET TO A POINT ON SAID EASTERLY LINE THE SAME BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 24o06'47'', A CHORD BEARING OF N.09°07'27"W., AND A CHORD LENGTH OF 64.05 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.53 FEET TO THE END OF SAID CURVE; THENCE N.02°55'59"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 52.37 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 50°23'41", A CHORD BEARING OF N.22°16'15"W., AND A CHORD LENGTH OF 42.57 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 43.98 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL CONTAINS 1.56 ACRES, MORE OF LESS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 °00'37"W., ALONG SAID WEST LINE OF SAID TRACT A, A DISTANCE OF 19.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N.84°17'48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°10'46", A CHORD BEARING OF N.86°06'51"E., AND A CHORD LENGTH OF 4.47 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77°36'28", A CHORD BEARING OF N.47°24'00"E., AND A CHORD 2OF 5 OR: 3273 PG: 3004 sHeE'r 3 o~..,~/ AVPLAT2003-AR3'774 LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.08°35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 81°30'01", A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAID CURVE; THENCE S.89°54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°07'01"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°54'52'', A CHORD BEARING OF N.58°34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81o07'50'', A CHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF CURVATLrRE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 81°11'03", A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48050'04'', A CHORD BEARING OF S.87°19'23"E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE; THENCE S.00°58'15"E., A DISTANCE OF 10.02 FEET; THENCE S.22°47'25"W., A DISTANCE OF 35.42 FEET; THENCE N.90°00'00"W., A DISTANCE OF 14.40 FEET; THENCE N.00°00'00"E., A DISTANCE OF 17.64 FEET; THENCE N.90°00'00"W., A DISTANCE OF 17.05 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE OF 132°58'46'', A CHORD BEARING OF N.90°00'00'W., AND A CHORD LENGTH OF 60.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 75.94 FEET TO THE END OF SAID CURVE; THENCE N.90°00'00"W., A DISTANCE OF 16.06 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 104.71 FEET, A CENTRAL ANGLE OF 35°33'17'', A CHORD BEARING OF S.00°00'32"E., AND A CHORD LENGTH OF 63.94 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.98 FEET TO THE END OF SAID CURVE; THENCE S.90°00'00"E., A DISTANCE OF 16.05 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE OF 3 OF5 OR: 3273 PG: 3005 SHEET 4 OF 5 AVPLAT2003-AR3774 13°48'11", A CHORD BEARING OF S.30°25'01"E., AND A CHORD LENGTH OF 7.86 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.88 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 77o04'35", A CHORD BEARING OF S.44°41'34"W., AND A CHORD LENGTH OF 43.61 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 47.08 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 74.09 FEET, A CENTRAL ANGLE OF 20°04'16", A CHORD BEARING OF N.86°54'33"W., AND A CHORD LENGTH OF 25.82 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 25.95 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 11°56'19", A CHORD BEARING OF N.83o56'03"W., AND A CHORD LENGTH OF 16.64 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 16.67 FEET TO THE END OF SAID CURVE; THENCE N.89°54'13"W., A DISTANCE OF 69.67 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.45 ACRES, MORE OF LESS. TOTAL AREA OF LAND DESCRIBED IS 2.01 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ~ 01/08/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY ~,ag~.~ PROOFED BY "~:~ Z:LEGAL DESCRIPTIONS/0095/LAKE MODIFICATION LEGALS~LM&DEII. LWP (SEE ATTACHED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENTSII.DWG) 4OF 5 *** OR: P.D.B. P,O.E, EXHIBIT "B" ~.EOEM~ SHEET 5 OF 5 POINT DF BEGINNING AVPLAT2003-AR3774 POINT OF COMMENCEMENT I I P.O.B, F ........ -~--~9-Tc77~' c35 ~ -- , .... ~_Z2~--~ ~ c~ SOUTHWEST COENER OF TRACT A, CARILLON, PLAT BOOK el, PAGES 59-61 C~ C~5 C~ ~: 1.) BEARINGS REFER TO CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGES 59 - 61 OF THE PUBLIC RECORDS OF C~LLIER COUNTY, FLORIDA [~) THIS pROPERTY IS SUBJE~T ~O EASEHENT~, RESERVATIONS OR RESTRICTIONS OF RECORD, C22 3.) DIHENSIDNS SHOWN HEREON ARE IN FEE~ AND DECIMALS THEREOF,~34 C25 SCALE~ 1' = 80' THIS EXHIBIT MAY HAVE BEEN REDUCED BR ENLARGED, LINE TABLE LINE ~EAR]N6 L3 NO; '~0'37'W L 4 N08 '35 '46 L5 ~89'54'13'£ L 21 NOO °07 '01 'E L22 $62'54'10'E L23 NOi'O0~37'~ l P4 S77°38'23'E L25 N72'22'14~g L26 $89'52'59'E L27 S01'00'37'E L28 S88'59'I7'W L29 S76'53'18 L30 S48'44'54'~d L31 N02'55'59'[ L32 S00'58'15'E L33 S22'47'25'W L34 N90'OO'OOqV L35 NOO'OO'OO'E L 36 Ngo'00'O0' L37 N90°00'00 t 36 590'00'00'E L39 N~9'54'13'~ CURVE TABLE RADIUS ARC DELTA TANGENT CHORD 210,82' 12.71' 3'27'20' 6.36 12,71' 1427,67'4.47' 0'10'46' 2.24 4.47' 40.00' 54,18' 77'36'28' 32,17 50.13' 10.00' 14.22' 81 '30'01 ' 8,62 13,06' 20.00' 40,81' 116°54'52,32,58 34.09' 55, 65' 78.80' 81 'O 7 '50 ' 47. 64 72. 38 ' 48.55' 68.79' 81'11'03' 41.60 63,18' LENGTH 19.53' 29.63' 84.02' 100.98' 55.67' 6Z56' 64, 76' 28.53' 101.I5' 71.67' 63. 98' 41.39' 48.56' 52,37' 10.02' 35.42' 1440' 17.64' 1705' 1606' I6.05' 69.67' 1502.A RAIL HEAD BLVD. NAPLES, FLORIDA 34110 (239)597-1315 SKETCH TO ACCOMPANY LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ADDED A PORTION OF TRACTA, CARILLON PLAT BO0 PAOES COLLIER COUNTY, FLORIDA THIS IS NOT A SURVEY C36 BBLS SURVEYORS & MAPPERS INC. 40.00' 34.09' 48'50'04' 18.16 55.31' 99,20' I02'45'51'69.24 55.00' 28,79' 29'59'23' 1473 95.00' 29.42' 17'44'47' 14.83 50.00' 77. 56' 88 '52'22'49 03 50.00' 78.54' 89'59'54' 50.00 280.00' 59.13' 12'05'59' 29.67 180.00' 88.40' 28°08'24' 45.11 180.00' 22,70' 7'13'31' 11.36 153.32' 64.53' 24'06'47" 32.75 5000' 43.98' 50'23'41' 23.53 38.72' 75.94' 132"58'46~ 75.2] 104,7l' 64,98' 35'33'17' 33.57 32.72' 7.8£' 13'48'11' 3.96 35.00' 47.08' 77'04 '35 '27.8,9 74.09' 25.95' ?0'04'16' 13.11 80.00' 16.67' r1'56'19' 8.37 BEARING N84'17'48'£ NB6'O6'51'E N47'24 'O0'E N49 '20'46 'f N58 '34 '56 'E N76'29'04'E N76 '30'34'E 33,07' S87'19'23'E 86.43' NSO'49'~OT 28.46 ' N87'21 '55'E 29. 3I' NO1 '14 '37 'E 70.01' 545'26 '48'E 70.7I' 543'59'20'W 59.02' 382 '56 '17'g; 87.52' 562'49'06'W 22.68' 545'08'09'W 64.05' Nog'o7'27'W 42.57' N22'JG'IS'W 60,00' N90'00'00%/ 63.94' 500'00'32'E 7.86' 530o25'0I 43.61' 544'41'34'~ 25.82' N86 '54 '33'~/ 1664' N83"56 'O3'V 3171490 OR: 3274 PG: 2612 RBCORDBD in OFFICIAL RRCO~S of COLLIBR COUNTY, FL 04/25/2003 at 02:371'~( DffIOB? B. BROCK, CLIiRI Retn: INTBROFHC~ 47H ~LOOR B~? 7~tO RB¢ FB! 55.§0 DOC-.70 ,70 ¢OPIH 12.00 17D This instrument prepared by and retum to: William J. Dempsey CHEFFY, PASSIDOMO, WILSON & JOHNSON 821 Fifth Avenue South Naples, FL 34102 GRANT OF DRAINAGE EASEMENT THIS DRAINAGE EASEMENT, granted this ~' ~? day of March 2003, by Wallace L. Lewis, Jr., as Trustee under the provisions of that certain unrecorded Declaration of Trust dated August 1, 1991 ("Grantor"), to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio Collier County, a political subdivision of the State of Florida, its successors and assigns (the "Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement enter upon and to construct, install, and maintain water management and drainage facilities, structures and improvements, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land to maintain said easement. GRANTOR covenants that it has the right to convey this Easement and that Grantee and its successors and assigns shall have quiet and peaceful use, enjoyment, and possession of said Easement. PROVIDED, HOWEVER, that Grantee shall have no responsibility for maintenance of the easement area and stormwater and drainage facilities and equipment installed or constructed thereupon or therein; and further provided that this grant of easement is conditioned on vacation by the Collier County Board of County Commissioners of the platted drainage easement across the lands described in attached Exhibit "B." [remainder of page intentionally left blank] OR: 3274 PG: 2613 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. "~y0allace L. Lewis, Jr., as Ti'frs ee~'~16r th~' lprovisions of that certain unre/~o}nled Declaration of Trust dated August 1, 1991 v State of Florida County of Miami-Dade The foregoing instrument was acknowledged personally before me on March 6, 2003, by Wallace L. Lewis, Jr., as Trustee under the provisions of that certain unrecorded Declaration of Trust d.ated August 1, 1991, who is personally known to me or who has produced ~l otrt'~red~ / ~'C~ ~--as proof of identity. il ~.~.:..~/~.*.g EXPIRES: October 17, 2003 !~4~,I~$~ Bonded Thru Nohaty Pub,lc Underwdtors F:\wpdocsLRE~BANYAN.WDS\vacation of easement~)rainage Easement.wpd OR: 3274 PG: 2614 BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 17D LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ADDED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 °00'37,,W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 399.61 FEET; THENCE N.38°29'55"E., ALONG SAID WEST LIN'E, A DISTANCE OF 204.90 FEET; THENCE N.01°00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 72.27 FEET TO A POINT ON THE EASTERLY LINE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01°00'37,,W., ALONG SAID WEST LINE, A DISTANCE OF 67.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 55.31 FEET, A CENTRAL ANGLE OF 102°45'51", A CHORD BEARING OF N.50°49'20"E., AND A CHORD LENGTH OF 86.43 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 99.20 FEET TO THE END OF SAID CURVE; TI-DENCE S.77°38'23"E., A DISTANCE OF 64.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 29°59'23", A CHORD BEARING OF N.87°21'55"E., AND A CHORD LENGTH OF 28.46 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 28.79 FEET TO THE END OF SAID CURVE; THENCE N.72°22'14"E., A DISTANCE OF 28.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 95.00 FEET, A CENTRAL ANGLE OF 17°44'47'', A CHORD BEARING OF N.81°14'37"E., AND A CHORD LENGTH OF 29.31 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 29.42 FEET TO THE END OF SAID CLrRVE; THENCE S.89.°52'59"E., A DISTANCE OF 101.15 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 88°52'22", A CHORD BEARING OF S.45°26'48"E., AND A CHORD LENGTH OF ' 70.01 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 77.56 FEET TO THE END OF SAID CURVE; THENCE S.01°00'37"E., A DISTANCE OF 71.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 89°59'54", A CHORD BEARING OF S.43°59'20"W., AND A CHORD LENGTH OF I OF 5 /~' OR: 3274 PG: 2615 !70 70.71 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO THE END OF SAID CURVE; THENCE S.88°59'17'W., A DISTANCE OF 63.92 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 280.00 FEET, A CENTRAL ANGLE OF 12005'59'', A CHORD BEARING OF S.82o56,17,,W., AND A CHORD LENGTH OF 59.02 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 59.13 FEET TO THE END OF SAID CURVE; THENCE S.76°5YlS'W., A DISTANCE OF 41.39 FEET TO THE POINT OF CURVATUR~E OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 28°08'24'', A CHORD BEARING OF S.62°49'06"W., AND A CHORD LENGTH OF 87.52 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 88.40 FEET TO THE END OF SAID CURVE; THENCE S.48°44'54"W., A DISTANCE OF 48.56 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 07°13'31 ', A CHORD BEARING OF S.45°08'09"W., AND A CHORD LENGTH OF 22.68 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 22.70 FEET TO A POINT ON SAID EASTERLY LINE THE SAME BEING THE POINT OF CURVATUID~ OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 24°06'47'', A CHORD BEARING OF N.09°07'27"W., AND A CHORD LENGTH OF 64.05 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.53 FEET TO THE END OF SAID CURVE; ~i~rtENCE N.O2O55,59,E., ALONG SAID EASTERLY LINE, A DISTANCE OF 52.37 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 50°23'41', A CHORD BEARING OF N.22°16'15"W., AND A CHORD LENGTH OF 42.57 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 43.98 FEET TO THE END OF SAID CURVE AND THE POINT OF BEGINNING. PARCEL CONTAINS 1.56 ACRES, MORE OF LESS. COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 o00'37-W., ALONG SAID WEST LINE OF SAID TRACT A, A DISTANCE OF 19.53 FEET TO THE POINT OF CURVATURE OF A. CURVE TO THE RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N.84°I 7'48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COIviPO~ CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°10'46'', A CHORD BEARING OF N. 86°06'51 "E., AND A CHORD LENGTH OF 4.47 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77036'28'', A CHORD BEARING OF N.47°24'00"E., AND A CHORD 2OF5 OR: 3274 PG: 2616 LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CORVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.08°35'46"E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 81°30'01 ", A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAD CURVE; THENCE S.89°54'13"E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°07'01 "E., ALONG SAID EASTERLY LINE, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°54'52", A CHORD BEARING OF N.58°34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC.LENGTH OF 40.81 FEET TO THE POiNT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81°07'50", A CHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LINE AND T(--~ ARC OF SAD CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 81°11'03", A CHORD BEARING OF N.76°30'34"E.,.AND A CHORD LENGTH OF 63.18 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48°50'04'', A CHORD BEARING OF S.87°19'23"E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE; THENCE S.00°58'15',E., A DISTANCE OF 10.02 FEET; THENCE S.22°47'25"W., A DISTANCE OF 35.42 FEET; THENCE N.90°00'00"W., A DISTANCE OF 14.40 FEET; THENCE N.00°00'00"E., A DISTANCE OF 17.64 FEET; THENCE N.90°00;00"W., A DISTANCE OF 17.05 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 32.72 FEET, A CENTRAL ANGLE OF 132°58'46'', A CHORD BEARING OF N.90°00'00"W., AND A CHORD LENGTH OF 60.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 75.94 FEET TO THE END OF SAID CURVE; THENCE N.90°00'00"W., A DISTANCE OF 16.06 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 104.71 FEET, A CENTRAL ANGLE OF 35°33'17", A CHORD BEARING OF S.00°00'32"E., AND A CHORD LENGTH OF 63.94 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 64.98 FEET TO THE END OF SAID CURVE; THENCE S.90°00'00"E., A DISTANCE OF 16.05 FEET TO THE POiNT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A PAD[US OF 32.72 FEET, A CENTRAL ANGLE OF 3OF5 ~ OR: 3274 PG: 2617 170 13°48'11", A CHORD BEARING OF S.30°25'01"E., AND A CHORD LENGTH OF 7.86 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.88 FEET TO THE POINT OF CURVATUR_E OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 77°04'35'', A CHORD BEARING OF S.44°41'34"W., AND A CHORD LENGTH OF 43.61 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 47.08 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 74.09 FEET, A CENTRAL ANGLE OF 20°04'16'', A CHORD BEARING OF N.86°54'33"W., AND A CHORD LENGTH OF 25.82 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 25.95 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 11°56'19", A CHORD BEARING OF N.83°56'03"W., AND A CHORD LENGTH OF 16.64 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 16.67 FEET TO THE END OF SAID CURVE; THENCE N.89°54'13"W., A DISTANCE OF 69.67 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.45 ACRES, MORE OF LESS. TOTAL AREA OF LAND DESCRIBED IS 2.01 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF TIdE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TI-tiS PROPERTY IS SLrBJECT TO EASENIENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 01/08/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY/,,/,.d(_.. PROOFED BY "~t5=5 Z:LEGAL DESCRIPTIONS/0095/LAKE M~)DIFICATION LEGALSYLM&DEII. LWP (SEE ATTACHED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENTSII.DWG) 4OF5 EXHIBII OR: 32_74 PG: 2618 P.OB. ROINT OF P.O,C. POINT OF COHHENEEMENT ,. >. ..," ..,.,. ...... ,./ ,' ........ / ....../.~7 . -....':?~, ;;. ..-..?:,.? % ', ,~ ,~< s~z~ ~zu~, '""- ~/ ',' O~ ENLARGED .... ..// - - ~/ ~.~.~, '. ...'-.....~7 .-.....j~/ a~/I - '"..,:~..~ ,~/ ~ ~3 NOI'O0'3~'~ 19.53' ,~ m~ ~ L4 NO8'35W6'E 2962 ~77~~ a ~ L2~ S77'38'83'E 6476' L2D N72'22'I~'E 28.53' ' L26 S89'52'59'E lOI./5' ~ : L27 SOl'OO'3.7'E T~67' L~9 S76'53'28'1g 41 39' ~ L20 ~48'44'54'~d 48.56' L3/ NO~'55'59'E 5~.37' L33 S~'47'~5'W 35.~' L35 NOO'OO'OO'E 17.64' L ]6 N90'00'00 9~ /7.05' L]7 Ngo'oo'OO'IV /6.06' L L39 NSD'54'I3'W 69.67' l¥TM'--2{~' I ,P,O.B. c,u~v£ L5 CURVE TABLE I~ADIU3 ARC ~ELTA T~NGENT CHORD ~E~RING 210.82' 12. 71' 3'27'20' 6.36 12. 7I'NE4'17'48'E 14~Z67' 4.47' 0'10'46' 2.24 447' N86'O6'51'E 40.00' 54.~8' 77'36'~' 3~.17 50.1~' N47'~4'OO'E 10,00' 14.~' ~I'~O'OI' ~.5~ 13.06' ~O. 00' 40,~1' H~'54'SP' 3~.5~ 34.09' 55. 65' 7E. EO' 8J '~7'50 '47 64 7E 38 ' N76 4855' 68.79' 81'I1'03' 4L60 63.18' N76'30'34'E 40.00' 34.09' 48'50'04' 18.16 3~07' 55.31' 9920' 10~'45'51' 69.~4 86.43' N5E'49'~O'E 55.00' ~8.79' ~9'59'~3' 14.7~ ~R46' 95.00' ~9.4~' 17'40'47' 14.83 ~9.31' NSi'I4'3Z'E 50.00' 7Z56' 88'5~'E~' 49,03 70.01' 50.0~' 78.54' 89'59'54' 50.00 70.71' ~80.00' 59.13' 1~'05'59' ~967 59,0~' IBO, O0'88,40' ~8'08'~4' 45.1I 87.~' 180,00' 2E70' 7'13'31' 11.26 22.68' 545'08'09'~ t53.3~' 6 n.53' ~4'06'4 7' 3~.75 64.05' N09'07'~7'~ 50.00' 43.98' 50'~3'41' ~3.53 4~.57' 3~.7~' 7594' 13~'58'46' 75.~1 60.00' NgO'OO'OO'W 104.71' 64.98' 35'33'17' 23.57 63.94' SO0'O0'3~'E 3~. 7~' 7.88' 13'48'U ' 3. 96 7.~6' S30'~5'0~ 35.00' 47.08' 77'04'35' ~788 4~.61' ~4~ 74.09' ~5.95' ~0'04'16' /3.11 ~5.8~' 80.00' 16.67' 11'56'19' 8.~7 16. b4' I SOUTHWEST CORNER rlF TRACT A, CARILLON. PLAT BOOK 31, PAGES 59-61 C! £2 C4 C17 C19 C20 C21 C22 C23 C24 CE5 C26 C27 C28 C30 C31 NOTES: 1.) BEARINGS REFER TO CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21. PAGES 59 - 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORID~. 2.) ~HIS PROPERTY I[ SUBJECT TO EASEMENTS, RESERVATION[ OR RESTRICTIONS OF RECORD. C33 3.) DINENSIOHS SHOWN HEREON ARE IN FEET AND 'DECIMALS THEREOF.C34 C25 SHEET 5 OF 5' THIS IS NOTA SURVEY CJ6 SKETCH TO ACCOMPANY LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE ADDED A PORTION OF TRACTA, CARILLON PLAT BOOK 21 PAGES 59- $I COLLIER COUNTY, FLORIDA BBLS SURVEYORS & MAPPERS INC 1502-A RAIL HEAD BL VD. ~APLES, FLORIDA 341 tO (239) 597.131', OR: 3274 PG: 2619 BBLS SURVEYORS & MAPPERS INC. 1502-A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: 239-597-1315 FAX: (239) 597-5207 LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE VACATED A PORTION OF TRACT A, CARILLON, ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLLER COUNTY, FLORIDA. COM2VI]ENCING AT THE SOUTHWEST CORNER OF SAID TRACT A, CARILLON; THENCE N.01 ~00!37"W., ALONG THE WEST LINE OF SAID TRACT A, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.01 °00'37"W., ALONG SAID WEST LINE, A DISTANCE OF 4.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 210.82 FEET, A CENTRAL ANGLE OF 03°27'20'', A CHORD BEARING OF N.84°17'48"E., AND A CHORD LENGTH OF 12.71 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 12.71 FEET TO THE POINT OF CURVATURE OF A COMPOUND CURVE TO THE RIGHT HAVING: A RADIUS OF 1,427.67 FEET, A CENTRAL ANGLE OF 00°10'46',, A CHORD BEARING OF N.86°06'51 "E., AND A CHORD LENGTH OF 4.47 FEET; TI-EENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 4.47 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 77°36'28'', A CHORD BEARING OF N.47°24'00"E., AND A CHORD LENGTH OF 50.13 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 54.18 FEET TO THE END OF SAID CURVE; THENCE N.08°35'46,E., A DISTANCE OF 29.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADiUS OF 10.00 FEET, A CENTRAL ANGLE OF 81 °30'01 ", A CHORD BEARING OF N.49°20'46"E., AND A CHORD LENGTH OF 13.06 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 14.22 FEET TO THE END OF SAID CURVE; THENCE S.89°54'13,E., A DISTANCE OF 84.02 FEET TO A POINT ON THE EASTERLY LFNE OF A DRAINAGE EASEMENT PER SAID PLAT OF CARILLON, SAID POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE S.00°07'01 "W., ALONG SAID EASTERLY LINE, A DISTANCE OF 28.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: ..~. A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF'90°00'00'', A CHORD BEARING OF S.45°07'01"W., AND A CHORD LENGTH OF 70.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE AN ARC LENGTH OF 78.54 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID I OF5 OR: 3274 PG: 1711 DRAINAGE EASEMENT AND THE END OF SAID CURVE; THENC~ N.89°52'59"W., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 102.13 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.18 ACRES, MORE OF LESS. 2620 COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE N.00°07'01 "E., ALONG THE EASTERLY LINE OF SAID DRAINAGE EASEMENT, A DISTANCE OF 100.98 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 116°54'52", A CHORD BEARING OF N.58°34'56"E., AND A CHORD LENGTH OF 34.09 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 40.81 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55.65 FEET, A CENTRAL ANGLE OF 81°07'50", A CHORD BEARING OF N.76°29'04"E., AND A CHORD LENGTH OF 72.38 FEET; THENCE ALONG SAID EASTERLY LiNE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 78.80 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 48.55 FEET, A CENTRAL ANGLE OF 8'1°11'03", A CHORD BEARING OF N.76°30'34"E., AND A CHORD LENGTH OF 63.18 FEET; THENCE' ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 68.79 FEET TO THE END OF SAID CURVE; THENCE S.62°54'10"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 55.67 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 48°50'05'', A CHORD BEARING OF S.87°19'23"E., AND A CHORD LENGTH OF 33.07 FEET; THENCE ALONG THE ARC OF SAITM CURVE, AN ARC LENGTH OF 34.09 FEET TO THE END OF SAID CURVE, SAID POINT BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE N.00°58'15"W., A DISTANCE OF 44.97 FEET; THENCE N.31°49'I 8"W., A DISTANCE OF 30.59 FEET; THENCE N.69°07'54"W., A DISTANCE OF 28.88 FEET; THENCE S.74°15'36"W., A DISTANCE OF 65.04 FEET; THENCE S.38°53'30"W., A DISTANCE OF 71.31 FEET; THENCE N.77°41'29"W., A DISTANCE OF 21.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 16°42'15'', A CHORD BEARING OF N.86°02'36"W., AND A CHORD LENGTH OF 34.86 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 34.99 FEET; THENCE S.85°36'16"W., A DISTANCE OF 26.62 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 10.00 FEET, A CENTRAL ANGLE OF 43°17'I0'', A CHORD BEARING OF N.72°45'09"W., AND A CHORD LENGTH OF 7.38 FEET; THENCE ALONG THE ARC' OF SAID CURVE AN ARC LENGTH OF 7.55 FEET; TItENCE N.51 °06'34"W., A DISTANCE OF 85.74 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 47°04'29'', A CHORD BEARING OF N.27°34'20"W., AND A CHORD 2OF5 EXHORT OR: 3274 PG: 2621 17D LENGTH OF 3.99 FEET; THENCE ALONG THE ARC OFSAID CURVE AN ARC LENGTH OF 4.11 FEET; THENCE N.04o02,05,,W., A DISTANCE OF 23.44 FEET TO TI--IE POiNT OF CURVATURE OF A CURVE TO THE LEFT HAViNG: A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 46°55'35'', A CHORD BEARING OF N.27°29'53"W., AND A CHORD LENGTH OF 55.74 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 57.33 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT HAViNG: A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 89°51'06", A CHORD BEARING OF N.06°02'07"W., AND A CHORD LENGTH OF 7.06 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 7.84 FEE']['; THENCE N.38°53'26"E., A DISTANCE OF 75.20 FEET TO THE POiNT OF CURVATURE OF A CURVE TO THE LEFT HAVING: A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 03°36'14'', A CHORD BEAR/NG OF N.37°05'19"E., AND A CHORD LENGTH OF 13.84 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 13.84 FEET; THENCE N.35Ol 7'12,,E., A DISTANCE OF 28.99 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING: A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 06°14'11", A CHORD BEARING OF N.38°24'17',E., AND A CHORD LENGTH OF 19.58 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 19.59 FEET TO A POINT ON SAID EASTERLY LINE, SAID POINT BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 153.32 FEET, A CENTRAL ANGLE OF 49°54'53'', A CHORD BEARING OF S.46°08'17"E., AND A CHORD LENGTH OF 129.38 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 133.57 FEET TO THE END OF SAID CURVE; THENCE S.71 °05'46"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 109.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 87.10 FEET, A CENTRAL ANGLE OF 24°19'50'', A CHORD BEARING OF S.83°15'38"E., AND A CHORD LENGTH OF 36.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.99 FEET TO TIlE POiNT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 94°25'28'', A CHORD BEARING OF 8.48°13'03"E., AND A CHORD LENGTH OF 58.71 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 65.92 FEET TO THE END OF SAID CURVE; THENCE S.01 °00'37"E., ALONG SAID EASTERLY LINE, A DISTANCE OF 54.65 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 69°16'02'', A CHORD BEARING OF 8.33°37'34"W., AND A CHORD LENGTH OF 45.47 FEET; THENCE ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE, AN ARC LENGTH OF 48.36 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.04 ACRES, MORE OF LESS. THE TOTAL AREA OF THE LAND DESCRIBED IS 1.22 ACRES, MORE OR LESS. 3OF5 OR: 3274 PG: 2622 BEARINGS SHOWN I-[EREON REFER TO CARILLON, ACCORDING-To THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGES 59 THROUGH 61 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TH:IS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. _~....,--~--~,.. 2~ 01/07/03 STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296) BBLS SURVEYORS & MAPPERS INC., (L.B. #6753) PROOFED BY' /t,o-c_- PROOFED Z:LEGAL DESCRLPTIONS/0095/LAKE MODIFICATION LEGALSkLM&D£.LWp (SEE ATTACI-[ED SKETCH- LAKE MODIFICATION & DRAINAGE EASEMENT.DWG) 4OF5 *** OR: 3274 PG: 2623 *** LEGENO P O,C POINT OF COMMENCEMENT LINE TABLE . INE L 3 NO/'00'37' L 4 N08'35'46 L 5 £89'54'13'E L6 SO0'07'Ol'W L 7 N89 ~ 8 NO0 '58 V5 ' L 9 N31 '49'18 ' LIO N69'07'54 Lil ~74'15'36'd L IF ~38'53'30' LI3 N77'41'e9'V L]4 585'36'16'W L]5 N5I '06 '34 'V []6 N~4 L ] 7N38 '53 '~6 'E L 18 N35 '] 7 '12 '[ LI9 ~7~'05'46'~ L~O ~Ql '00'37'E L 21 N00'07'~1 'f L22 E62'54VO'E NOI '00'37' ~ L EN6 TH <53' 29,63' 8402' 28.00' 102.13' 44.97' 30.59' 28.88' 65.0~' ?1.31' 21.53' 26.62' 85.74' 23,44' 75.20' 28.99' 109.49' 54.65' I00. 98' 55.67' SDUTHXVEST CORNER OF TRACT A, CARILLON. PLAT BOOK 21, PAGES 59-61 NOTES: 1.) BEARINGS REFER ro CARILLON, ACCORDING ro tHE PLAT L5 TmaC~'cemaN~au~nnos C8 5.00' 4.Il' 47'04'29' 2.18 3.99' C9 70.00' 57.33' 46'55'35' 30.38 5~74' CIO 5.00' 7.84' 89'51'06' 4.99 7,06' CII 220.00'13.84' 3'36'14' 6.92 13.84' C12 180.00'1959' 6 '14'I1' 9.81 19.58' C7 814 C6 · POINT 'A' ....... - ' CURVE TABLE ~"~-~C?;~V~RADIUSARCDELTA~'ANG~NTCHD~D 210.82' 12.71' 3'27'~0' 6.36 12.71'  C2 I427.67'4.47' 0'10'46' 2.24 4.47' C3 40.00' 54.18' 77'36'28' 32.17 50,13' C4 10.00' I422' 81 '30'01 ' 8.62 1106' C5 50.00' 78.54' 90'00'00' 50.00 70.71' 06 120.00'34.99' 16'42'15" 17.62 C7 10.00" 7.55' 43'17'I0' 3.97 738' SCALE, l" = 80 TH[S EXHIBIT M~ aR ENLARGED· THEREOF RECORDED 1N PLAT BOOK 21, PAGES 59 - 61 C13 ]53.32' 133.57'49'54'53' 71.36 129,38' OF THE PUBLIC RECORDS CF COLLIER COUm',', FLORIDA. El4 87.10' 38.99' 24'I9'50· ]8.78 36.71' Cf5 40.00' 65.92' 94'25'2~' 43~1 5871' 2.} THIS PROPERTY ES SUBJECT TO EASEMENTS. RESERVATIONS OR C16 40.00' 40.36' 69'16'02' 27.63 45.47' ~EST~ICTIONS OF RECORD CI7 20.00' 40.8I' 116'54'52"32.58 34.09' CI9 48.55' 68.79' 8I'11'03' 4],60 63.18' SHEET5 0~ 5 THIS IS NOT A SUrVeY CPo ~aoo' 34,o~' 4~'5o'o5' ~ ~ 31o7' DR~INAG~ EASeMeNT TO BE VAOA TED m , ~ ~ A PORTIONOF TRACTA, ~ ~ ~ ~ CARILLON 1502-A RAIL HEAD BLVD. ~ ~ ~ PLATBOOK2~ PAGES59-61 ~ ~ ~ ~ COLLIER COUNTY, FLORIDA VAPLES, FLORIDA 34110 (239) 597-1315 BEARING N84 '17'48 N86 '06 'SI N 4 7 '24 '00 N4 9 "PO'4 $45'07'01 N86 '02 '36 N72'45'09't~' N27'34 '20'~ N2 7 '2 NO6 '02'~ N37 '05 '1 N38 '24 'I ~ 46 '08'~ 7'E ~3'15'38~E ~33'37'34 N58 '34 '56 N 76 '~9 N76 '30'3~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 1 7[ '~ ~ XXX Normal Legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/D~v: Comm. Dev. Serv./Planmng Person. Kay DeselerrlQ~,d Date. Petition No. (If none, give brief description): RZ-2002-AR-3539 Petitioner: (Name & Address): Coastal Engineering, Vincent A. Cautero, AICP, 3106 S. Horseshoe Dr., Naples, Fl. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Habitat for Humanity of Collier Co., Inc., 11550 Tamiami Trail E., Naples, Fl. 34113 f Hearing before [] BCC [] BZA [] Other Requested Hearing date: April 22, 2003, based on advertisement appe~ng 15 days before hearing. ? Newspaper(s) to be used: (Complete only if important): // XXX Naples Daily News [] Other [] L, 6gally Required Proposed Text: (Include legal description & common location & Size: RZ-2002-AR-3539, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Habitat for Humanity of Collier County, Inc., requests a rezone from "A" Rural Agricultural zoning district to "RSF-5(3)" Residential Single-Family zoning district to allow a maximum of 31 lots to be developed as a residential subdivision with some percentage to be set aside for affordable housing units. This property consists of 10.3± acres. This area may be added to a 26.4-acre subdivision that was approved for a maximum of 79 single-family home-sites that is located immediately to the north. The subject property is located at 10401 and 10407 Greenway Road, in Section 12, Township 51 South, Range 26 East, Collier County Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes [] No If Yes, what account should be charged for advertising costs: 113-138312-649110 6e6artm~t Head List Attachments: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ~" DateReceived.~-/~]-~ ~ Date of Public hearing: ~-o~ ~-~)3 Date Advertised: ~--~ ORDINANCE NO. 03 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1612N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IMMEDIATELY TO THE NORTH OF GREENWAY ROAD IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO RSF-5(3) RESIDENTIAL SINGLE- FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF 31 LOTS TO BE DEVELOPED AS A RESIDENTIAL SUBDIVISION WITH SOME PERCENTAGE TO BE SET ASIDE FOR AFFORDABLE HOUSING UNITS. PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering, representing Habitat for Humanity of Collier County, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "RSF-5(3)" Residential Single-Family zoning district, and the Official Zoning Atlas Map numbered 1612N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B", attached hereto and incorporated by reference herein: SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 17E PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Patrick G.-X~hfite ' ' Assistant County Attorney RZ-2002-AR-3539/KD/sp Exhibits:A: Legal Description B. Conditions LEGAL DESCRIPTION THAT PART OF THOSE LANDS AS RECORDED 'IN OFTIClAL RECORDS BOOK 1689 AT PAGE 832 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMblENCING AT THE SOUTHEAST CORNER, .OF, SAID SECTION 12; THENGE ALONG THE CORNER OF' SAID SECTION 12, N00'27 50 E 894.35 FEET FOR A PLACE OF BEGINNING; THENCE N89:56'55"W 1,361.53 FEET TO THE WEST UNE OF THE. SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE ALOHG SAID WEST UNE NOO'~4'O6"E 490.98 FEET TO THE NORTH UNE ~ THE SOUTHE~I~;T 1~4 OF' THE NORTH.,~E~. t~4 OF' SAID S~CTION___12_=.~ THENCE ALONG SAID NORTH LINE S89'56 55 UN£ Or s~. SECTION 12; THENCE ~,G SAID EAST URE OF SECTION ~2 S~27'S2~ 490.97 FEET TO THE PLACE ~OF *BEGINNING; ' BEING IN THE SOUTHEAST 1/4 OF" THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANG£ 28 mT, COWER Coum~r, F*mRIDA. CONTAINS m~.$4 ^CR~ ~0~ OR LESS. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY, AS RECORDED IN OFFICIAL RECORDS BOOK 2052 AT PAGE 812 OF SAID PUBUC RECORDS; COMMENCING AT THE; SOUTHEAST CORNER OF* SAID SECTION 12; THENCE ALONG THE EAST LINE OF SAID. SECTION 12, NOO'11'20'E, 2,743.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAID EAST UNE OF SECTION 12, N00'27'50'r' 854.35 FELT FOR A PLACE OF BEGINNING;. THENCE N89'56'55'W 443.00 FEET; THENCE NOO*$4'O6'E 4,90.97 FEET; 'THENCE S89°56'55"E 443.00 FEET TO THE EAST UNE OF SAID SECTION 12; THENCE ALONG THE EAST UNE OF SAID SECTION 12 S00'27'$0'W 490.98 F*EET, TO THE PLACE OF BEGINNING. BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 .EAST, COLUER COUHTY, FLORIDA. CONTAINS 5 ACRES OF LAND MORE OR LESS. AH EASEMENT FOR UTIUTIES AND FOR ROADWAY INGRESS AND E(~RES$ IS RESERVED OVER AND THROUGH THE SOUTHERLY 3;0 FEET OF THIS PROPERTY BY THE GRANTEES, THEIR HEIRS AND *SSIGNS IN PERPETUITY. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. Greenway Road Rezone Legal Descriptio~, Exhibit A RZ-2002-AR-3539 GREENWAY ROAD REZONE 17E 1. The subject parcel is limited to a maximum of 31 single-family homes, and the density is limited to a maximum of three units per acre. 2. All home purchasers must qualify as low-, very low-, or very, very low-income buyers. Approval of this rezoning does not imply that development approval will be forthcoming until legal access via a roadway built to county standards serves the site. Prior to the issuance of any development approvals, the property owner must show that this property has legal access via a roadway built to county standards. o The subject property contains a low area with a few large cypress and laurel oak. Other wetland plants are also present. The developer must provide a wetland jurisdictional determination at the time of site development/construction plan submittal. The Greenway Road project name and the internal roadway names must be changed prior to any site development review. The new names are subject to review and approval by the County's Addressing Division. 6. Development of the site is subject to LDC {}Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. Because there are no County maintained stormwater facilities being affected by this project, the rezoning review did not address the stormwater management requirements within the site. The project must demonstrate compliance with all requirements as part of site development review procedures. The developer of this site is encouraged to provide at least one centrally located children's play area/tot lot, that is at least ½ acre in size to include, but not be limited to playground equipment, landscaping and irrigation, walkways, picnic areas, open play area, benches and fencing if necessary for safety, to serve the residents of this development. This play area/tot lot should be provided prior to the issuance of the first certificate of occupancy for any structure in this project. The Master Site Plan submitted as part of the rezoning application is provided for illustrative purposes only. The site plan is not binding on the petitioner or the county. The subject property must be developed in compliance with all requirements of the LDC in effect when the project seeks development approvals, such as, but not limited to, the provision of: turn lanes in compliance with the LDC, sidewalks along both sides of roadways, 60 foot wide rights of way. Revised: 3/5/03 Conditions of Approval Exhibit B RZ-2002-AR-3539 March 18, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ2002-AR3539 Dear Georgia: Please advertise the above referenced notice on Sunday, April 6, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O./Account % 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, APRIL 22, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1612N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IMMEDIATELY TO THE NORTH OF GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM ~A" RURAL AGRICULTURAL TO ~RSF- 5(3)" RESIDENTIAL SINGLE-FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF 31 LOTS TO BE DEVELOPED AS A RESIDENTIAL SUBDIVISION WITH SOME PERCENTAGE TO BE SET ASIDE FOR AFFORDABLE HOUSING UNITS. PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONSi AND BY PROVIDING AN EFFECTIVE DATE. Petition No. RZ-2002-AR-3539, Vincent Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Habitat for Humanity of Collier County, Inc., requests a rezone from ~A" Rural Agricultural to "RSF-5(3)" Residential Single-Family zoning district. This property consists of 10.3+ acres. This area may be added to a 26.4- acre subdivision that was approved for a maximum of 79 single-family home-sites. The subject property is located at 10401 and 10407 Greenway Road. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted 17E to the appropriate County staff a minimum of seven days prior to the public hearinH. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedinHs pertaininH thereto and therefore, may need to ensure that a verbatim record of the proceedinHs is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Teri Michaels, Deputy Clerk (SEAL) 17E March 18, 2003 Mr. Vincent A. Cautero, AICP Coastal Engineering 3106 S. Horseshoe Dr. Naples, FL 34104 Re: Notice of Public Hearing to consider Petition RZ-2002-AR-3539 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure !7E March 18, 2003 Habitat For Humanity Of Collier County, Inc. 11550 Tamiami Trail E. Naples, FL 34113 Re: Notice of Public Hearing to consider Petition RZ-2002-AR-3539 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 22, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 6, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals@naplesnews.com ATTN:GEORGIA RE:RZ2002-AR3539 thanks! RZ2002-AR3539.do C RZ-2002-AR-3539, doc IL7E'~ Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fi.us Tuesday, March 18, 2003 10:20 AM Teri Michaels Delivery Status Notification (Relay) 17E Al-r279545.txt ATTN :GEORGIA RE: RZ2002-AR3539 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Tuesday, March 18, 2003 10:19 AM Ted Michaels Delivered: ATTN:GEORGIA RE:RZ2002-AR3539 ATTN:GEORG][A RE: RZ2002-AR3539 <<ATTN:GEORGT. A RE:RZ2002-AR3539>> Your message To: legals"'"'"'"'~naplesnews.com Subject: A TTN:GEORGT. A RE:RZ2002-AR3539 Sent: Tue, 18 Mar 2003 10:18:56 -0500 was delivered to the following recipient(s): legals on Tue, 18 Mar 2003 10:19:18 -0500 ATTN:GEORGIA RE:RZ2002-AR3539 Page 1 of 1 Teri Michaels I ?E From: legals [legals@naplesnews.com] Sent: Tuesday, March 18. 2003 2:13 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:RZ2002-AR3539 rcvd april 6 ok georgia ..... Original Message ..... From.' Teri Michaels [mailto:Teri. Michaels@clerk.collier.fl.us] Sent: Tuesday, March 18, 2003 10:19 AM To: legals@naplesnews.com Subject: Aq-I-N:GEORGIA RE:RZ2002-AR3539 thanks! <<RZ2002-AR3539.doc>> <<P,Z-2002-AR-3539.doc>> 3/19/2003 NapLes DaiLy News NapLes, FL 34102 ~ Affidavit of Publication Naples Daily Hews !7E BOARD OF COUNTY COHNISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 58637220 NOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personsLly appeared B. Lamb, who on oath says that she serves as Assistsnt Corporste Secretary of the NapLes Daily News, a daily newspaper published at NspLe$, in Collier County, Florids: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail Batter at the post office in Haptes, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person/ firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 04/06 AD SPACE: 167.000 INCH FILED ON; 04/07/03 Signature of Affiant Sworn to and Subscribed Personally known by me Oonna My Commission DDO56336 Expires September 11. 2005 ' NISTICE OF: INTENT TO CONSIDER ORDINANCE Notice Is hereby given fha.t on TUESDAY, APRIL 22, 2003, in the Boardroom, 3rd Floor Admlnlstratlon Building. Cailler County Govern- ment Center, 3301 East Tamlcml Troll, Naples, Florida, the Bocrd of County Commissioners will consider the enact- ment of a County Ordi- nance. The meeting will commence of 9:00 A.M. The title of the proposed Ordinance is as tgi ows: AN ORDINANCE AM. ENDING ORDI* NANCE NUMBER 91-102 THE COLLIER COUN-I TY LAND DEVELOP-I MENT CODE, WHICH ES-I TABLISHED THE COM-I PREHENSIVE ZONING/ REGULATIONS FOR/ THE UNINCORPORAT-| ED AREA OF COLLIER[ COUNTY, FLORIDA, BY1 AMENDING THE OFFI-I CIAL ZONING ATLASI MAP NUMBERED 1612NI BY CHANGING THE ZONING CLASSIFICA- TION OF THE HEREIN DESCRIBED PROPER- TY LOCATED IMMEDi- ATELY TO THE NORTH OF GREENWA~ ROAD, IN SECTION 12 TOWNSHIP 51 SOUTH RANGE 26 EAST, COL LIER COUNTY, FLORI DA, FROM ~An RURAl ,A, GRICULTURAL Tgi 'RSF-5(3)" RESIDEN-I T AL SINGLE-FAMILYI ZONING DISTRICT TO| ALLOW A MAXIMUMI OF 31 LOTS TO BE DE-J VELOPED AS A RESI-J DENTIAL SUBDIVISIO.NI WITH SOME PERCENT-i AGE TO BE SET ASIDEI FOR AFFORDABLEI HOUSING UNITS. PRO'l VIDING FOR STAFF AND PLANNING COM- MISSION STIPULA- TIONS: AND BY PRO- VIDING AN EFFECTIVE DATE. Petition NO. RZ.2002-AR- 353% Vincent Cautero, AICP, of Coastal Engl. neerlng Consultants Inc, representing Habl: tat for Humanity of Co- lief County, Inc., re- quests a rezone from "A" Rural Agrlcultura!l to "RSF-5(3)" Resldent.!all Single-Family zoning als-/ trlct. This property con-/ slsts of 10.3+ acres. Thls/ area may be added to al 26.4-acre subdlvJslonJ that was approved for a[ maximum of 79 stne~e-I family home-sites. The sublect propert~ Is Iocat. ed at 10401 and 1040; Greenwsv Road. Copies of the proposed Ordinance are on file with the Clerk fo the a mlnlmum of ~'e;~ days prior to the publl hearing All mater, lc used In ~resentatlons ~e fore the Board will be come a permanent parl of the reco~d. Any person who decides to appeal a decls on of the Board will need a re- cord of the ~roceedlng.~ pertaining thereto anc therefore, may need f¢ ensure that a verbatim record of the proceed. Ings Is mode, which re- cord Includes the tesfl. many and evidence upon wh ch the appeal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, · FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK CLERK By: IslTerl Michaels Deputy Clerk _~r!l 6 No. 12721 I?E ORDINANCE NO. 03 - 16 AN ORDINANCE AMENDING ORDINANCE NUMBER 91- 102 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1612N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IMMEDIATELY TO THE NORTH OF GREENWAY ROAD IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "RSF-5(3)" RESIDENTIAL SINGLE- FAMILY ZONING DISTRICT TO ALLOW A MAXIMUM OF 31 LOTS TO BE DEVELOPED AS A RESIDENTIAL SUBDIVISION WITH SOME PERCENTAGE TO BE SET ASIDE FOR AFFORDABLE HOUSING UNITS; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering, representing Habitat for Humanity of Collier County, Inc., in Petition RZ-2002-AR-3539 petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "RSF-5(3)" Residential Single-Family zoning district, and the Official Zoning Atlas Map numbered 1612N, as described in Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein: SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. I?E PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 22~ day of /~tOr"~ [ ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA q-22_.0~b Approved as to Form and Legal Sufficiency: Patrick G~. White Assistant County Attorney Exhibits: A: Legal Description B. Conditions RZ-2002-AR-3539/KD/sp 2 17E RGAL DESCRIPTION THAT PART OF THOSE LANDS AS RECORDED 'IN OFFICIAL RECORDS BOOK 1689 AT PAGE 832 OF THE PUBUC RECORDS OF COLMER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT Tile SOUTHEAST CORNER OF SAID SECTION 121 THENCE ALONG THE EAST UNE OF SAID SECTION 12, NOO'll'20"E, 2,745.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 121 THENCE CONTINUE ALONG SAID EAST LINE OF SAID SECTION 12, NOO'27'50'E 894.35 FEET FOR A PLACE OF BEGINNING; THENCE N89~56'55'W 1,561.53 FEET TO THE WEST UNE OF THE.SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 121 THENCE ALONG SAID WEST LINE NOO°34'O6"E 490.98 FEET TO THE NORTH LINE OF THE sOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 121 THENCE ALO#G SAID NORTH MNE S89'56'55'E 1,$60.64 FEET TO THE EAST UNE OF SA~ SECTION 121 THENCE ALONG SAID EAST LINE OF SECTION 12 S00°27'52'W 490.97 FEET TO THE PLACE *OF BEGINNING; BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 15.$4 ACRES MORE OR LESS. LESS ANO EXCEPT I'HE FOLLOWlNO DESCRIBEO PROPERTY, AS RECOROEO IN OFFICIAL RECORDS BOOK 2052 AT PAGE 812 OF SAIO PUBUC RECOROS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG THE EAST UNE OF SAID SECTION 12, NOO'll'20"E, 2,745.15 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 12; THENCE CONTINUE ALONG SAIO EAST LINE OF SECTION 12, NOO°27'50'E 894.$5 FEET FOR A PLACE OF BEGINNINO; THENCE N89°56'55'W 445.00 FEET; THENCE NOO'$4'O6'E 490.97 FEET; 'THENCE S89'56'55'E 445.00 FEET TO THE EAST MNE OF SAID SECTION 121 THENCE ALONG THE EAST UNE OF SAID SECTION 12 S00'27'50"W 490.98 FEET, TO THE PLACE OF BEGINNING. BEING IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINS 5 ACRES OF LAND MORE OR LESS. AN EASEMENT FOR UTIUTIES AND FOR ROADWAY INGRESS AND E~RESS IS RESERVED OVER AND THROUGH THE SOUTHERLY .50 FEET OF THIS PROPERTY BY THE GRANTEES, THEIR HEIRS AND ASSIGNS IN PERPETUITY. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORO. Greenway Road Rezone Legal Description Exhibit A RZ-2002-AR-3539 GREENWAY ROAD REZONE 17E 1. The residential density of the subject parcel is limited to a maximum of three units per acre and development of no more than 31 single-family dwelling units/residences. 2. All purchasers must qualify as low-, very low-, or very, very Iow-income buyers pursuant to then existing standards. Prior to the issuance of any site development plan approval, the property owner must demonstrate that the subject property has legal access to the site from the public road network. No building permits for construction on the subject parcel will be issued until a road constructed to County standards is constructed within the legal access to the site. No Certificates of Occupancy will be issued until the constructed road has been issued a Certificate of Compliance. The subject property contains a low area identified with a few large cypress and laurel oak and other "wetland" plant species. At the time of site development plan submittal the developer must provide evidence of a wetland jurisdictional determination of the low area by the agency with authority to render such determinations. 5. The project name and internal roadway names must be changed as part of the site plan development review, subject to review and approval by the County's Addressing Division. 6. Development of the site is subject to LDC §Section 2.2.25.8.1 regarding historical and archaeological ramifications for this site. Because there are no County maintained stormwater management facilities that will be affected by development of this project, the rezoning review did not address the stormwater management requirements within the site. The project must demonstrate compliance with all such requirements as part of its site development plan review procedures. The developer must provide at least one centrally located children's play area/tot lot, that is at least lA acre in size to include, but not be limited to playground equipment, landscaping and irrigation, walkways, picnic areas, open play area, benches and fencing (if necessary for safety), to serve the residents of this development. This play area/tot lot must be provided prior to, but not later than, when certificates of occupancy are issued for 80% of the units for this project. The Master Site Plan included as part of the application for this rezoning is illustrative only, and is not considered binding on the developer or the County as to any development approvals. The subject property must be developed in compliance with all requirements of the LDC in effect at the time a development request is submitted, including constructing required turn lanes, sidewalks along both sides of roadways, and providing a 60 foot wide right-of-way. 10. The developer must construct each home to include an attached single car garage. 11. Access to this site from Greenway Road must be designed to avoid alignment with the driveway for the parcel identified by Folio #00750600006. Revised: 4/4/03 to include changes made by the CCPC on 4/3/03 Conditions of Approval Exhibit B RZ-2002-AR-3539 ,17E STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-16 Which was adopted by the Board of County Commissioners on the 22nd day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of April, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio. t~ ,Board of County Commi~?~rs By: Pat'~%Cza~ L.. ~r~an, Deputy'~,Cle~', :~" COLLIER COUNTY OFFICE OF THE COUNTY MANAGER~ 330t EAST TAMIAMI TRAIL NAPLES FL 34112 Phone 239-774-8383 Fax 239-774-40! 0 To: Fax Number: From; Date: Total Pages: Minutes and Records 774-8408 Mery-Jo Coanty Manager's ~ April 11, 2003 3 Item !7 F on the 4122103 agenda is a companion to item !6 A 11, the title reads as follows: Companion Item to 16 (A). 1!_; A resolution by the Board of County Commissioners of Co!~er Coun~,~, FlOrida, approving the Fiscal Year 2003-2004 Collier Coun,~ Consolidated Plan One-Year A~ion Plan, for Commu~ty Development Block Grants (CDBG) and Home investment Partnerships (HOME) Program, authorizing necessary certifications, approving execution of CDBrG Sub=Recipient Agreements by CDES Division Administrator. authorizing submission ~ the Umted States Department of Housing and Urba,~ Development, and providing for an effective date, I didn't show an advedisement for this item, and checked wRh Community Development. Aha faxed me over the attached advertisement that she sa~d they ran themselves. Does this work o.k. with placing this item under Summapy? Let me know if it's a problem. Thank you, MJ 0 P P 0 III T I.,t N I "t' ~t' COLL~ COI)T¢I~; FLOR[DA Col!iex County is de,~eloping the Consolidw~ Plsm Ozm ¥oa[ Action Phu~ The ~1~ ~J_e4[ Plan (¢-_~) 'i~. r~tui.,zd by the U.S. Department of Housing and Urban Development (I-IUD), The CP rs R ClOcLltn6nlt, which is used to guide housing income pe~ons. The One-Yemr Action Pra~ will 1~ u_*ed to decze..,wm..ine expendi~rcs on pp~gr~_m pro. fec!s for f~scal Year 2003-22004, There will I~ an allocation of applo~matcly $2.782,000 in Community Development Bl<k Gr~t (CDgG) ~nd~. Eli~ eli&i~ i~lu~, but ~ not l~imd' to; a~uisi6on of ~al ~ope~: acquisition, con~ion, rehabili~li~ or in~lt~ of 0ab]it ~ili~s ~d improvcm~; cle~an~, demolition, and removal of building ~d ~mp~e~nls; ~d ~v~ of ~1~ ~ ~ ~ ~ ~~ ~-24 CFR ~ 5'~. A~x~'atcly [00% of l~'t~l allo~ioa wil! ~n~t iow ~8 mod=m~inc~e ~a~s, There i5 a proposed Horn~ lnwstmcnt Part,erships (*HOME) prog~'~m allocation of $745,~0 ~o expand the supply of m~ local nee~ md ~onties. ~icipafing ]~dsdicfi~s ff~ have fl~ibili~ in desiring ~hcir local *HO~ p~ hom~, t~t~bn~ ~1 ~s~m~, and do~ ~ent assi~ee. A PJ mu~ al~ inveM (~t aside)ar l~t 15 p~ (15%) of ~ to~l *HO~ MIo~ in ~qiem ~a m ~ ~v~op~ or ~~ by Co~i~ Ho~i~ ~velo~t Org~fions (C~'~), ~d which result in the development of hom~o~ership or ~MI units. A~x~o~ 1W~/o of ~e to~l ailo~fion wi~ b~nefit iow and v~-low income per, ns. Tha proposed One Year Actio~ Plan for fiscal year 2003-2004 i~iudes Se {oiiowi.,g gtivitie~: Storm Drainage Im,~Ovement - City of Marco Island Affordabl~ Hoaxing Deveio~cnt ~nd Acquisition Senior Citizen Affo~le Housing D~vclopmem (lmmo~e) Singlc-hmily Housing Rehnbilit~ion ~sis~nce - Count~Me Singiw~ily Ho~mg ~ Payment Asais~ce - Coun~idg T~nt B~ Re~ Aams~ce - Sem~ Citizens ACtiviW Cente~ Com~uni~ Housing ~vel~r O~ni~, (CH~) o~ating Fair Housing - Education ~d Pro,am PLanning a~d Adminia~adon (CDBG) P~ Planning and Admini~afion (*HOME) $250,000 $350,0OO $700,000 $~ 7S.000 $204,0O0 $200,000 $~30,000 $~00,000 $I00,000 $ 83,000 $ 60~000 $ 54,oo0 ~4g0,~0 Public Camment Period Thcr~ will Ix; a public c~9mment pcri--.d ~m M~h r, 2003 ~} April 7, 2003 ~-diug th~ ~c Year Action Plato n...:... Finll Action Aclo~on o~ t~ Con~0ti~,~ PI~ O~Ye~r Acfior~ Plan (FY 2003~2004) is sct~luled for A~iI'22, 2003 Disabilitie~ Ac~ orre,~im ~,meone to translate or ~gln, l~-ase con~'~ FAll ot:fi~e at (239)213-2937. no (2) days prior .re the Pubtig Hcari. ug date. *Home Investment Partn~r~li-i~-e_ Program (*HO!VIE): At tbh, writiug~ *HO_.M~-. f~i~l$ ~re ',~.~,po~ed' for Collier Co~"'~W. tei~ml ~pp.,,,a,v~t o~ t<~ ~pp.-_,',mpm'}a,~ou t~ ._--'J{! pe,~dtng from {JUl). COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN DRAFT ONE-YEAR ACTION PLAN HUD FY 2003-2004 DRAFT 17F DRAFT PLAN PREPARED: March 6, 2003 PROPOSED PLAN ADOPTION DATE: April 22, 2003 Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 (239) 213-2937 Collier County Board of Commissioners Department of Financial Administration and Housing Tom Henning, Chair Donna Fiala, Vice Chair Frank Halas, District 2 Fred W. Coyle, District 4 Jim Coletta, District 5 County Manager Jim Mudd CDES Administrator, Joseph K. Schmitt FAH Department Director, Denton Baker FAH Department Federal Grants Manger, Lee Combs HUD Grants Coordinator, Janeen D. Person-Coale The One-Year Action Plan was prepared by the staff of the Collier County Financial Administration & Housing Department. TABLE OF CONTENTS 17F '11 INTRODUCTION .................................................................................................... I 1.0 EXECUTIVE SUMMARY .......................................................................... 1 BACKGROUND ......................................................................................................... 1 COMMUNITY PROFILE LEAD AGENCY .... PLAN DEVELOPMENT PROCESS ............................................................................... 4 CONSULTATION WITH OTHER AGENCIES ................................................................. 5 GEOGRAPHIC LOCATION OF PROJECTS ....................................................................5 SPECIFIC ACTIVITIES ............................................................................................... 5 MONITORING .......................................................................................................... 6 2.0 CITIZEN PARTICIPATION PROCESS .... 7 3.0 FIVE YEAR STRATEGIC PLAN ............................................................ 10 OVE~,ALL PR~OmTJES ............................................................................................ 10 GEOGRAPHIC LOCATION OF PROJECTS .................................................................. 12 HOUSING STRATEGY ............................. HOMELESSNESS STRATEGY (CONT~a~M OF CARE) ............................................. 14 OTHER SPECIAL NEEDS (SuPPORTIVE HOUSING) STRATEGY ................................ 18 NON-HOUSING COMMUNITY DEVELOPMENT PLAN .............................................. 20 PROPOSED ACCOMPLISHMENTS REOUCTION OF BARRIERS TO AFFORDABLE HOUSING .......................................... 23 REDUCTION OF LEAD-BASED PAINT HAZARDS ANTIPOVERTY STRATEGY PUBLIC HOUSING RESIDENT INITIATIVES .............................................................. 25 FAIR HOUSING ................. SECTION 3. INSTITUTIONAL STRUCTURE ..................................................................................26 SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES ............................ 28 Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 1.7F '1! 4.0 ONE YEAR ACTION PLAN .................................................................... 29 APPLICATION RESOURCES (FUNDING SOURCES) ......................................................................... 31 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES ACTIVITIES TO BE UNDERTAKEN ........................................................................... 39 GEOGRAPHIC LOCATION ...................................................................................................... 66 5.0 MONITORING ........................................................................................... 67 6.0 CERTIFICATIONS .................................................................................... 68 7.0 APPENDIX .................................................................................................. 76 ClTIZEN PARTICIPATION PLAN .............................................................................. 77 ANTIDISPLACEMENT AND RELOCATION PLAN ....................................................... 79 FAIR HOUSING ORDINANCE .................................................................................. 80 COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) .......................... 81 COLLIER COUNTY HOUSING AUTHORITY PHA PLAN ........................................... 82 AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS ......................................... 83 8.0 USER GUIDE .............................................................................................. 84 *Home Investment Partnerships Program (*HOME): At this writing, *HOME funds are 'proposed' for Collier County. Final approval on this appropriation is still pending from HUD. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida ii INTRODUCTION Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have a Consolidated Plan and yearly Action Plan approved by HUD. This documentation is required to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) and Home Investment Partnerships (*HOME) programs. The Consolidated Plan describes the strategic plan of the County that establishes its priorities for assisting low/moderate income households and identifies resources available to meet stated goals and objectives. The Annual Action Plan describes actions the County has taken related to the announced entitlement funds for that year. In 2003 Collier County is proposed to receive HUD funds as a participating jurisdiction under the *HOME program and the third year it will receive CDBG funds as an entitlement community. Consolidated/Action Plan Period Collier County is required to submit a Consolidated Plan to HUD at least once every five years. The County submitted its first Consolidated Plan in May of 2001. Through its' Board of County Commissioners, Collier will submit its' next five-year plan in May 2005. The document contained herein is the one-year Action Plan for FY 2003-2004. Lead Agency The Collier County Department of Financial Administration and Housing (FAH) is the lead agency responsible for overseeing the development of the Consolidated Plan and Annual Action Plan. Any questions or comments regarding this plan should be directed to the Collier County Department of Financial Administration and Housing, 3050 N. Horseshoe Dr., #275, Naples, FL 34104 (tel. 239 213-2937). Mission Statement The mission of the Collier County Financial Administration and Housing Department's grants and affordable housing programs are to meet the community's needs by facilitating the creation of affordable housing opportunities; the improvement of communities; and the sustainability of neighborhoods. These goals and objectives will be met by working collaboratively with non- profit groups, governmental agencies, and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire County. Citizen Participation This document includes a summary of the citizen participation process including inputs, timeline, citizen comments and responses from the Collier County FAH Department (if applicable). Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 1.0 EXECUTIVE SUMMARY BACKGROUND In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low/moderate income households through physical development programs to: · Provide decent housing; · provide a suitable living environment; and · expand economic opportunities. In late 2002, Collier County was notified by officials from the U. S. Department of Housing and Urban Development (HUD) that Collier County has been proposed for designation as a *HOME Investment Partnerships Program (*HOME) participating jurisdiction (PJ). HUD made this proposition based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. Created by the National Affordable Housing Act of, 1990 (NAHA), the *HOME program will provide funds to Collier County for the following: · Provide decent, affordable housing to low/moderate-income households; · expand the capacity of nonprofit housing providers; · strengthen the ability of state and local governments to provide housing; and · leverage private-sector participation. The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the *HOME program, the Housing Opportunities for Persons with Aids (HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for the HOPWA, or ESG programs, however department staff is available to provide technical assistance to local nonprofits in applying for these funds provided by HUD formula allocation to the State of Florida, Department of Children and Families. COMMUNITY PROFILE Collier County was created in 1923 from portions of Lee and Monroe counties. The County is located in the southern gulf coast of the Florida peninsula, west of the Miami-Ft. Lauderdale area. In Collier County, there are three incorporated cities: Naples, Marco Island and Everglades City. Naples, located in the western coastal area of Collier County, is the largest incorporated city. Starting in the late 1980s and throughout the 1990s, the County, which is also known as the Naples Metropolitan Statistical Area (MSA), had one of the highest percentages of growth of any MSA in the country. Everglades City and Marco Island respectively are south and east of the Greater Naples Urban Area. Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida Over a 30-year period, the county's population has grown from 38,040 in 1970 to an estimated 264,475 persons as of April 1, 2001. From 1980 until 1990, Collier County's population grew 77%, while the state grew by 33%, and the U.S. grew by 10%. Between 1990 and 2000, Collier County's permanent population increased by 99,278 persons, a 65% increase. Population IEverglades City 321 i 479 iMarco Island N/Al 14,879 Naples 19,505 iUmncorporated I 132,273 Source: U.S. Census Bureaz~ 2001. The County's population is projected to continue its strong growth over the foreseeable future. According to the Bureau of Economic and Business Research (BEBR) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April 1, 2001. The County is expected to add almost 150,000 people during the next 15 years, with researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid-sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanent population, the County has a huge seasonal influx that swells its population during the warm winter season (November-April) by almost 40%. The vast majority of this seasonal population is affluent, which visit or maintain vacation homes in the County primarily along its coastal areas. In contrast, the Immokalee area in the northeastern section of the County, with a permanent population of 20,000 receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some of the County's poorest. Populations group themselves into households. As of April 1, 2001, Collier County had an estimated 108,158 households, with an average household size of 2.40 persons. Of all the households, 73,914 (69%) are families, made up of related individuals. By comparison, only 64% of all U.S. households are families. Collier County has a higher median age compared with the statistical aggregate for the State of Florida. In 2000, the County's median age was .44.1 versus 38.7 for Florida. The state is projecting that Collier County's population will continue to age dramatically over the next seventeen years. Median Age in Collier County 1990 Census 40.5 2000 44.1 2010 48.6 2015 5O.9 2020 52.8 Source: Bureau of Economic and Business Research (BEBR) 2002 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 2 Almost one in four (24.5%) of the County's residents are aged 65 and over. Of these, over half (52.4%) are female. Someone over 55 years old heads half the households in the County. Households by Age - 2000 Under25 2,888 3% 25 - 34 12,652 14% 35 - 44 15,722 17% 45 - 54 14,303 16% 55 - 65 14,397 16% Over 65 30,668 34% Source: Claritas, Inc., 2001. The Hispanic population continues to increase in Collier County. This is a trend mirrored in much of South Florida with the Hispanic population representing 26% of the population growth during the 1990's. Race/Ethnicity 1990 Census Total White African-American American Indian/Eskimo/Aleut Asian/Pacific Island Mixed 152,099 100.0% 143,826 94.6% 7,202 4.7% 458 0.3% 613 0.4% Hispanic 2O,730 13.6% Source: U.S. Census Bureau, 2001. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida z/F Collier County is also a very affluent community reflected by the high number of households (48%) with median incomes above $50,000 a year. The County's median family income of $69,800 is the highest in the state compared to $51,800 for the state and $54,400 for the U.S. Households by Income - 2000 Under $15,000 8,488 9% $15-$25,000 10,658 12% $25-$50,000 28,527 31% $50-$75,000 18,949 21% $75-$100,000 8,927 10% Over $100,000 15,081 17 % Source: Claritas Inc., 2001. Households by Income $$0-$75,~ ~$25-$50,000 Although Collier County has the highest median income in the state, the average wage and salary earned by the County's worker is $29,553 (2000), which is below the state average of $30,038 and well below the average of $35,305 for the U.S. This is attributed to the fact that the largest employment sector is the service industry, which is a traditionally low paying industry. LEAD AGENCY The Financial Administration and Housing (FAH) Department of Collier County was the lead agency in the preparation of this Consolidated Plan/One-Year Action Plan. This department operates and administers the County's Community Development Block Grant (CDBG), Home Investment Partnerships (*HOME) and State Housing Initiatives Partnership (SHIP) affordable housing programs. The FAH Department is also the lead agency for the annual Continuum of Care (CoC) application to HUD for the provision of housing and services to the homeless population. PLAN DEVELOPMENT PROCESS The One-Year Action Plan was drawn from a number of plans and documents. These include: Collier County's Five-Year Consolidated Plan (FY 2001-2005), the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the County's Continuum of Care process, the 2000 Census of Population and Housing, and the University of Florida's Bureau of Economic and Business Research data. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Co~mty, Florida i?F 1! i CONSULTATION WITH OTHER AGENCIES The County consulted with its participating municipalities of Naples and Marco Island, Collier County Human Services Department, Collier County Housing Authority and the Collier County Hunger & Homeless Coalition, along with other county departments and various other housing and social service organizations in the development of this plan. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. SPECIFIC ACTIVITIES There will be approximately $2,782,000 of CDBG funds available for community housing and non-housing needs. There will be approximately $740,000 of proposed *HOME funds available for the provision of affordable housing for lowdncome households. Following is the proposed Use of Funds for the fiscal 2003-2004-program year: CDBG: Storm Drainage Improvements - Marco Island Park Improvements - City of Naples Affordable Housing Development Land Acquisition Infrastructure Support - East Naples Senior Housing - Immokalee Prescription Medications - Collier County Job Creation - Immokalee Senior Center Addition - East Naples Job Training & Support - Immokalee Education & Training - Immokalee HMIS - Hunger & Homeless Coalition Fair Housing - Education and Outreach Program Planning and Administration TOTAL $250,000 250,000 350,000 700,000 275,000 130,000 100,000 83,000 60,000 54,000 50,000 3,000 477,000 $2,782~000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida *HOME: CHDO set-aside Rehabilitation assistance Down payment assistance Tenant Based Rental Assistance CHDO Operating Housing Delivery Cost Program Planning and Administration TOTAL $204,000 200,000 100,000 100,000 37,000 30,000 74,000 ~745,000 MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of' its sub recipients at least once per year. Technical assistance will be included with all monitoring activities. The monitoring program includes in-house review of every payment request. Prior to the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 6 2.0 CITIZEN PARTICIPATION PROCESS The One-Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9,2001. This Plan is included in the Appendix. While developing the Consolidated Plan FY 2003-2004 One-Year Action Plan, a time line was also produced to demonstrate the activities that should occur during the Consolidated Plan process as follows: CITIZEN PARTICIPATION ACTION PLAN FY 03-04 TIMELINES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Task DATE Revise application packet August 31, 2002 Citizens Advisory Task Force Meeting - Update Progress & Upcoming September 12, 2002 Application Cycle Send Public Hearing display advertisement requests to Naples Daily News September 20, 2002 & Immokalee Bulletin Press Release Project update & Upcoming Application Cycle September 20,2002 First Public Hearing Notice Advertisements to mn (15 days prior to the September 26, 2002 PH) Send Notice of Application Availability to the various non-profit September 26, 2002 organizations & community groups First Public Hearing - Immokalee (at 6 p.m. -Community Center) October 14, 2002 First Public Hearing Golden Gate (at 6 p.m. -Community Center) October 16, 2002 Application Workshop - Immokalee (at 6 p.m. -Community Center) October 28, 2002 Application Workshop - Golden Gate (at 6 p.m. -Community Center) October 30, 2002 Applications due to FAH December 3, 2002 Staff review of applications to determine eligibility December 5, 2002 Deliver Application packets to CATF members December 6, 2002 Citizens Advisory Task Force Meeting - Review eligible applications December 12, 2002 FY 03-04 draft Action Plan preparation to be completed by staff February 21, 2003 Send availability of draft Action Plan FY 03-04 advertisement requests February 28, 2003 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 03-04 to all libraries & Clerk's Office March 5, 2003 Availability of Proposed FY 03-04 Action Plan and 30 day public March 6, 2003 comment period Advertisements to run 30 day Public Comment Period begins March 7, 2003 30 day Public Comment Period ends April 7, 2003 Incorporate public comments into the final Action Plan April 8, 2003 Prepare resolution, executive summary & transmittal for 4-22-02 BCC April 9, 2003 meeting BCC approval of FY 03-04 Action Plan April 22, 2003 FY 03-04 Action Plan due to HUD (45 days prior to start of program year) May 15, 2003 FY 0%04 Pro__~ram Year (7/1/03 to 6/30/04) b_~_ins ~ 1, 2003 FY 03-04 Pro_g~am Year ends June 30, 2004 Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida HOME INVESTMENT PARTNERSHIPS (*HOME) PROGRAM Task DATE Hold *HOME TA Meeting with CHDO's serving Collier County December 19, 2002 Send Public Hearing display advertisement requests to Naples Daily News December 20, 2002 & Immokalee Bulletin Press Release - Project information & upcoming Application Cycle December 20, 2002 First Public Hearing Notice Advertisements to run (15 days prior to the December 23, 2002 PH) Complete information and application packet January 2, 2003 Send Notice of Application Availability to CHDO's serving Collier January 3, 2003 County First Public Heating - Immokalee (at 6 p.m. -Community Center) January 6, 2003 First Public Hearing - Golden Gate (at 6:30 p.m. -Max Hasse Center) January 7, 2003 Deadline for Application packet from CHDO's serving Collier County January 21, 2003 Staff review of applications to determine eligibility January 31, 2003 Complete contract proposal for TBRA January 31, 2003 FY 03-04 draft Action Plan preparation to be completed by staff February 21, 2003 Send availability of draft Action Plan FY 03-04 advertisement requests February 28, 2003 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 03-04 to all libraries & Clerk's Office March 5, 2003 Availability of Proposed FY 03-04 Action Plan and 30 day public March 6, 2003 comment period Advertisements to run 30 day Public Comment Period begins March 7, 2003 30 day Public Comment Period ends April 7, 2003 Incorporate public comments into the final Action Plan April 8, 2003 Prepare resolution, executive summary & transmittal for 4-22-02 BCC April 9, 2003 meeting BCC approval of FY 03-04 Action Plan April 22, 2003 FY 03-04 Action Plan due to HUD (45 days prior to start of program year) May 15, 2003 FY 03-04 Program Year (7/1/03 to 6/30/04) begins July 1, 2003 FY 03-04 Program Year ends June 30, 2004 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 8 17F '1t Citizen input on housing and community development needs for the fiscal year 2003-2004 CDBG program was sought at two public hearings held in Immokalee (10/14/02) and in Golden Gate (10/16/02). Meeting notices were advertised in both English and Spanish, and a Spanish- speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). A public solicitation process was utilized to solicit potential CDBG projects. Application workshops were held in Immokalee (10/28/02) and in Golden Gate (10/30/02) to answer questions and assist various social service agencies and the public in completing project applications. Citizen input on affordable housing needs for the proposed fiscal year 2003-2004 *HOME program was sought at two public hearings held in Immokalee (01/06/03) and in Golden Gate (01/07/03). Meeting notices were advertised in both English and Spanish, and a Spanish- speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). The notice of draft One-Year Action Plan availability was published for a 30-day public comment period beginning on March 6, 2003. The advertisements are both in English and Spanish. The notice was published in two newspapers (general circulation- Naples Daily News and a local paper- Immokalee Bulletin). The draft plan is also available for public review in all county libraries as well as in the County's Financial Administration and Housing Department. The public comment period is from March 7, 2003, through April 7, 2003. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 17F 3.0 Five Year Strategic Plan OVERALL PRIORITIES Collier County is a drastically dichotomous community, with a large number of residents, full- time and seasonal, representing affluence and Wealth concentrated in Collier's coastal areas. The County's working-poor residents are mainly concentrated in several non-coastal areas, particularly in the Immokalee community. Adding to this mix is the influx of affluent seasonal tourists, and it is clear that Collier County's economy is primarily based around meeting the consumer needs of the affluent population. The County's workforce, a large portion of which is employed in low-paying retail and service jobs, also represents the widening economic gap between segments of the County's population. With the ever growing demand to meet the consumer needs of the County's affluent majority, the working-poor households have trouble finding affordable housing and employment, especially during the off-season period. Yet, maintaining a high quality workforce has been identified as key criteria for the County's long-term success in the marketplace. Immokalee, with an economy based on citrus, vegetables, and cattle, is the County's agricultural center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to the community, more than doubling its permanent population of approximately 20,000. This migration makes Immokalee one of the most culturally diverse communities in the area. In addition to agriculture, residents provide a source of labor for the coastal hospitality, landscape, and construction industries. Unfortunately, many of these service jobs pay low wages and offer limited or no benefits. As a result, income levels remain low. Because Immokalee is located 34 miles northeast of Naples its very location, coupled with its cultural diversity and migratory population presents additional challenges to its residents in obtaining affordable housing and economic self-sufficiency. Therefore, the County's highest priority will be to support the provision of affordable housing for its low-income (below 50 % of MFI) working poor residents. Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Collier County through its Economic Development Council has as its major goal the economic diversification and attracting and retaining industries that will provide these employment opportunities. Collier County has successfully received CDBG grants from the State of Florida's Small Cities program. Supporting economic diversification will be the County's second highest priority. The County and its participating municipalities have identified three areas of low-income households where public facilities and improvements are needed. It is anticipated that as a result of the 2000 Census (HUD's information is expected to be released in 2003), other low-income areas may be identified. Public facilities and improvements for low-income people will be the County's third priority. Collier County, unlike most counties in Florida, does not fund any social services for its low- income residents. Unfortunately, only 15% of the County's CDBG funds can be expended for public services. Social services for the County's poverty level residents will be priority four. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida lO l?F Overall program goal: Affordable Housing Economic Diversification Services Neighborhood Improvements The Consolidated Plan Priority Needs Table provides a summary of the County's projected five year housing and community development priority needs. These priorities will enable the County to assist its low-income residents in their efforts to achieve self-sufficiency. While the County has identified certain numerical goals and strategies for its housing and community development accomplishments for the next five years (FY 2001-2002 to 2005-2006), a strategy can and should also include operations and priorities. There are certain operational imperatives and priorities that will be used to guide the selection of activities and projects. These include: Activities that can support the provision of affordable housing for low-income households. Public improvements in designated target areas, cooperating municipalities, or other low-income areas. Activities that assist lower income persons to achieve self-sufficiency. Services to provide urgent/emergency health and shelter needs to poverty level residents. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida ll Because the needs outweigh the resources, the County will always receive requests for funding that exceed its total grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives to establish its Annual Plan. Activities that return funds to the program, such as loan repayments, will be encouraged. Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. Activities will not be funded unless the applicant has developed realistic cost estimates and timelines, is financially stable, and has the capacity to complete the activity. - Program recipients (non-profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their project. Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. Housing development programs and property improvement programs are expected to use quality, long-lasting materials that require a minimum of maintenance or upkeep. Recipient organizations must have acceptable past and/or current performance on County-funded projects. Cost per unit (housing or service units) will be considered in evaluating proposals. Problems and priorities can change from year-to-year. In order to be responsive to the needs of the County's low-income residents, the County will annually review and refine the priorities. Any changes to the priorities will be published in the annual Notice of Funding Availability (NOFA). Recommendations for funding will be made to the Board of County Commissioners by the Financial Administration and Housing Department. Only agencies/organizations that participate in the competitive funding process of the Consolidated Plan will be considered for funding, with programs to begin July 1 of each year. No requests will be funded at any other time during the year except as a result of a Request for Proposals, or for urgent/emergency purposes as determined by the Board of County Commissioners. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 12 HOUSING STRATEGY Rationale for Housing Priorities As the Priority Needs Summary Table shows the County has directed its housing assistance priorities toward helping those households facing the most difficulty in the marketplace. Thus the County assigned its highest priority to helping its renter or owner households that have very low incomes and are paying over 50% of their income for housing and/or live in substandard housing. The County has assigned a low priority to helping those households with incomes between 51% and 80% of the median that have less housing problems; and a low priority to helping those households with incomes above 80% of the median. An analysis of the County's housing market found that for all intents and purposes, the private sector housing market is not providing any new housing, either rental or owner affordable to households making below 50% of the median family income in 2000. How Market Characteristics Influenced Use of Funds The high cost of housing within the County was the primary influence on the County's proposed use of funds. Obstacles The major obstacle to meeting all the County's affordable housing needs is a lack of funds and land costs. Proposed Accomplishments: FY 2001-2005 The following tables outline the County's proposed accomplishments for the fiscal years 2001- 2002 to 2005-2006. AFFORDABLE HOUSING Priority Need One: Eligible Owner Households Strategies to Address the Proposed Five Year Problem Actions and Programs Accomplishments Comments/Concerns Homeownership Assistance Low Provide downpaymenffclosing 500 low-income households Utilize SHIP/CDBG/*HOME Income cost assistance/impact fee relief attain Homeownership. funds for this purpose. Homeownership Assistance Acquire land/install infrastructure 100 very-low income households Participate with Habitat for Very- Low Income for affordable housing attain Homeownership. Humanity. Homeownership Assistance Support CHDO's in development 12 very-low/low income Utilize *HOME funds through Very-Low/Low Income of affordable housing households attain CHDO's for this purpose. opportunities Homeownership over 3/yrs (2003 2005). , }lousing Rehabilitation Housing Improvement Programs Provide repairs to 25 owner- Utilize SHIP/CDBG/*HOME occupied units, dollars for this purpose. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 13 Priority Need Two: Eligible Renter Households Strategies to Address the Proposed Five Year Problem Actions and Programs Accomplishments Comments/Concerns Construction of new affordable Utilize local funds to leverage 250 new subsidized apartment Utilize SHIP funds to leverage · rental units federal/state rental construction units state funds/tax credits pro,rams Rehabilitate older units Acquisition/rehabilitation of 25 rehabilitate affordable rental Availability of units small rental projects units Subrecipient organization capacity Rental Assistance for poverty Acquire land/construct new rental 25 affordable rental units Utilize CDBG/SHIP funds -- level households units Rental Assistance Very- Support CHDO's in development 15 very-low/low income Utilize *HOME funds through Low/Low Income of affordable rental/transitional households attain affordable CHDO's for this purpose housing opportunities rental/transitional housing over 3/yrs (2003-2005). Rental Assistance for poverty Provide Tenant Based Rental- 20 affordable rental units for Utilize *HOME funds level households Assistance subsidies through 3/yrs (2003-2005). local PHA. HOMELESSNESS STRATEGY (CONTINUUM OF (]ARE) Continuum of Care is a relatively straight forward management concept: to effectively address the needs of the Homeless, a combination of services, often provided by different agencies, must be brought together in a coordinated manner to help move a family from homelessness to self sufficiency. When the underlying problem is economic, a more comprehensive governmental response including social services, job training and affordable housing is required to move low-income households from governmental and/or social service organization dependency to self-sufficiency. Moving From Dependency to Self Sufficiency I ECONOMIC DEVELOPMENT j i i+ = sSu%c, .c¥ I, ^cc ss COMMUNITY COL/EG~ HOUSING PARTNERSHIPS SOCIAL SCHOOL DISTRICT SERVICES Effectively addressing self-sufficiency will require a countywide public/private partnership that brings together in a coordinated effort all of the groups that traditionally deal with the problems on a separate basis. In furthering that partnership, Collier County will be the 'Lead Agency' for the annual Continuum of Care grants process beginning with the FY 2003 submission. County FAH department staff will also be available to provide technical assistance to all CoC applicants. As part of such a self-sufficiency program, counties are also increasing their economic and business development efforts to provide more jobs for their communities. Affordable housing Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 14 also helps in these efforts because its availability is now an important criterion in business location decisions. The following provides a conceptual Structuring of a Continuum of Care system. Continuum of Care System Intake Assessment The fundamental components of a continuum of care system: · First, there must be an emergency shelter/assessment effort which provides immediate shelter and can identify an individual's or family's needs. The second component offers transitional housing and necessary social services. Such services include substance abuse treatment, short-term mental health services, independent living skills, etc. · The third and final component, and one which every homeless individual and family needs, is permanent housing or permanent supportive housing arrangements. While not all homeless individuals and families in a community will need to access all three components, unless all three components are coordinated in a community, none will be successful. A strong homeless prevention strategy is also a key to the successful implementation of the Continuum of Care (CoC). With over fifty Coalition members, the Continuum of Care planning process is now sufficiently institutionalized and CoC committee meetings are held monthly to discuss CoC progress, development and coordination issues. This augments the monthly meetings of the larger Collier County Hunger and _Homeless _Coalition (CCHHC),_ which plays the role. of facilitator as-well-as. provides the dissemination point for information to member agencies as well as the community in general. At each monthly membership meeting of the CCHHC, progress updates on the CoC process are provided by the CoC Committee. Through these on-going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that of the larger CCHHC. Various standing committees have been developed and are active on a year-round basis in the Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count., Florida 15 local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for community services. An annual homeless census is a standard procedure providing original and updated data for the County's Consolidated Plan/One-Year Action Plan. There exists a continuing effort to enhance CoC involvement from within as well as outside the membership of the CCHHC. The CoC Committee, through consistent and meaningful representation from government and private sector mainstream services, has resulted in increased coordination of services targeted specifically to homeless individuals and families. More than any other component, local leaders have been stressing these mainstream connections to enhance collaboration and utilization targeted to homeless individuals and families. These resources are increasingly seen as a structural element within the Collier County Continuum of Care system. Strategy for Prevention The County's social service agencies will continue to provide short-term aid, supportive services and counseling to families that are in danger of becoming homeless. The development and implementation of a Homeless Management Information System (HMIS), planned for the spring of 2004, will provide the County's social service agencies with more reliable data Strategy for Outreach The County's nonprofit service providers will continue to provide outreach services to the County's homeless population. The 2003 homeless census included two get-help clinics, one in Immokalee and one in Naples, to provide outreach services to homeless individuals and families. The success of these clinics will determine their number and scale in the future. During the next five years, in conjunction with the County's collective service providers, the County will work to improve its strategy for outreach to families in need of assistance. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed throughout the county. On February 21/22, 2003 the third annual homeless census was held for a 36-hour period. CCHHC members and community volunteers, organized by the Coalition counted an **estimated 650 homeless men, women and children at labor pools, in the woods, on the streets, in hospital emergency rooms and detoxification centers, in emergency shelters and in transitional housing programs. This number is in comparison to 585 counted in 2001 and 608 counted in 2002. It is known that some hidden homeless were uncounted and most social service professionals think the actual number of homeless in Collier County is underreported. Consolidated Plan One-Year Action Platz FY 2003-2004 Collier County, Florida 16 The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive services to the County's homeless. During the next five years, in conjunction with the County's service providers, the County may provide additional shelter assistance to families in need of assistance. In 2002 the County collaborated successfully with the CCHHC in obtaining a State of Florida Housing Assistance grant for a faith-based provider to expand its transitional housing and supportive services program for the homeless. The County in its role as CoC Lead Agency will continue to effectively collaborate with local service providers in researching and applying for appropriate homeless program funding opportunities. Strategy for Independent Living The County's nonprofit service providers will continue to provide independent living services to the County's homeless. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Rationale for Homeless Priorities Based on the Continuum of Care Gaps Analysis the County believes that the highest priority for providing homeless assistance should first be provided to families, especially those that are the victims of domestic violence. The County has assigned a lower priority to assisting homeless individuals or those homeless with special needs related to mental illness and/or alcohol and/or drag abuse. However, with HUD's newly created focus on ending Chronic Homelessness, this priority may undergo significant changes in the future. Obstacles The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax dollars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus allocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type and the County does not yet qualify to receive Emergency Shelter Grant funds directly from HUD. However, as CoC Lead Agency the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Proposed Accomplishments The County will provide services to 20 homeless families over the fiscal years 2001-2002 to 2005-2006. **As of this writing, the number for the 2003 Homeless Census had not been tabulated. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 17 OTHERSPECIAL NEEDS (,SUPPORTIVE HOUSING) STRATEGY Rationale for Priorities The following analysis examines the housing and supportive needs of elderly and frail elderly households, severely mentally ill households, developmentally and physically disabled households and persons with alcohol or other drug addiction or persons with AIDS and related diseases. The table below compares the number of persons with special housing needs with the number of existing group home or facility beds for those needs and the number of additional beds needed. Statewide prevalence rates, provided by Florida's Development Disabilities Planning Council, were used to determine the potential needs of Collier County. Special Needs population, Residential Beds and Unmet Needs Special Needs Population Children Frail Elderly Developmentally Disabled Mentally Ill Statewide County Existing Unmet Rate Needs Beds Needs .00062 139 1,540 none .00476 1,066 1,167 none .00075 168 10 158 .00154 345 0 0 Source: Florida Developmental Disabilities Planning Council, 1999. Frail Elderly While proposed spending cuts may reduce the amount of support, the Florida Department of Children and Families (DCF) currently has enough supplemental assistance dollars to place low- income elderly in Assisted Care Living Facilities (ACLF's). Nine facilities with a capacity of 605 provide nursing care. There are 562 nursing home beds in Collier County. The County has assigned this a low priority. Children in Foster or Special Care The need for additional foster and special care facilities for children is not critical in Collier County. The County has assigned this a low priority. Persons with Physical Disabilities Two facilities, with a capacity of 10 beds, provide care for persons with physical disabilities. The County has assigned this a low priority. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 18 17F Persons with Developmental Disabilities There is a potential need for 158 additional beds in Collier County for persons with developmental disabilities per the 5-year Consolidated Plan. The County has assigned this a low priority. Mental Health Consumers Rather than house mental health consumers in special facilities, it is more effective to integrate them into the private housing market while providing material, emotional and skill training support through outreach and walk-in clinics. The County has assigned this a low priority. Persons with Alcohol/Other Drug Addiction The primary needs of this group are for 30-day detoxification housing and long-term medical care. The County has assigned this a low priority. Persons with AIDS Neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing. However, local nonprofit organizations serving the AIDS population in Collier are researching funding opportunities to provide a local housing program combined with support services. This population requires improved data collection to determine housing/service needs, especially with regard to the Immokalee area. Obstacles Insufficient funding as well as a lack of a directed community planning process to address the needs of the County's special populations are identified as obstacles to meeting the needs of this group. Proposed Accomplishments For the reasons stated above, the County has assigned this area a low priority for governmental action and does not intend to undertake activities in this area at this time. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 19 NON-HOUSING COMMUNITY DEVELOPMENT PLAN The following information subdivides this strategy into individual CDBG-eligible activity categories. - A. Acquisition The County will acquire land for affordable housing and acquire land for necessary public facility improvements, such as parks, storm drainage and roads. B. Disposition The County does not expect to undertake any disposition activities with federal funds. Sub recipients undertaking acquisition/rehab/resale projects may be involved in disposition. C. Public Facilities and Improvements The County will make improvements, such as road paving, storm drainage, public utilities, park and recreation improvements, and community centers. D. Clearance The County may demolish and remove unsafe structures. E. Public Services The County Human Services Department will provide public services for low and moderate- income households. F. Interim Assistance The County does not intend to undertake any interim assistance. G. Payment of Non-Federal Share The County may utilize CDBG to pay a non-federal share of another grant if opportunities to leverage other funds arise. H. Urban Renewal Completion The County has no urban renewal projects. I. Relocation The County has planned no activities that will require relocation. Certain SHIP rehabilitation may however cause a small amount of displacement. J. Loss of Rental Income The County has planned no activities that will result in the loss of rental income. K. Removal of Architectural Barriers The County has planned no activities to remove architectural barriers, except in the course of its rehabilitation activities. Consolidated Plan One-Year Action Plan FY 2003~2004 Collier County, Florida 20 L. Privately Owned Utilities The COunty has planned no activities that involve privately owned facilities. M. Housing The County will support its SHIP and affordable housing programs. N. Rehabilitation and Preservation The County may provide funding for housing rehabilitation and preservation. O. Economic Development The County will continue to provide economic diversification support and job training as part of its antipoverty strategy and in support of the State of Florida's WAGES welfare to work program. P. Special Activities by Sub recipients No special activities are planned at this time; however, the County will be receptive to proposals that further its objectives. Q. Planning and Capacity Building Activities The County will undertake planning and capacity building programs for its' Community Housing Development Organization (s), nonprofit organizations and all sub recipients. R. Administrative Costs The County will administer the program. Rationale for Priorities The analysis of need found that the County should focus its efforts on assisting low-income households in their efforts to achieve self-sufficiency. Obstacles Although the County has insufficient funding to meet all of the identified needs, the County will be developing neighborhood revitalization plans for each potential target area and use those plans to guide its program activities. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 2l PROPOSED ACCOMPLISHMENTS The following charts display the County's proposed accomplishments. Table below lists the county's non-housing cOmmunity development proposed accomplishments by CDBG-eligible category. FIVE YEAR NON-HOUSING COMMUNITY DEVELOPMENT STRATEGY SUMMARY BY CDBG ELIGIBLE CATEGORY CATEGORY ACTIVITY BUDGET ESTIMATE A. Acquisition Land Acquisition $ B. Disposition None Planned $ C. Public Facilities and Improvements Low-Income Area Improvements $ D. Clearance Demolition/Removal of Unsafe Structures $ E. Public Services Public Services $ F. Interim Assistance None Planned $ G. Payment of Non-Federal Share None Planned $ H. Urban Renewal Completion None Planned $ I. Relocation None Planned $ J. Loss of Rental Income None Planned $ K. Removal of Architectural Barriers None Planned $ L. Privately Owned Utilities None Planned $ M Housing Affordable Housing Support $ N. Rehabilitation and Preservation Housing Rehabilitation $ O. Economic Development Economic Diversification Support $ P. Special Activities by Subrecipients None Planned $ Q. Planning and Capacity Building Costs $ $ R. Program Administrative Costs 1,000,000 3,000,000 50,000 1,500,000 1,500,000 250,000 1,000,000 100,000 2,035,000 FIVE YEAR TOTAL for ALL ACTIVITIES: 10,435,000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 22 REDUCTION O~ ~A~i[E~$ TO ~O~I)AB~E HOUSING In 1993, as part of a state-mandated affordable housing regulatory reduction self-review system, the County reviewed all of its development regulations in detail. The purpose of this review, was to wherever possible, reduce the cost of housing. As part of the 1993 review, the County reduced additional standards and adopted additional incentives to increase housing affordability, based on the recommendations made by the Affordable Housing Advisory Committee. (See the Collier County "Affordable Housing Incentives Plan" report to the state Housing Finance Corporation) In addition, Collier County has also created the Workforce Housing Advisory Committee. This Committee is a ten-member citizen group appointed by the Board of County Commissioners in November 2001. Through regular meetings they are charged with analyzing and developing programs, policies, and procedures for Collier County to enhance and increase the supply of affordable housing throughout the community. Some specific areas of study the Committee has focused on include: Inclusionary Zoning, Impact Fees, Land Development Code Amendments, Growth Management Plan Amendments, Land Trusts and public funding of a start-up non-profit Community Housing Development Organization (CHDO). The Committee's final recommendations and report are due to the Board of County Commissioners at a Workforce Housing Workshop Scheduled for April 4, 2003. Collier County has also significantly reduced its development processing times and established a one-stop permit center. These included: the waiver and/or deferral of impact fees, density bonuses; and the reduction of parking and setbacks, allowing zero-lot line developments. The County also followed state law and enacted regulations that allow group homes in all its residential zoning districts. The County, through the Housing Element of its Comprehensive Plan, must also ensure the availability of sufficient sites, with supporting infrastructure, for its affordable housing needs. These actions have reduced the regulatory barriers to affordable housing in Collier County. REDUCTION OF LEAD-BASED PAINT HAZARDS The County, through its Board of Health continues to monitor and respond to all suspected cases of lead poisoning. However this continues to be a very minor problem in the County, primarily due to the newness of the County's housing stock. The Collier County Health Department has targeted two (2) zip codes (34102 & 34103) areas for potential childhood lead poisoning cases screening. These two areas contained housing stocks that are pre-1970. A map of a childhood lead poisoning screening map is included in the section 4.0 One-Year Action Plan, Geographical Location. The Collier County Health Department is the leading agency that monitors lead poisoning cases. In 2002, there were 50 reported cases of Lead Poisoning in Collier County (Blood Lead Levels > 10). The Blood Levels (BLLs) were all determined from venous drawn blood. They ranged from a high of BLL 56 down to BLL 10. None of these cases reported were determined to be a result of housing stocks. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 23 The leading cause of Lead poisoning determined by the County's Health Department investigations was due to recent emigration from lead prone areas. In the majority of reported cases (33 cases), effected people were recent immigrants arrived from lead prone areas (Haiti - 28; Mexico - 4; Connecticut - 1). The Housing Authority has tested their t~nits for lead-based paint and the Housing Authority has resident information programs regarding this matter. ANTIPOVERTY STRATEGY Collier County has several initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. In 1995, Collier County formed a public/private partnership with its business community to significantly expand the County's economic development activities. The Economic Development Council of Collier County was charged with diversifying the County's economy. The partnership has been highly successful. Between 1995 and 2000, Collier County has added 21,116 new jobs, a 28% increase. This was three times the rate of neighboring Lee County (9%) the regional center and almost three times the statewide rate (11%). In addition, the County has made significant efforts to improve economic conditions in it low- income agricultural area of Immokalee. The County completely upgraded the general aviation airport, and had the portion of the airport (60 acres) designated as a Foreign Trade Zone (#213) and a State Enterprise Zone (#1101), which offers tax incentives to companies that locate there. The area has been designated as a Rural Federal Enterprise Community by the U.S. Department of Agriculture, which enabled the County to offer federal tax credits to companies that locate there. USDA provides $250,000 a year in seed money over the next ten years (1999-2010). This grant is being matched by the State Department of Community Affairs and is being administered by the Empowerment Alliance of Southwest Florida. The County has successfully opened a business incubator in Immokalee, and completed infrastructure and fagade improvements to Main Street lmmokalee, which is now part of the Main Street program. Second, as an important component of this economic development effort, the Florida Gulf Coast University funds a Small Business Development Center (SBDC), which teaches potential business people how to successfully start a new company. As a major new initiative, the SBDC has also begun customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, in conjunction with the state's WAGES, Welfare to Work Program, the County, through Florida Gulf Coast University provides both life skill and customized job training for the County's Iow-income residents. These courses are designed to help under skilled workers obtain jobs in the private sector. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 24 Fourth,:.- the Southwest Florida Workforce Development Boards, Inc. One-Stop Community Career 'and Service Centers provide a network for comprehensive services and labor market information for employers, workers and job seekers. This organization is a partnership between business, labor, education, community, and government services. The 42-member Board oversees workforce development initiatives in Southwest Florida, which is compromised of Charlotte, Collier, Glades, Hendry, and Lee Counties. In Collier County, the SW FL Workforce Development Boards, Inc. provides one-stop facilities in Naples and Immokalee. Lastly, the FAH department actively seeks Economic Development applications through our CDBG process from for-profit and non-profit organizations alike. Collectively, these efforts represent a realistic County-level antipoverty strategy. PUBLIC HOUSING RESIDENT INITIATIVES The Collier County Housing Authority plans to implement a homeownership program and informs and encourages residents to participate in various affordable housing programs. FAIR HOUSING The County adopted its Fair Housing Ordinance on November 4, 1986, and amended the ordinance on February 4, 1992. The County has also adopted an anti-displacement plan and plans no activities that will require displacement within its FY 2001-2005 Consolidated Plan. CDBG funds were utilized to prepare an Analysis of Impediments to Fair Housing, which was revised in August of 2002 and approved by HUD's Office of Fair Housing and Equal Opportunity (FHEO) on December 23, 2002. The following are proposed actions to affirmatively further fair housing in the county: · Board of County Commissioners will pass a proclamation declaring April as Fair Housing month. · Prepare and advertise Fair Housing Month with ads in both local newspapers in English /Spanish. · Post Fair Housing notices and Fair Housing pamphlets (English/Spanish) to all the County's social service agencies. · Conduct Fair Housing seminars. · Education & Outreach to further fair housing choices. · Set aside CDBG funds to affirmatively further Fair Housing activities. SECTION 3 The following activities will be conducted by Collier County to comply with Section 3: · Develop and implement a process for Section 3 programs for HUD-funded projects. · Increase number of identified section 3 businesses. · Coordinate section 3 program · Education and outreach to promote section 3 programs. · County will continue to promote participation by businesses owned by minorities, women and disabled persons. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Floricfa 25 INSTITUTIONAL STRUCTURE Collier County will utilize a number of nonprofit housing and social service provider partners through a yearly request for proposal process to carry out its various housing and community development activities. The County will carry out its community development program directly and in conjunction with its local cities. Strengths/Gaps Assessment There are no real gaps in the County's institutional structure. The County's use of independent nonprofit housing and homeless service providers offer the opportunity to effectively utilize its existing agencies and develop new organizations. Organizational Relationships with Public Housing Authority Due to the growing population of Collier County and the limited number of Section 8 vouchers available, the County will continue to work with the Collier Housing Authority to expand the availability of poverty level rental housing. To meet this objective, the County will designate a portion of its proposed allocation of *HOME funds for a Tenant Based Rental Assistance (TBRA) program with the Collier Housing Authority (CHA). These funds will be administered by the CHA and will follow the same tenant qualification guidelines as the Section 8 voucher program. TBRA funds may be used for monthly rental subsidies, utility deposits and security deposits.' As a partner, the Collier Housing Authority will be responsible for the administration of this program including the inspection of rental properties for certification of suitability and the income qualification of tenants. This program will be administered countywide. Overcoming Gaps The Financial Administration & Housing Department, and its network of CDBG/housing sub recipients, is effectively organized to utilize the funding it receives through various state/federal programs. The County has also actively sought discretionary grants from both state and federal agencies. The only major gap in this service provision is in the area of rental housing for extremely low-income households. The provision for this type of housing has traditionally been a federal/state responsibility through HUD and various federal/state programs. The reauthorization of the federal tax credit program for low-income rental construction now means that the private sector once again has the incentive to construct new rental housing. The tax credit, combined with the State Apartment Incentive Loan (SAIL) Program, which provides a developer with an additional state subsidy for low-income apartment construction, has made this type of construction economically viable. In addition, the state significantly increased its SAIL funding, which doubled in FY 1995/96 when the state's second half-cent documentary stamp tax for housing began. Unfortunately, these two programs typically do not reach the extremely low- income (below 30% MFI) renter households who are having the greatest problem. (Note: The Florida Housing Finance Corporation has just developed a special rental program that can assist households as low as to 25% of MFI.) The County intends to develop a plan to increase the supply of subsidized rental housing. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida 26 In relation to homelessness, Collier County's nonprofit institutional structures currently provide the County with a response mechanism to its homeless population. As the Continuum of Care strategy continues to develop in the County and additional stakeholders participate in the process, the County anticipates its response to homelessness will expand proportionate to the needs of this population and the CoC strategies identified to address those needs. Organizational Cooperation Strategy The Department of Financial Administration and Housing will continue to be the primary entity responsible for coordinating and implementing these programs. In some cases, funds will be passed through to nonprofit and for profit housing providers and certain municipalities/government agencies through interlocal agreements or subrecipient agreements. Collier County does not have a local housing finance authority. It is served by the Florida Housing Finance Corporation jurisdiction. The authority uses tax-exempt bond financing to assist low and moderate-income homebuyers and rental developers. This tax-exempt status generally results in a lower rate of interest than what is available conventionally. Collier County has identified the following entities that will deliver and manage specific housing assistance and community development programs: Home Investment Partnerships (*HOME) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Community Development Block Grant (CDBG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Emergency Shelter Grants (ESG) Program - The County does not directly receive ESG funds, but FAH Department staff is available to provide technical assistance as needed to any applicants serving Collier County. Shelter Plus Care - Collier County will support existing and future applications for funds from this source by a nonprofit agency that will manage, implement and deliver all services. The County will be the Lead Agency for this application and provide technical assistance as needed. Safe Havens - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count, Florida 27 Rural Homeless Housing - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Section 8 Rental Vouchers and Certificates Program - The Collier County Housing Authority administers these programs in Collier County. The Department of Housing and Urban Development (HUD) monitors all such programs. Farmers Home Administration Guaranteed Loan Program - Collier County will support any nonprofit making application for this program. Farmers Home Administration Single-Family Program - Loans are available to eligible individuals through this entity. Collier County's role is one of referral and support. Transitional Housing Grant - The County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Community Services Block Grant - The Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) received the County's very first Community Services Block Grant. The County will support IMMCAA's efforts in administering these funds. Permanent Housing for the Handicapped - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Other Federal Discretionary Funding - (SAFAH, Permanent Housing for the Homeless Handicapped, Supportive Housing for Persons with Disabilities, etc.) The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. Other State Programs: (Elderly Homeowner Rehabilitation Program, Florida Homesteading Program, Florida Fix Program, Housing Predevelopment Loan Program, State Apartment Incentive Loan Program, Low-Income Energy Assistance Program, Low-Income Emergency Repair Program, etc.). The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Collier County will support the application of other entities for funding under competitive grant programs wherever possible and as appropriate. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 28 This One Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2003-2004 to implement its Five Year Strategic Plan. Consolidated Plan One- Year Action Plan FIr 2003-2004 Collier County, Florida 29 17F APPLICATION Federal Standard Form Number 424 is the basic form that the County utilizes to apply for fede~ funding. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmty, Florida 30 RESOURCES (FUNDING SOURCES) The following resources are anticipated to be available in FY 2003 to undertake these activities. Federal Community Development Block Grant (CDBG) FY 2003-2004 Housing Investment Partnerships (*HOME) FY 2003-2004 Total Proposed CDBG and *HOME Funds $2,782,000 .745,000 .,$3,527,000 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 31 FUNDING SOURCES 17F Entitlement Grant (includes reallocated funds) CDBG $2,782,000 ESG $ -0- HOME* $ 745,000 HOPWA $ -0- Total $3,527,000 Prior Year's Program Income NOT previously programmed or reported $0 CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total Reprogrammed Prior Year's Funds Total CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals $0 $0 $o $3,527,000 $o $3,527,000 $o Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 32 IDENTIFIED NEEDs AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: SPecial Needs/Non-homeless Housing Needs; Continuu of Care Gaps Analysis - Individuals; Continuum of Care Gaps Analysis - Persons in Families w' Children; and Community Needs. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count,, Florida 33 I?F Special Needs of Non-Homeless Sub-Populations Priority Need Estimated Dollars to Address Elderly Low $500,000 Frail Elderly Low $500,000 Severe Mental Illness Low $500,000 Developmentally Disabled Low $500,000 Physically Disabled Low $500,000 Persons w/Alcohol/Other Dm§ Addiction Low $500,000 Persons w/HIV/AIDS Low $500,000 Other Total $3,500,000 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 34 Priority Needs Summary Table PRIORITY HOUSING NEEDS Priority Estimated Estimated (Households) Need Units Dollars to Level Address 0-30% of MFI High 2,000 $20,000,000 Small 31-50% of MFI Medium 1,000 $10,000,000 Related 51-80% of MFI Low 1,000 $10,000,000 0-30% of MFI High 500 $5,000,000 Renter Large 31-50% of MFI Medium 500 $5,000,000 Related 51-80% of MFI Low 500 $5,000,000 0-30% of MFI Medium 400 $1,000,000 Elderly 31-50% of MFI Medium 100 $200,000 51-80% of MFI Low 100 $200,000 0-30% of MFI High 1,000 $1,000,000 All Other 31-50% of MFI Medium 1,000 $1,000,000 51-80% of MFI Low 1,000 $1,000,000 0-30% of MFI High 2,500 $25,000,000 Owner 31-50% of MFI Medium 2,500 $25,000,000 51-80% of MFI Low 2,500 $25,000,000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CounO,, Florida 35 I?F Homeless and Special Needs Population INDIVIDUALS : Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 343 144 199 H Beds/Units Transitional Housing 185 20 165 M Permanent Housing 158 22 136 L Total 686 186 500 Job Training 315 157 158 L Case Management 631 303 328 H Estimated Substance Abuse Treatment 274 137 137 L Supportive Mental Health Care 398 200 198 M Services Slots Housing Placement 549 220 329 H Life Skills Training 480 240 240 M Other (Health Care) 514 257 257 M Other (Transportation) 617 370 247 M Chronic Substance Abusers 301 150 151 H Seriously Mentally Ill 137 69 68 M Dually-Diagnosed 130 52 78 M Estimated Sub- Veterans 69 35 34 L Populations Persons with HIV/AIDS 23 12 11 L Victims of Domestic Violence 261 138 123 H Youth 75 35 40 L Other (Physically Disabled) 27 13 14 L PERSONS IN FAMILIES WITH CHILDREN Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 210 66 144 H Beds/Units Transitional Housing 176 47 129 M Permanent Housing 34 0 34 L Total 420 113 307 Job Training 256 102 154 L Case Management 386 154 232 H Estimated Child Care 244 65 179 M Supportive Substance Abuse Treatment 177 68 109 L Services Slots Mental Health Care 260 102 158 M Housing Placement 362 109 253 H Life Skills Training 295 115 180 M Other (Health Care) 315 122 193 M Other (Transportation) 378 227 151 L Chronic Substance Abusers 185 74 111 H Seriously Mentally Ill 50 20 30 M Dually-Diagnosed 80 32 48 M Estimated Sub- Veterans 13 5 8 L Populations Persons with HIV/AIDS 13 5 8 L Victims of Domestic Violence 231 138 93 H Other (ESL Language) 133 13 20 L Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Coanty, Florida 36 COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY Need Estimated Estimated Dollars DEVELOPMENT NEEDS Level Priority to Address Units PUBLIC FACILITY NEEDS Overall High 22 $ 5,750,000 Public Facilities & Improvements (General (03)) High 10 $2,500,000 Handicapped Centers (03B) Low 0 $0 Neighborhood Facilities (03E) High 5 $2.500,000 Parks and/or Recreation Facilities (03F) High 5 $250,000 Parking Facilities (03G) Low 0 $0 Solid Waste Disposal Improvements (03H) Low 0 $0 Fire Stations/Equipment (030) Med 0 $0 Health Facilities (03P) Med 2 $500,000 Asbestos Removal (03R) Low 0 $0 Clean-up of Contaminated Sites (04A) Low 0 $0 Interim Assistance (06) Low 0 $0 Non-Residential Historic Preservation (16B) Low 0 $0 INFRASTRUCTURE Overall High 72,510 $13,100,000 Flood Drain Improvements (03D High 2,500 $2,500,000 Water/Sewer Improvements (03J) High 10,000 $3,000,000 Street Improvements (03K) High 50,000 $6.250,000 Sidewalks (03L) Med 10,000 $1,000,000 Tree Planting (03N) Low 5 $250.000 Removal of Architectural Bamers (10) Low 5 $100,000 Privately Owned Utilities (11) Low 0 $0 PUBLIC SERVICE NEEDS Overall High 11,500 $3,500,000 Public Services (General (05)) High 5,000 $500,000 Handicapped Services (05B) Low 0 $0 Legal Services (05C) Low 0 $0 Transportation Services (05E) High 1,000 $1,000,000 Substance Abuse Services (05F) Low 0 $0 Employment Training (05H) High 500 $1,000,000 Health Services (05M) High 5,000 $ 1,000,000 Mental Health Services (050) Low 0 $0 Screening for Lead-Based PainffLead Hazard (05P) Low 0 $0 ANTI-CRIME PROGRAMS Overall Low 1 $10,000 Crime Awareness (051) Low 1 $10,000 YOUTH PROGRAMS Overall Med 10,509 $12,000,000 Youth Centers (03D) Med 2 $1,000,000 Child Care Centers (03M) Med 5 $2,500,000 Abused and Neglected Children Facilities (03Q) Med ? $l ,000.000 Youth Services (05D) Med 5,000 $2,000,000 Child Care Services (05L) Med 5.000 $5,000,000 Abnsed and Neglected Children (05N) Med 500 $500,000 SENIOR PROGRAMS Overall Low 0 $0 Senior Centers (03A) Low 0 $0 Senior Services (05A) Low 0 $0 Consolidated Plan One-Yea r Action Plan FY 2003-2004 Collier CounO,', Florida 37 ECONOMIC DEVELOPMENT [ ~ ~ [] Overall High 13 - ~ $13,50~ ,-- Rehab; Publicly or Privately-Owned Commercial/Industrial ,( 14E) High 1 $100,000 CI Land Acquisition/Disposition (17A) Low 0 $0 CI Infrastructure Development (17B) High 1 $1,000,000 CI Building Acquisition, Construction (17C) High 3 $11,500,000 Other Commercial/industrial Improvements (17D) High 2 $500,000 ED Direct Financial Assistance For-Profit (1 SA) High 2 $200,000 ED Technical Assistance (18B) High 2 $100,000 Micro-Enterprise Assistance (18C) High 2 $100,000 PLANNING & ADMINISTRATION Overall High 0 $0 TOTAL ESTIMATED DOLLARS $47,800,000 NEEDED Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 38 ACTIVITIES TO BE UNDERTAKEN Following is the proposed Use of Funds for the fiscal 2003-200d-program year: CDBG: Storm Drainage Improvements - Marco Island Park Improvements - City of Naples Affordable Housing Development Land Acquisition Infrastructure Support - East Naples Senior Housing - Immokalee Job Creation - Immokalee Senior Center Addition - East Naples Prescription Medications - Collier County Job Training & Support - Immokalee Education & Training - Immokalee HMIS - Hunger & Homeless Coalition Fair Housing - Education and Outreach Program Planning and Administration TOTAL $250,000 250,000 350,000 700,000 275,000 100,000 83,000 130,000 60,000 54,000 50,000 3,000 477,000 $2,782,000 *HOME: CHDO set-aside Rehabilitation assistance Down payment assistance Tenant Based Rental Assistance CHDO Operating Housing Delivery Cost Program Planning and Administration TOTAL $204,000 200,000 100,000 100,000 37,000 30,000 74,000 $745~000 The following narratives and tables demonstrate the activities that will be undertaken during the fiscal year 2003-2004 by the County to address priority needs in terms of local priorities identified in the five- year strategy. For each activity, the listing provides details on the type of project, the funding level, the location, as well as on the number and type of income households or people it is designed to assist and a target date for completion of activity. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CounU, Florida 39 Project Descriptions 17F . tI Affordable Housing Programs CDBG, *HOME and SHIP resources provide Collier County with the means to assist residents with the purchase of housing, or the rehabilitation of substandard housing for residents with incomes of 80% or less than the median income for Collier County ($69,800 being median income for a family of four). The Financial Administration and Housing Department uses SHIP and *HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first- come, first-served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency/life-threatening conditions. All affordable housing programs conform to specific CDBG, *HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for the affordable housing developments built by Habitat for Humanity, Inc. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing through nonprofit Community Based Development Organizations (CBDO). This use of CDBG fund~, meets the number one priority of the County 5-Year Consolidated Plan to support the provision ot affordable housing for its low-income (below 50% of MFI) working poor residents. CDBG funds will be used by a nonprofit developer to purchase a 7.5-acre parcel of land in Immokalee to construct housing for senior citizens. This property is currently zoned for multi-family rental housing. The applicant proposes to construct 46 new one and two-bedroom apartments to house very low and low-income elderly persons and will serve 69 very-low income elderly renters annually. Residents will pay 30% of their income for rent. Housing Rehabilitation Assistance Proposed *HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 13 low-income homeowners with the rehabilitation of their primary residence. The maximum proposed *HOME assistance for rehabilitation is $15,000 per residence. Assistance of this program is secured by a five-year, non-amortizing, deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the full amount of assistance is due without interest. Down Payment Assistance Proposed *HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 20 low-income first-time homebuyer families with purchase of newly constructed homes. The maximum proposed *HOME assistance is $5,000 per residence. The maximum price of a new home cannot exceed $130,000. Assistance of this program is secured by a five-year, non-amortizing, deferred mortgage. Neither interest nor payments are made as long as the property is homesteaded and Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 40 17F ]! used as the original purchaser's primary residence. If a sale, refinancing, or transfer of title occurs; Or t property is not used as the homebuyer's permanent residence during the County's five-year nqortga term, the mortgage becomes immediately due and payable in full. Infrastructure Support for Affordable Housing Development CDBG funds will provide infrastructure support (water & sewer, entry roads, underground electr~ engineering and driveway aprons) for Phase II of the affordable housing development (70 single-famii homes) being built by Habitat for Humanity of Collier County has a long history of providing affordab housing in Collier County. By providing infrastructure support, the price of homes will be affordable · very low-income families. This project will provide affordable homes for approximately 340 very lob income beneficiaries. The cost of the homes is estimated to be around $70,000 each ($60,5( mortgage). Tenant Based Rental Assistance (TBRA) Proposed *HOME funds will be used to partner with the Collier Housing Authority (CHA) to provia~ TBRA to assist tenants with the costs associated with their housing. This assistance will provide fun& to make up the difference between the amounts a qualified household can afford to pay for housing an local rent standards. TBRA can also be used to assist tenants for housing costs such as security an,, utility deposits. The program will follow all Section 8 guidelines. TBRA will better help the Count,~ meet the fluctuating demand for housing. Community Housing Development Organization (CHDO) Proposed *HOME funds will be used to support the affordable housing activities of CHDO's servinl Collier County. The County, as a participating jurisdiction (PJ) must invest (set aside) at least 15 percent (15%) of its total *HOME allocation in projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the development o: homeownership or renter units. Currently, there is only one certified CHDO in Collier County, the Empowerment Alliance of Southwest Florida (EASF) who will receive the set aside funds as well as funds for operating support as per the Home Investment Partnerships Program (*HOME). Economic Diversification Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Supporting economic diversification is the County's second highest priority. Economic Development - Job Creation CDBG funds will be used to create six new jobs (4 FTE's) and provide personnel salaries to launch start-up of the Blueberry Store and Catering Company located at the Activity Center in the Jubilation development in Immokalee. These positions include a store manager, kitchen manager and four part- time assistants, who will all be staffed by low to moderate-income individuals. Harvest for Humanity built a 110-acre farm with 36 acres of blueberries. It is also building the Jubilation subdivision of 89 affordably owned homes and a 6,600 square foot Activity Center/Blueberry Store and Catering Company (construction complete in March, 2003). Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 41 17F Public Facilities The County supports the development and implementation of public facilities and improvements for low-income households in identified areas. Addition of Senior Citizen Activity Center CDBG funds will be used by the Collier County Department of Parks and Recreation in conjunctio with the Collier County Department of Human Services propose a permanent home for the Seni¢ Connections program at East Naples Community Park. The proposed activity is the design an construction of a 2,400-square-foot wing addition to the existing Community Center facility resulting i: a permanent Senior Center. This expanded facility will enable Senior Connections of SW FL, nonprofit corporation, to double the number of seniors currently served through its on-site lunc] program. This expanded facility will allow Senior Connections to expand its current services to the low income elderly residents from the surrounding neighborhoods, as well as introduce new programs sucl as transportation allowing the recruitment of additional participants in the program. Public Services Unlike most Counties in Florida, Collier does not contribute any funds to social services beyond what is mandated. CDBG funds, while limited to 15%, are necessary to provide social services to low-income residents. Prescription Medications Service CDBG funds will be used to provide direct assistance with the purchase of prescription medications prescribed by a physician, to individuals according to the low and moderate-income guidelines established through the Community Development Block Grant program. Grant funds will be used only to help people who are legal Collier County residents, who are means-tested, who are ineligible for any other type of medication assistance, and who have valid prescriptions from a medical provider. Job Training and Support The proposed activity will provide educational advancement for an additional 25 students. The costs include vocational classes, childcare expenses and the cost of a part-time case manager to manage and monitor the progress of the students. Education and Training CDBG funding is requested to expand the scope of services offered at intergenerational Family Nights, which allow parents to join their children after school for an evening of academic and cultural enrichment for both. The activities are designed for family involvement in English literacy, mathematics, and access to and the use of technology. Childcare and dinner are provided to encourage full attendance. Health education and screening, available housing, and training for job opportunities will be the integral components of expanded Family Nights that will help families start to view the neighborhood school as a resource. The goal is to ensure families have information and better access to vital services. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Cotmty, Florida 42 General Planning - Homeless Management Information System (HMIS) CDBG fi~nds will be used to provide initial funding toward the purchase of a Homeless Managem¢ Information System (HMIS) to benefit the homeless and at-risk of homelessness population in Colli County in improved access to services. HMIS will provide participating agencies with improved collection methods; provide stakeholders with more reliable statistical information and fulfill the HU requirement to implement an HMIS system by October 2004 in order to continue to be eligible to app] for HUD Continuum of Care funding. Participating Jurisdictions In 2001, Collier County entered into participating parties agreement with the cities of Naples and Marco Island qualify for an entitlement status to receive the CDBG funding directly from the HUD. City of Naples CDBG funds along with the City's funds will be used to construct a new 12,000 square foot communit center to replace the 3,500 square foot facility that was built in the 1950's in River Park neighborhooa A larger facility will allow for expanded educational and recreational program opportunities fei approximately 700 very low and low-income children. Educational and recreational programs will b available for approximately 500 very low and low-income seniors and adults in the neighborhood. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low-income area. Fair Housing Collier County has successfully completed its Analysis of Impediments and has made an effort to participate in activities that affirmatively further fair housing. CDBG funds will be used to provide information and educate the public about their rights under Fai~ Housing regulations. The County will sponsor as well as participate in Fair Housing seminars as well as continue to develop its Fair Housing Initiatives Program. 'E~ U,~, L HO ~:D-I ~C, P P 0 T U ~ I'T ¥ The Fair Housing Act prohibits discrimination based on race, sex, national origin, color, religion, handicap and familial status. Consolidated Plan One-Year Action Plan Fl' 2003-2004 Collier Century, Florida 43 HUD Proposed Project Tables Consolidated Plan One-Year Action Plan FY2003-2004 Collier Count, Florida 44 c~ I'"-- ~ o © 0 ~oo o 0 0 0 17F '~! © 0 ?F ~aoo o © 0 177 © o 0'~ ',~__., '~' 0 0 0 0 0 0 ;_% -i, 0 0 0 0 0 C) CD o .~ ~ ~oo o I~ ~4D 0 0 0 0 1T? o .~ ~ ~ ['"-. 0 0 0 © © iFF .~SQ o 0 0 o 0 0 0 0 17F '31 c) ~ ° © 0 17F ~Q 0 F-, ;> .~ 0 = 17F '~Q © 0 0 0 17F The following map demonstrates the geographical location of the proposed projects to be completed during the fiscal year 2003-2004 with the Community Development Block Grant (CDBG) and proposed Home Investment Partnerships Program (*HOME) funds. In addition, maps showing the location of racial concentrations and the areas of low-income concentration in the County and Lead Poisoning Screening map are attached. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida 66 T4SS I T4?S I ~4eS I T4aS I TSoS I Ts~S I TS2S I TS~S I · L.LNrtOO 33'1 · L!.NflOO 0a¥~O~ !7 U c~zf oo 5.0 MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of its sub recipients at least once each year. Technical assistance will be included with the monitoring. The monitoring program includes in-house review of every payment request. Prior to the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Depamnent's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One-Year Action Plan FY2003-2004 Collier County, Florida 67 6.0 CERTIFICATIONS 17F The Following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Certifications l?F .al i In accordance with the applicable statutes and the regulations governing the consolidated pl regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, whi, means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, tal~ appropriate actions to overcome the effects of any impediments identified through that analysis, a~ maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocatic requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197~ as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following residential antidisplacement and relocation assistance plan required under section 104(d) of the Housin and Community Development Act of 1974, as amended, in connection with any activity assisted witJ funding under the CDBG or *HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distributior dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplac,. and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) (b) (c) (d) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-flee workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) (b) Abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; o Taking one of the following actions, within 30 calendar days of receiving notice und, subparagraph 4(b), with respect to any employee who is so convicted - (a) (b) Taking appropriate personnel action against such an employee, up to and including terminatio consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitatio program approved for such purposes by a Federal, State, or local health, law enforcement, c other appropriate agency; Making a good faith effort to continue to maintain a drag-free workplace throug implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any perso~ for influencing or attempting to influence an officer or employee of any agency, a Member o: Congress, an officer or employee of Congress, or an employee of a Member of Congress ir connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal, amendment, or modification of any Federal contract, grant, loan, o~ cooperative agreement; 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 of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and o It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG and proposed *HOME funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Tom Henning, Chairman Collier County Board of County Commissioners Collier County, Florida Date 17F ~tl Approved as to form & Legal sufficiency Patrick G. White, Assistant County Attornc Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan th: satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifi¢ community development and housing needs and specifies both short-term and long-term communit development, objectives that provide decent housing, expand economic opportunities primarily fc persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housinl Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted wit[ CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention o~ elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2001, 2002, and 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by modera income (not low-income) families, an assessment or charge may be made against the property public improvements financed by a source other than CDBG funds if the jurisdiction certifi that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within i jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to ( exit from a facility or location which is the subject of such non-violent civil rights demonstrations withi its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Tom Henning, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & Legal sufficiency Patrick G. White, Assistant County Attorney APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when th transaction was made or entered into. Submission of this certification is a prerequisite for making entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to fi the required certification shall be subject to a civil penalty of not less than $10,000 and not more tha $100,000 for each such failure. B. Drag-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing th certification. 2. The certification is a material representation of fact upon which reliance is placed when th agency awards the grant. If it is later determined that the grantee knowingly rendered a fals certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in additio] to any other remedies available to the Federal Government, may take action authorized under the Drug Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on thc certification. If known, they may be identified in the grant application. If the grantee does not identif, the workplaces at the time of application, or upon award, if there is no application, the grantee taus keep the identity of the workplace(s) on file in its office and make the information available for Federa inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) o~ other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Collier County Board of Commissioners Administration Building 3301 East Tamiami Trail Naples, FL 34112 -and- Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 Check __ if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug. Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812)and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of sub recipients or subcontractors in covered workplaces). Tom Henning, Chairman Collier County Board of County Commissioners Collier County, Florida Date Approved as to form & Legal sufficiency Patrick G. White, Assistant County Attorney 7.0 APPENDIX 17F Consolidated Plan One-Year .4 ction Plan FY 2002-2003 Collier County, Florida 76 CITIZEN PARTICIPATION PLAN Consolidated Plan One- Year Actiot~ Plrm FY 2002-2003 Collier Cotmty, F/orid~ 78 OR: 2764 PG: 0781 Collier County FLORIDA PLANN[,,WG GROUP, ]-NC. A~ENDA ITEM .... JAN 0 9 2001 OR: 2764 PG: 0782 CONTENTS INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECIINICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS ' 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COIyNTY CO1VIMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE 00-11 A(~ENDA ITEM JAN 0 9 2001 Introduction OR: 2764 PG: 0783 17F In conformance with the provision.~ of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Plamaing and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the folloWing Citizen Participation Plan. Required by HUD regUlation and. Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier'i County for allowing citizen participation and input for the development of the Consolidated Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM JAN 0 9 ZOO1 Pg. +_ OR: 2764 PG: 0784 Public meetings will be held at various locations including available ~ublic buildings, or other locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403-2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the Consolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan-related proposals, i-eqlh~rerneats, regulations, and questions. I. Rev~ex~, of Frogram Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Perform~ince Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. OR: 2764 PG: 0785 2. Community Development Needs Hearing The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HUI staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if an)'. Notices of Meetings and Hearings The public will be notified of all hearings through the local media, namely the: 1. Naples Daily News ~ 2. Irnmokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Interact Website. Notices will be published approximately 10-15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended Iisi of activities for publication (for public comment). Following the review i0f the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: - the amouut of Community Development Block Grant funds available to the County · the. eligible range and types of activities for which the funds may be used; - the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of th e Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and repons, all minutes and records of meetings and hearings, Grant Agreements, monitoring repor ~',/,i~~ ............. dA'NO OR: 2764 PG: 07 · · = ,7F applications for other programs, Consolidated Plans, Consolidated I Performance d Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive,//145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The. County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: ........ :JAN 049 0 17 F,'*** The County decides to change the purpose/stated objectives or beneficiaries of an activity. 2. The County decides to change the scope as it relates to the kind of basic eligible activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary' depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. 00-111 AGENDA ITEM .... JAN 0 9 2001 2736585 OR: 2764.PG: 0780 ,BC.] CLBRK TO TH] BOARD I~7~RO~FIC~ 4TH ~LOOR 01/{1/2001 a~ 09:28A~ D~I~HT B. BROCL CL~R~ RESOLUTION NO' 2001' fl? 1 7 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY., FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE THE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. W'I{EREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and' WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's C~nsolidated Plan for utilizing the entitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this q'~/q day of / and majority vote favoring same. ... ATTEST: . ~".. DW1GHT E. BROCK, CLE~ ,.' '-.L~ signatur~ .... A~proved as to form and  1 su~c}ency: ~ Patrick. G. ~hite Assistant County Attorney ,2001 after motion, second BOARD OF COUNTY COMMISSIONERS ANTIDISPLACEMENT AND RELOCATION PLAN 17F Con,s'olidated Plan One- Year Action Plan FY 2002-2003 Collier Counly, Florida 80 WHEREAS, Collier County intends to apply to the Florida Depak't~ent of Community Affairs for Community Development Block Gran~ to help meet ~e co~ity development needs of Co~lier ~fo~ ~lo~t~on ~s~stan~ aM Real ~l~c~em A~ of 1979, and a~ed ~e Act to d~scourage ~velo~t Block GrantB have ad~ an ~tX-D~spXacement and ~l~ation Pol~ ~n confo~nce w~ ~e Un~fo~ Re~ocation ~end~, 4g ~ Pa~ 24, ~ 24 ~ ~er 570.606; and ~, ~e County staf~ ~l ~vel~ an ~ti-Oi~pX~oe- a~ ~i~tion Poli~ t~t ~nto~ to ~a S~ta and ~qal r~ir~enta. NOW ~~RE, BE IT R~LV~ BY ~g ~ OF CO~ ~BXON~ OF ~ ~, ~RXDA, ~at ~e ~unity ~l~t Blo~ Gran= ~ti-Displ&c~n~ a~ Co111.r ~nty, Florida, as devel~ ~ Cowry staff to ~to~ to ~ate a~ r~eral r~ire~nCs, ~ adopt~ for a~li~tXon to any rel~ation or dilplacement that ~kee place C~ity Development Block Grant. This Resolution adopted after motion, second and majority vote favorin~ same. ~as to form and BOARD OF COUNTY CO~I$SIONF. RS COLLIER CO~TY, FLORIDA !. T~ORARY, VOLUN'I'~I.q:y DZ~ItCEI~ ~ R~/~CATZON IV. V. 4 5 7 7 8 FEB 4 )992 Z. DZSPL~C~m~ AVOZD~c~' The local 9overn~ent ia committed to a policy to mak~ all ~aamonabla e~Zo~s to ~s~ ~at acttvttlts und~rt~k~ ~ouqh ~ ~e of Co~lty'~velo~t 8~k G~ant (CD~) ~e ~BG priam will ~ a~inlster~ la su~ a ma~r .. afl,u1 consideration 18 ~l~n ~rlN t~ pla~lng phase riga t° avotdt~ dlspl~ce~nt. ~ 1~1 ~ea~t viii ~ea~en ~i Prele~atlon ot field.rial m~mm. lnvolunta~ :~a~ld ~nly when no other Ilte~tl~ Is avall~le a~ when home or ~slneaa pro~7 for sale to the local gover~ent. I?F In these cases, the seller may be required to waive rights as a condition of sale of the property, and the Uniform R~location Act provisions will govern actions of the local government and/or its representative. 24 CFR Part 570 is a governing document on displacement and ks incorporated by reference. 49 CP~ Part 24 provides Uniform Relocation Act i~forma=ion end is incorporat~ by refer~n=e. In the absence ment and/or relocation a~ def~ ~ 24 C~ Par~ ST0 ~nd 49 C~ Par= 24. mblm ~rou~h ~m oourlm ~ in to,aX c~pXXance wX~ appXXoabXm X~X h~s~ng and occupan~ c~ms; ~ s=ru~mXXy ~, wa~m~i~ and foll~ing~ Eot liqhtlng and other ~O~ml el~tri~l devi~m? 2. A separate, well-lighted end ventilated bathroom that provides user privacy end contains a sink, commode, and bathtub or shower stall~ 3. An appropriate, sealtag/ and approved source of hot and cold potable water; 4. An appropriate, saniter~ and approved 5. A £u11¥ u~able sink in ~he kitchen~ 7. An unobstructed egress to a safe, open area at ground level, and; 8. Absence of any b~rriers which would preclude lngrele or egress If ~he occupant le ha~capped. Failure to meet any of ~h~ criteria eutomati- call7 causes · dwelling to not be ~nsidered "standard." does not fully C~ply vl~ ~e s~rd crl~rla, ~ has minor de~e~ which r~l~ a c~aln a~ of correc- tion but can still provide I~ffl a~ a~ate shelter, ha~ major defect~ r~lrl~ a greet d~l of corr~ion and will ~ safe and ad--aCe once repairl ace ~ ~ iuitable for rihablll~tion, a trained housing specialist mu~t carefully ins~ ~e dwelling and prepare a ~rk ~i~e-up ct repai~ nece~sa~ -3- bring it up to standard cond£tion. A cost estimate o~ repairs will be prepared, based on the needs identified in the work wr£te-up. If these costs are equal to or less than 65 percent of the value of a comps=able replacement unit as obtained from more than eno licensed con~rac~or, the dwellinq'w~ll be considered su~able for reh&blllt&tion. governing body may authorize dsvietions based on the unlqus aspe~=m of eaah dweZllng, o~,ner, tenant, otis,, on n cane-by-case basin, bch deviation so approved musk b~ thorouqhly documented. Tho local government will provide rea~ona~Xe relooation ~ofl~ organiza~iona, or ta~) diipla~ (~ved ~ and ~) am a result of ~h~ use of assistance to a~ire or su~ntially ~hab~li~ lsstatancs to dlsplac~ persons ~y include: 1, Pa~ent for a~ual ~vinq a~ relation ~anses d~en~ ~ r~ipients a~/or fr~ se~lce provide~ and utility co~nies. documents shall ~ su~i~ted prior to the dis~rse- ment of pa~ent; -4- 2. Advisory services; necessary to help in relocating; 3. Financial assistance sufficient to eflable the displaced person to lease and occupy a suitable, decent, safe and sanitar~ replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household gross income of a family earning 80 percent of the median income for the ~ur£sdict£on. lev- and mode~ate-income houli~ am a dice~C reiult of Rouni~ and Co=un~y ~X~t ~ o~ X974, aa summed, and as desorl~ An ~4 ~ Pa~ 570. ~pXace- Iow- and modera~e-X~o unX~ ~y Xnolude publA~ ~ aamiata~e. ~ee Meats of ~e ~~~ of ~e ~oXi~ion or ~h&bili~atiom relatA~ ~ ~raX~ and will ~a~ ~he · ollowing retirements. Z. ~e unica w111 ~ 1~ within ~a l~al J~X~iotAon. 2. ~e unlta will ~et all a~ll~ble local housing, ~ildt~, ~ zonl~ ordi~s a~ will ~ in standard, o~ ~, ~ition. 3. ~e units will ~ design~ to re. in l~- and m~era~a-income dwelli~ uni~ for at leas= 10 ~o initial tenant only). -5- 4. The units will be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed in the units that are demolished or converted. Before obligating or expending CDBG funds that will directly result in such d~olition or conversion, the local government wall make public and submit to the Florida Department of Comu~it¥ Affairs the following Information in writing; activity; 2, The general location on an area map, including &pproximate ntmber of dwelling traits h~ size (number of b~Jroom) that v[~l ~demol~hed or conve~ed to a u~e o~er ~an low- a~d moderate- income dwell~nq units; 3. A time ~chedule for commencement and com- pletion of the demolition or cony&talons 4. The ~enaral looation on a smrvica area map end approximate rnmber of dwelling ulll~ by size (n~_~er of bedro<ms) tha~ will ~ ~r~id~ a~ location and source for the replacement dwall£ng unit. 6. The basis for concluding that each replacement dwe111~ unit will be desiqn~d to r~main a low- and moderate-tn~ dwelling unit f~ ~ncy. 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs of low- and moderate-income ~ersone in the Jurisdiction. -6- B. Provisions for Relocation AssistanCe Residential Displacement The local government will provide relocation tance, as described in 24 CFR PeL~c 570, to each low- and moderate-income household ~nvol~tl~ dfsplaced by demolition nE housing or ~ the conve~sion o~ a low- ~nd m~arata-inco~e d~ellinq ~o sao~er use as a direc~ relocated are end,tied Co the 1. A choice ~veen 1) a~ual ~on allo~ance ~ 4. Interim l~v~ cos~ and S. R~plac~n~ bousi~ ~ssis~no~, ~i~ fnclude_ a 8~otion 8 h~l~ ~ahe~/ and referral to ~il~lt~ ~ eib ~1 tanci to r~uce ~e ~ a~ utility ~t, I~P ~ ~nt .~ ~ ~ we~nc value ot ~ntal aenla~an~ znitall~n~ ~ ~ ~ toward purahasl~ an integer in a h~el~ ~raC/ve or mutual houe~ng ali~ation for a ~rl~ of up ~o mon~l (5 yearm). C. Provisions for Non-Residential Relocation Susine~ae~, non-p~t~ o~anizat~ons, fa~, ~all not ~ relocated unless ~e ~ve is volunta~, essential to the project rrna the public vie~, a~ the. -7- owner waives his/her rights under the Uniform Act except for the following relocation assistance: 1. Actual moving and reasonable re- establishment expenses not less than $1,000 nor more than $20,000, equal to a pro rata share for the period of interruption of operations of the average annual ne= earnings. Average annual net earnings are one-half of the entity's net earnings before taxes, during ~hs two taxable years immedi- 2. No other benefits vi11 be pz~vided, and a signed waiver ackn~wledqing this fact will be quired. A. ~lrions occupying h~i~tch Ii ~o ~ rehab~l- itatid ul~nq ~8~ fu~s ~t ~lun~r~ly Iqrie to lnolumion ~n the pr~ram a~ ~all vacate ~e houling a~ ~e direotton of ~he 1~1 gove~nC (or ~tl Hous~nq Director), ~n o~er to t~o~l~te ~ ~fe, t~meLy and S. A moving ell~en~ oZ $300 vtll ~ ~ld~ ~am117 unit ,o displace. ~o aZl~an~ will be ~id~ in ~ pa~n~s of $150 each u~ ~v~ng ouC and moving ~ck ~n. C. ~e l~a~ qovernmen~ ~y pc~lde a ~l, dt~, and ~anita~ housi~ unl~ for ule is ~ra~ t~on housing. ~e uni~ 8hell ~ ava~l~le free of ~a~e to ~emporarll7 displaced hou~ehol~ for ~e ~ri~ au~orized b7 t~e Housing Dire~or, g~erally for ~e period o~ rehabilitation comst~ction. Households who occupy the unit she11 have a $75 refundable deposi% wi~_~held from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged conOition. The deposit refund shall be denied in full or in part for payment of damages to the owner/lessee due to the occupants' (a) failure to properly clean or maintain the unit, (b) physical damage to the unit, (c] Houe~nq Director. I&oh ~&mily un~ d~iplac~ L~ ICe=age ~s neciiIary &nd E. InIuranoe ~I= of ~ ~ %tO0 ~o= ~i repLaoI~nt ~IUI Ot ~hl ho~eho~d pr~y ~n ~n~Lon vi~ ~i I~O~BgI ~I n~IIIi~ a~ IIIen~al ~o ~e ~I. ~pan~I volun=ar~l~ consent, ~hl governmen~ w~ll asIiI~ In ~e relocation to a decen=~ safe and sanita~ dwelXXng unit. Bene£1ts, iff provided, will be limited to increases in monthly housing costs incurred by the .occupant An an amount t~lual to the lesser of 60 times the increase or 30 percent of the person's annual income. 24 CFR Part 570 must be con- sulted to determine specific l~mitations. FI. DXBPLAC~I~T OF f~ds only as a volu~ta~ action, w~ r~habll~tatlon of the dwelling is not feasible or coat eff~tive. a replacement housing ~n~ ~ ~o ~x~ ~28,000 ~lssioner.). ~e a~nt will ~ ~ upon the diffe~ence ~t~een ~m d~lli~ ~pla~ price and pur~aa~ price. ~flity ~o contrl~e hou~old.s ~rrow~ng ag~e~, including ~HA) a~ lipid asae~ a~ve $5,000 In value. B. To the e~tent ~ea.~ble, replacement un~t~ of comparable size and -10- shall mean single-family detached, mobile home, or attached. If the unit is attached (duplex, triplex) and the de,placed owner .~lso owns 1~he other u~it(s) as rental property, up to $10.O00'per unit shall be granted for construction of attached replacement units, provided ~at zonin~ and o~er ap~ll~ble re~i~tions all. con- atn~ion of an atta~ ~lt(a) ~l~ gill ~ rented for a period of five years to ~ lncoae eligible households at affordable rent levels. ~ shall ~ean ~a average mon~ly cost ~or rent and utility ~a~es (rater, s~er, ~ls~rlclty. gas} a~ ~all not C. Homeo~rs ~111 ~ ~ouraq~ to r~l~a~ onto th~ proper~y from vhlch ~ey ~re dlspla~d or onto o~hi~ ~ltqtbl~ rsplac~mnt unit ~mt only ~sn thm sxtm~ing site is unsuitable due to lnad~ats siz~ (bas~ upon zoning ~r o~htr applicable r~la~tons) or i~ation in a ~tland or 100 year ii--plain. ~ls~in~ housing that Is tn a~andard condition ~y al~ ~ a~d as replacemen~ housing. Pl~ent shall ~ dll~rsed only upon ~he Housing Director's approval o~ ~e replac~en~ unit. i?F D. If space is available, displaced homeowners will be offered temporary replacement housing in on~ of the units provided by the CDBG program for housing rehabil- £tatton displacees. M~ving and storage allowances w£11 be provided a= annotated in section V. E. If a homeowner chooses to not purchase a replace- ment dwelling, compensation ah&11 be determined in ~he lame manner as for rente~. C~m~neation abeX1 not b~ -A. If a claim for asaAa~an=e is ~mnied ~ the l~al governing body. ~h. ola~n~ ~y a~al to ~e cour= de~e~ines ~he decisAon was arb~ra~ a~d capri- aloud. ~eplace~t housinq options. ~eli~ shell ptovid~ by the ~ing DiVot to ~mnently dis- plac~ households :o enau~ ~be u~n, race, ~lor, ~liqlon, ~x, 2. Dlsplacees receive info.etlon concerning the full range of housi~ opportunities within the 1~1 housing market. Prepared by Russell L Shreeve, Jr., Director Collier County Housing and Urban Improvement -12- February, 1992 FAIR HOUSING ORDINANCE 17F Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 81 ORDINANCE 92- 9 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-74, TH.E FAIR HOUSING ORDINANCE; BY AMENDING THE TITLE TO THE ORDINANCE; BY AMENDING SECTION TWO ENTITLED DEFINITIONS; BY AMENDING SECTION THREE ENTITLED UNLAWFUL HOUSING PRACTICES; BY AMENDING SECTION FOUR ENTITLED EXEMPTIONS AND EXCEPTIONS; BY AMENDING SECTION SIX ENTITLED COMPLAINTS; BY AMENDING SECTION ELEVEN ENTITLED PENALTY; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance NO. 86-74 creating a "Fair HQusing Ordinance" on November 4, 1986; and WHEREAS, the Board of County commissioners adopted Collier County Ordinance No. 8~-89 to amend ordinanc~ No. 86-74 to include handicapped persons as a protected, class; and WHEREAS, the Federal and State Fair Housing Ac~s were amended to include familial status as a protected class; and WHEREAS, there is a need to amend Ordinance No. 86-74 to include familial statu~ as a protected class and make mingr changes to be consistent with State and Federal law. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that: SECTION ONE: The title to Collier County Ordinance No. 86-74 is amended to read a~ follows: An ordinance entitled "Fair Housing Ordinance" to prohibit discrimination on the basis of race, color, an=as%my7-national origin, religion, sex, ma~&%a~-s%a~u~?-~ge? .familial status, or handicap in housing; enunciating county policy relating to this type of discrimination; providing a common title; defining the terms used; prescribing unlawful discriminatory practices in connection with the sale, leasing, financing, and provisions of brokerage services relating to housing; providing certain exceptions; providing for the designation of administrator; prescribing the administrator's powers and duties; providing for conciliation hearings and agreements; providing for duties of administrator when probable cause of violation exists; providing action to be taken by adm~nlstrator when conciliation of a violatio~ fails or cannot be resolved; prescribing iMF words underline~ are added; Words struck-through are deleted. penalties for violations; providing a~ severability clause; and providing an effective date. SECTION TWO: Section Two, Definitions of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION TWO. DEFINITIONS. For the purposes of this Ordinance, the following definitions shall apply: A. Administrator - That person appointed by the County Manager pursuant to Section Five. ~ha---womd--a~e?--am--umed--~n---~h~m--erd~nan~er--mha~__~e~e~ e~. Board - Board of County Commissioners of Collier County. B~. Discriminatory housing practice - An act that is unlawful under Section Three of this Ordinance. D. Dwellinq - any building, structure, or port,on thereo~ ~hich is occupied as, or desic~ned or i~tended for occupancy as, a residence bM one or more ~amilie$, ~nd aD¥ vacant ~and ~hich is offered for sale or.~ease for. the construction or ~ocation thereon of any such buildinq, structure, or portion thereof. E. Familial' Status 2 One or ~ore individuals ;who have not attained the aqe of' 18 years~ beinq domiciled with-- a. a parent or another person havinq leqal custody of such individual or individuals; or b. the desiqnee of such parent or other person ha~in~ such custody, with' the written permission of such parent or other person. ~_he Orotectio~s ~f(orded aqainst discrimination on the basis of familial status shall apply to any person ~o is preqnant or is in the process of securin~ legal custody of any individua~ who has not attained the aqe of 18 years. ~. Family - ~n~e--hm~ekaap~ng--~n~k--~n--a--dwa~½~n~= Includes a single individual, - 2 - Words underl~pe(~ are added; Words sBrm~k-~hrou~h are deleted. G. Lending Institution' - Any bank, insurance company, savings -and loan association or any other person or organization regularly engaged in the business of lending moneyF-"guaranteeing loans, or sources of credit .information, including but not limited to credit bureaus. H. Owner - Any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the city and its departments or other sub-units, having, the right of ownership or possession or the authority to sell or lease any I. Person - One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mo~%gage mutual companies, Joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruDtc?, receivers, fiduciari'~$, or public coz-porations, or any department or sub-unit thereof. J. Real Estate Agent - Any real estate broker, any real estate salesman, or any other person, employee, agent, or otherwise, engaged in the management, sales, or operation of any real property. K. Real Estate Broker or Salesman - A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other - 3 Words underlined are added; Words ~ru=k-~hrough are deleted. 1 7F encumbrance upon real property, or who is engaged in the busine~ of listing real property in a publication, or a person employ~d'~or actin~ on behalf of any these. "'~rL."''Real' Estate Transaction - Includes the sale, purchase, exchange, ~ental or. lease of real property, and any contract pertai.~inq thereto. '' M~: ' ~/~o Rent -- Includes lease, sublease, assignment and/or rental, including any contract to do any of the foregoing, or otherwise granting :oF a consideration the right to ~occupy premises that are not owned by the occupant. -~. Respondent - Any person against whom a complaint is filed pursuant to this chap%art Ordinance. OQ' Sale - Includes any contract to sell, exchange, or to convey, transfer, or assign legal or equitable title to, or a beneficial interest in, real property. PT Hand~apped--Pe~en .... A--person-hav~ng-a--phys~n~-~ P. Handicap '- with resmect to a Derso~ - a. a physical oF me~ta~ impairment which substaD- tiall¥ limits one or more of such person's magor life activities. b. a record of havinq such a~ imDairment, or ¢, beiDq reqarded as havinq such an ~mDairment, but such term does not include current, illeqal use of or addiction to a controlled substance fas defined in sectioD %o? Qf the Controlled Substance A~t Covered Multifami~¥ Dwellin~ - a. A bu~ldiDq which coDsists of fouF or more un~t~ and has an elevator: or b. The qround f~oou units of a build,hq ~hich ~2]_sis~s 9f fQur Or ~oFe u~kt~ ~d does ~o~ have aD e!evato¥, - 4 - Words underline~ are added; Words m~ru~k-~hr~h are deleted. of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION THREE. UNLAWFUL ~OUSING PRACTICES. (1) Unlawful housing practices - sale or rental. Except as provided in Section Four of this Ordinance, it shall be unlawful and a discriminatory housing practice for an owner, or any other person engaging in a real estate tramsaction, or for a real estate broker, because of race, color,- ances~r national origin, religion, sex, s~at~sT-a~-familial statug, or handicap: A. To refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny he~s~ng ~ to any person. B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in t~e furnishing of facilities or services in connection therewith, or-because of his exercise of his right of free association. C. To refuse to receive or fail to transmit a bona fide -offer to engage in ~er~o~ D. To 'refuse transaction with a persdn. a real estate transaction from a negotiate for a real estate E. To represent to a person that ho~s&ng a dwelling is not available for inspection, sale, rental or lease when in' fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect the h~s~ng dwelling. F. To make, print, publish or circulate, post or mail, or cause to be made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection with a written affirmative action plan, to make a record, or oral or written inquiry in connection with a prospective real estate transaction, which indicates directly - 5 Words underlined are added; ;4ords ~tru~k-th_~ough are deleted. or indirectly an intent to make a limitation, specificat-ion, discrimination with respect thereto based UDon ra~9, color. re!i~ion, sex. familiial status or national origin. G. To offer, solicit, accept, use or retain a listing of h~s~n~ a dwel!inq with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith. H. To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for sale or rental, or the sale or rental of any ho~n~ d~el~inq in any area' in unincorporated Collier County for the purpose of inducing or attempting to induce any such listing or any of the above transactions for discriminatory purposes. _.. I. To retaliate or discriminate in any manner against any person because of his opposing a practice declared unlawful by this Ordinance, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this ordinance. J. To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by the provisions of this Ordinance, or to obstruct or prevent any person from complying with ~he provisions of this Ordinance, or any conciliation agreement entered into thereunder. K. By canvassing to compel any unlawful practices prohibited by the provisions of this Ordinance. L. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer; or otherwise dispose of any h~n~ dwel~i~ by referring as a part of a process or pattern of inciting neighborhood unrest; community tension, or fear of racial, color, religious. nationality, ~am~ly compo$ition~ or ethnic change ~n any street, block, neighborhood, or any other area, to the race, Words underline~ are added; words Dtruck-thr~gh are deleted. or anticipated neighbors, tenants or other prospective buyers of any.hous&ng dwelling. M. To cause to b~ade any intentionally misleading statement or advertisement, or, in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, co~ununity tension or fear of racial, color, religious, famil~ composition, nationality or ethnic change in any street, block, neighborhood, or any other area, to obtain a listing of: any housing dwelling for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading~ or where there .is insufficient basis to judge its truth or falsity or warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said ho~mg ~~ N. To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition tending to lead to the belief that a bona fide .offer is being made to sell, lease, assign, transfer or otherwise dispose of any ho~s&ng dwellinq that is not in fact available or offered for sale, lease, assignment, transfer or other disposition. O? It is unlawfu~ to discriminate i~ the sale or rental of, or tQ otherwise ~ake unavailable or denv~ a dwelling to any buyer or renter because of a bao~cap of: 1. That buyer or renter; 2. A Derso~ residin~ in or intendinc to reside in that dwellinq ~ftev it is sold, rented, or made available: or 3. Any person associated with the buyer or renter, P. It is unlawful to discriminate aqainst any perso~ terms, conditions, or orivileces of sale or rental - 7 - Words underlined are added; Words ~%~uak-~h=ough are deleted. dwelling, or in the provision of services or facilities iQ ~onnect/on with such dwelling, because o~ a handicap of: l, That buyer or renter~ ~, A DersoD residing ~D or intending to reside in that dwelliDq after it is sold, rented, or made available;,or ~, Any Person associated with the buyer or renter. Q, For purposes of subsections ~P) a~d fO], discrimi- nation includes: ...... 1. A refusa~ to permit, at the cxpense o~ th~ handicapped person, reasonable modificatioDs Of e×istin~ ~remi~e~ occupied or to be occupied by such Derso~ if ~ucb modifications ~ay be Decessar¥ to a~ford such person ful~ ~n~ov~en~ o~ the prem%ses; or ~, A re(usal to make reasonable accommodations iQ rules, policies, practices, or services, when such accommodations may ~ ~e~essarv to afford such merson e~ua~ ODoortun~tv to use and en4ov a dwell/nc. R. Covered multifamilv dwellings as defined herein which are intgDded for first occupancy after March 13,. 1991, shall be des~qDed and ~oMstr~cted to have at least one buildiDq entrance oM aR accessible route unless it ks ~mpractical to do so because of the terrain or u~usual characteristics of th. site as determined by Administrator rule. Such bui%d~n~s sha~] also be desiqMed a~d constructed iQ such a manner that: 1. The oublic use and commo~ use portions of suc~ dwellin~s are readily a~cessibl$ $o a~d usable bY handicaPPed persons, '~,, ~11 doors desiq~ed to allow passage ~nto and within a%l premises w~thin such dwellings are sufficiently wid. to allow passage by a person in a wheelchair. 3. All premises within such d~ell~nqs contain the following features of adaptive design: .a~ An accessible route into and through thm dwelling, - 8 - Words underlined are added; Words stru~R-~hr~uUh are deleted. thel-mostats, c} Rei~(orcements later installer!oD of Grab bars~ and other environmental controls %D accessibln bathroom walls to allow d} -Usable kitchens and bathrooms such that person iR a wheelchair can maDeuver about the space. 4. Compliance with the appropriate requirements of the' ~meuic.~ ~!ational StaDdards Institute for buildin= and facilities providing accessibility and usability for phYsica!lv hand, capped people, commonly cited as ANSI Al17.1-1986~ suffices ~0 satisfy the requirements of para~rap~ '-'-(2) Unlawful housing practices - Block busting. 'it shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate trarrsaction for which he may benefit financially; ...... A. To represent that a change has occurred or will or may occur in the composition, with respect to race, color, an~eseryr national origin, religion, sex, familial status, or handicap, of the owners or occupants in the block, neighborhood, or area in which the ~ is located. B. To represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the hous~ng ee~mme~ee~n dwellin~ is located. C. To make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any hous&ng dwel~lnq in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family compos~tioD, or ethnic composition of such block or neighborhood or area. - 9 - Words underliDed are added; Words mtrucR-thmough are deleted. D. To engage in, or hire to be done, or to conspire with others to commit actions or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the intent to either discourage or induce, or attempt to induce, the sale, purchase, rental or lease or the listing of any h~ng ~mm~a~n dwelling. _. ....... ~.._ For_~ profit, to induce or attempt to induce any person to sell or not sell, or rent or not rent any ~wellinq~. by.representations retarding the entry or prospective entry~_into th~ neighborhood of a person or persons protected by the provisions of this Ordinance. .. ~_~(3) Unlawful housing practices - Financing. A,. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to an applicant thereof for the purpose of purchasing, constructing, improving, repairing or maintaining h~s~g a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, am~a~%~y7 national origin, religion, sex, ma~a~--~a~r--a~er familial status, or handicap of such person or of any person associated with him in connection with such 10an or other financial assistance, or the purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the h~ng dwellin~ in relation to which such loan or other financial assistance ~ ~ to be made or given; provided, that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in Section Four of this Ordinance. B(1) it is unlawful for any person or entity whose bus~ness iRcludes epqaqinq in resid~nt~a~ Fe~ ~ansact~ons to discriminate aqainst any person ~n making - 10 Words underlined are added; Words ~t~uck-~hre~h are deleted. ~uch a transaction, because of race, color, national oriq~n sex, handicap, familia~ status, or reliqion. (21 As use~ ~ th~s subsection, the term residential real estate traDsact~o~ means any of the following: a) The makinq or pUrchasinq of ~oans or Drovidtn~ other financial assistance: ¢1) For purchasing, construction. improving, repairing, or maintaining a dwelling: or : (2) Secured by residential real estate. b] The sellinq, brokerinq, or aDmraisiDq residential real DroDerty~ (4) Unlawful housing practices - Brokerage Services. It shall be unlawful and a discriminatory housin~ practice to deny any person access to or membership or participation in any.multiple listing service, real estate broker's organization or other service, org~nization, or facility related to the business of selling, or' renting h~ ~, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, aneeseryT national origin, religion, sex, a~a~sT--ageT famil'ial status, or handicap. SECTION FOb-R: SeCtion four, Exemptions and Exceptions of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION FOUR. EXEMPTIONS AND E×CEPTIONS (1) Nothing in Section Three shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of h~mg a d~elliDq which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons, unless membershiD in such reliqion is restricted o~ account o~ race, color, or national oriqin. Nor shall anything - i1 - Words underlined are added; Nords ~tru=k-bhrough are deleted. public, which as an incident to its primary purpose or purposes provides .... lodgings ~hich it owns or operates for other than a commercial purpos~from limiting the rental or occupancy of such~-lodgings to its members or from giving preference to its members. ~-(~-L.-- Nothing in Section Three, 9Kcept subsection 1 (F), shall apply to: ........ A.. Any .single-family house sold cr rented by~ its owner: provided, that such an individual owner does not own more than three such single-family houses at any one time; provided~_ further, that in the'case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recen% resident of such house prior to such sale, the exemption granted.by this subsection shall apply only with respect to one such sale within any ~wenty-four month period; provided7 further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to'or any rights to all or a portion of the proceeds from the sale or rental of, more t~an three such single-family houses at any one time; provtdedr further, that the owner sells or rents such h~us&~g dwelling: (1) without the use, in any manner, of the sale or rental facilities or the sales and rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting hou~ng dwelli~qs, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section Three, subsection 1 {F) of this OVd~ce; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or traDsfer the title; or - 12 - Words umderlimed are added; ~4ords mtr~ck-thr~gh are deleted, living quarters occupied or intended to be occupied by no more than .four families living independently of each other, if the owner_ actug.%ly._ ~aintains and occupies one of such living quarters as his residence, provided that the owner sells or rents such rooms or units; (1) without the use in any manner of the sales 9r rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting heu~ng d__wellinqs, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after not£ce, of any 9dvertisement or written notice in violation of Section Three, subsection 1 (F) of this Ordinance; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, ad other such professional assistance as necessary ~o perfect or transfer the title. For the purpose of th~s SectioD Four, Subsection 2 of this Ordinance a person shall be deemed to be in the business of selling or renting housing if: a. he has, within the preceding twelve months, participated as principal, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any heu~&ng dwelling or any interest therein; or b. he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities-or sa~es--~r-~en~a~-~a=~es or sales or rental services in two or more transactions involving the sale or rental of any ho~ng ~welliDg or any interest therein; or c. he is the owner of any houm~ng dwelling designed or intended for occupancy by, or occupied by, five or more families. - 13 - Words undeulined are added; %Vords m~ruek-~hr~ugh are deleted. A. Bar-any-Per~en--~rem-res~r&e~ing-~a}esT--~en~a~sT ~ea~esr--er-eeeupaney-er-~rom-g~v~ng-pre~erenee-bo-per~en~_e~_a g~¥en-age-Ser-bona-~de-heu~ng-~n~ended-~o~e~y-~or-ahe_e~der~¥ er-bona-~de-heus~ng-~n~eaded-se~e~¥-~er-m~ors~ B ~. Hake ±t an unlawful act to requ±re that a person have legal capacity to enter into a contract or lease, e ~, Bar any pe~son fro~ advertising or from refusing to sell or rent any h6us~ng ~wellin~ which is ~lanned exclusively for, and occupied e×clusi~ely by, individuals of one sex, to any individual.of the opposite sex. B ~. Bar any person from eel!lng, ...renting or advertising any ho~s~ng dwelling which is planned exclusively for, and occupied exclusively by, unmarried individuals to unmarried individuals only. F. Bar any person from refusing to sell or rent any h~s&ng dwellin~ to unmarried individuals cohabiting contrary to law. G. Bar any 'person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less that the tel-m for which the loan is requested. (4~ Nothinc in section three recuires any person renting or selllnc a dwellin~ constructed for flUst o~cupaDcy be(or~ March 13. 199~, to modify, alter, or adjust the dwe%l~nq order to provide phys~ca~ accessibility e×cep~ as otberw~s~ recuired by law. ~} A. ADy Drovision of Section Three reqard~nq familial status does not apply with respect to housinq for older pCrsons~ - 14 - Words underlined are added; Nerds ~ruck-~hrongh are deleted. older mersoDs" ~eans housipgl t, PrOvided under any state or federal Droaram that · the-.comm~ss~o~ .determines is specifical%y des~qned an~] QDerateq .to assist elderly persons, as defined in the ~tate0r federal Dro~ra~; 2, Intended (or, and solely occupied bv,'person- 62 years of a~e or older: or 3, Intended and operated ~or occupancy by a.~ least one ~grso~ ~ years o~ a~e or older Der unit, In determininc whether bousinq ~ualifies as housipq for older persons under this subpara~ramh', the commission shall conside~ at least the followin~ factors~ (a) The existence of si~nificant facil~tiec and services specifically designed to meet the PhYsical OU social needs of older persons, or if mrovidin~ such facilitie~ and .ser~ices is not practicable, such housin~ is necessar~ to provide .important housinc opportunities for older persons; lb) At ~ast 80 ~ercent of the u~its, ar- occupied by at least one person 55 years of a~e or older Der ~) The publication of and adherence to policies and Procedures which demonstrate an intent bv the owner or manager to Provide housin~ for persons 55 Years of a~e or older, C. Housin~ shall not fail to be considered housinq for older persons if; 1, A person who resides i~ such housin~ on or afteF October 1, 1989, does not meet the aqe requirements o$ this subsection, provided that any new occupant meets such age requirements: or 2, One o~ more u~its are unoccupied, provided that any u~occupied un~ts are reserved fov occupancy by person~ who meet t~e aqe requirements of this subsection. - 15 - Words underlined are added; Words st~umk-~MrougM are deleted. IFF SECTION FIVE: Section Six, Complaints of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION SIX, ~ .(lj.-A person who claims that another person has committed a discriminatory housing practice may report that offense to the administrator by filing an informal complaint within sixty (60) days after the date of the alleged discriminatory housing practiqe and not later. (2) The administrator sha'll treat a complaint referred, by the. Secretary of Housing and Urban Development or the Attorney Gener~_ of the United States under the Fair Housing Act of 1968~ .... ~blic~Law 90-284, as an informal complaint~_filed under subsection 1. (3) An informal complaint must be in writing, verified or affirmed, on a form to be~ supplied by the administrator and shall contain the following: ..... A. Identity an4 address ~gf the respondent(s). B. Date of the offense and date of filing the informal complaint. C. General statement of facts of the offen~e including the basis of the discrimination (race, color, an~e~y~ nationa~ origin, religion, sex, familial status, or handicap). D. Name and signature of the complainant. ~$~(4) Within fifteen (15) days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail return receipt requested. Thereupon, the respondent(s) may file a written, verified informal answer to the informal complaint within twenty (20) days of the date of receipt of the informal complaint. - 16 - Words underlined are added; Words ~truck-~hrou~h are deleted, ~6~(5) An informal complaint or answer may be amen~ld ~t any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the respondent(s) or complainant(s) respectively as promptly as practicable. ~(6) The administrator shall assist complainant(s)' or respondent(s) when necessary in the preparation and filing of informal complaint or answers or any amendments thereto'. SECTION SIX: Section Eleven, Penalty, of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION ELEVEN: ~ENALTY Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon convictiom shall be punished by fine not to exceed five hundred d~llars ($500.00) or by imprisonment in the County Jail not to ~xceed sixty (60) days or by both~ fine and imprisonment. Nothin= in this section shall be construed to prohibit ~bn County from DrosecuttD~ any violation of this Ordinance bY means of a Code Enforcement Board established pursuant tO tbm authority of Chapter 162, Florida Statutes. SECTION SEVEN: Construction and Severability. This Ordinance shall be iiberally construed to effectuate its public purpose. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. - 17 - Words uude~lined are added; Words stru=k-~h~ough are deleted. PASSED AND DULY ADOPTED BY THE Board Co~umissioners of Collier County, Florida, this ~/r~ .~~--J , 1992, of County day of DATED: AT~EST:' JAMES C. GILES, Clerk 'Approved as to form and legal Su~f. fi¢~[ency: Assistant County Attorney n~y/dp/~69 BOARD OF COUNTY COM/~ISSIONERS COLLIER COUNTY, FLORIDA By: · MICHAEL J~"~OLPW-, Chairman '~ls ordlnonce flied with the SecretOn/of ~e's Office ~ o~ ock~wledgem~n~ ~o* - 18 - Words Nndevlined are added; Words ~tru=k-ehrough ara deleted. 17F COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 82 17F Collier County and City of Naples, FL STATE HOUSI~NG INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN For the State of Florida Fiscal Years July 1, 2001 through June 30, 2004 Collier County Housing and Urban Improvement Department Community. Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (941) 403-2330 ~ Fax (941) 403-2331 vvww.co, coilier.fl.us/h ui Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN State Fiscal Years 2002, 2003, and 2004 PROGRAM DESCRIPTION A. Names of the participating local governments: Collier County Government and the City of Naples, FL. Summary of the proposed program: Collier County and the City of Naples have adopted an Interlocal Agreement to administer housing programs in Collier County. Collier County Government is designated as the administrative agency for the program. The SHIP Program is governed by Section 420-9079, Florida Statutes and Rule Chapter 67- 37, Florida Administrative Code. SHIP funds along with CDBG and private funds will be available to develop and improve affordable housing opportunities in the City of Naples and the unincorporated areas of Collier County. Funds will be used to assist in the purchase of and development of single family owner occupied housing, rehabilitate existing housing, provide housing for persons with special needs, and assist in the development of affordable rental housing. C. Fiscal years covered by this plan: This local housing assistance plan allocates SHIP Funds for State Fiscal Years 2002, 2003, and 2004. Do Public input in developing this plan: Public input was received through the Collier County/ City of Naples Affordable Housing Commission. This nine-member commission meets monthly to discuss and explore affordable housing issues facing the County. Meeting notices are sent out and all meetings are open to the public. E. Available Support Services: · Collier County Banking Partnership · Salvation Army Transitional Living Center · Collier County University of Florida Extension Service · Habitat for Humanity of Collier County 2 · The Saint Mathews House Transitional Living Center · Collier County Housing Authority · The Red Cross of Collier County · Catholic Charities of Collier County · Community Housing Partnership of Collier County · Collier County Loan Consortium I!. INTERLOCAL AGREEMENT See attachment 1 "interlocat Agreement". I!1. LOCAL HOUSING PARTNERSHIPS The Collier County Housing and Urban Improvement Department has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the SHIP Program strategies. Representatives from these groups are routinely invited to attend public meetings regarding the development of housing related issues such as the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. Another local partnership exists between the Collier County Housing and Urban Improvement Department and Focal area mortgage lenders, realtors, developers, and closing agents. Representatives from each of these groups work together on a daily basis to ensure that SHIP Programs function smoothly. To date over 1,500 loans have been closed through Collier County SHIP programs. IV. Strategies A. Housing Assistance Strategies Down Payment / Closing Cost Assistance with Emergency Repair Program ao The Down Payment / Closing Cost Assistance Program assists first-time homebuyers by paying a portion of their down payment and closing costs. Buyers of existing units are also eligible for additional rehabilitation or emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the purchase (and repair if applicable) of new or existing single-family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Down payment / closing cost assistance will be available only to Iow and very-low income applicants. Applications will be taken on a first-come / first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The applicant must be a first-time homebuyer. A first- time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. · The home to be purchased must be located within the boundaries of Collier County, FL. · The applicant must be pre-approved by the lender providing the first mortgage for the purchase. · The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. All down payment / closing cost and emergency repair loans will be secured by second mortgages. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. The down payment / closing cost and emergency repair program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to Iow and very-low income first-time homebuyers in Collier County. Impact Fee Relief a= 17F The Impact Fee Relief program provides waivers and/or deferrals of Board of County Commissioner imposed impact fees on single family units for Iow and very-low income first- time homebuyers in Collier County. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Impact fee waivers and/or deferrals will be available only to Iow and very-low income applicants. Applications will be taken on a first-come / first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: The applicant must be a firSt-time homebuyer. A first- time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. The applicant must be pre-approved by the lender providing the first mortgage for the purchase. The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. Very-low income buyers receive a 100% Waiver of .Impact Fees, Low Income buyers receive a 50% Waiver / 50% Deferral or Impact Fees, Moderate Income Buyers receive a 75% Deferral of Impact Fees. Impact fee relief assistance comes in the form of both a waiver and/or deferral. Fees deferred are recaptured when the property is sold, transferred, refinanced, or is no longer the primary residence of the applicant. No recapture is required on fees waived unless the property is sold, transferred, or is no longer the primary residence of the applicant prior to fifteen years from the date of purchase, in which case the waived fees are immediately due and recaptured. The impact fee relief program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to Iow and very-low income first-time homebuyers in Collier County. Persons participating in the Impact Fee Relief program are also eligible to leverage the purchase of their home with SHIP Down Payment / Closing Cost Assistance loan funds. Housing Rehabilitation- Owner Occupied The housing rehabilitation- owner occupied program assists very-low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/ or deferred maintenance. fo This strategy will be funded during state fiscal years 2002, 2003, and 2004. This program will assist only very-low income homeowners. Applications will be taken on a first-come/first served basis. Loans will be given to only very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, or other alternative sources. Housing Rehabilitation- Rental The housing rehabilitation- rental program assists non-profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/or deferred maintenance. This strategy will be funded during state fiscal years 2002, 2003, and 2004. This program will assist only non-profit housing providers who provide housing to Iow and/or very-low income tenants on a first come, first served basis. A non-profit housing provider wishing to receive rehabilitation- rental funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · Preference will be given to orqanizations partiCipating in the WaRes to Work program. All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the organization, the organization's ability to repay, and non- profit or profit status of the orqanization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the F/or/da Admin/strative Code. Resale and First Riqht of Refusal for Affordable Housinq will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) F/ofida Statues. SHIP funds will be leveraged by the non-profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non-profit housing provider must contribute $2. lO bo .d. Land Acquisition / Transfer With New Construction The land acquisition / transfer with new construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non-profit housing providers to acquire such land. The Collier County Housing and Urban Improvement Department may also use this program to purchase land to be used for affordable housing. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary must be Iow or very-low income, and be selected on a first come first served basis. A non-profit housing provider wishing to receive land acquisition transfer with new construction funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · Preference will be given to orqanizations participating in the Waqes to Work program. Land acquisition / transfer program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years with an interest rate of 0%. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. The SHIP funds used in the land acquisition / transfer program will be leveraged by several public and private l] sources. The non-profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. ~2 Demolition With New Construction ao Through the demolition with new construction program Iow and very-tow income homeowners of substandard housing may receive a deferred payment loan to pay for the demolition of substandard housing units found not to be cost effective or possible to rehabilitate. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Participants in this program must be Iow or very-low income. Applications will be taken on a first-come/first served basis. Loans will be given to only Iow and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. fo In cases where the cost of demolition exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP down payment/closing cost assistance and SHIP impact fee relief. 13 Special Needs Housing Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non-profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary must be Iow or very-low income, and be selected on a first come first served basis. A non-profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will ranqe from 0% to 5%, and will be based on factors includinq: need of th~. organization, the organization's ability to repay, and non- profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 1~ years per Rule Chapter 67-37.005(6)(c) of the Florida Administrative Code. Resale and First Riqht of Refusal for Affordable Housinq will be Riven to Eliqible Sponsors as noted in Section 420.9075 (4/(f) Florida Statues. fo The SHIP funds used in the special needs housing program will be leveraged by several public and private sources. The non-profit agencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. Emergency Home Repair The emergency home repair program offers loans to Iow and very-low income homeowners whose homes need repair to correct' life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. This strategy will be funded for State Fiscal Years 2002, 2003, and 2004. All recipients in this program must be Iow or very-low income. do Applications will be taken on a first-come/first served basis. Loans will be given to only Iow and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All units assisted must have life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. fo In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. 16 bo Urban Infill- New Construction ao The Urban Infill- New Construction program will provide loans to very-low income home buyers to build new homes in targeted areas of the county. Loans may be used for land acquisition, construction, clearing title, demolition, and debris removal. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. This program will be available to only very-low and Iow income homebuyers, with priority Riven to ve _ry-low incom~.. Applications will be taken on a first-come/first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The home to be purchased must be located within a target urban infill area of Collier County, FL. · The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. · The applicant must be very-low income. · The applicant must be able to obtain clear title to the property, maintain homeowner's insurance, and pay property taxes on the new home. · A maximum of 10 loans per fiscal year may be made through this program. All urban infill new construction loans will be secured by first mortgages placed on the property. The Loans will be (:liven at 0% interest. Payments will be accepted monthly until thc, property No ....... + ,.,m ~ ...... ;,,-,,4 ,,~,+;~ +~, · t"'"')' .... , ........... '-1'-',, '-' ........... i'" ' '-' I-' '-', ,.)' JS sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. SHIP funds used in the urban infill- new construction program may be leveraged by several other SHIP strategies including impact fee relief and demolition with new construction, State and federal grants may also be used as leverage to acquire lots. 10. Urban Infill- Neighborhood Blight The Urban Infill- Neighborhood Blight program provides loans to non-profit housing providers to acquire land or existing housing units in targeted blighted areas of the County. The non-profit housing provider may then rehabilitate the units and offer them for sale or rent to Iow or very-low income persons. This program will be funded during State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary of must be Iow or very-low income. A non-profit housing provider wishing to receive Urban Infill- Neighborhood Blight funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · A maximum of 10 loans per fiscal year may be made through this program. Urban Infill- Neighborhood Blight funds will be made available by loans secured by a first mortgage placed on the property acquired. The interest rate on loans will ranqe from 0% to 5%, and will be based on factors includinq: need of the organization, the organization's ability to repay, and non- profit or profit status of the orqanization. Loans will be given for a maximum term of 20 years. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c} of the Florida Adm/n/strative Code. Resale and First Riqht of Refusal for fo Affordable Housinq will be given to Eligible Sponsors as noted in Section 420.9075 (4)(f) F/or/da Statues. SHIP funds used in the urban infili neighborhood- b,!i~ht program may be leveraged by several other SHIP strategies including Impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire properties. Vi. B. Housing Incentive Strategies 1. Expedited Processing of Permits for Affordable Housing Projects. Collier County Ordinance No. 89-39 adopted July 18, 1989 speeds the rezone, approval, and permitting of developments for affordable housing. 2. Process of Ongoing Review The executive summary system used by the Collier County Board of County Commissioners serves as a process for on going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which may be reviewed as to its effect on affordable housing. TIMELINES A. See attachment 2, "Timetables 2002, 2003, & 2004% B. See attachment 3, "Housing Delivery Goals Chart 2002, 2003, 2004". AFFORDABILITY A. Homeownership Income limits are provided by HUD, distributed by the Florida Housing Finance Corporation, and will be adjusted annually without further approval by the City, County, or State required. Very-low income is defined as total household income that does not exceed 50% of area median income, Iow income is defined as total household income above 50% of median not to exceed 80% of median, and moderate income is defined as total household income above 80% but not to exceeding 120% of median income. Monthly housing debt, including taxes and insurance, should not exceed 30% of total monthly household income, unless the institutional first mortgage lender approves a higher monthly debt it monthly income ratio. For acquisition activities the purchase price of a nc:¥!y constructed home may not exceed ¢~r~ ,~c o~,,4 ,,v;,.+;,,,,,~'~'"'""°,...,,,~... .... .... ~ not ~,.,,,,~.,.,,,4 $! I,,,,_,,~ Q o~,~. the maximum allowable limit for Collier County set by the Florida Housinq Finance Corporation. 2O B. Rental Vii. VIII. 1. Rental rates may not exceed those published and updated annually by the Florida Housing Finance Corporation. ADVERTISING AND OUTREACH At least 30 days prior to availability of funds Collier' County will advertise availability of SHIP Funds in The Nap/es Da//y News, the newspaper of greatest circulation in Collier County. The Collier County Housing and Urban Improvement Department may also, depending upon the program, use additional outreach efforts, including brochures, additional advertising, or direct mail. ADMINISTRATIVE EXPENSES Ao The responsible entity for administration of this program is the Collier County Housing and Urban Improvement Department. The HUI Director shall have the authority to fully administer the SHIP program within the constraints of this plan. B. The Collier County Housing and Urban Improvement Department will use 10% of the SHIP funds for the administration of the program. C. Breakdown of the administrative budget for the Collier County SHIP program State Fiscal Years 2002- 2004, FY2002 FY2003 FY2004 Salaries & Benefits $118,500 $118,500 $118,500 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 $ 2,500 Legal Services $ 4,000 $ 4,000 $ 4,000 Advertising $ 500 $ 500 $ 500 Professional Services $ 35,690 $ 35,690 $ 35,690 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $189,190 $189,191 $189,190 D. Consultants will not be used for the administration of the SHIP Program. iFF IX. CERTIFICATION PAGE A. See attachment 4, "Original Certification Page". SIGNED RESOLUTION A. See attachment 5, "Collier County Resolution No. 2001- i?F Attachment l Collier County Local Housing Assistance P/an FY 2002, 2003, and 2003 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this ~ day of April, 2001 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ("City"): WHEREAS, Initiatives Partnership Act .... SHIP"), authorizes monies in the Local Housing Trust Fund (the "Fund") to be distributed to the County municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal A~eement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs. WITNESSETH: Section 420.9072 (4), Florida Statutes, (the "State Housing Government and eligible NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 9.28% County 90.72% For Fisc. al Year, 2002-03 the State allocated 9.28% of the SHIP funds to the City and 90.72% to the County. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2001 SH]I) program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing AssistanCe Area as defined in the July 1994 Interlocal Agreement adopted, by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this~ day of April, 2001 shall expire on the 30th day of June, 2004, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The monies distributed will be deposited in the below listed Depository Account or Accounts: First National Bank of Naples, Account Number 113-8577 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account in maintained for the parties hereto they agree to pay their pro-rata share of the cost of an audit based on the same percentage as the SHIP program allocation distribution schedule. 5. Provided this Interlocal Agreement remain effective between the City and the County, both part/es agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 6. The parties to this Agreement understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensuring that the requirements and spirit of the statute are satisfied. 7. The parties to this Agreement recognize the contributions of the joint City/ County Affordable Housing Commission (AHC) and agree to appoint AHC members to the Affordable Housing Advisory committee. The County's Housing and Urban Improvement office will be responsible for the overall administration of the programs assisted with SHIP funds and shall receive administration monies from the SHIP allocation. Said administration allocation shall not exceed 10% of the total SHIP allocation in accordance with 420.9075 (6) and County Resolution 2001- The County will establish, administer, and audit a Local Housing Assistance Trust Fund in accordance with Ordinance No. 93-19, as amended and SHII~ requirements. In addition, the County will submit the required annual report on behalf of the interlocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County which are parties to this Interlocal Agreement believe that the intent of the parties as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year. If the parties are unable to so renegotiate the terms and provisions of this Interlocal Agreement prior to the commencement of the next fiscal 4 o such party's Corporation. 10. For all purposes of this Interlocal Agreement" shall mean this Interlocal Agreement. 11. Both parties acknowledge the SHIP year, the noticing party shall cease to be party to this Interlocal Agreement and this Interlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. If either party shall cease to be eligible for allocation and distribution, allocation of the funds shall remain in the Fund to be used by the Agreement, the term "Interlocal enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93- 19, as amended, which creates the Collier County Housing Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be ';e~x~t~ted.::~.~heir duly authorized officials. -,. ~,. ~.f'(.~. 2LERK Signature on15. A??ROVED AS TO FOP~V[ ~2qD ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA DATED: /-,/- l ~' - O I ATTEST: TARA A. NORMAN, CITY CLERK CITY OF NAPLES, a municipal corporation B..ONNIE R. MACKENZIe, IV~R APPR. OVED AS TO FORM.~nND LEGAL SUFF~ . BEVERLY GRAI~ , CITY(~TORNEY 6 17F 16/11 RESOLUTION NO. 2001- 130 RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2001-2002, 2002-2003, AND 2003-2004 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSINO FINANCE CORPORATION FOR REVIEW AND APPROVAL; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; APPROVING THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES; AND APPROVING THE EFFECTIVE DATES. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, Chapter 91-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County Florida enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier County Local Housing Assistance Plan; and WHEREAS, through Resolution No. 93-159 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 1992-1993, 1993-1994, and 1994-1995; and Page 2 Certification (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. ]3) An interlocal entity, shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LII-ITC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements.. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. Rental Units constructed or rehabilitated with SHIP funds shall be monitored at ~[ annually for 15 years for compliance with tenant income requirements and ~:. ~ability requirements. - ~',::',,:.-~'i (%:!. ~:'~. Board of County Commissioners Collier County, Florida A_.~p_._proved as to legal form and sufficiency: Patrick G. White, Assistant County Attorney WHEREAS, though Resolution No. 95-284 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 1995-1996, 1996-1997, and 1997-1998; and WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local governments must develop a new one to three year Local Housing Assistance Plan outlining the local government's use of SHIP Funds; and WHEREAS, the Act also requires the local government to adopt a maximum award schedule, an average cost per unit, and a maximum cost per unit for eligible housing benefiting from SHIP Awards; and WHEREAS, the Act limits the administrative costs of the Local Housing Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of County Commissioners. by this resolution, increases the percentage to a maximum of ten percent (10%); and WHEREAS, it is in the best interest of Collier County to qualify for the SHIP Funds, and all action taken by the County in furtherance of such qualification is for a valid County purpose. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that: I. The Board of County Commissioners hereby approves the Three Year Local Housing Assistance Plan for fiscal years 2001-2002, 2002-2003, and 2003-2004. 2. The maximum award schedule for SHIP Funds under the Local Housing Assistance Program shall be $50,000 per eligible unit. 3. The average cost per unit for eligible housing benefiting from SHIP Awards shall be $80,000. 4. The maximum cost per unit for eligible housing benefiting from awards made pursuant to the SHIP program shall not exceed $118,264 for existing units and $106,365 for newly constructed eligible housing units. 5. The annual administration costs of the Local Housing Assistance Program shall be maintained at ten percent (10%) of the local SHIP allocation. 6. The Chairman of the Board of County Commissioners is authorized to submit the Local Housing Assistance Plane, a copy of which is attached hereto and made part hereof, to the State of Florida Housing Finance Corporation for its review and approval. 7. The Chairman of the Board of County Commissioners is authorized to execute the certifications annexed to the Housing Assistance Plan on behalf of the County. 8. The Chairman of the Board of County Commissioners is hereby authorized to execute the Interlocal Agreement between Collier County and the City of Naples adopting the Parties' implementation of the Local Housing Assistance Plan adopted herein by reference. 9. This Resolution shall take effect immediately upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. ' :' DATED. '*~'~-~-~2 ~--z,, ,~- ~.,/ BOARD OF COUNTY COMMISSIONERS .' . .......: .~;.. ~..~..~. COLLAR COUNTY FLOR~A : : ~ST?..~ .~'., .: ,.. ~ ~ ~" ~..','.. .. ::~ .' ' By: '..,.' ~la~'~.:~'Oc~, Ezfi~ " J~s D.~T~R, ~n.:d~m~ .... ,,,j.~',.',;,b" c.~ROVED AS TO FORM AND LEGAL P,~TRICK G. WHITE ASSISTANT COUNTY ATTORNEY ~Collier County Local Housing Assistance Plan FY 2002, 2003, and 2004 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Collier County (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. 17F ~ o ~' o }_ m ZTF -~I 0o~ ~ o n.- ~TF o o o 0 0 .J ?F 0 :11 COLI,~R CoUNTy HOUSING Atrrl~OmTY PHA PLAN Consolidated Plan One- Year ,4 ction Plan FY 2002-2003 Collier County, Florida 82 U.S. Department of Housing and Urban Development Office of Public and Indian Housing 17F PHA Plans Annual Plan for Fiscal Year 2002 COLLIER COUNTY HOUSING AUTHORITY NOTE: THIS PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE PIH NOTICES PHA Plan Agency Identification PHA Name: Collier County Housing Authority PHA Number: FL 141 PHA Fiscal Year Beginning: Oct. 1, 2002 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 ~] PHA development management offices PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 Display Locations For PHA Plans and Supporting Documents The PHA Plans (including attachments) are available for public inspection at: (select all that apply) [~ Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 PHA development management offices PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 Main administrative office of the local government Main administrative office of the County government Main administrative office of the State government Public library PHA website Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) ~;~ Main business office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 [--1 PHA development management offices [--] Other (list below) Annual PHA Plan PHA Fiscal Year 2002 [24 CFR Part 903.7] i._. Annual Plan Type: Select which type of Annual Plan the PHA will submit. Standard Plan Streamlined Plan: [~] High Performing PHA [--~ Small Agency (<250 Public Housing Units) [~] Administering Section 8 Only [--] Troubled Agency Plan ii. Executive Summary. of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] The Collier County Housing Authority continues to administer the Department of Housing and Urban Development Section 8 Rental Assistance Program. The Housing Authority is now in the third year of the five-year plan. There are no substantial changes from last year's plan. iii. Annual Plan Table of Contents [24 CFR Pan 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection. Table of Contents Annual Plan i. Annual Plan Type ii. Executive Summary iii. Table of Contents 1. Housing Needs 2. Financial Resources 3. Policies on Eligibility, Selection and Admissions 4. Rent Determination Policies 5. Operations and Managemem Policies 6. Grievance Procedures 7. Capital Improvement Needs 8. Demolition and Disposition 9. Designation of Housing 10. Conversions of Public Housing 11. Homeownership 12. Community Service Programs 13. Crime and Safety 14. Pets (Inactive for January 1 PHAs) 15. Civil Rights Certifications (included with PHA Plan Certifications) 16. Audit 17. Asset Management 18. Other Information 19. Attachments Page # 2 2 3 6 12 13 22 26 29 29 31 32 33 34 36 39 41 41 42 42 43 -17F Attachments Required Attachments: NONE [--] Admissions Policy for Deconcentration ['--] FY 2000 Capital Fund Program Annual Statement ['-] Most recent board-approved operating budget (Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: ['-] PHA Management Organizational Chart [-] FY 2000 Capital Fund Program 5 Year Action Plan I--] Public Housing Drug Elimination Program (PHDEP) Plan [-'l Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) ["'] Other (List below, providing each attachment name) Supporting Documents Available for Review Indicate which documents are available for public review by placing a mark in the "Applicable & On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display XX PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans and Related Re~m!latian.~ XX State/I_xx:al Government Certification of Consistency with 5 Year and Annual Plans the Consoli_daa!ed Plan XX Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or, is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. XX Consolidated Plan for the jurisdiction/s in which the PHA is Annual Plan: located (which includes the Analysis of Impediments to Fair Housing Needs Housing Choice (AI))) and any additional backup data to support statement of housing needs in the jurisdiction NA Most recent board-approved operating budget for the public Annual Plan: housing program Financial Resources; NA Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility, Policy (A&O), which includes the Tenant Selection and Selection, and Admissions Assignment Plan [TSAP] Policies XX Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display Policies NA Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection, and Admissions 1. PI-IA board certifications of compliance with Policies deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Documentation of the required deconcentration and income mixing analysis NA Public housing rent determination policies, including the Annual Plan: Rent methodology for setting public housing flat rents Determination [~] check here if included in the public housing A & O Policy NA Schedule of flat rents offered at each public housing Annual Plan: Rent development Determination [---] check here if included in the public housing A & O Policy XX Section 8 rent determination (payment standard) policies Annual Plan: Rent [] check here if included in Section 8 Determination Administrative Plan NA Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or and Maintenance eradication of pest infestation (including cockroach infestation) NA Public housing grievance procedures Annual Plan: Grievance [] check here if included in the public housing Procedures A & O Policy XX Section 8 informal review and hearing procedures Annual Plan: Grievance [5~ check here if included in Section 8 Procedures Administrative Plan NA The HUD-approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs Program Annual Statement (HUD 52837) for the active grant year NA Most recent CIAP Budget/progress Report (HUD 52825) for Annual Plan: Capital Needs any active CIAP grant NA Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs Fund/Comprehensive Grant Program, if not included as an attachment (provided at PI-IA option) NA Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs approved or submitted HOPE VI Revitalization Plans or any other approved proposal for development of public housing NA Approved or submitted applications for demolition and/or Annual Plan: Demolition disposition of public housing and Disposition NA Approved or submitted applications for designation of Annual Plan: Designation of public housing (Designated Housing Plans) Public Housing NA Approved or submitted assessments of reasonable Annual Plan: Conversion of List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display revitalization of public housing and approved or submitted Public Housing conversion plans prepared pursuant to section 202 of the 1996 HUD Appropriations Act NA Approved or submitted public housing homeownership Annual Plan: program s/plan.~ Homeownership NA Policies governing any Section 8 Homeownership program Annual Plan: [] check here if included in the Section 8 Homeownership Administrative Plan NA Any cooperative agreement between the PHA and the TANF Annual Plan: Community agency Service & Serf-Sufficiency XX FSS Action Plarffs for public housing and/or Section 8 Annual Plan: Community Service & Self-Sufficiency XX Most recent serf-sufficiency (ED/SS, TOP or ROSS or other Annual Plan: Community resident services giant) grant program reports Service & Self-Sufficiency NA The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDEP) semi-annual performance report for any open Crime Prevention grant and most recently submitted PHDEP application (PHDEP Plan) XX The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), the results of that audit and the PHA's response to any findings NA Troubled PHAs: MOA/Recovery Plan Troubled PHAs NA Other supporting documents (optional) (specify as needed) (list individually; use as many lines as necessary) 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA Based upon the information contained in the Consolidated Plan/s applicable to the jurisdiction, and/or other data available to the PHA, provide a statement of the housing needs in the jurisdiction by completing the following table. In the "Overall" Needs column, provide the estimated number of renter families that have housing needs. For the remaining characteristics, rate the impact of that factor on the housing needs for each family type, from 1 to 5, with 1 being "no impact" and 5 being "severe impact." Use N/A to indicate that no information is available upon which the PHA can make this assessment. Housing Needs of Families in the Jurisdiction by Family Type Family Type O~all Afford- Supply Quality Accessi Size Location ability bility Income <= 30% 2,576 5 5 4 1 3 3 of AMI Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- Supply Quality Accessi Size Location ability bility Income >30% but 2,353 5 5 4 1 4 2 <=50% of AMI Income >50% but 3,975 3 4 2 1 2 2 <80% of AMI Elderly 1,571 3 3 2 2 1 1 Families with Disabilities Race/Ethnicity 1,285 4 4 3 1 2 1 White-Non Hisp. Race/Ethnicity 68 4 4 3 1 3 2 Black-Non Hisp. Race/Ethnicity 212 5 5 4 1 5 2 Hispanic Race/Ethnicity What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) Consolidated Plan of the Jurisdiction/s Indicate year: 1995 U.S. Census data: the Comprehensive Housing Affordability Strategy ("CHAS") dataset American Housing Survey data Indicate year: Other housing market study Indicate year: Other sources: (list and indicate year of information) B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the families on the PHA's waiting list/s. Complete one table for each type of PHA-wide waiting list administered by the PHA. PHAs may provide separate tables for site- based or sub-jurisdictional public housing waiting lists at their option. Housing Needs of Families on the Waiting List 17F Housing Needs of Families on the Waiting List Waiting list type: (select one) [~ Section 8 tenant-based assistance [-'-I Public Housing [--I Combined Section 8 and Public Housing [-'] Public Housing Site-Based or sub-jurisdictional waiting list (optional) If used, identify which development/subjurisdiction: # of families % of total families Annual Turnover Waiting list total 98 54 Extremely low income <=30% AMI Very low income 79 81% (>30% but <=50% Am) Low income 47 19% (>50% but <80% Am) Families with 55 56% children ~ families I / Families with 30 31% Disabilities Race/ethnicity White 64 65% Race/ethnicity Black 34 35% Race/ethnicity 30 31% Hispanic Race/ethnicity 68 69% (Non Hispanic) Characteristics by Bedroom Size (Public Housing O~y) 1BR 51 52% 2 BR 25 26% 3 BR 17 17% 4 BR 5 5% 5 BR 5+ BR Is the waiting list closed (select one)? [ [ No [~ Yes Applications are taken once per year during the month of December. Housing Needs of Families on the Waiting List If yes: How long has it been closed (It of months)? 12 months Does the PHA expect to reopen the list in the PHA Plan year? [] No ]~Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? I~] No ['~ Yes C. Strategy for Addressing Needs Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list IN THE UPCOMING YEAR, and the Agency's reasons for choosing this strategy. (1) Strategies Need: Shortage of affordable housing for ali eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources by: Select all that apply Employ effective maintenance and management policies to minimize the number of public housing units off-line Reduce turnover time for vacated public housing units Reduce time to renovate public housing units Seek replacement of public housing units lost to the inventory through mixed finance development Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources Maintain or increase section 8 lease-up rates by establishing payment standards that will enable families to rent throughout the jurisdiction Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required Maintain or increase section 8 lease-up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration Maintain or increase section 8 lease-up rates by effectively screening Section 8 applicants to increase owner acceptance of program Participate in the Consolidated Plan development process to ensure coordination with broader community strategies Other (list below) Strategy 2: Increase the number of affordable housing units by: Select all that apply Apply for additional section 8 units should they become available I-] Leverage affordable housing resources in the community through the creation of mixed - finance housing [~ Pursue housing resources other than public housing or Section 8 tenant-based assistance. FI Other: (list below) Need: Specific Family Types: Families at or below 30% of median Strategy 1: Target available assistance to families at or below 30 % of AMI (Not Applicable) Select all that apply Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant-based section 8 assistance Employ admissions preferences aimed at families with economic hardships Adopt rent policies to support and encourage work Other: (list below) Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI (Not Applicable) Select all that apply Employ admissions preferences aimed at families who are working Adopt rent policies to support and encourage work Other: (list below) Need: Specific Family Types: The Elderly Strategy 1: Target available assistance to the elderly: Select all that apply Seek designation of public housing for the elderly Apply for special-purpose vouchers targeted to the elderly, should they become available Other: (list below) Need: Specific Family Types: Families with Disabilities Strategy 1: Target available assistance to Families with Disabilities: Select all that apply Seek designation of public housing for families with disabilities Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing Apply for special-purpose vouchers targeted to families with disabilities, should they become available Affirmatively market to local non-profit agencies that assist families with disabilities Other: (list below) Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethnicities with disproportionate needs: Select if applicable Affirmatively market to races/ethnicities shown to have disproportionate housing needs Other: (list below) Strategy 2: Conduct activities to affirmatively further fair housing Select all that apply Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units Market the section 8 program to owners outside of areas of poverty/minority concentrations Other: 0ist below) Other Housing Needs & Strategies: (list needs and strategies below) (2) Reasons for Selecting Stratel~ies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: Funding constraints Staffing constraints Limited availability of sites for assisted housing Extent to which particular housing needs are met by other organizations in the community Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA 0 Influence of the housing market on PHA programs Community priorities regarding housing assistance Results of consultation with local or state government Results of consultation with residents and the Resident Advisory Board Results of consultation with advocacy groups Other: (list below) .2. Statement of Financial Resources [24 CFR Part 903.7 9 (b)] List the financial resources that are anticipated to be available to the PHA for the support of Federal public housing and tenant-based Section 8 assistance programs administered by the PI-IA during the Plan year. Note: the table assumes that Federal public housing or tenant based Section 8 assistance grant funds are expended on eligible purposes; therefore, uses of these funds need not be state~ For other funds, indicate the use for those funds as one of the following categories: public housing operations, public housing capital improvements, public housing safety/security, public housing supportive services, Section 8 tenant-based assistance, Section 8 supportive services or other. Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants (FY 2000 grants) a) Public Housing Operating Fund b) Public Housin~ Capital Fund c) HOPE VI Revitalization d) HOPE VI Demolition e) Annual Contributions for Section $3,045,746(Vouchers) 8 Tenant-Based Assistance $15,600 (Mod Rehab) f) Public Housing Drug Elimination Program (including any Technical Assistance funds) g) Resident Opportunity and Self- Sufficiency Grants h) Community Development Block Grant i) HOME Other Federal Grants (list below) 2. Prior Year Federal Grants (unobligated funds only) (list below) Family Self Sufficiency '1 7F , Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 3. Public Housing Dwelling Rental Income 4. Other income (list below) 4. Non-federal sources (list below) Total resources $3,061,346 3. PHA Policies Governing Eligibility, Selection~ and Admissions [24 CFR Part 903.7 9 (c)] A. Public Housing NOT APPLICABLE Exemptions: PHAs that do not administer public housing are not required to complete subcomponent 3A. (1) Eiieibilit-y a. When does the PHA verify eligibility for admission to public housing? (select all that apply) J---] When families are within a certain number of being offered a unit: (state number) ~] when families are within a certain time of being offered a unit: (state time) ['--] Other: (describe) b. Which non-income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? ['-] Criminal or Drug-related activity E~] Rental history [--] Housekeeping J--] Other (describe) c. [--] Yes [-] No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? d. [--] Yes [--] No: e. ["-] Yes [-'] No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) (2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) [--] Community-wide list [--] Sub-jurisdictional lists [--[ Site-based waiting lists ~] Other (describe) b. Where may interested persons apply for admission to public housing? ['-] PHA main administrative office ['-'] PHA development site management office [--] Other (list below) c. If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How many site-based waiting lists will the PHA operate in the coming year? Yes [-'] No: Are any or all of the PHA's site-based waiting lists new for the upcoming year (that is, they are not part ora previously-HUD- approved site based waiting list plan)? If yes, how many lists? 3. [--] Yes [] No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site-based waiting lists (select all that apply)? PHA main administrative office All PHA development management offices Management offices at developments with site-based waiting lists At the development to which they would like to apply Other (list below) (3) Assignment 3.7F ti a. How many vacant trait choices are applicants ordinarily given before they fall to the bottom of or are removed fi.om the waiting list? (select one) 1--] One [-'] Two [--] Three or More b. [--] Yes ~1 No: Is this policy consistent across all waiting list types? c. If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: (4) Admissions Preferences a. Income targeting: [~ Yes [--1 No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) ~] Emergencies Overhoused Underhoused Medical justification Administrative reasons determined by the PHA (e.g., to permit modernization work) Resident choice: (state circumstances below) Other: (list below) c. Preferences 1. [---] Yes [--'[ No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If"no" is selected, skip to subsection (5) Occupancy) Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden (rent is > 50 percent of income) Other preferences: (select below) Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in the jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) [--'] Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in the jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 4. Relationship of preferences to income targeting requirements: [~ The PHA applies preferences within income tiers Not applicable: the pool of applicant famih'es ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) [--] The PHA-resident lease ~] The PHA's Admissions and (Continued) Occupancy policy ~] PHA briefing seminars or written materials [--] Other source (list) b. How often must residents notify the PHA of changes in family composition? (select all that apply) ~] At an annual reexamination and lease renewal [] Any time family composition changes ['-] At family request for revision [-'] Other (list) (6) Deconcentration and Income Mixin~ a. ~ Yes [~ No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or income mixing? b. [~] Yes No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) Adoption of site-based waiting lists If selected, list targeted developments below: Employing waiting list "skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: Employing new admission preferences at targeted developments If selected, list targeted developments below: Other (list policies and developments targeted below) d. ['--] Yes I--] No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) Additional affirmative marketing Actions to improve the marketability of certain developments Adoption or adjustment of ceiling rents for certain developments Adoption of rent incentives to encourage deconcentration of poverty and income-mixing Other (list below) f. Based on the results of the required analysis, in which developments will the PHA make special efforts to attract or retain higher-income families? (select all that apply) [--] Not applicable: results of analysis did not indicate a need for such efforts ['-] List (any applicable) developments below: g. Based on the results of the required analysis, in which developments will the PHA make special efforts to assure access for lower-income families? (select all that apply) [--] Not applicable: results of analysis did not indicate a need for such efforts [-'] List (any applicable) developments below: B. Section 8 Exemptions: PHAs that do not administer section 8 are not required to complete sub-component 3B. Unless otherwise specified, ali questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). il) Eliuibility a. What is the extent of screening conducted by the PHA? (select all that apply) [5~] Criminal or drug-related activity only to the extent required by law or regulation [-'] Criminal and drug-related activity, more extensively than required by law or regulation [-'1 More general screening than criminal and drug-related activity (list factors below) [-] Other (list below) b. [-] Yes [~] No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? c. [--[ Yes [5~] No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? d. [-'] Yes I~ No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NClC- authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all that apply) Criminal or drug-related activity (Only to the extent this information is adequately documented and known by the CCHA, and only upon request of the landlord) [-] Other (describe below) (2) Waitinu List Organization a. With which of the following program waiting lists is the section 8 tenant-based assistance waking list merged? (select all that apply) [~ None ['-] Federal public housing [] Federal moderate rehabilitation [-"] Federal project-based certificate program [--] Other federal or local program (list below) b. Where may interested persons apply for admission to section 8 tenant-based assistance? (select all that apply) [~ PHA main administrative office Other (list below) Section 8 Office 237 Airport Road South Naples, Florida 34104 (3) Search Time a. [~ Yes [---] No: Does the PHA give extensions on standard 60-day period to search for a unit? If yes, state circumstances below: The housing authority gives two additional 30-day extensions for families who request it and show they have been actively looking. {4) Admissions Preferences a. Income targeting Yes [~ No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. [--] Yes [~ No: Has the PHA established preferences for admission to section 8 tenant-based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) None Former Federal preferences [--] Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden (rent is > 50 percent of income) Other preferences (select all that apply) Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "l" more than once, "2" more than once, etc. 1 Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) [~ Date and time of application [--] Drawing (lottery) or other random choice technique 5. If the PHA plans to employ preferences for "residents who live and/or work in the jurisdiction" (select one) [--] This preference has previously been reviewed and approved by HUD ["-] The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) [--] The PHA applies preferences within income tiers Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Special, Purpose Section 8 Assistance Proerams a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special-purpose section 8 program administered by the PHA contained? (select all that apply) The Section 8 Administrative Plan [] Briefing sessions and written materials [~] Other (list below) b. How does the PHA announce the availability of any special-purpose section 8 programs to the public? [5~] Through published notices I--] Other (list below) 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)] A. Public Housing NOT APPLICABLE Exemptions: PHAs that do not administer public housing are not required to complete sub~omponent 4A. (1) Income Based Rent Policies Describe the PHA's income based rent setting policy/ies for public housing using, including discretionary (that is, not required by statute or regulation) income disregards and exclusions, in the appropriate spaces below. a. Use of discretionary policies: (select one) The PHA will not employ any discretionary rent-setting policies for income based rent in public housing. Income-based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub-component (2)) The PHA employs discretionary policies for determining income based rent (If selected, continue to question b.) b. Minimum Rent 1. What amotmt best reflects the PHA's minimum rent? (select one) U] $0 F3 [--] $26-$50 2. ['-[ Yes [--'] No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rents set at less than 30% than adjusted income 1. [--] Yes ['-] No: Does the PHA plan to charge rents at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percentages charged and the circumstances under which these will be used below: d. Which of the discretionary (optional) deductions and/or exclusions policies does the PHA plan to employ (select all that apply) For the earned income of a previously unemployed household member For increases in earned income Fixed amount (other than general rent-setting policy) If yes, state amount/s and circumstances below: Fixed percentage (other than general rent-setting policy) If yes, state percentage/s and circumstances below: [--] For household heads [--] For other family members [~ For transportation expenses [~] For the non-reimbursed medical expenses of non-disabled or non-elderly families [~] Other (describe below) 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) Yes for all developments Yes but only for some developments No 2. For which kinds of developments are ceiling rents in place? (select all that apply) For all developments For all general occupancy developments (not elderly or disabled or elderly only) For specified general occupancy developments For certain parts of developments; e.g., the high-rise portion For certain size units; e.g., larger bedroom sizes Other (list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) Market comparability study Fair market rents (FMR) 95th percentile rents 75 percent of operating costs 100 percent of operating costs for general occupancy (family) developments Operating costs plus debt service The "rental value" of the unit Other (list below) f. Rent re-determinations: 1. Between income reexaminations, how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) [--] Never ['-] At family option [--] Any time the family experiences an income increase ['"] Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold).__ ['-] Other (list below) g. ['-] Yes [--] No: (2} Flat Rents Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? 1. In setting the market-based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) ['-'] The section 8 rent reasonableness study of comparable housing ['-] Survey of rents listed in local newspaper ~] Survey of similar unassisted units in the neighborhood [~] Other (list/describe below) B. Section 8 Tenant-Based Assistance Exemptions: PHAs that do not administer Section 8 tenant-based assistance are not required to complete sub-component 4B. Unless otherwise specified, all questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). (1) Payment Standards Describe the voucher payment standards and policies. a. What is the PHA's payment standard? (select the category that best describes your standard) [--] At or above 90% but belowl00% of FMR [5~] 100% of FMR [--] Above 100% but at or below 110% of FMR [-"] Above 110% of FMR (if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR, why has the PHA selected this standard? (select all that apply) NOT APPLICABLE [~ FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area The PHA has chosen to serve additional families by lowering the payment standard Reflects market or submarket Other (list below) c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) NOT APPLICABLE [--] FMRs are not adequate to ensure success among assisted families in the PHA's 0 0 0 segment of the FMR area Reflects market or submarket To increase housing options for families Other (list below) d. How often are payment standards reevaluated for adequacy? (select one) ~;~ Annually [--] Other (list below) e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) 15;~] Success rates of assisted families [5~] Rent burdens of assisted families I--'] Other (list below) (2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) [] $0 EO [--] $26-$50 b. ['-] Yes [5~ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5. Operations and Management [24 CFR Part 903.7 9 (e)] Exemptions from Component 5: High performing and small PHAs are not required to complete this section. Section 8 only PHAs must complete parts A, B, and C(2) A. PHA Management Structure Describe the PHA's management structure and organization. (select one) ~] An organization chart showing the PHA's management structure and organization is attached. A brief description of the management structure and organization of the PHA follows: CCHA Board of Commissioners Executive Director Soc. Sv¢. Coordinator Inspector IOcc. Specialist Maint. Worker I -~ Maint. Worker Maint. Worker I Resident Mgr. Accounts Receivable ISection 8 Coordinator Fi!cai ~ Coordinator i Asst. Sec. 8 Coord. Interviewer Maint. Worker 17F "i! B. HUD Programs Under PHA Management List Federal programs administered by the PHA, number of families served at the beginning of the upcoming fiscal year, and expected turnover in each. (Use "NA" to indicate that the PHA does not operate any of the programs listed below.) Program Name Units or Families Expected Served at Year Turnover Beginning Public Housint~ Section 8 Vouchers 429 54 Section 8 Certificates Section 8 Mod Rehab 4 1 Special Purpose Section 8 Certificates/Vouchers (list individually) Public Housing Drug Elimination Program (PHDEP) Other Federal Programs(list individually) Farmers Home Admin 641 91 C. Management and Maintenance Policies List the PI-IA's public housing management and maintenance policy documents, manuals and handbooks that contain the Agency's rules, standards, and policies that govern maintenance and management of public housing, including a description of any measures necessary for the prevention or eradication of pest infestation (which includes cockroach infestation) and thc policies governing Section 8 management. (1) Public Housing Maintenance and Management: (list below) NOT APPLICABLE (2) Section 8 Management: (list below) Section 8 Administrative Plan HAP Contract Briefing Materials 6. PHA Grievance Procedures [24 CFR Part 903.7 9 (f)] Exemptions from component 6: High performing PHAs are not required to complete component 6. Section 8-Only PHAs are exempt from mb-component 6A. A. Public Housing NOT APPLICABLE 1. [-] Yes [-] No: Has the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PI-IA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) [--] PHA main administrative office [-] PHA development management offices ~] Other (list below) B. Section 8 Tenant-Based Assistance 1. ['-] Yes [5~ No: Has the PHA established informal review procedures for applicants to the Section 8 tenant-based assistance program and informal heating procedures for families assisted by the Section 8 tenant- based assistance program in addition to federal requirements found at 24 CFR 982? If yes, list additions to federal requirements below: 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) [5~ PHA Main Office (1800 Farm Worker Way, Immokalee, FL) [] Other (list below): PHA Section 8 office located at 237 Airport Road South, Naples, FL 7. Capital Improvement Needs NOT APPLICABLE [24 cFR Part 903.7 9 (g)] Exemptions from Component 7: Section 8 only PHAs are not required to complete this component and may skip to Component 8. A. Capital Fund Activities Exemptions from sub-component 7A: PI-lAs that will not participate in the Capital Fund Program may skip to component 71t. All other PHAs must complete 7A as instructed. (1) Capital Fund Program Annual Statement Using parts I, II, and III of the Annual Statement for the Capital Fund Program (CFP), identify capital activities the PHA is proposing for the upcoming year to ensure long-term physical and social viability of its public housing developments. This statement can be completed by using the CFP Annual Statement tables provided in the table library at the end of the PI-IA Plan template OR, at the PHA's option, by completing and attaching a properly updated HUD-52837. Select one: [-'-] The Capital Fund Program Annual Statement is provided as an attachment to the PHA Plan at Attachment (state name) -or- The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) (2) Optional 5-Year Action Plan Agencies are encouraged to include a 5-Year Action Plan covering capital work items. This statement can be completed by using the 5 Year Action Plan table provided in the table library at the end of the PHA Plan template OR by completing and attaching a properly updated HUD-52834. a. [~ Yes [---] No: Is the PI-IA providing an optional 5-Year Action Plan for the Capital Fund? (if no, skip to sub-component 7B) b. If yes to question a, select one: [--1 The Capital Fund Program 5-Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- The Capital Fund Program 5-Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non-Capital Fund) Applicability of sub-component 713: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. [--] Yes ['-] No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) ~-] Yes [~] No: 1. Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) Revitalization Plan under development Revitalization Plan submitted, pending approval Revitalization Plan approved Activities pursuant to an approved Revitalization Plan underway c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name/s below: [-'-] Yes ['-] No: d) Will the PHA be engaging in any mixed-finance development activities for public housing in the Plan year? If yes, list developments or activities below: [-'] Yes ['-] No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 8. Demolition and Disposition NOT APPLICABLE [24 CFR Part 903.7 9 (h)] Applicability of component 8: Section 8 only PHAs are not required to complete this section. 1. I--'] Yes ~l No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If"No", skip to component 9; if"yes", complete one activity description for each development.) 2. Activity Description [--] Yes [-'-] No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If "yes", skip to component 9. If "No", complete the Activity Description table below.) Demolition/Disposition Activit}, Description la. Development name: lb. Development (project) number: 2. Activity type: Demolition I'-] Disposition [--I 3. Application status (select one) Approved [-] Submitted, pending approval Planned application [--] 4. Date application approved, submitted, or planned for submission: 5. Number of units affected: 6. Coverage of action (select one) ["-] Part of the development ~] Total development (DD/MM/YY) Timeline for activity: a. Actual or projected start date of activity: b. Proiected end date of activity: 9. Desi~_n_ation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderly Families and Families with Disabilities NOT APPLICABLE [24 CFR Part 903.7 9 (i)] Exemptions from Component 9; Section 8 only PHAs are not required to complete this section. 1. [-'1 Yes [-] No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e) in the upcoming fiscal year? (If"No", skip to component 10. If"yes", complete one activity description for each development, unless the PHA is eligible to complete a streamlined submission; PHAs completing streamlined submissions may skip to component 10.) Activity Description Yes [--I No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If"yes", skip to component 10. If "No", complete the Activity Description table below. Designation of Public Housing Activity' Description 1 a. Development name: lb. Development (project) number: 2. Designation type: Occupancy by only the elderly [~] Occupancy by families with disabilities [-] Occupancy by only elderly families and families with disabilities 3. Application status (select one) Approved; included in the PHA's Designation Plan [--] Submitted, pending approval [-] Planned application 4. Date this designation approved, submitted, or planned for submission: (DD/MM/YY) 5. If approved, will this designation constitute a (select one) [~] New Designation Plan ['-] Revision of a previously-approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) [--] Part of the development ['--] Total development 10. Conversion of Public Housing to Tenant-Based Assistance NOT APPLICABLE [24 CFR Part 903.7 9 0)l Exemptions from Component 10; Section 8 only PHAs are not required to complete this section. A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. ["] Yes [-'] No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If"No", skip to component 11; if"yes", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11.) 2. Activity Description [--] Yes [-] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If"yes", skip to component 11. If ''No", complete the Activity Description table below. Conversion of Public Housing Activity Description la. Development name: lb. Development (project) number: 2. What is the status of the required assessment? ['-] Assessment underway [~] Assessment results submitted to HUD [--1 Assessment results approved by HUD (if marked, proceed to next question) [~] Other (explain below) 3. [--I Yes ["-I No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) 4. Status of Conversion Plan (select the statement that best describes the current status) Conversion Plan in development Conversion Plan submitted to HUD on: (DD/MM/YYYY) Conversion Plan approved by HUD on: (DD/MMIYYYY) Activities pursuant to HUD-approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) [~] Units addressed in a pending or approved demolition application (date submitted or approved: [--] Units addressed in a pending or approved HOPE VI demolition application (date submitted or approved: ) [--I Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) [--'1 Requirements no longer applicable: vacancy rates are less than 10 percent [--] Requirements no longer applicable: site now has less than 300 units [-'] Other: (describe below) B. Reserved for Conversions pursuantto Section 22 ofthe U.S. HousingAct of 1937 C. Reserved for Conversions pursuantto Section 33 ofthe U.S. HousingAct of 1937 11. Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] A. Public }lousing NOT APPLICABLE Exemptions from Component 1 lA: Section 8 only PHAs are not required to complete 1 IA. 1. [--] Yes [-] No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the 1 7F U.S. Housing Act of 1937 (42 U.S.C. 1437z-4). (If"No", skip to component 11 B; if"yes", complete one activity description for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 1 lB.) 2. Activity Description [--] Yes [--] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If"yes", skip to component 12. If "No", complete the Activity Description table below.) Public Housing Homeownership Activity Description (Complete one for each development affected) la. Development name: lb. Development (project) number: 2. Federal Program authority: [--] HOPE I [--] 5(h) [--] Turnkey III [~ Section 32 of the USHA of 1937 (effective 10/1/99) 3. Application status: (select one) [--[ Approved; included in the PHA's Homeownership Plan/Program [~] Submitted, pending approval [--] Planned application 4. Date Homeownership Plan/Program approved, submitted, or planned for submission: ~DD/MM/YYYY) 5. Number of units affected: 6. Coverage of action: (select one) [--] Part of the development 1--] Total development B. Section 8 Tenant Based Assistance 1. [] Yes [~ No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If"No", skip to component 12; if"yes", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PHAs may skip to component 12.) 2. Program Description: a. Size of Program ['-I Yes [-'-] No: NOT APPLICABLE Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, which statement best describes the number of participants? (select one) ['-1 25 or fewer participants 1-'] 26 - 50 participants [--] 51 to 100 participants 1--] more than 1 O0 participants b. PHA-established eligibility criteria NOT APPLICABLE [--1 Yes [--] No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12. PHA Communi~, Service and Self-sufficiency Programs [24 CFR Part 903.7 9 (1)] Exemptions from Component 12: High performing and small PHAs are not required to complete this component. Section 8-Only PHAs are not required to complete mb-component C. Ae PHA Coordination with the Welfare (TANF) Agency Cooperative agreements: Yes [~ No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)? If yes, what was the date that agreement was signed? DD/MM/YY 2. Other coordination efforts between the PHA and TANF agency (select all that apply) [] Client referrals [~ Information sharing regarding mutual clients (for rent determinations and otherwise) [~] Coordinate the provision of specific social and self-sufficiency services and programs to eligible families [~] Jointly administer programs ["'] Partner to administer a HUD Welfare-to-Work voucher program ['-] Joint administration of other demonstration program [-"] Other (describe) B. Services and programs offered to residents and participants (1) General a. Self-Sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self-sufficiency of assisted families in the following areas? (select all that apply) 1--] Public housing rent determination policies Public housing admissions policies Section 8 admissions policies Preference in admission to section 8 for certain public housing families Preferences for families working or engaging in training or education programs for non-housing programs operated or coordinated by the PHA Preference/eligibility for public housing homeownership option participation Preference/eligibility for section 8 homeownership option participation Other policies (list below) b. Economic and Social self-sufficiency programs Yes [--] No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self- sufficiency of residents? (If "yes", complete the following table; if "no" skip to sub-component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) Services and Programs Program Name & Description Estimated Allocation Access Eligibility (including location, if Size Method (development office / (public housing or appropriate) (waiting PI-IA main office / section 8 SEE INFORMATION ON THE list/random other provider name) participants or FSS PROGRAM BELOW selection/specific both) criteria/other) Job Training Limited Random - Work Force Council Open Poverty Income Guidelines Vocational Rehabilitation Unlimited Disability State of Florida Open Welfare Assistance Unlimited Random - Dept. Children & Open Poverty Family Guidelines Financial Counseling Random Consumer Credit Open Counseling of S~ · ~" Florida Affordable Childcare Limited Waiting List Childcare of SW Open Florida Pregnancy Prevention Unlimited Random Planned Parenthood Open Supportive Services and Referral Unlimited Random Collier County Social Open Services Adult Literacy Unlimited Random Adult Comm. Open Education Enrichment and Esteem Building Limited Random - Prefer American Assoc. Univ. Open Winners Women Symposium Participants Vocational Education and Job Unlimited Random Lorenzo Walker VO- Open Skills Training TECH Vocational Education and Job Unlimited Random - Edison Community Open HS/GED min. College Skills Training criteria Cash Assistance, Food Stamps, Unlimited State of Florida Wages Open Medicaid Family Counseling Unlimited Random First Assembly of God Open (counseling) Education Unlimited Random University of Florida- Open Ext. Service Legal Advice and Representation Unlimited Selection Criteria Legal Aid Society of Open - Issues SW Florida pertaining to child custody, child support, and divorce. (2) Family Self Sufficiency program/s Participation Description Program Public Housing Section 8 Family Self Sufficiency (FSS) Participation Required Number of Participants Actual Number of Participants (start of FY 2000 Estimate) (As of: 8/30/02) 25 2 b. [~ Yes [] No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: C. Welfare Benefit Reductions 1. The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 1937 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) ['-] Adopting appropriate changes to the PHA's public housing rent determination policies and train staffto carry out those policies [~ Informing residents of new policy on admission and reexamination I--] Actively notifying residents of new policy at times in addition to admission and reexamination. [-'] Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services ~] Establishing a protocol for exchange of information with all appropriate TANF agencies ~] Other: (list below) I the U.S. Housing Act of 1937 D. Reserved for Community Service Requirement pursuant to section 12(c) of NOT APPLICABLE 13. PHA Safety and Crime Prevention Measures NOT APPLICABLE [24 CFR Part 903.7 9 (m)] Exemptions from Component 13: High performing and small PHAs not participating in PHDEP and Section 8 Only PHAs may skip to component 15. High Performing and small PHAs that are participating in PHDEP and are submitting a PHDEP Plan with this PHA Plan may skip to sub- component D. A. Need for measures to ensure the safety of public housing residents 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) [--] High incidence of violent and/or drag-related crime in some or all of the PHA's developments ['-] High incidence of violent and/or drug-related crime in the areas surrounding or adjacent to the PHA's developments [-] Residents fearful for their safety and/or the safety of their children ~] Observed lower-level crime, vandalism and/or graffiti {--] People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and/or drug-related crime [-] Other (describe below) 2. What information or data did the PHA used to determine the need for PHA actions to improve safety of residents (select all that apply). Safety and security survey of residents Analysis of crime statistics over time for crimes committed "in and around" public housing authority Analysis of cost trends over time for repair of vandalism and removal of graffiti Resident reports PHA employee reports Police reports Demonstrable, quantifiable success with previous or ongoing anticrime/anti drug programs Other (describe below) 3. Which developments are most affected? (list below) B. Crime and Drug Prevention activities the PHA has undertaken or plans to undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all that apply) [--] Contracting with outside and/or resident organizations for the provision of crime- and/or drug-prevention activities Crime Prevention Through Environmental Design Activities targeted to at-risk youth, adults, or seniors Volunteer Resident Patrol/Block Watchers Program Other (describe below) 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) Police involvement in development, implementation, and/or ongoing evaluation of drug-elimination plan Police provide crime data to housing authority staff for analysis and action Police have established a physical presence on housing authority property (e.g., community policing office, officer in residence) Police regularly testify in and otherwise support eviction cases Police regularly meet with the PHA management and residents Agreement between PHA and local law enforcement agency for provision of above-baseline law enforcement services Other activities (list below) 2. Which developments are most affected? (list below) D. Additional information as required by PHDEP/PHDEP Plan PHAs eligible for FY 2000 PI-IDEP funds must provide a PHDEP Plan meeting specified requirements prior to receipt of PHDEP funds. ]-'] Yes [--] No: Is the PHA eligible to participate in the PHDEP in the fiscal year covered by this PHA Plan? 1~ Yes [~] No: Has the PHA included the PHDEP Plan for FY 2000 in this PHA Plan? I~l Yes [~] No: This PHDEP Plan is an Attachment. (Attachment Filename: __) 14. RESERVED FOR PET POLICY I [24 CFR Part 903.7 9 (n)] NOT APPLICABLE 15. Civil Rights Certifications [24 CFR Part 903.7 9 (o)1 Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. ~] Yes [~ 3. Yes[-] 4. [--] Yes s. Yes No: Is the PI-IA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) No: Was the most recent fiscal audit submitted to HUD? FYE 9/30/2001 No: Were there any findings as the result of that audit? No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? No: Have responses to any unresolved findings been submitted to HUD? NOT APPLICABLE If not, when are they due (state below)? 17. PI-IA Asset Management NOT APPLICABLE [24 cFR Part 903.7 9 (q)] Exemptions from component 17: Section 8 Only PI-lAs are not required to complete this component. High performing and small PHAs are not required to complete this component. No: Is the PHA engaging in any activities that will contribute to the long-term asset management of its public housing stock, including how the Agency will plan for long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that apply) I'-I Not applicable ['-] Private management 1--'1 Development-based accounting [-] Comprehensive stock assessment ['"] Other: (list below) 3. [--I Yes D No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 18. Other Information [24 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. ~] Yes [--]No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? 2. If yes, the comments are: (if comments were received, the PHA MUST select one) [] Attached at Attachment (File name) Provided below: RESIDENT AD VISOR Y COMMITTEE MINUTES The Resident Advisory Committee meeting met Tuesday, August 20, 2002 at 3:00 p.m. at the offices of the Collier County Housing Authority, 237 Airport Road Naples, Florida. Members present: Jackie Jean Claribel Serrano Staff present: Angela Edison, Section 8 Coordinator A review and discussion on the agency's secondyear of activities was done. Members discussed whether the Housing Authority achieved the goals and objectives outlined during thesecond year and then made the following recommendations: · They would like to see us increase our Voucher Program. Also implement a Section 8 Homeownership Program. The next step would be taking the plan to the Board of Commissioners for their approval. Meeting adjourned at 5:00 p.m. 3. In what manner did the PHA address those comments? (select all that apply) Considered comments, but determined that no changes to the PHA Plan were necessary. The PHA changed portions of the PHA Plan in response to comments List changes below: [~ Other: (list below) Ail provisions outlined in the second year remained the same, however the comment made by the Resident Advisory Board, regarding a Home Ownership Program is a program that we will be investigating in the near future. B. Description of Election process for Residents on the PHA Board 1. [--] Yes [5~ No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 19377 (If no, continue to question 2; if yes, skip to sub-component C.) 2. [-] Yes [] No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process NOT APPLICABLE - The Resident Commissioner is appointed by the Governor of the State of Florida. In the early l g80's housing authorities were required by state law to have a resident commissioner on their board. The Collier County Housing Authority is governed by a five member Board of Commissioners. The Board is appointed by the Governor to four-year staggered terms and retified by the Board of County Commissioners. The Housing Authority has had a Resident Commissioner on their Board since pre 1982. Currently the Resident Commissioner is Gertrude Townsend, whose term is January 17, 2001 to November 4, 2004. a. Nomination of candidates for place on the ballot: (select all that apply) Candidates were nominated by resident and assisted family organizations Candidates could be nominated by any adult recipient of PHA assistance Self-nomination: Candidates registered with the PHA and requested a place on ballot Other: (describe) b. Eligible candidates: (select one) [--1 Any recipient of PHA assistance [--] Any head of household receiving PHA assistance [---1 Any adult recipient of PHA assistance [--] Any adult member of a resident or assisted family organization ~1 Other (list) c. Eligible voters: (select all that apply) [--I All adult recipients of PHA assistance (public housing and section 8 tenant- based assistance) [-] Representatives of all PHA resident and assisted family organizations [--1 Other (list) C. Statement of Consistency with the Consolidated Plan For each applicable Consolidated Plan, make the following statement (copy questions as many times as nt~-~ssary). 1. Consolidated Plan jurisdiction: (provide name here) COLLIER COUNTY The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plan/s. The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) Other: (list below) The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) a. Financial support for the expansion of affordable housing opportunities b. Assessment of the housing and service needs of Migrant Farm Workers c. Emphasis on economic self-sufficiency for lower income residents D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. 1. Deviations From and Modifications To the Agency Plan The Agency Plan is a living document that shall serve to guide CCHA operations and resource management. In the event that circumstances or priorities necessitate actions that would represent a substantial departure from the goals, objectives, timetables or policies as set forth in the plan, the CCHA will invite resident review and input prior to taking actions that would implement such substantial changes. Development of subsequent Annual Plans shall be the vehicle through which updates and minor or routine modifications to the Agency Plan are made. On an annual basis the CCHA will review its progress toward the achievement of its goals and objectives as set forth in the Agency Plan. It will also evaluate whether the remaining goals and objectives, and the existing policies and procedures, adequately address the needs of its constituents, stakeholders and the agency. To the extent that those needs are not met by the elements of the existing Agency Plan, the subsequent Annual Plan shall be written to reflect changes to goals, objectives, policies and procedures to address those needs. In the event that the elements of the subsequent annual plan represent a significant departure from those of the existing Agency Plan, a Significant Amendment or Modification to the Agency Plan will be undertaken. Under these circumstances, a participatory planning process will be used to obtain resident input. A draft of the substantially modified Agency Plan will be subject to the public review, comment, and hearing process. The CCHA will honor the current HUD definition of Substantial Deviation and Significant Amendment that applies to it: 1. Changes to rent or admissions policies or organization of the waiting list An exception to this definition will be made if modifications are required solely to reflect changes in HUD regulatory requirements. In that case, such changes will not be considered significant amendments by the CCHA. 19. Attachments 17F Use this section to provide any additional attachments referenced in the Plans. A. Progress Report on 5-Year Plban Mission and Goals Consistent with HUD's strategic goals the Collier County Housing Authority undertook the following key activities: Affordable Housing Key activities to be undertaken include the formation of partnerships and identification of funding sources and affordable housing options. · HUD notices of funding availability. · Tax credit properties. · Standard & Poor rating so that we can pursue non-traditional sources of funding throughout the financial community. Equal Housing Opportunity Activities will focus on outreach to potential Section 8 Landlords. · Active participation on the Workforce Housing Advisory Committee. · Member of the Homeless Coalition. · Member of the HALO Coalition. · Renewed our membership with the Naples Apartment Association and have designated a member of our staff to represent the agency. · Updated and put together information sheet for owners on the Section 8 Program and are providing one-on-one consultations with potential landlords. Self-Sufficiency Activities will focus on revitalizing the Section 8 Family Self-Sufficiency Program. Policies to be implemented will include a Section 8 admissions preference for families that are working. · Reorganizing the Family Self-Sufficiency Program. · Have updated the administrative plan, which will implement new policies and procedures. Quality of Life Second year activities will continue to include staff training. · As training opportunities become available, staff is identified based on who will most benefit from the training. · The updated administrative plan will also serve as a procedural manual. Resident Advisory Board Members Gertrude Townsend (Resident Commissioner) 1200 Applemint Lane Immokalee, FL 34142 Dolly McSwain 529 Oakhaven Circle, #104 Immokalee, FL 34142 Cladbel Serrano 245 Manor Blvd. #1802 Naples, FL 34104 Jackie Jean 155 Manor Blvd., f~601 Naples, FL 341 04 AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Consolidated Plarz Ot~e- Year Action Plat~ FY 2002-2003 Collier Co~mty, Florida 84 ~Tmmo~alee ~ulletin P.O. Box 518 LaBelle, FL 33975 17F Affidavit of Publication State of Florida · County of Hendry Collier County Housing and Urban Development I hereby certify that a Citizen Participation Plan the Immokalee Bulletin on September 26, 2002 legal ad was placed in ~ ~Y' Notary Public Linda Jo Coombs. C/CC 867472 Date · ~' '~. Linda Jo Coorllbs ~'.h. My Comm~ssioct CC867472 ~ ,. ~,.' E p~res August 30. 2003 _ Y2Z._"2~--~. NAPLES DAILY NE¥¥~ :';::~..... Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Flohda; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on September 26, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of adve~sement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Swom to and subscribed before me 7th day of September, 2002 ~Si~namre 0f'notaz~-p'u¢iic)' - J ~.~ Donna Ch~n~ ~<~ ~ My Commission 00050336 ~=~ Expires September ~ i, 2005 iFF. 111 Q COLLIER COUNTY, FLORIDA Citizen Participation. Consolidated Plan Development Process 'Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development. (HUD). The CP is a document, which is used to guide housing programs and non-housing community planning for fiscal year 2003-2004. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very Iow,. Iow, and moderate- income persons. The One-Year Action plan will be used to determine expenditures on program projects for fiscal year 2003-2004. Anticipated Yearly Granb Approximately $2,700,000 Eligible Activities:' acquisition of real property; 'acquisition, construction, rehabilitation or installation of public facilities--and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and facilities in accordance with 24 CFR §. 570. Approximately 100% of the total allocation will benefit Iow and moderate-income persons. Citizen Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing and community development needs including priority non-housing community development needs for the purpose of develOping a ConsOlidated Plan for FY 2003-2004. ' The hearing will be held at two locations: Monday, October 14, 2002 Wednesday, October 1-6, 2002 at 6:00 p.m. at 6:0'0 p.m. Immokalee Community Center - Golden Gate Community Center 321 N. 1st Street 4701 Golden Gate Parkway Immokalee, FL NaPles, FL Public WorkshoPs: There' Will be 'two public workshops offering technical assistance by County staff' to answer questions Potential applicants may have about the CDBG application. The workshops will be held at two locations: Monday, October 28, 2002 at 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Wednesday, October 30, 2002 at 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. A Spanish-speaking interpreter will be available at both meetings. NAPLES DAILY NE~Va Pubhshed Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they se~e as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on September 26, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Floridz4 distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor prorrdsed any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me Ttcs/~7th day of September, 2002 (~Si~natu~e'o"f ~otary ~-~blic) ~..,~, ~'~ Donna Chesi'l(.~ .~,,~'~. ,. ~ ~ g My Commission DD050330 '~o~o*' Expires September ~ 1, 2005 COLLIER.COUNTY, FLoRiDA F'artlClpaClOn Pubhca- Proceso de'Consohdaci( para eJ Plan de Desarrollo El condado de Collier esta desarrollando el. plan consolidado un ! de acci6n del a~o. El plan consolidado (CP) es requerido po Departamento de vivienda y Desarrollo Urbano de los Esta, Unidos (HUD). El Plan Consolidado es un documento, que se uti para dirigir programas de vivienda y para-planificaci(Sn de comunidad 2003-2004. Las metas del Plan Consolidado s propomionar una vivienda decente; proporcionar un amble conveniente; y que ampli~ las Oportunidades econ~)miCas para n 'bajO, bajO' y las personas de ingreso moderado. El plan de acci(Sn Un a~o sera' UtiliZado para determinar gastos en los proyectos . programa.por el ejercicio econdmico 2003-2004. Cantidad Anticipada Concedida: Aproximadamente $2,700,000 Actividades Elegibles: Adquisici(Sn de una propiedad; adqui COnStruir, rehabilitar o instalackSn y de mejoras de facilidac publicas; liquidackSn, demolici(~n, y remoci(Sn' de edificios y mejor~ Y ProvisiOp de servicios p[3blicos y facilidades de acuerdo con CFR con 570. Aproximadamente el 100% de. la asignaci(Sn to beneficiara a pemonas del majo y moderado ingreso. Aportacidn del Publico: El prop(~sito de esta audiencia publica sE solicitar opiniones del ciudadano sobre las necesidades de vivien~ y desarrollo de la comunidad para el Condado de Collier, incluyenc darle prioridad a las necesidai:les-de desarrollo de la comunidad ci e fin de enmendar el Plan Consolidado de ACci(Sn por un A~o para a~o fiscal 2003'2004. La audiencia sera Ilevada a cabo en dos Iocalizaciones: Lunes, 14 de octubre de 2002 a las 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Mi~rcoles, 16 de octubre de 200; a las 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL Taller Publico: Van aver dos talleres pdblicOs, ofreciendo asistenci t~cnica por el personal del Condado para contestar pregunta.~ acerca de la aplicaci(Sn del CDBG para los posibles aliCantes. Los talleres seran ilevados a cabo en dos Iocalizaciones., Lunes, 28 de octubre de 2002 a las 6:00 p.m. Immokalee Community Center 321 N. 1st Street lmmokalee, FL Mi~rcoles, 30 de octubre de 2002 a las 6 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL Si usted necesita ayuda especial o servicios dirigidos por el Act(, Americano para Personas con Discapacidad o alguien necesita que se traduzca o el uso de lenguaje de se~as, debe contactar a I~ oficina de Administraci6n Financiera de Condado de County ~ Departamento de Vivienda al (239) 213-2937, no mas tardar dos dias de anticipaci(Sn para el dia de la Audiencia Publica. Un interprete de habla hispana estara en ambas reuniones. ~ ?F '~! Collier County CDBG Public Hearing October 14, 2002 -6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, Florida I Sign-In Sheet NAME ADDRESS 17F CDBG PUBLIC HEARING Immokalee Community Park 321 N. 1st Street Immokalee, Florida October 14, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Janeen Person-Coale, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. Ms. Person-Coale welcomed the participants and informed them this is the first public hearing to receive input for the upcoming Community Development Block Grant (CDBG) fiscal year 2003-2004 program and is being recorded. There will be approximately $2,700,000 available. Ms. Person-Coale emphasized the pm'pose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Person-Coale introduced Ms. Lee Combs, FAH Department HUD Grants Manager, to explain the program and application/funding timeline. The following persons were in attendance: Lee Combs Janeen Person-Coale Dottie Cook Hank Kolenda Jerry Regier Tim Wetzel Silvia Puente, Translator FAH - Collier County FAH - Collier County Empowerment Alliance of SW Florida Robust Building Robust Building WINK-TV Library - Collier County Ms. Combs explained the Entitlement process (Collier County became eligible to receive funding directly from HUD when it reached a population threshold of 200,000 persons). She also explained the purpose of the public hearing, which is to obtain input on ways the expected annual funding of approximately $2.7 million may be expended. Applications will be accepted until December 3, 2002. Ms. Combs also explained the 15% cap on public service activities and that these activities must be either: A new service; or A quantifiable increase in the level of a service. Ms. Combs also explained that projects had to meet one or more National Objectives: 1. Benefit low and moderate-income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. Also, a proposed activity must be eligible according to HUD standards. Ms. Combs referred the participants to an abbreviated list included in the handout explaining eligible activities and HUD guidelines. She also went over the application packet, application process and timeline. There are two application workshops scheduled (October 28th at 6:00 p.m. in Immokalee and October 30th at 6:00 p.m. in Golden Gate). Ms. Combs stated that FAH Department staff is available for technical assistance at any time during the application process. Questions received centered on the eligibility of a specific project. FAH staff responded with appropriate information and recommended to these participants that they review the application packet and attend the October 28, 2002 application workshop to obtain further assistance or contact FAH Department staff directly at (239) 213-2937. The public hearing was adjourned at 7:10 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:\CDBG\CDBG - HUD~ENTITLEMENT 2003-2004 (CDBG)kApplication process\10-14 PUBLIC HEARING Minutes. doc LTF Collier County CDBG Public Hearing October 16, 2002 -6~.00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida Sign-In Sheet .. ,~ADDRESS ('_a3_ I! !'e_.c Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida October 16, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Janeen Person-Coale, Coordinator, Collier County Financial Administration and Housing. County staff waited until 6:15 p.m. No public participants were in attendance. The following persons were in attendance: Lee Combs Janeen Person-CoMe Denton Baker Anna Diaz, Translator FAH - Collier County FAH - Collier County FAH - Collier County CDES - Collier County HUD Grants The public hearing was adjourned at 6:15 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Housing and Urban Improvement department at 403-2330 to make arrangements. G:\CDBG\CDBG - HUD~ENTITLEMENT 2003-2004 (CDBG)XApplication process\10-16 PUBLIC HEARING Minutes.doc 17F Inlt ~,~; Collier Cou y' CDBG Application Workshop October 28, 2002 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, Florida Sign-In Sheet NAME ADDRESS 17F CDBG APPLICATION WORKSHOP Immokalee Community Park 321 N. 1 st Street Immokalee, Florida October 28, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:10 p.m. by Lee Combs, HUD Grants Manager, Collier County Financial Administration and Housing (FAH) Department. Ms. Combs welcomed the participants and briefly reviewed the information from the public hearings regarding the upcoming Community Development Block Grant (CDBG) fiscal year 2003-2004 program. The following persons were in attendance: Lee Combs Julia Langhom Dora Strickland Barbara Mainster Dottie Cook Silvia Puente, Translator FAIt - Collier County FAH - Collier County Immokalee Resident Redlands Christian Migrant Association Empowerment Alliance of SW Florida Library - Collier County Ms. Combs explained the public hearing requirement, application process and program timeline. Applications will be accepted until December 3, 2002 at 4:00 pm in the FAH office. The application review by staff and the role of the CATF (Citizens Advisory Task Force) was discussed. Ms. Combs explained the 15% funding limit on public service activities and also that projects had to meet one or more National Objectives: 1. Benefit low and moderate-income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. At that point, the floor was opened for questions. Numerous questions were asked regarding individual proposals and specific items on the applications. Staff provided input, guidance and technical assistance. FAH staff reminded attendees that applications are due on December 3, 2002 at 4:00 pm. All applicants were encouraged to schedule "Technical Assistance" sessions with staff for review of the application and supporting information by contacting (239) 213-2937. The public meeting was adjourned at 8:00 p.m. ~TF Collier County CDBG Application Workshop October 30, 2002 - 6:00 p.m. Golden Gate Community Center 4701 GOlden Gate Parkway Naples, Florida Sign-In Sheet NAME ADDRESS CDBG APPLICATION WORKSHOP Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida October 30, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:15 p.m. by Lee Combs, HUD/Federal Manager, Collier County Financial Administration and Housing. The following persons were in attendance: Lee Comb Julia Langhom Susan Alden Barry Williams Sharon Sykes Barbara Leonard Sharon Winkelman Anna Diaz, Translator FAH - Collier County FAH - Collier County FAH - Collier County Department of Human Services - Collier County Public Shelter for Abused Women Youth Haven CDES - Collier County Grants FAH staff worked with various potential applicants on a one-on-one basis regarding each proposed application. Mr. Williams with the Department of Human Services was proposing a prescription medication program to aid low-income persons in areas other than Immokalee (which received a grant in 2002-2003). Ms. Leonard was asking about the possibility of helping residents of the Shelter for Abused Women attain help with tenant-based rental assistance. Potential applicants were also reminded that they could receive individual technical assistance until the applications were due on December 3, 2002 at 4:00 p.m. The application workshop was adjourned at 7:45 p.m. G:\CDBG\CDBG - HUD\ENTITLEMENT 2003-2004 (CDBG)~Development ProcessLAPPLICATION WORKSHOPS\i 0- 30 APPLICATION WORKSHOP Minutes. doc by: Konica Fax 9825 NAPLES DAILY NEWS Published Daily Naples, FL 34102 9412634864 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb. who on oath says that they serve as thc Assistant Corporate Secretary of the Naples Daily, a daily, newspap~ published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of FIorida; that the altached copy of the advert/sing, being a PUBLIC NOTICE in thc ma~er of PUBLIC NOTICE was published in said 1 firth(s) m the issue on November 28, 2002 Affiant £u~h~- says that the said Naples Daily News is a ne~ape~ published at Naples, in said Co)li~ Co~, ~oflda~ and ~t ~ ~id newsier ~ hem~for~ ~¢n congnuously published in mid Collier Coen~, ~oH~; dis~u~ ~ ~lli~ and ~e e~nti~ of Flo~a. each day~d ~s b=~ entc~d as second cla~ mail ~er at the post o~ in Naples, ~ a~id Co11(~ Coun[y. FI~ for a ~ of i y~ar n~ ~¢ding [he flint publi~tioa of~e amchcd copy of adv~i; ~d ~t ~ sa~ ~[ hc has nei~ ~id nor ~ ~Y ~. f~ or ¢0~tion any discount, mba~, ¢ommissi~ ~ ~nd for ~ pu~s¢ ofsecugng this adv~isem~[ for publi~ in ~e ~id ( si~ ofam~t~ Sworn to and subscribed before me 19~,9~'y of December, 2002 12/19/02 17:301 #481j Page 2 :. ~' ~... ....:. ;.:,. ........ ~.:-.: ?.-.'-:... · ...:.. --.....- .. .... :.,. :.~'::.",.'"...'.'.' ~;..'. .::~ .......... - . · [%':; a, R~iew ~d. mn~ng of ~ 2003;200 : "" . ~om~?~daaon to Bo~'~f CO'Un~ · : & ApprOv~. of. Meeting Minutes : ' ": '"' .. · ~. prog~ 'lmmok~ee Manufaotu~ng- .::.m.a~e..b~.~..citizensaPPe~' any' dec~sio .. :~With mspe~..to.'an~ m~er c0'nside'm .... '~':Pr°ceed!~gs:and. tbat:~°r:suoh:~urpose; ..... may need to 'ensare?at'a .'.-.. of. the proceedin?' .!S.. made,., wh!~..reco~ ':.include~ fhe'{esfimony an~.evidence-Opor "/- 'Which t~e..appeal ~s' to beb~ed... ..: .....:A~. or.requ/~ someone;fo tr~s/ate ?r s/gn,: by: Konlca Fa× 9825 9412634864 NAPLES DAILY NEWS Published Daily Naples, FL 34 ] 02 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as thc author/W, persoaally appeared B, Lamb_, who on oath says that they serve as the Assismt Corporate Secretory o£th,~ Naples Daffy, a daffy newspaper published at Naples, in Collier County,' Florida; distributed in Collier and Lee counties of Florida; that the affached copy of the advertising, being a pLrBL!C NOTICE ha the ma~cr of PUBLIC NOTICE was published in said 1 time(-*) in the issue on November 28, 2002 Aft'lan! further <~yz that the said Nep[c~ Daily ~ews i~ a ncw~pap~ pubilsh~ at Naples~ in sai~ Co~1~ Count~, ~lo~da, and that ~e new~ap~ h~ h=retofore ~n con~nuously publi~ed ~n ~aid Collie~ C~, Flora; dis~bumd in Colli=r znd ~o counlies of Flohda, each day and has b~ on,red ~ second cla~s ~il ~r offi~ in Naples, in mid Collier Count, Flohda, for a ~fi~ of year next prc~ing Ibc tim[ publication ofl~ atmc~d copy adv~sc~nt; and ~t ~ghcr ~yx that hc has nei~t paid nor ~m~cd any p~en, fi~ or ~omt~n any dis~unl. co~ssi~ or mthnd for the pu~as~ ofs~ufing this ~v~s~l for publim~m ~ ~e said neaps. ( Si~a~f affi~ Sworn to aud subscribed before me 19th da~-~f December, 2002 // '~:,:,?,.x'¢ F.-~¢,¢"r:;.:'h,';:!~rn~r J I 2005 ; 12/19/02 17:30; //481; Page 3 .:.. :.:...:. · ~. ..:,, ........... .....,. .,.-?::.:..:..,... '":!:'::AVI$O':: ,.. "' '--, "'. . T. UNkT¥, ,.}'. ....... , ................. · :medi0.1e avisamo~*de 'i~na' · . i regular ,'i~bl:' As~sOr. · . ".Fuerza's:del Ciudadanb..(CJ~TF).lEn · db" confei~Yi*Cihs"E*'bn1:2800:'*NOrtl, i .H~.. ' 'shOe::.:Di~i~}e~.'.'N'~iples, FL a::l:00.:p,.m;'.:en'. de diciembre de':2OO2j ,i-.:7'.yi~ '-' "~'.7 "'-.'. ':::' :': ..... "" ':'"': ': ...... :'-~6ENb~'"':'"'-:: ": .:'" "" :1.:.' Pasiir:li~ta.'. ':.' .--:"-': ....: :-: ..: .:':...'..:..' .. :. :. ::'... :.-' ' 2. Nuev0s Neg'0ciosa ' · .... .:" --.-: ..... .- · ' .:.'a, Revisar'y:evalua. r'las.aplioaoione. Si.. .... para el arSo fiscal 2003'-'2004' tle~ ..... · ". · '. BloqUe de:Otorgaci6n Para' el ' 'Desarollo Urbano'(ODBG); ........ :" '. ".-i'..b-..R&visaF las' aplicaciones::de':C~,Tl~.: y::.. · , recome'ndaClones para la Jt/ntti'id'e- ¢omisi0'nad0$:i:iel C:ondad~;:.i:":... :.:... ..:: 3. :Aprovaci6n 'del las. Minutas'de' la:- !..' · ,'P~adaa~ !' !i ..:.::.. '..-: ::. :~:.:-_-:.--..:...-..:..:...:::.: ...'.: .: ::. . a. g de mayo de':200~ ....... ' ~'. .'-. '"' b. '12 de gepfi&mbre' de 2002-'-' ::.i_. -i.' :i.;. :.:: '4..PasadosNegocjos .... . .... "" :" .... ,- · :" a,. E/xtenci6n:el: pmgra'maida, p'e~ib-.~qa~. : .:.'..:...-..: ..c, iudade~ y;.¢ondados - F. a0ilid~ide~. '. .." .... .." de'laMahu'~.orei~a di~ilmi~i~.l~li~e- '::'" :... S,:RnunCi0s. ....... ..... · .... ..:..:: · ~ · . ...........' '":'" ' :'"' "': ": "" '"- "':'"-:".-'....-' -*: 7. '"' :'*': · 12'2. '-. En .adici6n a-'la noti~ia': ;dad'a:' ~i'- .... Pe}s0~'~-"d'ei~Jd$' .~ipeiar: cuilquler ::decisi¢5 :...hecha pot. el. Asesor de' Desticam~ri~i)"d F. uer;zad para ..el..:Ciild~ida~ii~; .cae. Cualquler. co~a-considerada b'ii .. est reuni6n,' el necesiim-~i 'uha.gl'aba:cl6n ::.prOcedimientos ::y: .p .ara.,..oS.t.e.:_p..r6P'0$Ro, i el' · .'i' tambi~n!"n;e~.i~i~a~ .:que,-:'e~".'l~labm-.:po;~ '.':'Palabra:Drabado .el procedimlento q'u&-, li5'' grab~do:::.'iri'Cl~F~i' · ~i--:~-e~timi3-ni.O-:y. -:..:.-evidoncia based6!'.en:.!.o.que..:quiere_..ape!~ar. · · $i..usted: .requiere .: asiStenci~. ,o. serVicl~s, ofrecldos baJo" el" .::Acto'"",'para :.',Americanos. . :..'i Di$~apacitadOS;, .:Si..: requierO asiStencia, con traducciones o' len~uaje-.de ~&r~j.b6r:- fair.' ::..llame .:. si... ,: DePartamento ;. . de:. Administraci~n. ' Financiara y Vivienda a1',(239):. 21342937 :no : menos de:dos.'dias antos de/a'reunidni ..... -' Jqh~'~TC~BT" ' : : ' "' ' ':" ' : ' ':' "'"': ~2:_:. ,. .."':: .::': .:,.....:. _ :: 1 7F 1! P.O. Box 518 LaBe/le, FL 33975 Affidavit of Publication State of Florida - County of Hendry ~ollier County H0usinq and Urban Developmei~ hereby certify that a .Notice of Public Meetin9 ad was I~lmokalee Bulletin onDecember 5, 2002_ placed in the My Cm~'mr~cm C:C867472 E~pim..~ Augu~,r 30. 200~ Notary Public LJnda Jo Coombs. #CC 867472 Date NOTICE OF PUBLIC MEETING NOTICE' IS HEREBY GIVEN OF'A REGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, CONFERENCE ROOM "E", 2800 No HORSESHOE DRIVE, NAPLES, FL AT 1:00 P.M. ON DECEMBER 12, 2002. AGENDA 1. Roll Call 2. New Business a. Review.and ranking of FY 2003:2004 Community Development Block Grant (CDBG) applications. b. Review of CATF applications and recommendation to Board of County Commissioners. 3. Approval of Meeting Minmes a. May 9, 2002 b. September 12, 2002 4. Old Business a. Extension for Small Cities & Counties program - Immokalee Manufacturing Facility 5. Announcements Additionally, this notice advises that, if a person decides to appeal any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. Por este medio le avisamos de una reuni6n regular del Asesor de Destacamento de Fuerzas del Cindadano (CATF) En el salon de conferencias E en 2800 North Horseshoe Drive, Naples, FL a 1:00 p.m. en 12 de diciembre de 2002. AGENDA 1. Pasar lista 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones para el afio fiscal 2003-2004 del Bloque de Otorgaci6n para el Desarollo Urbano (CDBG). b. Revisar las aplicaciones de CATF y recomendaciones para la Junta de Comisionados del Condado. 3, Aprovaci6n de las Minutas de la Reuni6n pasada a.- 9 de mayo de 2002 b. 12de septiembre de 2002 4. Pasados Negocios a. Extenci6n el programa de pequefias Ciudades y Condados -Facilidades de la Manufacturera,de -Immokalee 5. Anuncios En adici6n a la noticia' dada, si una persona decide apelar cualquier decisi6n hecha por el Asesor de Destacamento de Fuerzas para el Cludadano, con respecto de cualquier cosa considerada en esta reuni6n, el necesitarfi una grabaci6n de los procedimientos y para este pr6posito, el tambi6n necesitarfi que est6 palabra por palabra grabado el procedimiento hecho, y que !o grabado incluya el testimonio y evidencia basado en 1o que quiere apelar. Si usted requiere asistencia o servicios ofrecidos bajo el Acto para Americanos DiscapaCitados, si requiere asistencia con traducciones o lenguaje de sehas, pot f~vor llame al Departamento de Administraci6n Financiara y Vivienda al (239) 213-2937 no menos de dos dias antes de la reuniGn. Collier County CDBG Citizen Adviso Task Force December 12, 2002- ! :00 PM Community Development and Environmental Services Building Conference Room "E" 2800 N. Horseshoe Drive, Naples, Florida 34104 Agenda I. Call Meeting to Order- Roll Call II. New Business A. Review and Ranking of FY 2003-2003 Community Development Block Grant (CDBG) applications BRIEF RECESS B. Review of CATF Applications and Recommendation to Board of County Commissioners C. Extension for Small Cities and Counties program - Immokalee Manufacturing Facility III. Approval of Meeting Minutes A. Approval of May 9, 2002 Meeting Minutes B. Approval of September 12, 2002 Meeting Minutes IV. Old Business V. Announcements 17F CITIZENS ADVISORY TASK FORCE COMMIT ',E' COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES CONFERENCE ROOM "E" 2800 NORTH HORSESHOE DRIVE December 12, 2002 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 1:05 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy Kathleen Hemnann Ellen Christian-Myers David Corban Russell Tuff X X X X X Staff Present: Financial Administration and Housing (FAIl) staff- Denny Baker, Lee Coml Susan Alden, Gary Young, Janeen Person-Coale and Julia Langhorn Applicants Present: Elaine Antonacci, (Immokalee Multicultural Multipurpose Community Action Agency (IMMCA~ Cheryl Wickersham, United Church Homes Amanda Townsend, Collier County Parks and Recreation Richard Nogaj, Harvest for Hunmnity, Inc. Mary Ann Durso, Habitat for Humanity, Inc. Dr. Sam Durso, Habitat for Humanity, Inc. Barbara Cacchione, Empowerment Alliance of Southwest Florida, Inc. Bill Klohn, Arrowhead Aparm~ents Ltd. Patrick McCuan, Arrowhead Apartments Ltd. Barry Williams, Colllier County Human Services Barbara Mainster, Redlands Christian Migrant Association (RCMA) Also Present: Susan Golden, City of Naples Teri Karp, Collier County Hunger and Homeless Coalition Mary Soucek, Collier County- Hunger and Homeless Coalition Marlene Foord, Collier County Grants Patricia Prather, a court reporter from Naples Court Reporting, Inc. was also present. III. A. The CATF reviewed nine (9) applications for Co me k Grant (CDBG) funding in the 2003-2004 program cycle. The following applications were recommended for funding: Housing: · United Church Homes, Inc. (Immokalee Senior Housing) $275,000 · Habitat for Humanity (Charlce Estates - Phase II infrastructure) $700,000 Economic Development: · Harvest for Humanity (Job Creation at Blueberry Store) $100,000 Public Facilities: Collier County Public Services (EN Community Center Senior Center addition) $83,000 · * with $255,000 set aside in 2004-2005 and 2005-2006 program years Public Services: · IMMCAA (Job training and support) $60,000 · Empowerment Alliance of SW Florida (Education and Training) $54,000 · Collier County Human Services (Prescription Medication Service) $130,000 B. The CATF reviewed the applications for appointment to serve on the CATF and recommended the following people be appointed: Russell W. Tuff- reappointment - Business Leader (unanimous) Jodi Bisogno - appointment - Social Services (to fill the seat vacated by Kathy Herrmann) (unanimous) C. The CATF approved 4-0 that the County extend the termination date of the agreement between Collier County and the Department of Community Affairs (DCA) for the Small Cities and Counties CDBG funding used to build the Incubator at the Immokalee Airport. Due to various delays, it seems prudent to extend the termination date to March, 2004 to enable the leasee to have adequate time to have the required 22 jobs in place. Approval of Meeting Minutes A. Approval of May 9, 2002 - approved by 4-0 vote. B. Approval of September 12, 2002 - approved as corrected by 4-0 vote. Old Business A. Lee Combs gave each CATF member a copy of a letter from HUD in response to Collier County's Consolidated Annual Performance and Evaluation Report (CAPER). This was the first year a CAPER had been submitted and HUD was very pleased with the accomplishments of the CDBG program. B. Lee Combs told the CATF that Collier County had been approved for Home Investment Partnership Act (HOME) program a year earlier than expected. The anticipated funding is approximately $800,000. Unlike CDBG, this program will focus on housing. Community Housing Development Organizations (CHDOs) will received a 15% setaside for eligible projects. The Citizen Participation Plan relating to public hearings would be followed so that the public knows of the availability of the fimding; public hearings have been scheduled for early January in Immokalee and Golden Gate. Since the regulations are very complex, Lee Combs suggested that the CATF allow staff to determine eligibility for funding. The CATF unanimously approved that staff be allowed to determine funding priorities and eligibility. New Business A. The next meeting is scheduled for March (date and time to be determined). There will be one new member of the CATF. Denny Baker suggested that the CATF be given training regarding CDBG roles and regulations, the Sunshine Law and Board Protocal; the CATF unanimously agreed. A bus tour of the CDBG projects will be scheduled for the Spring. V. Adjournment of Meeting 5:25 P.M. G:\CDBG\Citizen Advisory Task Force~2002 CA'IF Mectings\CATF Minutes 12-12-02.doc NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time (s) in the issue on December 23, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, ~ach day and has been entered as second class mail matter at the post bffice in Naples, in said Collier County, Florida, for a period of 1 year next preceding 'the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any - person, firm or cosporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication~in the said new~ap~. ~Z.x ~. ( Signature of affiant) Sworn to and su"osc~ibed before me of (S~gm~e of notals~ public)ff~ NOTICE OF PUBLIC HEARING Citizen Participation - Consolidated Plan ProceSs Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that the County has been propOsed to receive Home Investment Partnerships (HOME) Program funds. To receive funding~ the County is required to develop a.plan to utilize these monies in a coordinated'manner. Collier County will be' amending its 2001-2005 Consolidated Plan to add the HOME component. The HOME program was signed into law as Title II of the CranSton Gonzalez National Affordable Housing Act in 1990 and' first funded in 1992. The HOME Program helps to expand the supply of decent, affordable housing for Iow and very Iow-income families by providing funds to States and local governments referred to as participating jurisdictions, or "PJs." PJs use their-HOME funds for housing' programs that meet local needs and priorities and have flexibility in designing their local HOME programs within the guidelines established by the Final Rule (24 CFR 92). The HOME Program establishes limits for rents, income,-purchase price, and pe.r unit subsidy limits. Proposed HOME FUnding Amount: ' Approximately $800,000 Range of Activities: The County is able to undertake a wide range of' activities under these programs that benefit Iow-income people, or are located in areas where the majority of .the people living there are low, income. Possible activities include rehabilitation of owner- occupied homes, tenant-ba.sed rental assistanCe, and downpayment assistance. A PJ must invest (set aside) at least 15 percent (15%) of its total HOME allocation in 'projects that 'are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeownership or renter units. ~Citizen Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing needs for the purpose of developing .an amendment to the County's Consolidated Plan for FY- 2001-2005. This public hearing is not to discuss specific housing proposals. The public hearing will be held at two locations: Monday, January 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Tuesday, January 7 - 6:30 p.m. · Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL A Spanish-speaking interpreter will be available at both meetings, If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County ?inanciai Administration and Housing, Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. No, 99706408 December 23, 2002 NAPLES DAILY NEWS' Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Adm/nistrative Assistant To The Publisher of the ' Naples Daily, a daily newspaper published at Naples, in Collier County, Florida;. distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper I time (s) in the issue on December 23, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post Office in N~/ples, in said Collier County, Florida, for a period of l year next preceding the first publication of the athached copy of advertisement; and affiant further says that he has neither paid_ nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication~n the said newspaper.. ~_ t~ ( Signature of affiant) Sworn to and subscribed'before me th~/2~t~ of Decem~,~ 2002 . t' AvisO de. audiencia publica Participacion de ciudadanos -Plan el proceso consolidado El condado de Collier ha sido notificado por el Departamento de Vivienda y Desarrollo Urbano (HUD) que es elegible para comenzar a recibir anualmente rondos del .subsidio Federal del programa InversiOn de Sociedades (HOME). Para recibir subsidio, el condado debe desarrollar Un plan para utilizar estos-fondos pQblicos de una manera coordinada. Este plan es Ilamado "PLAN CONSOLIDADO." El condado de Collier estar~ enmendando su agrupaci0n o (bloque) de subsidio para el desarrollo de la comunidad 2001-2005, Este plan Consolidado incluye el HOME rondos (Fondos Hogare6o). El programa Hogare6o ,fue firmado y hecho ley de la misma manera que el "Titulo 11 de Cranston Gonzales Acto Nacional de' Vivienda C6moda de 1990 (Title 11 of the Cranston Gonzales National Affordable Housing Act in 1990) y por primera vez fue financiado en 1992. El programa hogaredo .ayuda a desarrollar y proveer vivienda decente para familias de bajo y muy bajo ingresos a trav6s de suministrar subsidios a estados y gobiemos locales referidos come jurisdicciones particiPantes, o "PJs." PJs usan los subsidios hogaredos para financiar programas de viviendas que satisfacen necesidades y prioridades locales y que tengan fiexibilidad en dise~ar su programa hogaredo dentro las regulaciones establecidas por la Regla Final. El programa HogareRo establece limites en renta, ingresos, preciQ de compra y limites de subsidio por unidad. Donaciones anuales anticipadas: Aproximadamente $800,000 Alcance de actividades: El condado esta capacitado para emprender un alcance extenso de actividades bajo estos programas que-benefician a personas de bajo ingreso (o personas de salario bajo), o. personas ubicadas en &reas donde la mayoria tienen un salario bajo. Actividades Posibles inc!uyen rehabilitaci0n' de viviendas alquiladas por',propietarios; asistencia 'c~3n 'la renta basado en la capacidad' de los" inquilinos, y asistencia con el pago de entrada. Una Judsdicci0n Participante, o "PJ," requiere una inversion de 15% de los fondos totales dedicados al programa "HOME" para proyectos donde uno es duedo, o proyectos originados pot la Organizaci0n Hogareda de la Comunidad (CHDOs) y que resultan en la creaci0n de unidades de vivienda para rentar o Ilegar a set due6o. ParticipaCidn de ciudadanos: El prop0sito de esta audiencia publica ser~. de.solicitar de los ciudadanos su punto de vista de las necesidades de la vivienda del condado Collier y asi poder desarrollar una reforma a la CDBG Plan Consolidado para recibir fondos pQblicos para los anos 2001-2005. En esta audiencia publica no se discutira de ninguna manera como escribir especificamente las propuestas de subsidio. La audiencia publica Sera en dos ubicaciones: Lunes, Enero 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Mattes, Enero 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Tendremos interpretes en espa~ol para las dos audiencias Si usted requiere asistencia o servicio especial establecido pot el acto de Americanos con desabilidades o si requiere traducci6n o atguien que firme pot usted, pot favor de comunicarse con el departamento administrativo de finanzas y vivienda del Condado de Collier al teldfono (239) 213-2937, pot favor de Ilamar (2) dfas antes de la fecha de la audiencia publica. ~mmokalee ~alleti~ P.O. B~x 51 ,g I.al,]¢lle. I'1. 330.75 Affidavit of Publication State of Florida - County of Hendry 17F .d01Jier County H. ousinq and Urban Development I hereby certify that a Notice of Public Hearinqt Citizen Partmlpation ad was 'i~:iaced in the Immokalee Bulletin on December 26. 2002 ,My Cnmm~saon cC~67472 '~,;,, ~/Exp~m-s Augu$1 30. 200.3 Nn~ry Public Linda Jo Coombs #CC 867472 Date Collier County HOME Public Hearing January 6, 2003 Immokalee Community Park 321 N. 1st Street Immokalee, Florida ISign-In SheetI NAME ADDRESS HOME PUBLIC HEARING Immokalee Community Park 321 N. 1st Street Immokalee, Florida January 6, 2003 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Julia Langhom, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. Ms. Langhorn welcomed the participants and informed them this is the first public hearing to receive input for the proposed Home Investment Parmerships (HOME) program for fiscal year 2003-2004 and is being recorded. There is a proposed amount of $800,000 available from HUD. Ms. Langhorn emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Langhom explained the program and application/fimding timeline. The following persons were in attendance: Julia Langhorn Janeen Person-Coale Dottie Cook Mafia Garcia Tamam C. Gabar Dora Strickland Silvia Puente, Translator FAIt - Collier County FAH - Collier County Empowerment Alliance of SW Florida Immokalee Resident Immokalee Resident · Community Redevelopment-Collier County Library - Collier County Ms. Langhorn explained the purpose of the HOME program and how HUD made the proposition of designating Collier County as a Participating Jurisdiction (P J) based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. She also explained the purpose of the public hearing, which is to obtain input on ways the proposed HOME funding of approximately $800,000 for FY 2003- 2004 may be expended. Ms. Langhom discussed that projects eligible for funding under the HOME program must meet one of the following objectives: Provide decent, affordable housing to lower-income households; Expand the capacity of nonprofit housing providers; Strengthen the ability of state and local governments to provide housing; and * Leverage private-sector participation. Continents received stated that ther~ is a need for more affordable permanent as well as rental housing in Immokalee, especially housing that provides more space and some privacy from neighbors, and is not currently available in most affordable housing developments. It was also stated that Immokalee is in need of transitional housing to provide a place for families to live while they are moving out of sub-standard housing. FAH staff responded with the appropriate information and also made referrals to some participants who needed additional assistance with regard to their current housing situation. Ms. Langhom also told all participants they were welcome to obtain further assistance or contact FAH Department staff directly at (239) 213-2937. The public heating was adjourned at 7:15 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:XI-IOMELADMINLPUBLIC HEARINGS~PUBLIC HEARING MIN. lMM.doc Collier County HOME Public Hearing January 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Sign-In Sheet NAME ADDRESS i?F HOME PUBLIC HEARING Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, Florida January, 7 2003 - 6:30 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Julia Langhom, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. County staff waited until 6:30 p.m. No public participants were in attendance. The following persons were in attendance: Julia Langhom Janeen Person-Coale Ana Diaz, Translator FAH - Collier County FAH - Collier County CDES - Collier County The public heating was adjourned at 6:30 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:\HOME\ADMIN\PUBLIC HEARINGS\Public Hearing Min. GG. doc O~i:~'~I::~O~;::~T' I~ i'~ I~T ~ COLLIER COUNTY, FLORIDA Citizen Participation - Consolidated Plan Development Process Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required b U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide hot programs and non-housing community planning for fiscal year 2003-2004. The goals of the CP are to: provide de housing; provide a suitable living environment; and expand economic opportunities for very low, low and mode income persons. The One-Year Action Plan will be used to determine expenditures on program projects for fiscal 2003 -2004. There will be an allocation of approximately $2,782,000 in Community Development Block Grant (CDBG) fu Eligible activities include, but are not limited to: acquisition of real property; acquisition, construction, rehabilitatio installation of public facilities and improvements; clearance, demolition, and removal of building and improvements; provision of public services and facilities in accordance with 24 CFR § 570. Approximately 100% of the total alloca will benefit low and moderate-income persons. There is a proposed Home Investment Partnerships (*HOME) program allocation of $745,000 to expand the suppl] decent, affordable housing for low and very low-income families. *HOME funds must be used for housing programs meet local needs and priorities. Participating Jurisdictions (PJ) have flexibility in designing their local *HOME progr~ within the guidelines established by Final Rule 24 CFR § 92. Possible activities include rehabilitation of owner-occul: homes, tenant-based rental assistance, and down payment assistance. A PJ must also invest (set aside) at least 15 perc (15%) of its total *HOME allocation in projects that are owned, developed or sponsored by Community Hous Development Organizations (CHDO's), and which result in the development of homeownership or rental un Approximately 100% of the total allocation will benefit low and very-low income persons. The proposed One Year Action Plan for fiscal year 2003-2004 includes the following activities: Storm Drainage Improvement - City of Marco Island Park Improvement - City of Naples Affordable Housing Development Land Acquisition Affordable Housing Infrastructure support - Habitat for Humanity Senior Citizen Affordable Housing Development (Immokalee) Community Housing Development Organization (CHDO) set-aside Single-family Housing Rehabilitation Assistance - Countywide Rural Prescription Medication Service Single-family Housing Down Payment Assistance - Countywide Tenant Based Rental Assistance - Countywide Job Creation and Training (Immokalee) Senior Citizens Activity Center Construction Job Training and Support (Immokalee) Education & Training (Immokalee) Homeless Management Information System Community Housing Development Organization (CHDO) operating Fair Housing - Education and Outreach Program Planning and Administration (CDBG) Program Planning and Administration (*HOME) $250,000 $250,000 $350,000 $700,000 $275,000 $204,000 $200,000 $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 5o,ooo $ 37,000 $ 3,00O $480,000 $ 74,000 Total $3,527~000 17F Public Comment Period ii. '~'''' ' There will be a public comment period from March 7, 2003 to April 7, 2003 regarding the One Year Action Plan. this period, the draft Plan will be available for review in all of the County's public libraries and in the Fin. Administration & Housing Department office located at 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 3~: The CP is available in a format accessible to persons with disabilities upon request (239-213-2937). The Count respond within 15 days, in writing, to all written comments. All comments from citizens will be considered in pre~ the final Consolidated Plan One Year Action Plan FY 2003-2004. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2003-2004) is scheduled for April 22, 2003 at a regul~ meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 213-2937, no later than (2) days prior to the Public Hearing date. *Home Investment Partnerships Program (*HOME): At this writing, *HOME funds are 'proposed' for Collier County. Final approval on this appropriation is still pending from HUD. COLLIER COUNTY, FLORIDA Participaci6n Ptiblica - Proceso Para Consolidar Un Plan de Desarroilo E1 Condado de Collier est~i desarrollando E1 Plan Consolidado-Un Plan de Acci6n por un Afio. E1 plan consolidado (CP) es reque~ el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD. El Plan Consolidado es un documento, que se para dirigir programas de vivienda y para la planificaci6n de la comunidad para el afio fiscal 2003-2004. Las metas del Plan Cons, son: proporcionar una vivienda decente; proporcionar un buen ambiente; y que ampli6 las oportunidades econ6micas para las pers~ muy bajo ingreso, bajo o moderado. E1 Plan de Acci6n de un Afio serfi utilizado para determinar gastos en los proyectos del pr~ por el afio fiscal 2003-2004. Habr~i una localizaci6n aproximada de $2,782,000 en los fondos del Programa de la Comunidad (CDBG). Algunas de las actividac son elegibles, pero no est~in limitadas para: compra de propiedad; adquisici6n, construcci6n, rehabilitaci6n o instalaci6n de faci] pdblicas y mejoramiento; limpieza, demolici6n, y eliminaci6n de construcci6n y mejoramiento; proveer servicios ptiblicos y facil en conformidad con 24 CFR secci6n 570. Aproximadamente un 100% del total asignado pueden beneficiar personas de nivel de i: bajo y moderado. Hay una propuesta Asociaci6n de Inversiones de Vivienda (*HOME) programa se ha asignado $745,000 para la expansi6n, para p: hogares decentes y que se puedan comprar para familias de bajo y muy bajo ingreso. Los fondos de HOME deben ser usado. Programas de Vivienda que refinan las necesidades locales y las prioridades. Las jurisdicciones participantes (PI) tienen la flexibili¢ designar el Programa HOME en su localidad dentro de las reglas establecidas en la regla final 24 CFR §92. Algunas posibles activi incluye la rehabilitaci6n de propietario-duefio de la vivienda, asistencia de renta del inquilino y asistencia en el dep6sito de pago. tambi6n debe invertir (colocar al lado) pot lo menos un 15% de su total asignado en projectos que son propios, desarrollados patroci. pot organizaciones del Desarrollo de la Vivienda Comunitaria (CHDO"s), y que resultarfa en el desarrollo y la posesi6n de vivie: unidad de renta. Aproximadamente un 100% de la asignaci6n beneficiara a personas de bajo y muy bajo ingreso. Mejoramiento en drenaje - Ciudad de Marco Island Mejoramiento de parques de recreo - Ciudad de Naples Adquisici6n de tierras para el desarrollo de viviendas que se puedan comprar Soporte para la infraestructura de casas que se puedan comprar-Habitat for Humanity Desarrollo de Vivienda que se puedan comprar para ciudadanos ancianos-Immokalee Organizaci6n de la Comunidad para el Desarrollo de Vivienda (CHDO) colocar al lado Asistencia de Rehabilitaci6n para la vivienda de una familia sencilla- alrededor del Condado Servicio de recetas medicas en regiones rurales Asistencia para gastos de cierre para viviendas de familia sencilla Asistencia para el arrendamiento basado en la renta Adiestramiento y creaci6n de trabajos (Immokalee) Contrucci6n de centro de actividades para ciudadanos ancianos Soporte y adiestramiento de trabajo Adiestramiento y Educaci6n (Immokalee) $istema de informaci6n para el manejo de personas sin vivienda Organizaci6n de la comunidad para el desarrollo de vivienda (CHDO) operativo Feria de Vivienda- Educaci6n y Superaci6n Programas de Planificaci6n y Administraci6n (CDBG) Programa de Planificaci6n y Administraci6n (*HOME) Total $250,000 $250,000 $350,000 $700,000 $275,000 $204,000 $200,000 $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 50,0O0 $ 37,000 $ 3,000 $480,000 $ 74,000 $3,527,000 Periodo para Comentarios Pdblicos: Habrfi un perfodo para comentarios del pfiblico desde el 7 de Marzo de 2003 hasta el 7 de Abril de 2003 relacionado al Plan de Acc por un Afio. Durante este perfodo una copia preliminar del Plan estarfi disponible para ser revisada en todas las bibliotecas ptiblicas Condado de Collier yen la Administraci6n Financiera y el Departamento de Vivienda, 3050 N. Horseshoe Drive, Suite 275, Napl Florida 34104. E1 Condado de Collier responder~ pot escrito, dentro de 15 dfas, a todos los comentarios recibidos por escrito. Todo comentarios del pfiblico ser~n considerados para preparar el final del Plan Consolidado-Un Plan de Acci6n por un Afio de FY 2003-200 17F Acci6n Final La aprobaci6n del Plan Consolidado-Un Plan de Acci6n pot un Afio (afio fiscal 2002-2003) ser~ programada para el 22 de Abril en una reuni6n regular de la Junta de los Comisionados del Condado. Si usted necesita ayuda especial o servicios dirigidos po~ Americano para Personas con Discapacidad o alguien necesita que se traduzca o el uso de lenguaje de sefias, debe contactar a la of FAH al nfimero 239-213-2937, con dos horas de anticipaci6n para el dfa de la Audiencia Pfiblica. *Asociaci6n de Inversiones de Vivienda (*HOME): En este escrito,, *HOME los fondos estan "propuestos' para Condado de Collier. Aprovaci6n final en esta apropiaci6n todavia esta pendiente del HUD. 8.0 USER GUIDE 17F Basis of the Consolidated Plan and Annual Action Plan The United States Department of Housing and Urban Development (HUD) requires documentation to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (*HOME) program. The Annual Action Plan describes actions related to the announced entitlement funds for that year. In 2001, Collier County submitted the FY 2001-2005 Consolidated Plan, which serves as a five-year strategic guideline for the annual plans. The five-year Collier County FY 2001-2005 Consolidated Plan is available at all branches of the County's Library and at the Collier County Financial Administration and Housing Department, 3050 North Horseshoe Drive, Suite 275, Naples, Florida, 34104. Audiences Federal regulations and HUD guidelines def'me the required information and suggest formats. HUD and Collier County encourage the circulation of the documents to audiences throughout the county. It is believed that citizens and neighborhood groups as well as public, private and non-profit agencies can make use of the document and its information on Collier County needs, objectives and strategies. This document attempts to present information in a format that is easily readable by the public audience. Format Section Executive Summary for the Action Plan Citizen Participation Process Five-Year Strategic Plan One-Year Action Plan & Projects Certifications Beginning Page Number 1 10 29 68 Appendices 76 Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 84 Financial Administration & HOUsin~ 3050 Horseshoe Dr~ N, Ste. 275 ® Naples, FL ® 34104 Telephone: (239)403-2330 ® Fax: (239)403-233i Fax Transmittal From: 3-7~,_~.~r~- c.aiq Subj.: Return receipt requested: ~1 c~4,- .... ~ -- .s, ~, to follow by mQil: Wd Other: Messag.e Ii ~Yrnmokalee ~lle~.in P.O. Box 518 LaBelie, FL 33975 Affidavit of, Publication ~.~te of-F~orida -Coun~ of Hendry 17F Collier ~ I hereby ce~i[V that'a Citizen Participation -COnsolidated Plan Development PrOcess legal ad was placed in the Ca!o0sa Belle Mar_Qb 6, 2003 No{ary Pubttc Linde Jo Coombs. ~C -' .8674; 2 Oat~ NAPLES DAILY NEgVS Pub!ished Dady Naples, FL 34102 Affidavit of Publication State of Florida CounW o£ Collier Before ~c undersigned ~ey se~'e as the auCnonty, personally ~ppeared B. Lamb~ wl~o on ,ath ~aya that they a daily n~wspape~ publiMmd m Naples, m Co!liu~ Florida; dismbutc~ m Collier mud Lee co~Bes of Fl~da; ~e avachcd cnpy nf Ge advz~i~ing, Being a PIFBLIC NOT1CE m the ma~er of PUBLIC ~ .Or ICE was published m ~aid i mine(s) mtlle issue 'on Ma-cch 6, 264)g A~figmn~ ~rther ~ays Ih. at the sa~d N~plcs Dally News ~ a ncwspap~ ~Jblished at Napl~ ~ 8~ig Ce~ Co~n~ ~da, ~nd ~aat ~ year next preceding :he hrst pnbli~atitm of the a~ached copy of pubh~non m ~e s~id newspa~r~ ( s~gnamrc or i?F PI YBLIC' NO'! ICE COLLIER COUNTY, FLORIDA Parti¢ipaci6n Plibiica * Proceso Para Cons. lidar Un Plan de Desarrollo Un~ iHUD. ~ ~ Consa~id~a es un decum~, qua se u~ll~ p~ ~ pro~r~ ~ vivi~ y p~ra ia plan~flca~i~n ~ ia comunlda~ p~r~ el a~o f~scel 2003-~0~. L~ metes d~ Pta~ Habr~ una Jaca{izam6~' apr~tmada de $2.782~C~0 on ios ~ondo~ del Pr~grama de ta Co~ni~d mejoramienlo; t)~pleza, ~emoi~cibn, y e!iminambn de conslrucci6n y me~orami~nto; prOveer se~lcJos p~biicos ~ ~s ~ ~n~ c~ 24 CFR sscci~ 570. ~oxim~ta ~ 1~% H~ una pm~es~ AsectaciOn de Inventories de ~vi~a {*H~ prog~a se ha ~ig~do $745'~ para ta exp~si6~, p~a ~v~r ho~es decentes y ~ue se pu~an compeer ~ f~ili~ de ~o y may bajo ingmso. Los rondos de HOME deben sar usados para Programs de ~vi~da qua r~nan las ~e~da~s I~c~es y las p~d~. ~s ju~sdlcci~es p~ic~p~3 (PJ) fienen ia aex~i~ de desi~ar ,1 Pr~tam~ HOME e~ su ~ocaiidad denff~ ~ las re,as es~bl~tdas ~ !a r~ta ~a! 24 CFR ~ 92~ A~gunas posibles nctlvldade.s f~cl~ye Ja rehabilltac~6n de pmpletaH~=du~ de tn aslster~ia ~ raffia ~[ i~q~in~ y a~ en el dop6~ de p~ ~ PJ ~m~lbn ~ inv~ir patrocl~s per organtzaciones del Oesa~ollo de la Vivlenda C~munltada {CHDO"s), y qua resuita~ M~of~lento en ~aje - Ci~ de ~ao isled Mejo~i~to ~ p~es de recr~ - Cfu~ de ,Naples Adquisicion de t~e~as para e! desarrollo de viviendas qua se puedan comp~r ~orte p~a la ~fr~r~t~ra de oa~s ~e se ~edan cam~-Habi~t t~ Huma~ $7~,000 De~r~o de ~vi~da qua se ~a~ comber para c~ua~anos an~anos-lmm~ee $~5,000 Or~nlzact6n de Ja Cemuni~¢ para et Desarro}lo de Vivienda {CH~) cofocar ~ lado $204,000 ~iste~ de ~bihtaei~ p~a ia yWCa de ~a fa~l~ ~it~- ~[ d~ C~ A~stencia para gastos de cle~ para viviond~s de ~amilia sencllla $t~,000 A~es~Jento y cm~i6n de b~os (immokaiee) $1~,000 ~n~ruccJ6~ de cent~ de acUv~dades psra ciu~annos ancianos $ 83,~0 Adtes~mianto y ~a~i~ (Immok~} S~stema de i~formac[~n pa~ ~ m~n~o de personas sm v[vJ~da $ ~,~0 Org~i~a¢i~n ~ ~e c~ para ~ d~ da v~i~ (~O~ ~e~o Programas de P~anificacio~ y Adm~nistrncl6n (GDBG) ~80,000 Total HabrA u~ ~edndo per~ com~ntaH~ del p~bllce desd~ el 7 ~ Ma~o de 2~3 haste el 7 de Abdl de 2~3 re~n~ ~ Pi~ ~ A~ pot un ~. D~nt~ es~ pe~:o~o ~A ~pia prel~ del Pi~ disponible para set mvi~ e~ todas las bibltotec~ p~biicas d~ Condedo d~ Colli~ Ad~inistracio~ F~a~c~em y el Depa~sme~lo de VivieRda~ 3050 N. Horseshoe Ddw, SaRa 275, el final del Plan Conso)idado-U,~ Pian de Acci$n por un Aho de FY 2003-2004. Accibn Final LA eprobacih~ del PlAn Consolidado-Un Plan de Accib~ pot un ~fio (aFro fiscal 2002-2003) pro~a p~a ~ 22 ~e ~d) del 20~ ~ ~a r~ni6n f~i~r ~ ~ durra de I0~ C~O~ Cold,de. Si usted nec~ita ayuda esp~iel o s~icios didgidos pot El Acto Amenc~o pa~ co~ Djscapacid~d o alguien ~ecesita qua se t~uzca e el ~so ~e leng~aje ae sehes, ~ebe contactar a P6blica. 'A~ciacibn de lnversiones de Vivienda (*HOME): En este escrito,, *HOME los fan,os espn ~p~es~s' pa~ e! C~d~ ~ Co~. ~row¢i~ l~al sa esla ~i~ ~da~a ~a N~. 99707335 MarcD 8 2.C~..3 PUBLIC NOTIC[ Citizen Participation - Consolidated Plan - Development Proc -/F Colt~cr Coun~ is devetopi~g ~a Consolidamd P~an One year Ac~on Plan, The Consolidated CP is a document, which is used to guide housing programs and ~o~-ho~siRg planning for fi~al year 2~2Q~. ~e goa!s of the CP ~e to: p~o'~ ~cent. ho~ provide a suit~ie tivi~g environment: and expend ~onomic oppo~unlties for ve~ ~ow, Iow and moderatedncome pe~ons. The One-Ye~ ~t~o~ Plan will be used to dateline There will ~ an allocation of ~proxima~ly $2,782,000 In Communi~ Development BlOck ~t (CDBG) ~s. ~i~]e ~i~ i~de, ~t are not t~B~ to: acquisition of real prope~; a~quisition, const~cUon, rehabJfitation or installation of public' facilities and improve~ts[ c~=, dem~fen, ~d rem~a[ of b~td~g ~d ~pr~en~ provision of p~iic semites and faciliti~ in ~oraance wJ~ 24 CFR ~ 570, App~xfmate~y 100% of the total ~Jocat[on wiJ~ benefit low and mo~teqncome pe~ons. There is e pto~sed Home lnve~ent Pa~erships (*HOM~ priam ~Jooat~n of $745,~ ~e expand the sup~y of decent, afford~le heusing for Iow and ve~ Iow-income f~)iiies. *~E ~ ~ ~ ~ ~ ~ pr~ ~ ~ ~oc~ n~ds and Pa~icipafing Jurisdictions (P J) have flexrbili~ in designing their Ioc~ "HOME prog~ms withi~ the g~deiJnes ~t~$~d ~ Fig~ Ru~e 24 CFR ~ 92. P~sible ~fivl~es in~u~ reh~ilitation of owner-occupied h~me~ t~ant-ba~d mntat assi~a~e, ~d down paym~t assistance. A PJ must ~so invest (~t aside) at least 15 ~rcent 05%) of its totat *HOME ~~ ~ pr~ ~ha~ ~ ~ne~, d~elo~ ~ S~nsored ~ ~mmuni~ Housing Development Organizations (CHDO'sL and whiCh result in the development of ho~wnem~p o~ rent~ units. ~proxime~ty lQ0% ef ~e ~ at~ocafioa ~ill ~nef~ Io~ ~d ve~-low income pa~ns. The propos~ One Ye~ Actten ~an fo~ fiscal year 2Q03-2~04 incl~s the activities: Storm Dr~e I~mveme~ - City of M=ce i~d Pink lmprovemem - Ci~ of Nsp~s $2~.000 Affordable Housing Development ~nd A~uisitio~ $350,000 Senior Citizen Affordable Housing Dev~opment (Immokat~) $275,000 Com~nity H~sing ~eiopment ~g~afion (CH~) s~de $204~000 Single-family Housi~ Rehabili~tion Assistance- Count~ido Rural Prescription Medication Se~ice $130,0~ Tenant Bas~ Re~tai A~istance - Coun~ide $100.000 Job Creation and Training (l~o~ee} $1 Senior Citiz~s Acfivi~ ~nter Construction $ 83,~ Job Training and Sup~ (Immokatec) $ 60,000 Homeless Man~me~t tnf~mation System $ 50,000 Community Housing Development Oral.on (CHQO) ~erafing $ Fair Housing - E~cation a~d Outreach $ Program ~ann~ng and Administration (CDBG) Pr~ ~n~g ~d ~gtr~i~ {'HO~) ~ 74,~0 Total ~e w~ll b~ a pob~i~ ~omment pedod ~om Ma~ch 7, 2~ to Apri~ 7, 2003 re~ardJn~ ~he One Y~ ~n Plan. Du~ thi~ ~d, ~e ~a~ ~an ~ ~ ~ f~ mvl~w i. a~ of the Co~'s public libraries ~d ~ the ~J~8~cJat Administration ~ Hou~ng Depa~m~t office located at 3050 N. ~oe Ddve, ~to ~75, ~[es~ F!ori~ 3410~ The CP available in a fo~at accessible to per. ns with di~bllities upon r~uest {239-213-2937). The County w~ respond within 15 days, in wdtlng, to ali wri~en comments, AJJ comments ~ clt~9 wilt ~ con~ in pr~ad~ -t~ ~ C~sol~ ~n'~e Ye~ Plan ~ 2003-2004. Fi~ Adoption of the Congolida~ed Plan O~e Year Action Plan (~ ~003-~) is schedt~eO for A~ ~ 2~ ~ a r~ m~Eng of ~e ~d ~ C~m~ ~m~~ If you r~e s~iai aid or 5e~ic~ as addr~sed In the Americans with Disabil~ies Act or require someone to tr~slate or si~, please contact the FAH office at (239) 213-~37, no tat~ t~ ~o ~ days pdor to the Public Headng date. *Home Investment P~nemhips Program (*HOME): At this wdting, *HOME funds are 'pm~' f~ Col~ Coup. ~ a~ o~ ~ ~pr~t~ is st~ pending from ~D. ' No, ~9707334 ~rch 17F MEMORANDUM Date: To: From: Re: April 23, 2003 Janeen Person-Coale HUD Grants Coordinator, Collier County Financial Administration & Housing Trish Morgan, Deputy Clerk Minutes & Records Department FY 03-04 One-Year Action Plan (Resolution 2003-156) Enclosed please find three (3) certified copies of the Resolution 2003-156 as referenced above (Agenda Item #17F) and other related original documentation (Certifications and HUD Forms SF 424) with two (2) certified copies of each, as approved by the Board of County Commissioners on Tuesday, April 22, 2003. If you should have any questions, please call me at 774-8406. Thank you. Enclosures NAPLES DAILY N[ Published Daily Naples, FL 34102 Affidavit State of Flori( County of Colli Before the undersigne appeared B. Lamt serve as the Assistan a daily newspaper p' Florida; distributed ir the attached copy of PUBLIC NOTICE in the matter of PUB was published in said on September 26, Affiant further says that published at Naples, in sa newspaper has heretofore County, Florida; distribut each day and has been en office in Naples, in said year next preceding the advertisement; and affim promised any person, t comnfission or refund for publication in the said nex ( Signature of affianl Sworn to and subscn This t2,7th day of S (S~gnature of notaryI OPPORTUNITY ,PUBLIC NOTICE. ,P ~UBLIC NOT[CE Z7F COLLIER COUNTY, FLORIDA Citizen Participation - Consolidated Plan Development Process Collier .County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the .U~S. Department of Housing and Urban Development (HUD). The CP is, a document, Which is used to guide housing p~grams and non-hOusing community planning for flecai.year 2003 2004. The goa!s of the CP are to: provide decent rh0uSJng, provide a suitable living environment;'~ and expand economic opportunities for very Iow,, Iow, and moderete- income persons. The One-Year Action .plan will be used to determine expenditures on program projects for fiscal year 2003-2004. Anticipated Yearly Grant: Approximately $2,700,000 Eligible .Activitias:"a~qulaition of real property; aoquieltion, construct,on, rehabilitati0n or Installation of public facilities .and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and' facilities in accordance with 24 CFR'l§, 570. Approximately 100% of the total allocation will benefit,low and moderate-income persons. Citizen Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing and community development needs including priority non-houelnb *.community development needs for the purpose of developing a Consolidated Plan for FY 2003-2004, ~ The hearing will be held at t~olocati°ns: Monday, October 14, 2002 Wednesday, October 16, 2002 at 6:00 p.m. at 6:00 p.m. Immokalee Community Center Golden Gate Community Center 321 N. I st Street 4701 Golden Gate. Parkway Immokalee, FL Naples, FL Public Workshops: There will be two public ~wo.rkSl~l.~.~ops offering technical assistance:by County staff to answer questions potential applicants may have about the CDBG application. The workshops will be held at two locations: Monday, October 28, 2002 Wednesday, October 30, 2002 at 6:00 p.m. at 6:00 p.m. Immokaiee Community Canter Golden Gate Community Center 321 N. 1st Strest 4701 Golderi Gate P~kway Immokalee, FL Naples, FL If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. A Spanish-speaking interpreter will be available at both meetings. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Pu State of Florida PUBLIC NOTICE OIIPO#TUNITY PUBLIC NOTICE PUBLIC NOTICE COLLIER COUNTY' FLORIDA se..~ca o el urn3 de lenguaje de seflas, debe oontactar a la ofi6qha de Adminlstraci6n Financlera 'de Condado. de-County y De, tuff,mentor de Vivienda al (239) 213-2937, no mas tarclar dos dias de anticipaci6n para el dla de la Audlencia Publica. Un interprete de bahia hispana esta~ en ambas reuniones. County of Collier j de acci6n del aisc. El plan consolidado (CP) es requeddo por el / Departamento de vivienda y Desarrollo Urbano de los Estados Before the undersigned they set Unidos (HUD). El Plan Consolidado es un document0, que se Utilizp appeared B. Lamb, who olpara dirigir prog.ramas de vivlenda y para .'planificaci6n de I.a. serve asthe ^ssista-tCo~por4 comunidad 2003 2004. Las metas del Plan Consolidado son. a daily newspaper publishedI , Pm[30.....r~. ~., vivienda decente; pmpomionm' un ambiente Florida; distributed in Collier 1t .~~e~Y q~ampli6.1as oportunidades econ6miCas para muy the attached copy of the adv "~i '~¥ !~: personas de ingmso moderado. El plan de acci6n de PUBLIC NOT[C~ un 'atio~ ~ Liflllzado para determinar gastos en los proyectos del programa.por el ejercioio eoort6mico 2003-2004. i~ the matter of mm[~[c NO: Cantidad Ant~ Coneedida:Aproximadarnente $2,700.000. was publishedinsaidnewspal: Act/v~--'E~ Adquisici6n de una propiedad; adquirir, on September 26, 20O2 construir, mhabilttar .o instalaci6n y de mejoras de facilidacles p~l..i~;.ligu, i. daci6n, demolici6n, y remoci6n de edificios y mejoras; ^ff~nt ~tbe~ ~Ts that the said ~a 'y prt)91si6ii de...sergiciOs:, ptiblicos y facilidades de acuerdo con 24 published at Naples, in said Collier C ncwspap~ h~she~etofo~ebeencom CFR~oon 570. Aproximadamente el 100% de la asignaci6n total coun,, ~lo~da: diet, bated i~ Collie' beneflclara a personas del majo y moderado ingreso. each day and has been entered as sec~ or~oe in ~aples, in ~id Collie~ ¢o~ Apottagt~n del Publico: El prop6sito de esta audlencia publica seffi y~a~ n~xt p~ec~din~ t~e ~r~t puUi, sollcitar opinionee del ciudadano sobre las necesidades de vivlenda advertisement; and affiant further sa pror~s~d a~y person, ~m o~ cor~ y de~u'rollo de la comunidad para el Condado de Collier, incluyendo ~om~s~on or ~,,~a ro~ the purpos, darle prioridad a las necasidadee de dasarrollo de la oomunidad con publication in the said newspaper. /~ .~,/ · fin de enmendar el Plan Consolidado de Acci6n por un Afio para el ~ a~o tim:el..2003-2004. ( sighature of affiant) La audlencla seth Ilevada a cabo en dos Iocalizaciones: Lunes, 14 de octubm de 2002 Mi6rcoles, 16 de octubre de 2002 Sworn to and subscribed befo] a las 6:00 p.m. a las 6:00 p.m. Immokalee Community Center .... Th, isf)Tth day of Se__ptembe, Golden Gate Community Center /'~'['///"7¢/~E!../'~[~! 321. N,l.:~,re~ ' . . ' ' 4701 Golden uam Parkway Immokal~, FL ' Naples, FL ' ('s,:~atk.;~o~.., ~.'°~;,~"~n°ta~/c~,~.~,,,~public) Telle~ Pu~lico:' van 'aver dos talleres p~blicos- ofreciendo asistencia ~ ~ ~-~:o~,~,,,~.::,~ ,~0s tbcnica por el personal del Condado para contestar preguntas '~,~L:,.? ~:~, ~.-, -.-.,~,~,-.,,~..~, acema de la aplicaci5n del CDBG para los posibles aliCantes. L°e· tallere. ,~'an Ilevaclos a cabo en dos Iocalizaeiones: Lunes, 28 de octubm de 2002 Mi6moles, 30 de octubre de 2002 a la~ 6:00 p.m. a las 6 p.m. Immokalee Community Center Golden Gate Community Center 321 N. 1st Street 4701 Golden Gate Parkway Immokalee, FL Naples, FL Si usted necesita ayuda especial o servicios dirigidos por el Acto Americano para Personas con Discapacidad o algulen necesita que Participaci6n Publica- Proceso de Consolidaci6n para el Plan de Desarrollo El condado de Collier est& desarrollando el plan consolidado un plan PUBLIC NOTICE EQUAL OPPORTUNITY PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Citizen Participation - Consolidated Plan Process Collier County has been notified by the U.S. Department of Housing and Urban-Development (HUD) that the County has been proposed to receive Home Investment Partnerships (HOME) Program funds. To receive funding, the County is required to develop a plan to utilize these monies in a coordinated'manner. Collier County will be' amending its 2001-2005 Consolidated Plan to add the HOME component.._ The HOME program was signed into law as Title II of the CranSton Gonzalez National Affordable HoUsing ACt in 1990 and first funded in 1992. The HOME prOgram helps to expand the supply of decent, · affordable housing for Iow and very Iow-income families by providing funds to States and loCal governments referred to as participating jurisdictions, or "PJs." PJs use their. HOME funds for housing programs that meet local needs and priorities and have flexibility in 'designing their local HOME programs within-the guidelines established by the Final RUle (24 CFR 92). The HOME Program establishes limits for rents, income,-purchase price, and per unit subsidy limits. · Proposed HOME Funding Amount: Approximately $800,000 Range of Activities: The County is able to undertake a wide range of activities under these programs that benefit Iow-income people, or are located in areas where the majority of the people living there are Iow,income. Possible activities inclUde rehabilitation of owner- occupied homes, tenant-based rental assistance, and downpayment assistance. A PJ must invest (set aside) at least 15 percent (15%) of its total HOME allocation in projects that ~are owned, developed or sponsored by Community HoUsing DeVelopment Organizations (CHDOs), and which result in the development of homeownership or renter units. Citizen Input: The' purpose of this public hearing will be to solicit citizen views on Collier County's housing needs for the purpose of developing an amendment to the County's Consolidated Plan for FY 2001-2005. ' ' This public hearing is not to discuss specific housing proposals. The public hearing will be held at two locations: Monday, JanUary 6 6:00 p.m. Tuesday, JanUary 7 -6:30 p.m. Max HasseCornrnu~ Park 321 N. 1st Street 3390 Golden Gate Boulevard, W. Immokalee, FL Naples, FL A Spanish-speaking interpreter will be available at both meetings, ff you require spec/al aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and. HouSing, Department at (239) 213-2937, no later than two (2) days pdor to the Public Hearing date, ' PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE Avl. so d.e audle, ncla publica 4C Part, cipacK n de cludad.anos - Plan el proceso consolidado El condado de Collier ha sido notiflced° pot el Departamento de Vivienda y Dasarrollo Urbano (HUD} qua es elegible para comenzar a recibir anualmente rondos del subsidio Federal del programa Inversibn de Sociedades (HOME'}. Para recibir subsidio, el condado debe desarrollar Un plan para utilizar estOs rondos pQblicos de una manera coordineda. Este plan es Ilamado "PLAN CONSOLIDADO." El condado de Collier estar~ enmendando su agrupaci(~n o (bloque} de subsidio para el desarrollo de la comunided 2001-2005. Este plan Consolidedo incluye el HOME rondos (Fondos Hogarefio). El programa Hogarefi0 fue flrrnado y hecho lay de la misma manera qua el "Titulo 11 de Cranston Gonzales Acto'Nacional de Vivienda COmoda de 1990 (Title 11 of the Cranston Gonzales National Affordable Housing Act in 1990) y por primera vez fue financiado en 1992. El programa hogareho ayuda a desarrollar y proveer vivienda decente para familias de bajo y muy bajo ingrasos a trav6s de suministrar subsidios a estados y goblemos locales referidos come jurisdiccionas participantas, o "PJs." PJs usan los subsidios hogarer'ios para financiar programas de viviendas qua satisfacen necesidadas y prioridades locales y qua tengan flexibilidad en disefiar su programa hogareflo dentro las regulaciones establecidas por la Regla Final. El programa Hogaraho establece limites en mnta, ingresos, precio de compra y Iimitas de subsidio por Unidad. Donaciones anualas anticipadas: Aproximadamente $800,000 Alcance de actividades: El condedo asta capacitado para emPrender un alcance extenso de actividades bajo estos programas que beneflclan a personas de ba]o ingraso (o personas de salario bajo), o personas ubicadas an ~u~as donde la mayon'a tianan un salario bajo. Actividades poalblas incluyen' rehabilitacibn de viviendas alquiladas por propletarios, aalstencia c~:t ia renta basado an la capacidad de los inquilinos, y asistencla con el pago de entrada. Una Jurisdiccibn Participante, o "PJ," requiem una inv. ersibn de 15% de los rondos totalas dedicados al pr0grama "'HOME" para proyectos donde uno es duefio, o proyectos originados por la Organizack~n Hogarefia de la Comunided (CHDOs) y que resultan en la creacibn de unidedes de vivienda para mn.tar o Ilegar a ser duefio. Participaci~n de cludadanos: El prop~ito de esta audiencia publica ser~ de.solicitar de los cludadanos su punto de vista de las necesidades de la vivlenda del condado Collier y as! poder cle~arrollar una reforma a la CDBG Plan.Consolidado para recibir rondos pGbl!cos para los anos 2001-2005. En osta audlencle publica no se~dlecutir,~ de ninguna manera como ..... ~scrJbir. especl'ficamente las l~_Op_Uestas de subsidio. La audlencia publica ,er~ en dos ubicacionea: Lunes, Enero 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Tendremos interpretes en espa~ol para las dos audiencias Martes, Enero 7 - 6:30 p.m. Max Hesse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Si usted requiem asistencia o servicio especial establecido por el acto de Arneric, anos con desabilidades o si requiere traduccidn o aiguien qua firme ~ U_sM, ~ .~__,~__~, _comu. n~cars, e c_,~.,, el d~..e~p~.~amento administrativo de ~narGas y v/v/encTa clei'Conclaclo cie ~ at telerono (239) 213-2937, por ~r de Ilamar (2) dias antes de la fecha de. la' audiencia publica. ~ ~ NOTIC~ '~PUBLIC NOTIC~-~'~'3 o ...TY, : oko ' I C ~impatton - ~ ~~ ' · Consohdated Plan ~ ~s ~ ~] o merit Proces published D~iiy o,,.~ .. ~.elid~ PI~ O~, Year ?~~pment (Hm. T~e N~pies, FL 34102 =~ o~eloping the t of H~ug ~ U ousin commumty ~ai~ Cou~ . ~ s and non-h g ~e U,S, ~ n mgmm . ~ ~i~ ~ - · o uide housi g P i~ us~ t g m to: provide d~ent housing; 3-~, ~ ~ lc o po~un ine Affidavit ( ~cP ~,, ~'- ~' ' ~ ~' oP ~ ,~o~ ~o~ ~o~ ~o~. ~o~ .1~ for fl¢.y~ ~i---m~t; and e~nd ~222~,..P~ill be used to doterm State of Flori~ ~ .~.~m, ~.,..,~ay,~3-2 · ~m~Y $2,782'~ in Oommuni~ Development Slock CouB~ Of Colli ~-~ ~ p~ ~1~ ..... t limit~ to: acquisition of real ~ ~afl~ of ~ ~--lude, bffi am ~o ......... blic facilities and ~ a,~. ~gi~e ~wu~,~.fl n or instalaaon m ~- and Before the ~dersign~ G~ ...... e~m~on, mn~ ...... o building and improvements; appeared ~ ~ d~MRion, ~d mmov~ of Approximately serve as ~e Assistan ~d ~c~R~s in ~ooffi~ce wi~ 24 CFR ~ 570. a daily newspaper P ~ ~ ~ ~ ~11 ~t icw ~d m~e~income pemons. v~effi p~nemhips (*HOM~ program allocation of $745,000 Florida; dis~ibuted h w and ve~ iow-income families. ~ ~. e~~ Hole.in .... ~ · ~ual~ f~r Io ..... ~ needs and pnonbes, ~e aRached copy of " .....;~'~ .~v M d~, ~'.~ n~mms th~ mee~ ~u~,__.l *HOME programs tO S~ u~ ----rr-- ~r noum-~ ~,-- ~ their to~-, -- · · · ' de · HOME ~ds mu~ ~ ~ have flexiblliW i~ ~[n~g=o Possible act~wt~es mclu y~L[C NoT[C~ ~cl~ jufl~i~o~._~J.~ by Fi~ Rule 24 ~rn ~, ~;stance, and down w~in ~e. gw~::.. ~cua~ homes, [~[~/'-T .__~ ~. nercent [1 ~vo~ m ~e maker of P~ mh ill.iOn m ~'U~:'~nu~ (~t ~i~e) ax le~ -- - SO~ by communi~ Housing =~. A PJ m~x--' _t ~, develoPS. ~[ s~,,,, in the development o~ .... ,~. in n~ ~ ~t am,~,.x ~d which [~*-~ _"' tton wdl benefit Io~ alt~ ' . ~..i.~ons t~ ~ 7' .... 4~. of t~e total all was published ~ sak , ...... I n - dca' ' ' on March 6, 2003 -- kl. ~r m~ ~ ....... h~~.,~ -- .- Affi~t fu~her says ~at ~ ~-[OW i~ ~8. published atNaples, insai ~8 pm~ O~ Ye~ ~ion Plan for ~ year '2003-2~4 includos the followin, $250,000 new~aper has h~etofore ~ m~ i~p~ve~effi ' CiW of M~o laird $250,000 CounW, Flohda; dis~butt each day and has be~ ent g~'X~'~;~e~ ' O~ pf N~.,d A~Ulaltion .... $350,000 ~--~' -'- ~o mom ~, · ~umanay $700,000 or, ce ~n ~aptes, in said ~ HouSing ~v P ~- Habl~t for Affo~e .... ~.,~ure ~ppo ....... ualee~ $275,000 ye~ next prece~ing the U~ umw-- 8~ [m-,~ .... . A~I~ Ho ~e Housing ~v~o~,__ ,~H~] set-~de $204,000 adve~isem~t; and affian ~ ~' aflt~lO- t~ · ~r ~el~meffi O~ u ida promised ~Y person, fi .... ~R~ ~O~ffi~ ~ ......... *-alamo - OO ~ co~ission or refund for 1 ~--. ,-~ ~ ~ll~lIOn ~ publication in ~e said ne~ ~ngle4~ilY H~u [~]~-~on Sewioe ....... ~ide Ru~ P n ~wn pa~ent A Ten~ ~ ~"~ ........ c ( Signature Sworn to and subscri ('~gnature of notary 1 ~,~o~J~ Expires Sept $200,000 $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 50,000 $ 37,000 $ 3,000 $480,000 Job Crea~Jon ~_l'.?iZ!~nerm~o~n~e~~on Senior Citizens ~.~1~,,7 Job Training and Support {Immokalea) Education & Training (Immokalea) Homeless' Management information System un~ Housing Development Organization {cHDO) OPerating _Co~,m._u.n_l~. Education and Pair ~oum2;- ', .... ,~ Administration ennlng '",,'* '~ Program P_! ..... .~ Administration (*HOME) Program planning m,u , Total public Comment perled - - March 7, 2003 to April 7, 2003 re.gard!r Them will .be.,.__ ,,,~, uuring this peri_.od, . ..... ~.~ dministrazion a .n ,..,., ~,4 The t~ year Aoa~ r,-,... .... .=_. an in We mnm,,.,-, _A.~..,-..~ Florida ~+'" ..... -~.'"-....,.fv's °ublic iiDranwo ...d___ ,..~.~ Suite gte, ..~,,..s, (239-213' tne ~,,,-,.-,-.. . ~ M H noe ~-,--, o~ ic~" ..... ~:~l~e to pera~n$ with disabilities upon request available a format in will d wRhin 15 days, in. v~..ing_, to. all written comments. All cor~ The Co..u. nty_ ..~11 ~r~P~o&~(~ered ~ preparing tiaa final Consolidated plan One Year f/om ORIZ~ _~_"_ ~ Plan FY 2003-2ou~. n Plan (FY 2003-2004) is sched~ Iqnat Acfll~l~ ...... ,.~.. n Year Acrid ..... m'ssioners. If you .... -.... of the Consolma~__~2E~ ~h~ Board of county ~m~m~2.~qities Act or Apl1! v.z, -..~}~__'.'.~;h~ as addrease~ ~.n__u.~.[-~H office at [239) ~ - state or sign, pi _ ~.~. , fu ~omeone to:iran . ~.-. =~,~di~. Hearing g=~'. HOME HOME)' At this writing, ~o {2) ~ pl~or m ~-~ .- ..... pending ftc - ,--.,..,-,--,hi~ program {* .. '----.-riation is still *Home .Inv~ ."~ZZ.~;:~r~ approval on ~nis ,proposed' for Collier Goumy. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of State of Florida County of Collier Before the undersigned they appeared B. Lamb, who serve as the Assistant Corp, a daily newspaper publish¢ Florida; distributed in Collie the attached copy of the a( PUBLIC NOTICE in the matter of PUBLIC N( was published in said 1 tim on March 6, 2003 Affiant further says that the said lX published at Naples, in said Collier newspaper has heretofore been cont County, Florida; distributed in Colli each day and has been entered as se office in Naples, in said Collier Cc year next preceding the first publ advertisement; and affiant further~ promised any person, firm or co commission or refund for the purpos publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed bef( 6~/~. of March, 2003 '(~gnamre of notary public) ;.o-.j~j~.,~ Donna Chesney Expires September PUBLIC NOTICE PUBI~IC NOTICE PUBLIC NOTICE EQUAL NOUSINO OPPORTUNITY COLLIER COUNTY, FLORIDA Parti(:ipaol6n PGblloa -l)ro(:e.o Para Consolldar Un PMn de DeseX)? F El Condado de Collier asta dasarrollando El Plan Consolldedo-Un Plan de Aoclbn ~ un AJto. El plan consolidedo (CP) aa requerldo por el Dapertamento de Vlvlanda y Dseerrollo Urt:,mo de IDs Estados Unidos (HUD. El Plan Conaolldedo as un documento, quo se utlllza para dlflglr programas de vlvlanda y para la planlflcaddn de la comunidad para et ~ flm3el 2003-2004. Las metas del Plan Consolidedo son: proporcqoner una vlvlande decants; PrOi3orolonar un buan ambients; y qua ampli6 las oportunidedse econ6mlcas para las personas de muy baJo Ingraso, bajo o moderado. El Plan de Acel6n de un Aflo ~ utlllzedo para d.etarmlnar gastos en los proyectos del programs por el alto fiscal Habr~ una Iocalizanidn aproxlmada de $2,782,000 en los rondos del Programs. de la Comunided (CDBG). Algunas de las actlvidadse que son eleglblse, pew no ast/n Ilmltadas para: compra de propleded; adqulelol6n, construcci6n, rehabllltaol6n o Instelanl6n de faollldedse p0bllcas, y meJorsmlento; Ilmpleza, demoliol0n, y ellmlnaci~n de cormtruocl6n y meJoramlento; provser servlclos p0bllcos y facilldadas en conformlded con 24 CFR seccl6n 570. Aproximadernenta un 100% del total asignado pueden baneliclar personas de nlvel de Ingrseo bajo y moderedo. Hay una propuosta Asoelaoldn de Inverslonse de VIvlenda (*HOME) programs ae ha setgnado $746;000 para la expanel~)n, para proveer hogeras decentse y qua se puedan comprar para famillse de paJo y muy pa]o Ingrseo. Los fondos de HOME deben ~er usaclos para Programas de Vivlende qua refinan las necseidadse Iooslas y las prloridades. Las jurledi~clonse pertiolpantse (PJ) tlanen la fiaxibilidad de eelgner el Programs HOME en au Iocalldad dentro de la= reglas seteblecidas en la regla final 24 CFR 92. Algunas'poelblas actlvIdadas Incluye la rehabilltacidn de propletarto-dueflo de la vivlanda,- Istencla de rents del inqulllno y aslatancla en el dep/~ito de pago. El PJ tambEm debs Invertlr (colocer el lade) pot Io menoa un 15% de au total asignedo an proJectos qua son propios, desarrolledos patroolnedos pot organlzaolonse del Dsean'ollo de la Vlvlanda Comunltarla (CHDO"s), y qua rasultarfa eft el dseerrollo y la poseal6n de vivlanda o unided da rents. Aproxlmedamente un 100°/. de la asignacl6n banefiolara a personas de ba/o y muy ba]o ingrseo. MeJoramlento en dranaje- Ciudad de Marco Island $250,000 MeJoramlento de perquse de recrso - Cludad de Naples $250,000 Adquialol6n do tlerm~ para el deserrollo de.vlvlandas qua se puedan oomprar $350,500 8oporte para la Infrasetructura de casas qua se puedan comprar-Habitat for Humanity $700,000 Desarrollo de Vivlanda qua se puedan comprer para oludedenos anclanos-lmmokelse $275,500 Organlzaci6n de la Comunidad para el Dseerrollo de Vlvlenda (CHDO) colocer al lado $204,000 Aelstencla de Rehabllltael6n para la vlvlenda de una familia senollla- elrsdedor del Condado $250,000 Servlcio de reosta~ medicas en reglonse rurelse $130,000 Aelstencla para gastos de clerra para vlvlendas de familia sencllla $100,000 Aelstancla para el a~andemlento basado an la rents $100,500 Acllsetramlento y crsaci~n de trabaJos (Immokolas) $100,000 ~1~11 de:eentro de acflvidedse para cludadanos anclanos $ ~3,500 8oporte y edlsetramlanto de trabajo $ 50~500 Aclle~ramlanto y Educaol~n (Immokalae) $ 54,000 81sterna de Informanl6n para el maneJo de pemonas eln vivtenda $ 50,500 Organizaci6n de la comunlded para el daserrollo de vlvlende (CHDO) operativo $ 37,500 Ferla de Vivlanda- Educaci6n y Superaol6n $ 3,000 Programas de PlaniflcaolOn y Administraci0n (CDB43) $480,000 Programs de Planificanl6n y Admlnlatraci6n (*HOME) $ 74,000 Total Perfodo para Comentaflos POblloos: , ..~ ~.., Habr~ un perlodo para comentados del p~blico dsede el 7 de Marzo de 2003 basts el 7 de Abril de 2003 relanlonado el Plan de Acol6n por un Aflo. Durante aste perfodo una copla prellminer del Plan astar& dlaponible para sar revimada en todas las blbilotacas pObllcas del Condado de Colllar yen la Admlnla~raol~n Flnanclem y el Depertamento de Vivlanda, 3050 N. Homsehoe Drive, ~ulte 275, Naptas, Florida 34104. El Condado de Collier rseponcla~ pot secrito, dentro de 15 dial, a todos los comenterlos reolbldos por secrlto. Todo los comenterios del p~bllco ser&n ~onsidemdas para preparar el final del Plan Oonaolldado-Un Plan de Acol~n per un A~to deFY [~)03-~004. Accl6n Final La apmbacl6n del Plan Consolidado-Un Plan de Acol6n por un Nto (a~io fl~el 2002-2003) pregm~!tKla'~l~!~a el 22 de Abril del 2003 en una reuni6n regular de la Junta de los Comlelonedos del Condado. 81 ustad necasita ayuda especial o asndclos dlrigldos por El Acto Amerlcano para Pemonas con Disospanlclad o elgulan neosalta qua se tmduzca o el u~o de lenguaJe de seflas, debs contactar a la oflolna de FAH al n~mero 239-213-2937, con dos horas de anflolpanl6n para el dla de la Aud~ancla P0blica. *A~oclaolOn de Invemlonas de Vlvlenda (*HOME): En sets secrlto,, *HOME los rondos satan "propuastos' para el Condado de Collier. Aprovanl6n final an asta aproplaci6n todavfa sets pandlanta del HUD. No. 99707336 Mamh 6, aO0,1 9mmokalee ~ullefin P.O. Box 518 LaBelle, FL 33975 Affidavit of Publication State of Florida · County of Hendry Collier County Housing I hereby certify that a Citizen Participation -Consolidated Plan Development Process legal ad was placed in the Caloosa Belle March 6, 2003 Notary Public Linda Jo Coombs ,My ComrmsS~O~ CC867472 Expires August 30, 2003 Linda Jo Coombs. #CC 867472 Date RESOLUTION NO. 2003 --1.&6- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administrativn and Housing (FAH) to transmit the Plan to the proper funding Page 1 of 3 17F authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME Programs. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 2 of 3 17F This Resolution adopted this twenty-second day of April 2003, after motion, second and majority vote favoring same. DVCJ~HT,I.EI'BR~,jCLERK ~pProv~r21[a P~rick G. ~e' Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS iyl CO~N~ /4-2.2-03 Page 3 of 3 "EXHIBIT A" 17F Funding Resources: Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over ftmds from FY 2002-2003 Total Available CDBG funds $2,778,000 50,000 $2,828,000 HOME Investment Partnerships Program Grant (HOME) FY 2003-2004 793,929 Total Available HUD funds for FY 2003-2004 $3,621,929 Activities to be Undertaken: Project CDBG Activity / Location Responsible Sub- Amount Number Recipient / Agency CD 04-01 Stormwater Drainage Improvements - Marco Island City of Marco Island $250,000 CD 04-02 River Park Community Center - Naples City of Naples $250,000 CD 04-03 Affordable Housing Development Land Collier County FAH $350,000 Acquisition CD 04-04 Affordable Housing Infrastructure Support - Habitat for Humanity of $700,000 East Naples Collier County, Inc. CD 04-05 Senior Housing - Immokalee United Church Homes $275,000 CD 04-06 Prescription Medications - Countywide Collier County Department of $130,000 Human Services CD 04-07 Job Creation - Immokalee Harvest for Humanity, Inc. $100,000 CD 04-08 Senior Center Addition - East Naples Collier County Department of $83,000 Parks & Recreation CD 04-09 Job Training & Support - Immokalee IMMCAA $60,000 CD 04-10 Education & Training - Immokalee Empowerment Alliance of $54,000 Southwest Florida (EASF) - Kaleidoscope Project CD 04-11 Homeless Management Information System Collier County Hunger & $50,000 Homeless Coalition CD 04-12 Immokalee Youth Program EASF - Youth Project $50,000 CD 04-13 Fair Housing - Education & Outreach - Collier County FAH $3,000 Countywide CD 04-14 Program Planning & Administration CDBG Collier County FAH $473,000 Total CDBG $2,828,000 Project HOME Activity / Location Responsible Sub- Amount Number Recipient / Agency HM 04-01 CHDO set-aside Empowerment Alliance of SW $224,179 FL HM 04-02 Residential Rehabilitation - Countywide Collier County FAH $225,000 HM 04-03 Down Payment Assistance - Countywide Collier County FAH $100,000 HM 04-04 Tenant Based Rental Assistance Collier County Housing $100,000 Authority HM 04-05 CHDO Operating EASF $37,000 HM 04-06 Housing Delivery Cost Collier County FAH $33,750 HM 04-07 Program Planning & Administration Collier County FAH $74,000 Total HOME $793,929 Page 1 of 1 EXHIBIT "B" AGREEMENT BETWEEN COLLIER COUNTY AND SUB-RECIPIENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # THIS AGREEMENT, is entered into this day of, 20___, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and SUBRECIPIENT AGREEMENT Page 1 of 21 17F WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "County" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means "NAME OF SUBRECIPIENT". "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. SUBRECIPIENT AGREEMENT Page 2 of 21 IH. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. . The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ($) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. SUBRECIPIENT AGREEMENT Page 3 of 21 17F , COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereofi The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 SUBRECIPIENT AGREEMENT Page 4 of 21 1..7F 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. ItUD required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. SUBRECIPIENT AGREEMENT Page 5 of 21 30. 17F 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Co Do SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. SUBRECIPIENT AGREEMENT Page 6 of 21 Fo 17F GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. SUBRECIPIENT AGREEMENT Page 7 of 21 BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and SUBRECIPIENT AGREEMENT Page 8 of 21 Bo 17F procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Documentation and Record - Keeping 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIP1ENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-il0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. SUBRECIPIENT AGREEMENT Page 9 of 21 F. PRIOR WRrlTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by SUBRECIPIENT AGREEMENT Page 10 of 21 17F reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. SUBRECIPIENT AGREEMENT Page 11 of 21 Do 17F PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Uo Fo CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBREC1PIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. SUBRECIPIENT AGREEMENT Page 12 of 21 17F Xo Ho CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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. o The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REALPROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 1 t4 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. SUBRECIPIENT AGREEMENT Page 13 of 21 17F B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). SUBRECIPIENT AGREEMENT Page 14 of 21 XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this __ day of ,20 NAME OF SUBRECIPIENT (SUBRECIPIENT SEAL) BY: SIGNATURE BY: PRINT NAME Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SUBRECIPIENT AGREEMENT Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES 17F- I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: Line Item: CDBG Funds Other Total $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. SUBRECIPIENT AGREEMENT Page 16 of 21 17F Uo STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBRECIPIENT AGREEMENT Page 17 of 21 17F EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) o If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator __ Supervisor Dept Director SUBRECIPIENT AGREEMENT Page 18 of 21 17F EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 1~h of the following month. Status Report for Month of Submittal Date: 1. Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: 2. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 3. What events/actions are scheduled for the next two months? 4. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 5. List any additional data relevant to the outcome measures listed on the application for this project. SUBRECIPIENT AGREEMENT Page 19 of 21 6. New contracts executed this month (if applicable): 17F Name of Amount Contractor Ethnicity Race Contractor Contractor or of Federal ID (see (see Address Subcontractor Contract Number definitions definitions on & Phone on page page 21) No. 21) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" on the next page. INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) as indicated by the attached income chart. Enter this number in box "2" on the next page. Of the households or persons assisted, are very low-income (31-50%)as indicated by the attached income chart. Enter this number in box "3" on the next page. Of these households or persons assisted, are low income (51-80%) as indicated by the attached income chart. Enter this number in box "4" on the next page. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number Extremely Very Low Income Female of Low income Low income (51-80%) Headed Households Household or Persons (0-30%) (31-50%) Assisted SUBRECIPIENT AGREEMENT Page 20 of 21 17F Subrecipients must indicate total beneficiaries for Ethnicity AND Race Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2. Not Hispanic or Latino: A person not or Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless or race. Definitions of Race: 1. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. Black or African-American: A person having origins in any of the black racial groups of Africa. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Tabulation Table of Ethnicity and Race Beneficiaries American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White SUBRECIPIENT AGREEMENT Page 21 of 21 Memorandum 17F To: Sue Filson From: Janeen D. Person-Coale, HUD Grants Coordinator Date: April 22, 2003 Subject: FY 03-04 Consolidated Plan One-Year Action Plan Signature Documents Attached are the Certifications and HUD Forms SF 424 regarding the Consolidated Plan One- Year Action Plan for FY 2003-2004, which is on the 4/22/03 summary consent agenda, item 17F. I am requesting these documents be presented to Commission Chair Tom Henning for his signature once the BCC has approved this item. Along with these documents, there is also a resolution for this item, and once all of these documents are signed, they need to be taken to Minutes and Records for recording and attestation. Thank you for your assistance with this matter. Financial Administration and Housing Department Community Development and Environmental Services Division COLLIER COUNTY, FLORIDA CONSOLIDATED PLAN 17F ONE-YEAR ACTION PLAN HUD FY 2003-2004 PROPOSED FOR ADOPTION DATE: APRIL 22, 2003 Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 (239) 213-2937 Collier County Board of Commissioners Department of Financial Administration and Housing Tom Henning, Chair Donna Fiala, Vice Chair Frank Halas, District 2 Fred W. Coyle, District 4 Jim Coletta, District 5 (.bunt),, Manager Jim Mudd CDES Administrator. Joseph K. Schmitt FAH Department Director, Denton Baker FAH Department Federal Granls Manager, Lee Combs HUD Grants ('oordinalor, Janeen D. Person-Coale lhe One-Year Aclion Plan was prepared by lhe slaj_]'of lhe Collier County Financial Administration & Housing Department Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounO'. Florida TABLE OF CONTENTS 17F INTRODUCTION .......................................................................................................................... I 1.0 EXECUTIVE SUMMARY .............................................................................................. 1 BACKGROUND .............................................................................................................................. 1 1 COMMUNITY PROFILE .................................................................................................................. LEAD AGENCY ............................................................................................................................. 4 PLAN DEVELOPMENT PROCESS .................................................................................................... 4 CONSULTATION WITH OTHER AGENCIES ...................................................................................... 5 GEOGRAPHIC LOCATION OF PROJECTS ......................................................................................... 5 SPECIFIC ACTIVITIES .................................................................................................................... 5 6 MONITORING ............................................................................................................................... 2.0 CITIZEN PARTICIPATION PROCESS ....................................................................... 7 3.0 FIVE YEAR STRATEGIC PLAN ................................................................................ 10 OVERALL PRIORITIES ................................................................................................................. 10 GEOGRAPHIC LOCATION OF PROJECTS ....................................................................................... 12 HOUSING STRATEGY .................................................................................................................. 13 HOMELESSN~SS STRATEGY (CONTINUUM OF CAi*E) .................................................................. 14 OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY ..................................................... 18 NON-HOUSING COMMUNITY DEVELOPMENT PLAN ................................................................... 20 PROPOSED ACCOMPLISHMENTS ................................................................................................. 22 REDUCTION OF BARRrERS TO AFFORDABLE HOUSING ............................................................... 23 REDUCTION OF LEAD-BASED PAINT HAZARDS .......................................................................... 23 ANTIPOVERTY STRATEGY .......................................................................................................... 24 PUBLIC HOUSING RESIDENT INITIATIVES ................................................................................... 25 FAIR HOUSING ........................................................................................................................... 25 SECTION 3 .................................................................................................................................. 25 INSTITUTIONAL STRUCTURE ...................................................................................................... 26 SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES ................................................. 28 4.0 ONE YEAR ACTION PLAN ......................................................................................... 29 APPLICATION ............................................................................................................................. 30 RESOURCES (FUNDrNG SOURCES) .............................................................................................. 31 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES .............. 33 ACTIVITIES TO BE UNDERTAKEN ................................................................................................ 39 HUD PROPOSED PROJECT TABLES ............................................................................................ 44 GEOGRAPHIC LOCATION ............................................................................................................ 67 5.0 MONITORING ............................................................................................................... 68 6.0 CERTIFICATIONS ........................................................................................................ 69 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count); Florida -i - TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... I 1.0 EXECUTIVE SUMMARY .............................................................................................. 1 BACKGROUND .............................................................................................................................. l 1 COMMUNITY PROFILE .................................................................................................................. LEAD AGENCY ............................................................................................................................. 4 PLAN DEVELOPMENT PROCESS .................................................................................................... 4 CONSULTATION WITH OTHER AGENCIES ...................................................................................... 5 GEOGRAPHIC LOCATION OF PROJECTS ......................................................................................... 5 5 SPECIFIC ACTIVITIES .................................................................................................................... 6 MONITORING ............................................................................................................................... 2.0 CITIZEN PARTICIPATION PROCESS ....................................................................... 7 3.0 FIVE YEAR STRATEGIC PLAN ................................................................................ 10 OVERALL PRIORITIES ................................................................................................................. 10 GEOGRAPHIC LOCATION OF PROJECTS ....................................................................................... 12 HOUSING STRATEGY .................................................................................................................. 13 HOMELESS~'~SS STRATEGY (CONTI~rO~ OF CA~) .................................................................. 14 OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY ..................................................... 18 NON-HOUSING COMMUNITY DEVELOPMENT PLAN ................................................................... 20 PROPOSED ACCOMPLISHMENTS ................................................................................................. 22 REDUCTION OF BARRIERS TO AFFORDABLE HOUSING ............................................................... 23 REDUCTION OF LEAD-BASED PAINT HAZARDS .......................................................................... 23 ANTIPOVERTY STRATEGY .......................................................................................................... 24 PUBLIC HOUSING RESIDENT INITIATIVES ................................................................................... 25 FAIR HOUSING ........................................................................................................................... 25 SECTION 3 .................................................................................................................................. 25 INSTITUTIONAL STRUCTURE ...................................................................................................... 26 SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITLES ................................................. 28 4.0 ONE YEAR ACTION PLAN ......................................................................................... 29 APPLICATION ............................................................................................................................. 30 RESOURCES (FUNDING SOURCES) .............................................................................................. 31 IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES .............. 33 ACTIVITIES TO BE UNDERTAKEN ................................................................................................ 39 HUD PROPOSED PROJECT TABLES ............................................................................................ 44 GEOGRAPHIC LOCATION ............................................................................................................ 67 5.0 MONITORING ............................................................................................................... 68 6.0 CERTIFICATIONS ........................................................................................................ 69 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -i - INTRODUCTION Background and Purpose Title I of the National Affordable Housing Act established the requirement that states and local governments applying for direct assistance under certain U.S. Department of Housing and Urban Development (HUD) programs have a Consolidated Plan and yearly Action Plan approved by HUD. This documentation is required to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. The Consolidated Plan describes the strategic plan of the County that establishes its priorities for assisting low/moderate income households and identifies resources available to meet stated goals and objectives. The Annual Action Plan describes actions the County has taken related to the announced entitlement funds for that year. In 2003 Collier County is to receive HUD funds as a participating jurisdiction under the HOME program and the third year it will receive CDBG funds as an entitlement community. Consolidated/Action Plan Period Collier County is required to submit a Consolidated Plan to HUD at least once every five years. The County submitted its first Consolidated Plan in May of 2001. Through its' Board of County Commissioners, Collier will submit its' next five-year plan in May 2005. The document contained herein is the one-year Action Plan for FY 2003-2004. Lead Agency The Collier County Department of Financial Administration and Housing (FAH) is the lead agency responsible for overseeing the development of the Consolidated Plan and Annual Action Plan. Any questions or comments regarding this plan should be directed to the Collier County Department of Financial Administration and Housing, 3050 N. Horseshoe Dr., #275, Naples, FL 34104 (tel. 239 213-2937). Mission Statement The mission of the Collier County Financial Administration and Housing Department's grants and affordable housing programs are to meet the community's needs by facilitating the creation of aflbrdable housing opportunities; the improvement of communities and the sustainability of neighborhoods. These goals and objectives will be met by working collaboratively with non- profit groups, governmental agencies, and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire County. Citizen Participation This document includes a summary of the citizen participation process including inputs, timeline, citizen comments and responses from the Collier County FAH Department (if applicable). Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounU, Florida 1.0 EXECUTIVE SUMMARY 17F BACKGROUND In 2001, Collier County, along with its participating cities of Naples and Marco Island, became eligible to directly receive federal funds on an annual basis through the Community Development Block Grant (CDBG) program. This program is administered by the U.S. Department of Housing and Urban Development (HUD). The goal of the Community Development Block Grant program is to develop viable urban communities by assisting low/moderate income households through physical development programs to: · Provide decent housing; · provide a suitable living environment; and · expand economic opportunities. In late 2002, Collier County was notified by officials from the U. S. Department of Housing and Urban Development (HUD) that Collier County has been designated as a HOME Investment Partnerships Program (HOME) participating jurisdiction (P J). HUD made this proposition based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. Created by the National Affordable Housing Act of 1990 (NAHA), the HOME program will provide funds to Collier County for the following: · Provide decent, affordable housing to low/moderate-income households; · expand the capacity of nonprofit housing providers; · strengthen the ability of state and local governments to provide housing; and · leverage private-sector participation. The Consolidated Plan concept was developed by HUD to incorporate the requirements for four separate entitlement programs: CDBG, the HOME program, the Housing Opportunities for Persons with Aids (HOPWA) program, and the Emergency Shelter Grant (ESG) program. Collier County does not currently have the required population to qualify for the HOPWA, or ESG programs, however department staff is available to provide technical assistance to local nonprofits in applying for these funds provided by HUD formula allocation to the State of Florida, Department of Children and Families. COMMUNITY PROFILE Collier County was created in 1923 from portions of Lee and Monroe counties. The County is located in the southern gulf coast of the Florida peninsula, west of the Miami-Ft. Lauderdale area. In Collier County, there are three incorporated cities: Naples, Marco Island and Everglades City. Naples, located in the western coastal area of Collier County, is the largest incorporated city. Starting in the late 1980s and throughout the 1990s, the County, which is also known as the Naples Metropolitan Statistical Area (MSA), had one of the highest percentages of growth of any MSA in the country. Everglades City and Marco Island respectively are south and east of the Greater Naples Urban Area. Consolidated Plan One- Year Action Plan FY 2002-2003 Collier CounO,, Florida Over a 30-year period, the county's population has grown from 38,040 in 1970 to an estimated 264,475 persons as of April 1, 2001. From 1980 until 1990, Collier County's population grew 77%, while the state grew by 33%, and the U.S. grew by 10%. Between 1990 and 2000, Collier County's permanent population increased by 99,278 persons, a 65% increase. Population 'Everglades City Marco Island N/A ! 14,879 Naples 19,505 20,976 Unincorporated 132,273~ 215,043 Source: U.S. Census Burea~ 2001. The County's population is projected to continue its strong growth over the foreseeable future. According to the Bureau of Economic and Business Research (BEBR) 2002 Collier's population increased 5.21 percent between April 1, 2000 and April 1, 2001. The County is expected to add almost 150,000 people during the next 15 years, with researchers projecting a Collier County population of 553,348 by 2030. Collier is one of four mid-sized Florida counties expected to increase by 110 percent or more over their 2000 populations. In addition to its permanent population, the County has a huge seasonal influx that swells its population during the warm winter season (November-April) by almost 40%. The vast majority of this seasonal population is affluent, which visit or maintain vacation homes in the County primarily along its coastal areas. In contrast, the Immokalee area in the northeastern section of the County, with a permanent population of 20,000 receives a seasonal influx of migrant workers who come each year to pick crops. These residents are typically some of the County's poorest. Populations group themselves into households. As of April 1, 2001, Collier County had an estimated 108,158 households, with an average household size of 2.40 persons. Of all the households, 73,914 (69%) are families, made up of related individuals. By comparison, only 64% of all U.S. households are families. Collier County has a higher median age compared with the statistical aggregate for the State of Florida. In 2000, the County's median age was 44.1 versus 38.7 for Florida. The state is projecting that Collier County's population will continue to age dramatically over the next seventeen years. Median Age in Collier County 1990 Census 40.5 2000 44.1 2010 48.6 2015 5O.9 2020 52.8 Sotcrce: Bureau of Economic and Business Research (BEBR) 2002 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Co~tn~., Florida -2- Almost one in four (24.5%) of the County's residents are aged 65 and over. Of these, over half (52.4%) are female. Someone over 55 years old heads half the households in the County. Households by Age - 2000 Under 25 2,888 3% 25 - 34 12,652 14% 35 - 44 15,722 17% 45 - 54 14,303 16% 55 - 65 14,397 16% Over65 30,668 34% Source: Claritas, Inc., 2001. The Hispanic population continues to increase in Collier County. This is a trend mirrored in much of South Florida with the Hispanic population representing 26% of the population growth during the 1990' s. Race/Ethnicity 1990 Census Total White A fric an-A m eric an American Indian/Eskimo/Aleut Asian/Pacific Island Mixed 152,099 100.0% 143,826 94.6% 7,202 4.7% 458 0.3% 613 0.4% Hispanic 20,730 13.6% Source: U.S. Census Bureau, 2001. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida -3- Collier County is also a very affluent community reflected by the high number of households (48%) with median incomes above $50,000 a year. The County's median family income of $61,400 (per HUD FY2003 median family income estimates) is the highest in Florida compared to $51,800 for the state and $54,400 for the U.S. In addition, the Naples MSA (which includes all of Collier County) has the second highest per capita income in the United States at $42,813, which is 157 percent of the national average. First on the list is the San Francisco MSA at $45,199. Households by Income - 2000 Under $15,000 8,488 9% $15-$25,000 10,658 12% $25-$50,000 28,527 31% $50-$75,000 18,949 21% $75-$100,000 8,927 10% Over $100,000 15,081 17 % Source: Claritas Inc., 2001. Households by Income $75- $100,000~ $50-$75,~ ~5-$50,000 Despite Collier County's median and per capita incomes, the average wage and salary earned by the County's worker is $29,553 (2000), which is below the state average of $30,038 and well below the average of $35,305 for the U.S. This is attributed to the fact that the largest employment sector is the service industry, which is a traditionally low paying industry. LEAD AGENCY The Financial Administration and Housing (FAH) Department of Collier County was the lead agency in the preparation of this Consolidated Plan/One-Year Action Plan. This department operates and administers the County's Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives Partnership (SHIP) affordable housing programs. The FAH Department is also the lead agency for the annual Continuum of Care (CoC) application to HUD for the provision of housing and services to the homeless population. PLAN DEVELOPMENT PROCESS The One-Year Action Plan was drawn from a number of plans and documents. These include: Collier County's Five-Year Consolidated Plan (FY 2001-2005), the Housing Element of the County's Growth Management Plan, the Housing Assistance Plan for the State Housing Initiatives Partnership (SHIP) program, the Immokalee Area Master Plan, the County's Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -4- iTF Continuum of Care process, the 2000 Census of Population and Housing, and the University of Florida's Bureau of Economic and Business Research data. CONSULTATION WITH OTHER AGENCIES The County consulted with its participating municipalities of Naples and Marco Island, Collier County Human Services Department, Collier County Housing Authority and the Collier County Hunger & Homeless Coalition, along with other county departments and various other housing and social service organizations in the development of this plan. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. SPECIFIC ACTIVITIES There will be approximately $2,828,000 of CDBG funds (FY 2003-2004 allocation of $2,778,000 and FY 2002-2003 carry over amount of $50,000) available for community housing and non-housing needs. There will be approximately $793,929 of HOME funds available for the provision of affordable housing for low-income households. Following is the Use of Funds for the fiscal 2003-2004-program year: CDBG: Storm Drainage Improvements - Marco Island Park Improvements - City of Naples Affordable Housing Development Land Acquisition Infrastructure Support - East Naples Senior Housing - Immokalee Prescription Medications - Collier County Job Creation - Immokalee Senior Center Addition - East Naples Job Training & Support - Immokalee Education & Training - Immokalee HMIS - Hunger & Homeless Coalition Immokalee Youth Program Fair Housing - Education and Outreach Program Planning and Administration TOTAL $250,000 250,000 350,000 700,000 275,000 130,000 100,000 83,000 60,000 54,00O 50,000 50,000 3,000 473,000 $2~828,000 Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida -5- 17F HOME: CHDO set-aside Residential Rehabilitation assistance Down payment assistance Tenant Based Rental Assistance CHDO Operating Housing Delivery Cost Program Planning and Administration $224,179 225,000 100,000 100,000 37,000 33,750 74,000 TOTAL ~;793,929 MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of its sub recipients at least once per year. Technical assistance will be included with all monitoring activities. The monitoring program includes in-house review of every payment request. Prior to the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida -6- 17F 2.0 CITIZEN PARTICIPATION PROCESS The One-Year Action Plan was developed following the County's Citizen Participation Plan adopted on January 9, 2001. This Plan is included in the Appendix. While developing the Consolidated Plan FY 2003-2004 One-Year Action Plan, a time line was also produced to demonstrate the activities that should occur during the Consolidated Plan process as follows: CITIZEN PARTICIPATION ACTION PLAN FY 03-04 TIMELINES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM I Task DATE Revise application packet August 31, 2002 Citizens Advisory Task Force Meeting - Update Progress & Upcoming September 12, 2002 Application Cycle Send Public Hearing display advertisement requests to Naples Daily News September 20, 2002 & Immokalee Bulletin Press Release - Project update & Upcoming Application Cycle September 20,2002 First Public Hearing Notice Advertisements to run (15 days prior to the September 26, 2002 PH) Send Notice of Application Availability to the various non-profit September 26, 2002 organizations & community groups First Public Hearing - Immokalee (at 6 p.m. -Community Center) October 14, 2002 First Public Hearing - Golden Gate (at 6 p.m. -Community Center) October 16, 2002 Application Workshop - Immokalee (at 6 p.m. -Community Center) October 28, 2002 Application Workshop - Golden Gate (at 6 p.m. -Community Center) October 30, 2002 Applications due to FAH December 3, 2002 Staff review of applications to determine eligibility December 5, 2002 Deliver Application packets to CATF members December 6, 2002 Citizens Advisory Task Force Meeting - Review eligible applications December 12, 2002 FY 03-04 draft Action Plan preparation to be completed by staff February 21, 2003 Send availability of draft Action Plan FY 03-04 advertisement requests February 28, 2003 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 03-04 to all libraries & Clerk's Office March 5, 2003 Availability of Proposed FY 03-04 Action Plan and 30 day public March 6, 2003 comment period Advertisements to run 30 day Public Comment Period begins March 7, 2003 30 day Public Comment Period ends April 7, 2003 Incorporate public comments into the final Action Plan April 8, 2003 Prepare resolution, executive summary & transmittal for 4-22-02 BCC April 9, 2003 meeting BCC approval of FY 03-04 Action Plan April 22, 2003 FY 03-04 Action Plan due to HUD (45 days prior to start of program year) May 15, 2003 FY 03-04 Program Year (7/l/03 to 6/30/04) begins July 1,2003 FY 03-04 Program Year ends June 30, 2004 Consolidated Plan One- Year Action Plan FY 2002-2003 Collier Co~tnO,, Florida 7 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM Task DATE Hold HOME TA Meeting with CHDO's serving Collier County December 19, 2002 Send Public Hearing display advertisement requests to Naples Daily News December 20, 2002 & Immokalee Bulletin Press Release - Project information & upcoming Application Cycle December 20, 2002 First Public Hearing Notice Advertisements to run (15 days prior to the December 23, 2002 PH) Complete information and application packet January 2, 2003 Send Notice of Application Availability to CHDO's serving Collier January 3, 2003 County First Public Hearing - Immokalee (at 6 p.m. -Community Center) January 6, 2003 First Public Hearing - Golden Gate (at 6:30 p.m. -Max Hasse Center) January 7, 2003 Deadline for Application packet from CHDO's serving Collier County January 21, 2003 Staff review of applications to determine eligibility January 31, 2003 Complete contract proposal for TBRA January 31, 2003 FY 03-04 draft Action Plan preparation to be completed by staff February 21, 2003 Send availability of draft Action Plan FY 03-04 advertisement requests February 28, 2003 (English & Spanish) to Naples Daily News & Immokalee Bulletin Distribute draft Action Plan FY 03-04 to all libraries & Clerk's Office March 5, 2003 Availability of Proposed FY 03-04 Action Plan and 30 day public March 6, 2003 comment period Advertisements to mn 30 day Public Comment Period begins March 7, 2003 30 day Public Comment Period ends April 7, 2003 Incorporate public comments into the final Action Plan April 8, 2003 Prepare resolution, executive summary & transmittal for 4-22-02 BCC April 9, 2003 meeting BCC approval of FY 03-04 Action Plan April 22, 2003 FY 03-04 Action Plan due to HUD (45 days prior to start of program year) May 15, 2003 FY 03-04 Program Year (7/1/03 to 6/30/04) begins July 1, 2003 FY 03-04 Program Year ends June 30, 2004 Consoli&tted Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida -8- Citizen input on housing and community development needs for the fiscal year 2003-2004 CDBG program was sought at two public hearings held in Immokalee (10/14/02) and in Golden Gate (10/16/02). Meeting notices were advertised in both English and Spanish, and a Spanish- speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). A public solicitation process was utilized to solicit potential CDBG projects. Application workshops were held in Immokalee (10/28/02) and in Golden Gate (10/30/02) to answer questions and assist various social service agencies and the public in completing project applications. Citizen input on affordable housing needs for the fiscal year 2003-2004 HOME program was sought at two public hearings held in Immokalee (01/06/03) and in Golden Gate (01/07/03). Meeting notices were advertised in both English and Spanish, and a Spanish-speaking staff person attended both public hearings. The meeting notice was published in two newspapers (general circulation- Naples Daily News and a local paper - Immokalee Bulletin). The notice of draft One-Year Action Plan availability was published for a 30-day public comment period beginning on March 6, 2003. The advertisements are both in English and Spanish. The notice was published in two newspapers (general circulation- Naples Daily News and a local paper- Immokalee Bulletin). The draft plan was also available for public review in all county libraries as well as in the County's Financial Administration and Housing Department. The public comment period was from March 7, 2003 to April 8, 2003. The County received no written comments on this document. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count., Florida -9- 3.0 Five Year Strategic Plan OVERALL PRIORITIES Collier County is a drastically dichotomous community, with a large number of residents, full- time and seasonal, representing affluence and wealth concentrated in Collier's coastal areas. The County's working-poor residents are mainly concentrated in several non-coastal areas, particularly in the Immokalee community. Adding to this mix is the influx of affluent seasonal tourists, and it is clear that Collier County's economy is primarily based around meeting the consumer needs of the affluent population. The County's workforce, a large portion of which is employed in low-paying retail and service jobs, also represents the widening economic gap between segments of the County's population. With the ever growing demand to meet the consumer needs of the County's affluent majority, the working-poor households have trouble finding affordable housing and employment, especially during the off-season period. Yet, maintaining a high quality workforce has been identified as key criteria for the County's long-term success in the marketplace. Immokalee, with an economy based on citrus, vegetables, and cattle, is the County's agricultural center. During the fall and spring harvest seasons, farm laborers, produce brokers, and buyers migrate to the community, more than doubling its permanent population of approximately 20,000. This migration makes Immokalee one of the most culturally diverse communities in the area. In addition to agriculture, residents provide a source of labor for the coastal hospitality, landscape, and construction industries. Unfortunately, many of these service jobs pay low wages and offer limited or no benefits. As a result, income levels remain low. Because Immokalee is located 34 miles northeast of Naples its very location, coupled with its cultural diversity and migratory population presents additional challenges to its residents in obtaining affordable housing and economic self-sufficiency. Therefore, the County's highest priority will be to support the provision of affordable housing for its low-income (below 50 % of MFI) working poor residents. Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Collier County through its Economic Development Council has as its major goal the economic diversification and attracting and retaining industries that will provide these employment opportunities. Collier County has successfully received CDBG grants from the State of Florida's Small Cities program. Supporting economic diversification will be the County's second highest priority. The County and its participating municipalities have identified three areas of low-income households where public facilities and improvements are needed. It is anticipated that as a result of the 2000 Census (HUD's information is expected to be released in 2003), other low-income areas may be identified. Public facilities and improvements for iow-income people will be the County's third priority. Collier County, unlike most counties in Florida, does not fund any social services for its low- income residents. Unfortunately, only 15% of the County's CDBG funds can be expended for public services. Social services for the County's poverty level residents will be priority four. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounU, Florida - 10- 17F Overall program goal: Economic Diversification Affordable Housing Social Services Neighborhood Improvements The Consolidated Plan Priority Needs Table provides a summary of the County's projected five year housing and community development priority needs. These priorities will enable the County to assist its low-income residents in their efforts to achieve self-sufficiency. While the County has identified certain numerical goals and strategies for its housing and community development accomplishments for the next five years (FY 2001-2002 to 2005-2006), a strategy can and should also include operations and priorities. There are certain operational imperatives and priorities that will be used to guide the selection of activities and projects. These include: Activities that can support the provision of affordable housing for low-income households. Public improvements in designated target areas, cooperating municipalities, or other low-income areas. Activities that assist lower income persons to achieve self-sufficiency. Services to provide urgent/emergency health and shelter needs to poverty level residents. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -11- 17F pROJECT SELECTION/OPE~TIONAL ~PERATIVES I Because the needs outweigh the resources, the County will always receive requests for funding that exceed its total grant amount. Forced to choose among good projects, the County will utilize the following certain imperatives to establish its Annual Plan. Activities that return funds to the program, such as loan repayments, will be encouraged. Activities that request funds for salaries will be given a low priority unless funds from another source will be committed for future salaries. Activities will not be funded unless the applicant has developed realistic cost estimates and timelines, is financially stable, and has the capacity to complete the activity. Program recipients (non-profit organizations, cities, etc.) will be expected to provide matching funds and/or otherwise participate in the cost of their project. Financial participation will be expected of individual recipients, particularly for property improvement programs and homeowner housing programs (excepting certain emergency situations). Organizations requesting funds will be expected to have sought funding from other appropriate sources before applying to the County. Housing development programs and property improvement programs are expected to use quality, long-lasting materials that require a minimum of maintenance or upkeep. Recipient organizations must have acceptable past and/or current performance on County-funded projects. Cost per unit (housing or service units) will be considered in evaluating proposals. PROCEDU~L SYSTEMS I Problems and priorities can change from year-to-year. In order to be responsive to the needs of the County's low-income residents, the County will annually review and refine the priorities. Any changes to the priorities will be published in the annual Notice of Funding Availability (NOFA). Recommendations for funding will be made to the Board of County Commissioners by the Financial Administration and Housing Department. Only agencies/organizations that participate in the competitive funding process of the Consolidated Plan will be considered for funding, with programs to begin July 1 of each year. No requests will be funded at any other time during the year except as a result of a Request for Proposals, or for urgent/emergency purposes as determined by the Board of County Commissioners. GEOGRAPHIC LOCATION OF PROJECTS The County's affordable housing and homeless service activities are conducted on a countywide basis. The County's non-housing community development projects will be performed on a countywide basis in low-income neighborhoods that are located within a cooperating city, or unincorporated areas of the County. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Flori&t - 12- HOUSING STRATEGY Rationale for Housing Priorities As the Priority Needs Summary Table shows the County has directed its housing assistance priorities toward helping those households facing the most difficulty in the marketplace. Thus the County assigned its highest priority to helping its renter or owner households that have very low incomes and are paying over 50% of their income for housing and/or live in substandard housing. The County has assigned a low priority to helping those households with incomes between 51% and 80% of the median that have less housing problems; and a low priority to helping those households with incomes above 80% of the median. An analysis of the County's housing market found that for all intents and purposes, the private sector housing market is not providing any new housing, either rental or owner affordable to households making below 50% of the median family income in 2000. How Market Characteristics Influenced Use of Funds The high cost of housing within the County was the primary use of funds. influence on the County's proposed Obstacles The major obstacle to meeting all the County's affordable housing needs is a lack of funds and land costs. Proposed Accomplishments: FY 2001-2005 The following tables outline the County's proposed accomplishments for the fiscal years 2001- 2002 to 2005-2006. AFFORDABLE HOUSING Priority Need One: Eligible Owner Households Strategies to Address the Proposed Five Year Problem Actions and Programs Accomplishments Comments/Concerns Homeownership Assistance Low Provide downpayment/closing 500 low-income households Utilize SHIP/CDBG/HOME Income cost assistance/impact fee relief attain Homeownership. funds for this purpose. Homeownership Assistance Acquire land/install infrastructure 100 very-low inco~ne households Participate with Habitat for Very- Low Income for affordable housing attain Homeownership. Humanity. Homeownership Assistance Support CHDO's in development 12 very-low/low income Utilize HOME funds through Very-Low/Low Income of affordable housing households attain CHDO's for this purpose. opportunities Homeownership over 3/yrs (2003-2005). Housing Rehabilitation Housing hnprovement Programs Provide repairs to 25 owner- Utilize SHIP/CDBG/HOME occupied units, dollars for this purpose. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 13 - 17F Priority Need Two: Eligible Renter Households Strategies to Address the Proposed Five Year Problem Actions and Programs Accomplishments Comments/Concerns Construction of new affordable Utilize local funds to leverage 250 new subsidized apartment Utilize SHIP funds to leverage rental units federal/state rental construction units state ~unds/tax credits programs Rehabilitate older units Acquisition/rehabilitation of 25 rehabilitate affordable rental Availability of units small rental projects units Subrecipient organization capacity Rental Assistance for poverty Acquire land/construct new rental 25 affordable rental units Utilize CDBG/SHIP funds level households units Rental Assistance Very- Support CHDO's in development 15 very-low/low income Utilize HOME funds through Low/Low Income of affordable rental/transitional households attain affordable CHDO's for this purpose housing opportunities rental/transitional housing over 3/yrs (2003-2005). Rental Assistance for poverty Provide Tenant Based Rental 20 affordable rental units for Utilize HOME funds level households Assistance subsidies through 3/yrs (2003-2005). local PHA. HOMELESSNESS STRATEGY (CONTINUUM OF CARE) Continuum of Care is a relatively straight forward management concept: to effectively address the needs of the Homeless, a combination of services, often provided by different agencies, must be brought together in a coordinated manner to help move a family from homelessness to self sufficiency. When the underlying problem is economic, a more comprehensive governmental response including social services, job training and affordable housing is required to move low-income households from governmental and/or social service organization dependency to self-sufficiency. Moving From Dependency to Self Sufficiency ECONOMIC DEVELOPMENT SELF SUFFICIENCY COUNTY COMMUNITY COLLEGE HOUSING PARTNERSHIPS SOCIAL SCHOOL DISTRICT SERVICES Effectively addressing self-sufficiency will require a countywide public/private partnership that brings together in a coordinated effort all of the groups that traditionally deal with the problems on a separate basis. In furthering that partnership, Collier County will be the 'Lead Agency' for the annual Continuum of Care grants process beginning with the FY 2003 submission. County FAH department staff will also be available to provide technical assistance to all CoC applicants. As part of such a self-sufficiency program, counties are also increasing their economic and business development efforts to provide more jobs for their communities. Affordable housing Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida 14- 17F also helps in these efforts because its availability is now an important criterion in business location decisions. The following provides a conceptual Structuring of a Continuum of Care system. Continuum of Care System Outreach Intake Assessment Shelter ~ I Housing Permanent Housing Housin~g ~ The fundamental components of a continuum of care system: · First, there must be an emergency shelter/assessment effort which provides immediate shelter and can identify an individual's or family's needs. The second component offers transitional housing and necessary social services. Such services include substance abuse treatment, short-term mental health services, independent living skills, etc. · The third and final component, and one which every homeless individual and family needs, is permanent housing or permanent supportive housing arrangements. While not all homeless individuals and families in a community will need to access all three components, unless all three components are coordinated in a community, none will be successful. A strong homeless prevention strategy is also a key to the successful implementation of the Continuum of Care (CoC). With over fifty Coalition members, the Continuum of Care planning process is now sufficiently institutionalized and CoC committee meetings are held monthly to discuss CoC progress, development and coordination issues. This augments the monthly meetings of the larger Collier County Hunger and Homeless Coalition (CCHHC), which plays the role of facilitator as well as provides the dissemination point for information to member agencies as well as the community in general. At each monthly membership meeting of the CCHHC, progress updates on the CoC process are provided by the CoC Committee. Through these on-going efforts, the Collier County Continuum of Care has now become a recognized and institutional part of the local service delivery model. The CoC has established its own identity and function distinct from that of the larger CCHHC. Various standing committees have been developed and are active on a year-round basis in the Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Co,mO', Florida 15- 17F local community, with a goal toward enhancing collaboration of homeless services throughout the county. Homeless awareness activities also continue to be on going, improving public awareness and support for community services. An annual homeless census is a standard procedure providing original and updated data for the County's Consolidated Plan/One-Year Action Plan. There exists a continuing effort to enhance CoC involvement from within as well as outside the membership of the CCHHC. The CoC Committee, through consistent and meaningful representation from government and private sector mainstream services, has resulted in increased coordination of services targeted specifically to homeless individuals and families. More than any other component, local leaders have been stressing these mainstream connections to enhance collaboration and utilization targeted to homeless individuals and families. These resources are increasingly seen as a structural element within the Collier County Continuum of Care system. Strategy for Prevention The County's social service agencies will continue to provide short-term aid, supportive services and counseling to families that are in danger of becoming homeless. The development and implementation of a Homeless Management Information System (HMIS), planned for the spring of 2004, will provide the County's social service agencies with more reliable data Strategy for Outreach The County's nonprofit service providers will continue to provide outreach services to the County's homeless population. The 2003 homeless census included two get-help clinics, one in Immokalee and one in Naples, to provide outreach services to homeless individuals and families. The success of these clinics will determine their number and scale in the future. During the next five years, in conjunction with the County's collective service providers, the County will work to improve its strategy for outreach to families in need of assistance. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Collier County's homeless population is relatively invisible to the general public. Most individuals and families live in either emergency or transitional shelter facilities operated by social service agencies, or due to the limited number of these facilities are hidden in small camps dispersed throughout the county. On February 21/22, 2003 the third annual homeless census was held for a 36-hour period. CCHHC members and community volunteers, organized by the Coalition counted an **estimated 650 homeless men, women and children at labor pools, in the woods, on the streets, in hospital emergency rooms and detoxification centers, in emergency shelters and in transitional housing programs. This number is in comparison to 585 counted in 2001 and 608 counted in 2002. It is known that some hidden homeless were uncounted and most social service professionals think the actual number of homeless in Collier County is underreported. Consolidated Plan One- Year Action Plan FY 2003~2004 Collier CounO', Florida - 16- 17F Strategy for Shelter, Transitional Housing and Supportive Service Needs The County's nonprofit service providers will continue to provide direct emergency shelter, transitional housing and supportive services to the County's homeless. During the next five years, in conjunction with the County's service providers, the County may provide additional shelter assistance to families in need of assistance. In 2002 the County collaborated successfully with the CCHHC in obtaining a State of Florida Housing Assistance grant for a faith-based provider to expand its transitional housing and supportive services program for the homeless. The County in its role as CoC Lead Agency will continue to effectively collaborate with local service providers in researching and applying for appropriate homeless program funding opportunities. Strategy for Independent Living The County's nonprofit service providers will continue to provide independent living services to the County's homeless. As CoC Lead Agency, the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Rationale for Homeless Priorities Based on the Continuum of Care Gaps Analysis the County believes that the highest priority for providing homeless assistance should first be provided to families, especially those that are the victims of domestic violence. The County has assigned a lower priority to assisting homeless individuals or those homeless with special needs related to mental illness and/or alcohol and/or drug abuse. However, with HUD's newly created focus on ending Chronic Homelessness, this priority may undergo significant changes in the future. Obstacles The major obstacle to meeting the needs of the homeless is the lack of funds complicated by the lack of local support for using general revenue tax dollars to fund homeless programs. Federal programs for the homeless are currently granted on a competitive versus allocated basis that do not necessarily address unique community concerns. Presently Collier County does not fund social services of this type and the County does not yet qualify to receive Emergency Shelter Grant funds directly from HUD. However, as CoC Lead Agency the County will be positioned to more effectively plan its collaborative role in meeting the needs of its homeless population, as well as better leverage mainstream funding sources for this purpose. Proposed Accomplishments The County will provide services to 20 homeless families over the fiscal years 2001-2002 to 2005-2006. **As of this writing, the number for the 2003 Homeless Census had not been tabulated. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Coun(v, Florida -17- OTHER SPECIAL NEEDS (SUPPORTIVE HOUSING) STRATEGY 17F Rationale for Priorities The following analysis examines the housing and supportive needs of elderly and grail elderly households, severely mentally ill households, developmentally and physically disabled households and persons with alcohol or other drug addiction or persons with AIDS and related diseases. The table below compares the number of persons with special housing needs with the number of existing group home or facility beds for those needs and the number of additional beds needed. Statewide prevalence rates, provided by Florida's Development Disabilities Planning Council, were used to determine the potential needs of Collier County. Special Needs population~ Residential Beds and Unmet Needs Statewide County Existing Unmet Special Needs Population Rate Needs Beds Needs Children .00062 139 1,540 none Frail Elderly .00476 1,066 1,167 none Developmentally Disabled .00075 168 10 158 Mentally Ill .00154 345 0 0 Source: Florida Developmental Disabilities Planning Council, 1999. Frail Elderly While proposed spending cuts may reduce the amount of support, the Florida Department of Children and Families (DCF) currently has enough supplemental assistance dollars to place low- income elderly in Assisted Care Living Facilities (ACLF's). Nine facilities with a capacity of 605 provide nursing care. There are 562 nursing home beds in Collier County. The County has assigned this a low priority. Children in Foster or Special Care The need for additional foster and special care facilities for children is not critical in Collier County. The County has assigned this a low priority. Persons with Physical Disabilities Two facilities, with a capacity of 10 beds, provide care for persons with physical disabilities. The County has assigned this a low priority. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Flori&t -18- 17F Persons with Developmental Disabilities There is a potential need for 158 additional beds in Collier County for persons with developmental disabilities per the 5-year Consolidated Plan. The County has assigned this a low priority. Mental Health Consumers Rather than house mental health consumers in special facilities, it is more effective to integrate them into the private housing market while providing material, emotional and skill training support through outreach and walk-in clinics. The County has assigned this a low priority. Persons with Alcohol/Other Drug Addiction The primary needs of this group are for 30-day detoxification housing and long-term medical care. The County has assigned this a low priority. Persons with AIDS Neighboring Lee County has received a Continuum of Care grant to serve as the region's center for AIDS housing. However, local nonprofit organizations serving the AIDS population in Collier are researching funding opportunities to provide a local housing program combined with support services. This population requires improved data collection to determine housing/service needs, especially with regard to the Immokalee area. Obstacles Insufficient funding as well as a lack of a directed community planning process to address the needs of the County's special populations are identified as obstacles to meeting the needs of this group. Proposed Accomplishments For the reasons stated above, the County has assigned this area a low priority for governmental action and does not intend to undertake activities in this area at this time. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CounU, Florida -19- NON-HOUSING COMMUNITY DEVELOPMENT PLAN The following information subdivides this strategy into categories. A. Acquisition 17F individual CDBG-eligible activity The County will acquire land for affordable housing and acquire land for necessary public facility improvements, such as parks, storm drainage and roads. B. Disposition The County does not expect to undertake any disposition activities with federal funds. Sub recipients undertaking acquisition/rehab/resale projects may be involved in disposition. C. Public Facilities and Improvements The County will make improvements, such as road paving, storm drainage, public utilities, park and recreation improvements, and community centers. D. Clearance The County may demolish and remove unsafe structures. E. Public Services The County Human Services Department will provide public services for low and moderate- income households. F. Interim Assistance The County does not intend to undertake any interim assistance. G. Payment of Non-Federal Share The County may utilize CDBG to pay a non-federal share of another grant if opportunities to leverage other funds arise. H. Urban Renewal Completion The County has no urban renewal projects. I. Relocation The County has planned no activities that will require relocation. Certain SHIP rehabilitation may however cause a small amount of displacement. J. Loss of Rental Income The County has planned no activities that will result in the loss of rental income. K. Removal of Architectural Barriers The County has planned no activities to remove architectural barriers, except in the course of its rehabilitation activities. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 20- L. Privately Owned Utilities The County has planned no activities that involve privately owned facilities. M. Housing The County will support its SHIP and affordable housing programs. N. Rehabilitation and Preservation The County may provide funding for housing rehabilitation and preservation. O. Economic Development The County will continue to provide economic diversification support and job training as part of its antipoverty strategy and in support of the State of Florida's WAGES welfare to work program. P. Special Activities by Sub recipients No special activities are planned at this time; however, the County will be receptive to proposals that further its objectives. Q. Planning and Capacity Building Activities The County will undertake planning and capacity building programs for its' Community Housing Development Organization (s), nonprofit organizations and all sub recipients. R. Administrative Costs The' County will administer the program. Rationale for Priorities The analysis of need found that the County should focus its efforts on assisting low-income households in their efforts to achieve self-sufficiency. Obstacles Although the County has insufficient funding to meet all of the identified needs, the County will be developing neighborhood revitalization plans for each potential target area and use those plans to guide its program activities. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count5,, Florida -21 - 17F PROPOSED ACCOMPLISHMENTS The £ollowing charts display the County's proposed accomplishments. Table below lists the connty's non-housing community development proposed accomplishments by CDBG-eligible category. FIVE YEAR NON-HOUSING COMMUNITY DEVELOPMENT STRATEGY SUMMARY BY CDBG ELIGIBLE CATEGORY CATEGORY ACTIVITY BUDGET ESTIMATE A. Acquisition Land Acquisition $ 1,000,000 B. Disposition None Planned $ C. Public Facilities and Improvements Low-Income Area Improvements $ D. Clearance DemolitiordRemoval o£ Unsafe Structures $ E. Public Services Public Services $ F. Interim Assistance None Planned $ G. Payment of Non-Federal Share None Planned $ H. Urban Renewal Completion None Planned $ I. Relocation None Planned $ J. Loss of Rental Income None Planned $ K. Removal of Architectural Barriers None Planned $ L. Privately Owned Utilities None Planned $ M Housing Affordable Housing Support $ N. Rehabilitation and Preservation Housing Rehabilitation $ O. Economic Development Economic Diversification Support $ P. Special Activities by Subreeipients None Planned $ Q. Planning and Capacity Building Costs $ $ R. Program Administrative Costs 3,000,000 50,000 1,500,000 1,500,000 250,000 1,000,000 100,000 2,035,000 FIVE YEAR TOTAL for ALL ACTIVITIES: $ 10,435,000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count5', Florida - 22 - 17F REDUCTION OF BARRIERS TO AFFORDABLE HOUSING In 1993, as part of a state-mandated affordable housing regulatory reduction self-review system, the County reviewed all of its development regulations in detail. The purpose of this review, was to wherever possible, reduce the cost of housing. As part of the 1993 review, the County reduced additional standards and adopted additional incentives to increase housing affordability, based on the recommendations made by the Affordable Housing Advisory Committee. (See the Collier County "Affordable Housing Incentives Plan" report to the state Housing Finance Corporation) In addition, Collier County has also created the Workforce Housing Advisory Committee. This Committee is a ten-member citizen group appointed by the Board of County Commissioners in November 2001. Through regular meetings they are charged with analyzing and developing programs, policies, and procedures for Collier County to enhance and increase the supply of affordable housing throughout the community. Some specific areas of study the Committee has focused on include: Inclusionary Zoning, Impact Fees, Land Development Code Amendments, Growth Management Plan Amendments, Land Trusts and public funding of a start-up non-profit Community Housing Development Organization (CHDO). The Committee's final recommendations and report are due to the Board of County Commissioners at a Workforce Housing Workshop Scheduled for April 4, 2003. Collier County has also significantly reduced its development processing times and established a one-stop permit center. These included: the waiver and/or deferral of impact fees, density bonuses; and the reduction of parking and setbacks, allowing zero-lot line developments. The County also followed state law and enacted regulations that allow group homes in all its residential zoning districts. The County, through the Housing Element of its Comprehensive Plan, must also ensure the availability of sufficient sites, with supporting infrastructure, for its affordable housing needs. These actions have reduced the regulatory barriers to affordable housing in Collier County. REDUCTION OF LEAD-BASED PAINT HAZARDS The County, through its Board of Health continues to monitor and respond to all suspected cases of lead poisoning. However this continues to be a very minor problem in the County, primarily due to the newness of the County's housing stock. The Collier County Health Department has targeted two (2) zip codes (34102 & 34103) areas for potential childhood lead poisoning cases screening. These two areas contained housing stocks that are pre-1970. A map of a childhood lead poisoning screening map is included in the section 4.0 One-Year Action Plan, Geographical Location. The Collier County Health Department is the leading agency that monitors lead poisoning cases. In 2002, there were 50 reported cases of Lead Poisoning in Collier County (Blood Lead Levels > 10). The Blood Levels (BLLs) were all determined from venous drawn blood. They ranged from a high of BLL 56 down to BLL 10. None of these cases reported were determined to be a result of housing stocks. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 23 - 17F The leading cause of Lead poisoning determined by the County's Health Department investigations was due to recent emigration from lead prone areas. In the majority of reported cases (33 cases), effected people were recent immigrants arrived from lead prone areas (Haiti - 28; Mexico - 4; Connecticut - 1). The Housing Authority has tested their units for lead-based paint and the Housing Authority has resident information programs regarding this matter. ANTIPOVERTY STRATEGY Collier County has several initiatives designed to reduce unemployment and increase economic opportunities for its poverty level residents. First, the County has an ongoing Economic Development Program. In 1995, Collier County formed a public/private partnership with its business community to significantly expand the County's economic development activities. The Economic Development Council of Collier County was charged with diversifying the County's economy. The partnership has been highly successful. Between 1995 and 2000, Collier County has added 21,116 new jobs, a 28% increase. This was three times the rate of neighboring Lee County (9%) the regional center and almost three times the statewide rate (11%). In addition, the County has made significant efforts to improve economic conditions in it low- income agricultural area of Immokalee. The County completely upgraded the general aviation airport, and had the portion of the airport (60 acres) designated as a Foreign Trade Zone (#213) and a State Enterprise Zone (#1101), which offers tax incentives to companies that locate there. The area has been designated as a Rural Federal Enterprise Community by the U.S. Department of Agriculture, which enabled the County to offer federal tax credits to companies that locate there. USDA provides $250,000 a year in seed money over the next ten years (1999-2010). This grant is being matched by the State Department of Community Affairs and is being administered by the Empowerment Alliance of Southwest Florida. The County has successfully opened a business incubator in Immokalee, and completed infrastructure and facade improvements to Main Street Immokalee, which is now part of the Main Street program. Second, as an important component of this economic development effort, the Florida Gulf Coast University funds a Small Business Development Center (SBDC), which teaches potential business people how to successfully start a new company. As a major new initiative, the SBDC has also begun customized job training programs that train local residents (most of whom are unemployed or underemployed) to take specific jobs at new or expanding programs. Third, in conjunction with the state's WAGES, Welfare to Work Program, the County, through Florida Gulf Coast University provides both life skill and customized job training for the County's low-income residents. These courses are designed to help under skilled workers obtain jobs in the private sector. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count, Flori&t - 24 - Fourth, the Southwest Florida Workforce Development Boards, Inc. One-Stop Community Career and Service Centers provide a network for comprehensive services and labor market information for employers, workers and job seekers. This organization is a partnership between business, labor, education, community, and government services. The 42-member Board oversees workforce development initiatives in Southwest Florida, which is compromised of Charlotte, Collier, Glades, Hendry, and Lee Counties. In Collier County, the SW FL Workforce Development Boards, Inc. provides one-stop facilities in Naples and Immokalee. Lastly, the FAH department actively seeks Economic Development applications through our CDBG process from for-profit and non-profit organizations alike. Collectively, these efforts represent a realistic County-level antipoverty strategy. PUBLIC HOUSING RESIDENT INITIATIVES The Collier County Housing Authority plans to implement a homeownership program and informs and encourages residents to participate in various affordable housing programs. FAIR HOUSING The County adopted its Fair Housing Ordinance on November 4, 1986, and amended the ordinance on February 4, 1992. The County has also adopted an anti-displacement plan and plans no activities that will require displacement within its FY 2001-2005 Consolidated Plan. CDBG funds were utilized to prepare an Analysis of Impediments to Fair Housing, which was revised in August of 2002 and approved by HUD's Office of Fair Housing and Equal Opportunity (FHEO) on December 23, 2002. The following are proposed actions to affirmatively further fair housing in the county: · Board of County Commissioners will pass a proclamation declaring April as Fair Housing month. · Prepare and advertise Fair Housing Month with ads in both local newspapers in English /Spanish. · Post Fair Housing notices and Fair Housing pamphlets (English/Spanish) to all the County's social service agencies. · Conduct Fair Housing seminars. · Education & Outreach to further fair housing choices. · Set aside CDBG funds to affirmatively further Fair Housing activities. SECTION 3 The following activities will be conducted by Collier County to comply with Section 3: · Develop and implement a process for Section 3 programs for HUD-funded projects. · Increase number of identified section 3 businesses. · Coordinate section 3 program · Education and outreach to promote section 3 programs. · County will continue to promote participation by businesses owned by minorities, women and disabled persons. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Cot~nty, Florida - 25 - 17F INSTITUTIONAL STRUCTURE Collier County will utilize a number of nonprofit housing and social service provider partners through a yearly request for proposal process to carry out its various housing and community development activities. The County will carry out its community development program directly and in conjunction with its local cities. Strengths/Gaps Assessment There are no real gaps in the County's institutional structure. The County's use of independent nonprofit housing and homeless service providers offer the opportunity to effectively utilize its existing agencies and develop new organizations. Organizational Relationships with Public Housing Authority Due to the growing population of Collier County and the limited number of Section 8 vouchers available, the County will continue to work with the Collier County Housing Authority to expand the availability of poverty level rental housing. To meet this objective, the County will designate a portion of its proposed allocation of HOME funds for a Tenant Based Rental Assistance (TBRA) program with the Collier County Housing Authority (CHA). These funds will be administered by the CHA and will follow the same tenant qualification guidelines as the Section 8 voucher program. TBRA funds may be used for monthly rental subsidies, utility deposits and security deposits. As a partner, the Collier County Housing Authority will be responsible for the administration of this program including the inspection of rental properties for certification of suitability and the income qualification of tenants. This program will be administered countywide. Overcoming Gaps The Financial Administration & Housing Department, and its network of CDBG/housing sub recipients, is effectively organized to utilize the funding it receives through various state/federal programs. The County has also actively sought discretionary grants from both state and federal agencies. The only major gap in this service provision is in the area of rental housing for extremely low-income households. The provision for this type of housing has traditionally been a federal/state responsibility through HUD and various federal/state programs. The reauthorization of the federal tax credit program for low-income rental construction now means that the private sector once again has the incentive to construct new rental housing. The tax credit, combined with the State Apartment Incentive Loan (SAIL) Program, which provides a developer with an additional state subsidy for low-income apartment construction, has made this type of construction economically viable. In addition, the state significantly increased its SAIL funding, which doubled in FY 1995/96 when the state's second half-cent documentary stamp tax for housing began. Unfortunately, these two programs typically do not reach the extremely low- income (below 30% MFI) renter households who are having the greatest problem. (Note: The Florida Housing Finance Corporation has just developed a special rental program that can assist households as low as to 25% of MFI.) The County intends to develop a plan to increase the supply of subsidized rental housing. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count., Florida - 26- In relation to homelessness, Collier County's nonprofit institutional structures currently provide the County with a response mechanism to its homeless population. As the Continuum of Care strategy continues to develop in the County and additional stakeholders participate in the process, the County anticipates its response to homelessness will expand proportionate to the needs of this population and the CoC strategies identified to address those needs. Organizational Cooperation Strategy The Department of Financial Administration and Housing will continue to be the primary entity responsible for coordinating and implementing these programs. In some cases, funds will be passed through to nonprofit and for profit housing providers and certain municipalities/government agencies through interlocal agreements or subrecipient agreements. Collier County does not have a local housing finance authority. It is served by the Florida Housing Finance Corporation jurisdiction. The authority uses tax-exempt bond financing to assist low and moderate-income homebuyers and rental developers. This tax-exempt status generally results in a lower rate of interest than what is available conventionally. Collier County has identified the following entities that will deliver and manage specific housing assistance and community development programs: Home Investment Partnerships (HOME) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Community Development Block Grant (CDBG) Program activities will be coordinated and managed through the Financial Administration and Housing Department and/or passed through to subrecipients using a Request for Proposal process. Emergency Shelter Grants (ESG) Program - The County does not directly receive ESG funds, but FAH Department staff is available to provide technical assistance as needed to any applicants serving Collier County. Shelter Plus Care - Collier County will support existing and future applications for funds from this source by a nonprofit agency that will manage, implement and deliver all services. The County will be the Lead Agency for this application and provide technical assistance as needed. Safe Havens - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Rural Homeless Housing - Collier County will encourage apPlications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count', Florida -27- , 17F Section 8 Rental Vouchers and Certificates Program - The Collier County Housing Authority administers these programs in Collier County. The Department of Housing and Urban Development (HUD) monitors all such programs. Farmers Home Administration Guaranteed Loan Program - Collier County will support any nonprofit making application for this program. Farmers Home Administration Single-Family Program - Loans are available to eligible individuals through this entity. Collier County's role is one of referral and support. Transitional Housing Grant - The County will encourage applications from nonprofits that will manage, implement and deliver services. The County will be the Lead Agency for this application and provide technical assistance as needed. Community Services Block Grant - The Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) received the County's very first Community Services Block Grant. The County will support IMMCAA's efforts in administering these funds. Permanent Housing for the Handicapped - Collier County will encourage applications from nonprofits that will manage, implement and deliver services. The County will provide technical assistance as needed. Other Federal Discretionary Funding - (SAFAH, Permanent Housing for the Homeless Handicapped, Supportive Housing for Persons with Disabilities, etc.) The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. Other State Programs: (Elderly Homeowner Rehabilitation Program, Florida Homesteading Program, Florida Fix Program, Housing Predevelopment Loan Program, State Apartment Incentive Loan Program, Low-Income Energy Assistance Program, Low-Income Emergency Repair Program, etc.). The County plans to monitor developments affecting the regulations and funding of these programs and submit or encourage applications where appropriate. SUPPORT OF APPLICATIONS FOR FUNDING BY OTHER ENTITIES Collier County will support the application of other entities for funding under competitive grant programs wherever possible and as appropriate. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count', Florida - 28 - 4.0 ONE YEAR ACTION PLAN 17F This One Year Action Plan provides details on the specific activities the County will undertake during the fiscal year 2003-2004 to implement its Five Year Strategic Plan. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 29 - 17F APPLICATION ' '~ Federal Standard Form Number 424 is the basic form that the County utilizes to apply for federal funding. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 30 - APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier April 18, 2003 B-03-UC-120016 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE" State Application Identifier  [~plication Preapplication Construction [] Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier [] Non-Construction [] Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Collier County Board of County Commissioners Financial Administration & Housing Department Address (give city, county, State, andzip code): Name and telephone number of person to be contacted on matters involvin( this application (give area code) 3050 N. Horseshoe Drive, #275 Lee Combs (239) 659-5750 Naples, FL 34104 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) [ -161olololalsllsI A. State H. Independent School Dist. 8. TYPE OF APPLICATION: B, County I, State Controlled Institution of Higher Learning [] New [] Continuation [] Revision C. Municipal J. Private University D. Township K. Indian Tdbe If Revision, enter appropriate letter(s)in box(es) ~ [~ E. Interstate L. Individual I .I L__._J F. Intermunicipal M. Profit Organization A, Increase Award B. Decrease Award C. Increase Duration G, Special District N. Other (Specify) D. Decrease Duration Other(specify): 9, NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 2 Il 181 Neighborhood improvements,senior citizen center, TITLE: CDBG Entitlement infrastructure support for affordable housing development, 12. AREAS AFFECTED BY PROJECT(Cities. Counties, States, etc.): prescription medication services, job training & youth program to very-low and Iow income households and Collier County, Florida persons throughout Collier County. 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 7/1/03 6/30/04 14 & 25 14 & 25 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $. 2,778,000 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant $ OD AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c. State $ DATE d. Local $ oD b. No. I~1 PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ OD D OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ OD 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? O0 g. TOTAL $ 2,778,000' [] Yes If "Yes," attach an explanation, [] No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Na~ ~orized Rep. r~sentative b. Title c. Telephone Number Tom, F~c~.~),_"../~' Charman, Board of County Comm. (239) 774-8097 d..S~jh'ature ~,f;~riz.~.~j~sentative ' e. Date Signed ~Zed,~,l:.oc~l~op_~.~0-r~ --'"'-- l-~p~, ,~!I1~ , Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 IVli:~T' 'EzJi3RO~.I~"~K: ~,?'"'"~ / '"" ,"~"'-' An' ..... ' '" ' Attest as FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier M-03-UC-120217 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier .plication Preapplication .- Construction [] Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier [] Non-Construction [] Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Collier County Board of County Commissioners Financial Administration & Housing Department Address (give city, couniy, State, andzip code): Name and telephone number of parson to be contacted on matters involvin( this application (give area code) 3050 North Horseshoe Drive, #275 Lee Combs (239) 659-5750 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) - F61 o I o il o I s I s ,, State H. Independent School Dist. 8. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning [] New [] Continuation [] Revision C. Municipal J. Pdvate University D. Township K. Indian Tdbe If Revision, enter appropriate letter(s) in box(es) ~-] ~-] E. Interstate L. Individual F. Intermunicipal M. Profit Organization A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (Specify) D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing & Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ~-~ --I2 I 3 I 9 I CHDO assistance, TBRA, Down payment assistance & TITLE: HOME Participating Jurisdiction owner-occupied rehabilitation program for very-low and 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): IOW income households in Collier County. Collier County, Florida t3. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 7/1/03 6/30/04 14 & 25 14 & 25 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $. 793,929 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant $ oo AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c. State $ ~0 DATE d. Local $ b. No. [] PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ ~0 [] OR PROGRAM HAS NOT BEEN SELECTED By STATE FOR REVIEW f. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 793,929' [] Yes If "Yes," attach an explanation. [] No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPMCATIONIPREAPPMCATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of jg~thodzed Representative b. Title c. Telel~hone Number (239) 774-8097 .T~.m,'iHer~' ~/ Cha rman, Board of County Comm. ~ ~. ~ . q.7,.7.~5 ved for' for'~ arlct iegat Standard Form 424 (Rev. 7-97) ' ~A '~riZi~:l'f°t~'(~-~'~e~3~6ducti°n~. ,_~ ~. , suf~'ic~enc,~ ~'il;h r'espect t,o Pmscribed by OMB Circular A-102 Countj Ytff, ' DeDut~/Clerk RESOURCES (FUNDING SOURCES) 17F The following resources are anticipated to be available in FY 2003-2004 to undertake these activities. Federal Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over funds from FY 2002-2003 Total Available CDBG Funds Housing Investment Partnerships (HOME) FY 2003-2004 Total Available CDBG and HOME Funds $2,778,000 50,000 2,828,000 793,929 $3,621,929 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmry, Florida - 31 - Funding Sources Entitlement Grant (includes reallocated funds) CDBG $2,778,000 ESG $ -0- HOME $ 793,929 HOPWA $ -0- Total $3,571,929 Prior Year's Program Income NOT previously programmed or reported Total $0 CDBG $ -0- ESG $ -0- HOME $ -0- HOPWA $ -0- Reprogrammed Prior Year's Funds $ 50,000 $ $ -0- $ -0- CDBG ESG HOME HOPWA Total Total Estimated Program Income Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Totals Un-Submitted Proposed Projects Totals Other Funds Submitted Proposed Projects Totals 17F Un-Submitted Proposed Projects Totals $50,000 $o $o $3,621,929 $o $3,621,929 $o $o $3,621,929 $o Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Count;, Florida - 32 - I?F 'I IDENTIFIED NEEDS AND ACTIVITIES TO BE UNDERTAKEN WITH FEDERAL RESOURCES The Following tables identify the needs for: Special Needs/Non-homeless Housing Needs; Continuum of Care Gaps Analysis - Individuals; Continuum of Care Gaps Analysis - Persons in Families with Children; and Community Needs. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 33 - 17F Special Needs of Non-Homeless Sub-Populations Priority Need Estimated Dollars to Address Elderly Low $500,000 Frail Elderly Low $500,000 Severe Mental Illness Low $500,000 Developmentally Disabled Low $500,000 Physically Disabled Low $500,000 Persons w/Alcohol/Other Drug Addiction Low $500,000 Persons w/HIV/AIDS Low $500,000 Other Total $3,500,000 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier County, Florida - 34 - 17F Priority Needs Summary Table PRIORITY HOUSING NEEDS Priority Estimated Estimated (Households) Need Units Dollars to Level Address 0-30% of MFI High 2,000 $20,000,000 Small 31-50% of MFI Medium 1,000 $10,000,000 Related 51-80% of MFI Low 1,000 $10,000,000 0-30% of MFI High 500 $5,000,000 Large 31-50% of MFI Medium 500 $5,000,000 Renter Related 51-80% of MFI Low 500 $5,000,000 0-30% of MFI Medium 400 $1,000,000 Elderly 31-50% of MFI Medium 100 $200,000 51-80% of MFI Low 100 $200,000 0-30% of MFI High 1,000 $1,000,000 All Other 31-50% of MFI Medium 1,000 $1,000,000 51 -80% of MFI Low 1,000 $1,000,000 0-30% of MFI High 2,500 $25,000,000 Owner 31-50% of MFI Medium 2,500 $25,000,000 51-80% of MFI Low 2,500 $25,000,000 Conxolidated Plan One- Year Action Plan FY 2003-2004 Collier CounO', Florida - 35 - Homeless and Special Needs Population 17[ INDIVIDUALS Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 343 144 199 H Beds/Units Transitional Housing 185 20 165 M Permanent Housing 158 22 136 L Total 686 186 500 Job Training 315 157 158 L Case Management 63 l 303 328 H Estimated Substance Abuse Treatment 274 137 137 L Supportive Mental Health Care 398 200 198 M Services Slots Housing Placement 549 220 329 H Life Skills Training 480 240 240 M Other (Health Care) 514 257 257 M Other (Transportation) 617 370 247 M Chronic Substance Abusers 30 l 150 151 H Seriously Mentally Ill 137 69 68 M Dually-Diagnosed 130 52 78 M Estimated Sub- Veterans 69 35 34 L Populations Persons with HIV/AIDS 23 12 11 L Victims of Domestic Violence 26 ! 138 123 H Youth 75 35 40 L Other (Physically Disabled) 27 13 14 L PERSONS IN FAMILIES WITH CHILDREN Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 210 66 144 H Beds/Units Transitional Housing 176 47 129 M Permanent Housing 34 0 34 L ___ Total 420 113 307 Job Training 256 102 154 L Case Management 386 154 232 H Estimated Child Care 244 65 179 M Supportive Substance Abuse Treatment 177 68 109 L Services Slots Mental Health Care 260 102 158 M Housing Placement 362 109 253 H Life Skills Training 295 115 180 M Other (Health Care) 315 122 193 M Other (Transportation) 378 227 151 L Chronic Substance Abusers 185 74 111 H Seriously Mentally Ill 50 20 30 M Dually-Diagnosed 80 32 48 M Estimated Sub- Veterans 13 5 8 L Populations Persons with HIV/AIDS 13 5 8 L Victims of Domestic Violence 231 138 93 H Other (ESL Language) 33 13 20 L Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 36 - 17F COMMUNITY DEVELOPMENT NEEDS PRIORITY COMMUNITY Need Estimated Estimated Dollars DEVELOPMENT NEEDS Level Priority to Address Units PUBLIC FACILITY NEEDS Overall High 22 $5,750,000 Public Facilities & Improvements (General (03)) High 10 $2,500,000 Handicapped Centers (03B) Low 0 $0 Neighborhood Facilities (03E) High 5 $2,500,000 Parks and/or Recreation Facilities (03F) High 5 $250,000 Parking Facilities (03G) Low 0 $0 Solid Waste Disposal hnprovements (03H) Low 0 $0 Fire Stations/Equipment (030) Med 0 $0 Health Facilities (03P) Med 2 $500,000 Asbestos Removal (03R) Low 0 $0 Clean-up of Contaminated Sites (04A) Low 0 $0 Interim Assistance (06) Low 0 $0 Non-Residential Historic Preservation (16B) Low 0 $0 INFRASTRUCTURE Overall High 72,510 $13,100,000 Flood Drain Improvements (03I) High 2,500 $2,500,000 Water/Sewer Improvements (03J) High 10,000 $3,000,000 Street Improvements (03K) High 50,000 $6,250,000 Sidewalks (03L) Med 10,000 $1,000,000 Tree Planting (03N) Low 5 $250,000 Removal of Architectural Barriers (10) Low 5 $100,000 Privately Owned Utilities (11) Low 0 $0 PUBLIC SERVICE NEEDS Overall High 11,500 $3,500,000 Public Services (General (05)) High 5,000 $500,000 Handicapped Services (05B) Low 0 $0 Legal Services (05C) Low 0 $0 Transportation Services (05E) High 1,000 $1,000,000 Substance Abuse Services (05F) Low 0 $0 Employment Training (05H) High 500 $1,000,000 Health Services (05M) High 5,000 $1,000,000 Mental Health Services (050) Low 0 $0 Screening for Lead-Based Paint/Lead Hazard (05P) Low 0 $0 ANTI-CRIME PROGRAMS Overall Low 1 $10,000 Crime Awareness (05 I) Low I $10,000 YOUTH PROGRAMS Overall Med 10,509 $ l 2,000,000 Youth Centers (03D) Med 2 $1,000,000 Child Care Centers (03M) Med 5 $2,500,000 Abused and Neglected Children Facilities (03Q) Med 2 $1,000,000 Youth Services (0SD) Med 5,000 $2,000,000 Child Care Services (05 L) Med 5,000 $5,000,000 Abused and Neglected Children (05N) Med 500 $500,000 SENIOR PROGRAMS Overall Low 0 $0 Senior Centers (03A) Low 0 $0 Senior Services (05A) Low 0 $0 Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CottnO,', Florida -37- ECONOMIC DEVELOPMENT Overall High 13 $13,500,000 Rehab; Publicly or Privately-Owned Commercial/h~dustrial ( 14E) High I $100,000 CI Land Acquisition/Disposition (17A) Low 0 $0 CI Infrastructure Development ( 17B) High 1 $1,000,000 CI Building Acquisition, Construction (17C) High 3 $11,500,000 Other Commercial/industrial Improvements (17 D) High 2 $500,000 ED Direct Financial Assistance For-Profit (18A) High 2 $200,000 ED Technical Assistance (18B) High 2 $100,000 Micro-Enterprise Assistance (18C) High 2 $100,000 PLANNING & ADMINISTRATION Overall High 0 $0 TOTAL ESTIMATED DOLLARS $47,800,000 NEEDED Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Cotmty, Florida - 38 - ACTIVITIES TO BE UNDERTAKEN Following is the Use of Funds for the fiscal 2003-2004-program year: CDBG: Storm Drainage Improvements - Marco Island Park Improvements - City of Naples Affordable Housing Development Land Acquisition Infrastructure Support - East Naples Senior Housing - Immokalee Job Creation - Immokalee Senior Center Addition - East Naples Prescription Medications - Collier County Job Training & Support - Immokalee Education & Training - Immokalee HMIS - Hunger & Homeless Coalition Immokalee Youth Program Fair Housing - Education and Outreach Program Planning and Administration TOTAL CDBG $250 000 250 000 350 000 700000 275.000 100.000 83.000 130.000 60,000 54,000 50,000 50,000 3,000 477,000 $2,828,000 HOME: CHDO set-aside Residential Rehabilitation assistance Down payment assistance Tenant Based Rental Assistance CHDO Operating Housing Delivery Cost Program Planning and Administration $224,179 225,000 100,000 100,000 37,000 33,750 74,000 TOTAL HOME $793,929 The following narratives and tables demonstrate the activities that will be undertaken during the fiscal year 2003-2004 by the County to address priority needs in terms of local priorities identified in the five- year strategy. For each activity, the listing provides details on the type of project, the funding level, the location, as well as on the number and type of income households or people it is designed to assist and a target date for completion of the activity. Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CotmO~, Florida - 39 - Project Descriptions 17F Affordable Housing Programs CDBG, HOME and SHIP resources provide Collier County with the means to assist residents with the purchase of housing, or the rehabilitation of substandard housing for residents with incomes of 80% or less than the median income for Collier County ($61,400) being median income for a family of four). The Financial Administration and Housing Department uses SHIP and HOME funds to match applicable federal dollars for its general housing rehabilitation program and homeownership programs. All of Collier County's affordable housing programs are based on a first- come, first-served basis, with preference given to residents of the target areas, elderly and disabled residents and emergency/life-threatening conditions. All affordable housing programs conform to specific CDBG, HOME and SHIP regulations. CDBG funds are also spent on infrastructure support (water & sewer line installation, sidewalks, entry roads & site preparations) for the affordable housing developments built by Habitat for Humanity, Inc. Land Acquisition CDBG funds will be used by the County as leverage to assist in the development of affordable housing through nonprofit Community Based Development Organizations (CBDO). This use of CDBG funds meets the number one priority of the County 5-Year Consolidated Plan to support the provision of affordable housing for its low-income (below 50% of MFI) working poor residents. CDBG funds will be used by a nonprofit developer to purchase a 7.5-acre parcel of land in Immokalee to construct housing for senior citizens. This property is currently zoned for multi-family rental housing. The applicant proposes to construct 46 new one and two-bedroom apartments to house very low and low-income elderly persons and will serve 69 very-low income elderly renters annually. Residents will pay 30% of their income for rent. Housing Rehabilitation Assistance Proposed HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 13 low-income homeowners with the rehabilitation of their primary residence. The maximum proposed HOME assistance for rehabilitation is $15,000 per residence. Assistance of this program is secured by a five-year, non-amortizing, deferred mortgage. As long as the original owner continues to occupy the rehabilitated units for the full term of the deferred mortgage, no interest shall accrue and no monthly payments are required. If sale, refinancing or transfer of title occurs during the mortgage period, the full amount of assistance is due without interest. Down Payment Assistance Proposed HOME and SHIP funds will be used to maintain affordable housing by assisting approximately 20 low-income first-time homebuyer families with purchase of newly constructed homes. The maximum proposed HOME assistance is $5,000 per residence. The maximum price of a new home cannot exceed $130,000. Assistance of this program is secured by a five-year, non-amortizing, deferred mortgage. Neither interest nor payments are made as long as the property is homesteaded and used as the original purchaser's primary residence. If at sale, refinancing, or transfer of title occurs; or the Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmty, Florida - 40 - property is not used as the homebuyer's permanent residence during the term, the mortgage becomes immediately due and payable in full. ~five-yeh~ ~tgag~ Infrastructure Support for Affordable Housing Development CDBG funds will provide infrastructure support (water & sewer, entry roads, underground electric, engineering and driveway aprons) for Phase II of the affordable housing development (70 single-family homes) being built by Habitat for Humanity of Collier County has a long history of providing affordable housing in Collier County. By providing infrastructure support, the price of homes will be affordable to very low-income families. This project will provide affordable homes for approximately 340 very low- income beneficiaries. The cost of the homes is estimated to be around $70,000 each ($60,500 mortgage). Tenant Based Rental Assistance (TBRA) Proposed HOME funds will be used to partner with the Collier County Housing Authority (CHA) to provide TBRA to assist tenants with the costs associated with their housing. This assistance will provide funds to make up the difference between the amounts a qualified household can afford to pay for housing and local rent standards. TBRA can also be used to assist tenants for housing costs such as security and utility deposits. The program will follow all Section 8 guidelines. TBRA will better help the County meet the fluctuating demand for housing. Community Housing Development Organization (CHDO) Proposed HOME funds will be used to support the affordable housing activities of CHDO's serving Collier County. The County, as a participating jurisdiction (PJ) must invest (set aside) at least 15 percent (15%) of its total HOME allocation in projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the development of homeownership or renter units. Currently, there is only one certified CHDO in Collier County, the Empowerment Alliance of Southwest Florida (EASF) who will receive the set aside funds as well as funds for operating support as per the Home Investment Partnerships Program (HOME). Economic Diversification Another way of assisting low-income people toward self-sufficiency is through providing better paying employment. Supporting economic diversification is the County's second highest priority. Economic Development - Job Creation CDBG funds will be used to create six new jobs (4 FTE's) and provide personnel salaries to launch start-up of the Blueberry Store and Catering Company located at the Activity Center in the Jubilation development in Immokalee. These positions include a store manager, kitchen manager and four part- time assistants, who will all be staffed by low to moderate-income individuals. Harvest for Humanity built a 110-acre farm with 36 acres of blueberries. It is also building the Jubilation subdivision of 89 affordably owned homes and a 6,600 square foot Activity Center/Blueberry Store and Catering Company (construction complete in March, 2003). Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida -41 - 17F Public Facilities The County supports the development and implementation of public facilities and improvements for low-income households in identified areas. Addition of Senior Citizen Activity Center CDBG funds will be used by the Collier County Department of Parks and Recreation in conjunction with the Collier County Department of Human Services propose a permanent home for the Senior Connections program at East Naples Community Park. The proposed activity is the design and construction of a 2,400-square-foot wing addition to the existing Community Center facility resulting in a permanent Senior Center. This expanded facility will enable Senior Connections of SW FL, a nonprofit corporation, to double the number of seniors currently served through its on-site lunch program. This expanded facility will allow Senior Connections to expand its current services to the low- income elderly residents from the surrounding neighborhoods, as well as introduce new programs such as transportation allowing the recruitment of additional participants in the program. Public Services Unlike most Counties in Florida, Collier does not contribute any funds to social services beyond what is mandated. CDBG funds, while limited to 15%, are necessary to provide social services to low-income residents. Prescription Medications Service CDBG funds will be used to provide direct assistance with the purchase of prescription medications prescribed by a physician, to individuals according to the low and moderate-income guidelines established through the Community Development Block Grant program. Grant funds will be used only to help people who are legal Collier County residents, who are means-tested, who are ineligible for any other type of medication assistance, and who have valid prescriptions from a medical provider. Job Training and Support The proposed activity will provide educational advancement for an additional 25 students. The costs include vocational classes, childcare expenses and the cost of a part-time case manager to manage and monitor the progress of the students. Education and Training CDBG funding is requested to expand the scope of services offered at intergenerational Family Nights, which allow parents to join their children after school for an evening of academic and cultural enrichment for both. The activities are designed for family involvement in English literacy, mathematics, and access to and the use of technology. Childcare and dinner are provided to encourage full attendance. Health education and screening, available housing, and training for job opportunities will be the integral components of expanded Family Nights that will help families start to view the neighborhood school as a resource. The goal is to ensure families have information and better access to vital services. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County', Florida - 42 - CDBG funds will be used by The Empowerment Alliance of Southwest Florida to coordinate and manage a youth employment program in Immokalee. The program will serve 20-25 teenagers between the ages of 14 and 19. The youth will work in non-profit organizations and government agencies such as Parks and Recreation. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. General Planning - Homeless Management Information System (HMIS) CDBG funds will be used to provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at-risk of homelessness population in Collier County in improved access to services. HMIS will provide participating agencies with improved data collection methods; provide stakeholders with more reliable statistical information and fulfill the HUD requirement to implement an HMIS system by October 2004 in order to continue to be eligible to apply for HUD Continuum of Care funding. Participating Jurisdictions In 2001, Collier County entered into participating parties agreement with the cities of Naples and Marco Island qualify for an entitlement status to receive the CDBG funding directly from the HUD. City of Naples CDBG funds along with the City's funds will be used to construct a new 12,000 square foot community center to replace the 3,500 square foot facility that was built in the 1950's in River Park neighborhood. A larger facility will allow for expanded educational and recreational program opportunities for approximately 700 very low and Iow-income children. Educational and recreational programs will be available for approximately 500 very low and low-income seniors and adults in the neighborhood. City of Marco Island CDBG funds along with the City's funds will be used for reconstruction and expansion of an existing deficient storm water drainage facility in the low-income area. Fair Housing Collier County has successfully completed its Analysis of Impediments and has made an effort to participate in activities that affirmatively further fair housing. CDBG funds will be used to provide information and educate the public about their rights under Fair Housing regulations. The County will sponsor as well as participate in Fair Housing seminars as well as EOU&L HOU$1lqG continue to develop its Fair Housing Initiatives Program. O P F' O l~ T U Iq I T ¥ The Fair Housing Act prohibits discrimination based on race, sex, national origin, color, religion, handicap and familial status. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida - 43 - HUD PROPOSED PROJECT TABLES Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cot,trtO/', Florida - 44 - 0 0 'LTF 17F © © 0 g ~ 0 © 17F ~ 0 0 17F ~oo o 0 ,gq ~ 17F © © 17F ~8oo o © © 17F © 0 17F 0 0 17F 0 0 17F 17F 0 0 © © 0 © 0 17F 0 r..) r-q © o 17F 0 0 17F 0 © 17F 0 17F © 0 © 17F © 0 17F 0 © 17F 17F GEOGRAPHIC LOCATION The following map demonstrates the geographical location of the proposed projects to be completed during the fiscal year 2003-2004 with the Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds. In addition, maps showing the location of racial concentrations and the areas of low-income concentration in the County and Lead Poisoning Screening map are attached. Consoli&zted Plan One-Year Action Plan FY 2003-2004 Collier Coun(v, Florida - 67 - I T45S I T47S J T48S J T49S J TS0S I T51S I T52S I T535 I 1ZEa uJ O UJ ~N~O~ A~aN3H mO ,L,LNnO0 339 O U Bmmlmm 0¢ AJ. NnOO 0~¥~0B8 o~ 3:0 ILU. 5.0 MONITORING The County will perform on-site monitoring for federal, state and contract compliance of each of its sub recipients at least once each year. Technical assistance will be included with the monitoring. The monitoring program includes in-house review of every payment request. Prior to'the end of each program year, an in-house review will be conducted to evaluate compliance progress, technical assistance needs, and future fundability. The Financial Administration and Housing Department's systems have been developed for the ongoing management of its' programs. These systems are in place to ensure compliance with all comprehensive planning requirements and may include the use of checklists, tracking sheets, annual calendars, monthly reports, program procedures manual and operational checks and balances. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Flori&~ - 68 - 6.0 CERTIFICATIONS 17F The Following certifications are included as required by the Title 24 Housing and Urban Development/24 CFR 91.225. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County', Florida - 69 - Certifications In accordance with the applicable statutes and the regulations governing the consolidated plat regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, whicl~ means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drag-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) (b) (c) (d) (a) (b) o The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - ., Abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless Consolidated Plan One- Year Action Plan FY 2003-2004 Collier CotmU, Florida 17F the Federal agency has designated a central point, for the receipt of such notices. include the identification number(s) of each affected grant; Notice shal o Taking one of the following actions, within 30 calendar days of receiving notice unde~ subparagraph 4(b), with respect to any employee who is so convicted - (a) (b) Taking appropriate personnel action against such an employee, up to and including termination consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drag abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drag-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid 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 of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with C. DBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Consolidated Plan One-Year Action Plan FY 2003-2004 Collier County, Florida Section 3 -- it wiU comply with section ~ of thc Housing ~nd Urban Development Act of ~968, and implementing regulations at 24 CFR Part 135. Tom Henning, Chairman %22.~)~I~ Collier County Board of County Commissioners Collier County, Florida Date Approveit.~to form & legal sufficiency Patrick G.'*/(/~i~i~fiV~unty Attorney Consolidated Plan One-Year Action Plan FY 2003-2004 Collier CounO,, Florida Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan tha satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifie~, community development and housing needs and specifies both short-term and long-term communit5 development objectives that provide decent housing, expand economic opportunities primarily fox persons of Iow and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2001, 2002, and 2003 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that i"elates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other Consolidated Plan One- Year Action Plan FY 2003-2004 Collier Cotmry, Florida source other than CDBG funds. Also, in the case of properties owned and occupied by te- income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It will comply with applicable laws. Tom He~n'(ng, Chai~nan'q.22~ Collier County Board of County C*ommissioners Collier County, Florida Date .' r'~.,'{'¢C', .. ATTEST: .. ,. ~:...~.,.,-~,.~ ' .__ _.-' ~,.,-,. ~' ~-~?':'.. ,?: --. Approve~~,~fficiency Patrick G. White, Assistant County Attorhey Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance - If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs - it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in 24 CFR § 92.214. Appropriate Financial Assistance - before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. ~;~l~eHr ~gt ~ CBho-~n~c~u~n t y~o mmi s s io ners Collier County, Florida Date Approved a~~ciency Patrick G. White, Assistant County Attorney INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this 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. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug- Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of th~ grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Consolidated Plan One-Year Action Plan FY 2003-2004 Collier Count, Florida Place of Performance (Street address, city, county, state, zip code) Collier County Board of Commissioners Administration Building 3301 East Tamiami Trail Naples, FL 34112 -and - 17F Collier County Financial Administration and Housing Department 3050 North Horseshoe Drive, Suite 275 Naples, FL 34104 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the gr~~of subrecipients or subcontractors in covered workplaces). Tom Henning, Chairman d~q-Z2--0~ Collier County Board of County Commissioners Collier County, Florida Approved as to form & legal sufficiency Patrick (~~~t~ounty Attorney 7.0 APPENDIX 17F Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 78 ADOPTING RESOLUTION 17F Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 79 RESOLUTION NO. 2003 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS B Y COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in can'ying out the HUD programs, and an action plan that provides a basis for assessing performances; Page 1 of 3 17F NOW, 'THEREFORE BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: o OF COUNTY The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME Programs. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the Page 2 of 3 form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this twenty-second day of April 2003, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Patrick G. White Assistant County Attorney Page 3 of 3 "EXHIBIT A" 17F Funding Resources: Community Development Block Grant (CDBG) FY 2003-2004 CDBG Carry over funds from FY 2002-2003 Total Available CDBG funds $2,778,000 50,000 $2,828,000 HOME Investment Partnerships Program Grant (HOME) FY 2003-2004 793,929 Total Available HUD funds for FY 2003-2004 $3,621,929 Activities to be Undertaken: Project ~ CDBG Activity / Location Responsible Sub- Amount Number Recipient / Agency CD 04-01 Stormwater Drainage Improvements - Marco Island City of Marco Island $250,000 CD 04-02 River Park Community Center - Naples City of Naples $250,000 CD 04-03 Affordable Housing Development Land Collier County FAH $350,000 Acquisition CD 04-04 Affordable Housing Infrastructure Support- Habitat for Humanity of $700,000 East Naples Collier County, Inc. CD 04-05 Senior Housing - Immokalee United Church Homes $275,000 CD 04-06 Prescription Medications - Countywide Collier County Department of $130,000 Human Services CD 04-07 Job Creation - Immokalee Harvest for Humanity, Inc. $100,000 CD 04-08 Senior Center Addition - East Naples Collier County Department of $83,000 Parks & Recreation CD 04-09 Job Training & Support - Immokalee IMMCAA $60,000 CD 04-10 Education & Training - Immokalee Empowerment Alliance of $54,000 Southwest Florida (EASF) - Kaleidoscope Project CD 04-11 Homeless Management Information System Collier County Hunger & $50,000 Homeless Coalition CD 04-12 Immokalee Youth Program EASF - Youth Project $50,000 CD 04-13 Fair Housing - Education & Outreach - Collier County FAH $3,000 Countywide CD 04-14 Program Planning & Administration CDBG Collier County FAH $473,000 Total CDBG $2,828,000 Project HOME Activity / Location Responsible Sub- Amount Number Recipient / Agency HM 04-01 CHDO set-aside Empowerment Alliance of SW $224,179 FL HM 04-02 Residential Rehabilitation - Countywide Collier County FAH $225,000 HM 04-03 Down Payment Assistance - Countywide Collier County FAH $I00,000 HM 04-04 Tenant Based Rental Assistance Collier County Housing $100,000 Authority HM 04-05 CHDO Operating EASF $37,000 HM 04-06 Housing Delivery Cost Collier County FAH $33,750 HM 04-07 Program Planning & Administration Collier County FAH $74,000 Total HOME $793,929 Page 1 of 1 EXHIBIT "B" AGREEMENT BETWEEN COLLIER COUNTY AND SUB-RECIPIENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # 17F THIS AGREEMENT, is entered into this day of, 20__, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "NAME OF SUBRECIPIENT," a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and SUBRECIPIENT AGREEMENT Page I of 21 WHEREAS, The Board of County Commissioners of Collier County approved Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the Resolution on April 22, 2003, including the use of this standard form Agreement; and the Collier Count) CDBG Program by WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "NAME OF SUBRECIPIENT" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "NAME OF SUBRECIPIENT" to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) ounty means Colher County, and where apphcable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means "NAME OF SUBRECIPIENT". "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. SUBRECIPIENT AGREEMENT Page 2 of 21 17F III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. . The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed ($) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification fi'om the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. S UBRECIPIENT AGREEMENT Page 3 of 21 COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. o 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. o ° 10. 11. 12. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. 14. 15. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 SUBRECIPIENT AGREEMENT Page 4 of 21 17F "'Il 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act ol 1970 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 29 CFR Parts 3, 5 and 5a Regulations which prescribe the payment ot prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. SUBRECIP1ENT AGREEMENT Page 5 of 21 30. i?F 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the FAH Department or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. SUBRECIPIENT AGREEMENT Page 6 of 2 l 17F F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. SUBRECIPIENT AGREEMENT Page 7 of 21 VIII. 17F 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit ot liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. Financial Management The SUBRECIPIENT agrees to comply with OMB Circular A-110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and SUBRECIPIENT AGREEMENT Page 8 of 21 procedures required therein, utilize adequate internal controls, and maintain necessary sourc~ documentation for all costs incurred. B. Documentation and Record - Keeping The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WEB/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the County, or HUD at any time. SUBREC1PIENT AGREEMENT Page 9 of 21 F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (19 All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECLPlENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by SUBRECIPIENT AGREEMENT Page 10 of 21 17F reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBREC1PIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED EN'I'ERPRISES BUSINESS In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. SUBRECIPIENT AGREEMENT Page I 1 of 21 Do 17F PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the County. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the County or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBREC1PIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereofl This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIP1ENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. SUBRECIPIENT AGREEMENT Page 12 of 21 H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. SUBRECIPIENT AGREEMENT Page 13 of 21 17F B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). SUBRECIPIENT AGREEMENT Page 14 of 21 XIII. XIV. 17F CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of fifteen (15) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of ,20 (SUBRECIPIENT SEAL) NAME OF SUBRECIPIENT BY: BY: SIGNATURE PRINT NAME Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney COLLIER COUNTY, FLORIDA BY: JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES SUB RECIPIENT AGREEMENT Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on theSUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Total $ Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH. SUBRECIPIENT AGREEMENT Page 16 of 21 Ho 17F STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in 13 (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its ubcontractors S ' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. SUBRECIPI~NT AGREEMENT Page 17 of 21 !..7F EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director SUBRECIPIENT AGREEMENT Page [8 of 21 17F EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10ta of the following month. Status Report for Month of Submittal Date: 1. Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Fax: 2. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 3. What events/actions are scheduled for the next two months? 4. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 5. List any additional data relevant to the outcome measures listed on the application for this project. SUBRECIPIENT AGREEMENT Page 19 of 21 17F 6. New contracts executed this month (if applicable): e Name of Amount Contractor Ethnicity Race Contractor Contractor or of Federal ID (see (see Address Subcontractor Contract Number definitions definitions on & Phone on page page 21) 21) No. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits (households) or (persons). Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1" on the next page. INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) as indicated by the attached income chart. Enter this number in box "2" on the next page. Of the households or persons assisted, are very Iow-income (31-50%)as indicated by the attached income chart. Enter this number in box "3" on the next page. Of these households or persons assisted, are low income (51-80%) as indicated by the attached income chart. Enter this number in box "4" on the next page. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number Extremely Very Low Income Female of Low income Low income (51-80%) Headed Households or Persons (0-30%) (31-50%) Household Assisted SUBRECIPIENT AGREEMENT Page 20 of 21 17F Subrecipients must indicate total beneficiaries for Ethnicity AND Race Definitions of Ethnicity: i. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2. Not Hispanic or Latino: A person not or Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless or race. Definitions of Race: 1. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. Black or African-American: A person having origins in any of the black racial groups of Africa. 4. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Tabulation Table of Ethnicity and Race Beneficiaries American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White SUBRECIPIENT AGREEMENT Page 21 of 21 CITIZEN PARTICIPATION PLAN Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 80 OR: 2764 PG: 0781 Collier County FLOR[DA PLANN[NG GROUP, INC. ' AGENDA ITEM ' "°'/~" (tt) , ~ JAN 0 9 2001 pg. ~ OR: 2764 PG: 0782 CONTENTS 17F INTRODUCTION SECTION 1 PUBLIC MEETINGS SECTION 2 TECHNICAL ASSISTANCE SECTION 3 PROJECT IDENTIFICATION SECTION 4 PUBLIC HEARINGS 1. Review of Program Performance Hearing 2. Community Development Needs Hearing 3. Notices of Meetings and Hearings SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) SECTION 6 PROGRAM INFORMATION SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS SECTION 8 COMPLAINTS AND INQUIRIES SECTION 9 SUBMISSION OF CONSOLIDATED PLAN SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE 00-111 AGENDA ITEM '"°' ~/O JAN 0 9 2001 OR: 2764 PG: 0783 In conformance with the provisions of 24 CFR (Code of Federal Regulations) 91, "Consolidated Submissions for Community Plamfing and Development Programs" and more specifically with the provisions of 24 CFR 91.401 and 24 CFR 91.105, Collier County has adopted the folloWing Citizen Participation Plan. Required by HUD regulation and Public Law 100-242, this Consolidated Plan outlines the methods used in the development of the annual Consolidated Plan and describes how Collier County provides for maximum citizen participation in the development of the Plan. The method established by Collier.i County for allowing citizen participation and input for the development of the Consolidated :Plan provides for the most basic and appropriate level of participation. It is the intent of the County to provide for the maximum level of citizen participation, in order to gather the most meaningful, thorough and effective input from its citizens. A process consisting of the following steps maximizes citizen participation in the development of the Consolidated Plan: 1. Public meetings. 2. Technical assistance for citizens groups and organizations in developing funding proposals. 3. Solicitation of project requests and proposals. 4. Public hearings. 5. Advertisements for a 30-day public comment period. 6. Board of County Commissioners' approval. 7. Program information. 8. Handicapped and bilingual provisions. 9. Complaints and inquiries. 10. Submission of the Consolidated Plan. Citizen participation requirements shall not be construed to restrict the responsibility or authority of the County for the development and execution of its community development block grant program activities. The Board of County Commissioners remains the sole approving authority for the program and any amendments. AGENDA ITEM No. JAN 0 9 ZOO1 1 OR: 2764 PG: 0784 Public meetings -,'ill be held at various locations including-,,,,,,o,,. .... locations convenient to the residents of the County. Meeting times will also be convenient to residents and held at night. SECTION 2 TECHNICAL ASSISTANCE Technical assistance will be provided for individual citizens, citizen groups, eligible nonprofit organizations and participating cities who need such assistance in developing project proposals. Such assistance is available upon request from the Housing and Urban Improvement Office of the County. Assistance and information provided include lower income population benefit data (per area), applicable regulations, maps and other data, if available. Groups or individuals needing technical assistance should contact the County's Housing and Urban Improvement (HUI) Office at 941/403-2330. SECTION 3 PROJECT IDENTIFICATION Based on input from the public meetings and discussions with individual citizens, citizen groups, nonprofit organizations and participating cities, County and City staff will identify additional projects in addition to those submitted directly. Staff will then summarize each project request for citizen and public review. SECTION 4 PUBLIC HEARINGS At the beginning of the Consolidated Plan development process, the public is notified through public notices and mailouts on the amount of grant funds expected, and of the dates and times of hearings. They are encouraged to participate in public hearings to obtain their comments. The public hearings held for the COnsolidated Plan are designed to give the County's residents full disclosure of the funding programs and their operations. The hearings allow the County to obtain citizens' views, comments and responses to the Consolidated Plan-related proposals, reqT~i~rernents, regulations, and questions. 1. Rev~ex~. of Program Performance Hearing & Citizen Comment RE: Program Year C.A.P.E.R. (Consolidated Annual Performance and Evaluation Report) Submission A Program Perform~ince Hearing will be held at the end of the program year. Its purpose is to update citizens on the status of past and ongoing projects and on the amount of the program budget expended. It also permits citizens to comment on performance and offer any suggestions for improvement. Citizens are also provided with copies of the Draft C.A.P.E.R. to be submitted to HUD. Citizen comment is invited at this time. Citizen comments are incorporated into the C.A.P.E.R. for submission to HUD. i AGENDA. I T E/.~(~ No. ,,, ~L ~ / /t ................. JAN 0 9 20 2 OR: 2764 PG: 0785 2. Community Development Needs Hearing 17F The public hearing to address the identification of needs will be held early in the program year to allow citizens to comment on or present their own project proposals. The hearing is presided over by HUI staff and provides an opportunity for citizens and organizations to provide input and to respond to activities and questions regarding the grant programs. Attendees are informed of the amount of funds expected, the range of activities that may be undertaken, the estimated amount of funds, activities likely to displace residents or businesses, if any, the County's plans to minimize such displacement, if any, and the types of assistance the County will make available to displaced persons, if an5'. Notices of Meetings and Heatings The public will be notified of all heatings through the local media, namely the: 1. Naples Daily News 2. lrnmokalee Bulletin 3. Public Access Channel 54 Plans are underway to advertise via the County's Internet Website. Notices will be published approximately 10-15 days prior to each hearing. SECTION 5 BOARD OF COUNTY COMMISSIONERS (BCC) The BCC has ultimate responsibility for the Consolidated Plan as the County's elected authority. The BCC's first action is to approve the recommended list of activities for publication (for public comment). Following the review .-of the proposed activities, the BCC meets to review and approve the Consolidated Plan. Taking public comment into account, the BCC approves the Consolidated Plan submission prior to submission to HUD. SECTION 6 PROGRAM INFORMATION The following information concerning the program is published in area newspapers: - the amount of Community Development Block Grant funds available to the County - the eligible range and types of activities for which the funds may be used; - the date, time and location of all hearings; The information is disseminated in public buildings located throughout the County. Copies of the Citizen Participation Plan are placed in libraries and the County Services Building. On public record, located in the County Services Building, are all mailings and minutes and records of meetings and heatings, Grant Agreements, monitoring repot reports, all ~0. ~ ......... JAN o :0 OR: 2764 PG: 0786 17F applications for other programs, Consolidated Plans, Consolidated Annual Performance and Evaluation Reports (C.A.P.E.R.) and all program files. These may be reviewed between 8:00 a.m. and 5:00 p.m. Monday through Friday. Copies of most items are available upon request at no charge. SECTION 7 HANDICAPPED AND BILINGUAL PROVISIONS The County will meet all the handicapped provisions under federal law and will also make provision for bilingual meetings. For assistance please contact HUI one week before the meeting. SECTION 8 COMPLAINTS AND INQUIRIES Complaints and inquiries concerning the grant programs are conveyed by contacting, in writing or by phone, the CDBG staff office at Housing and Urban Improvement 3050 N. Horseshoe Drive,~ #145 Naples, Florida 34104 Phone: 941/403-2330 Complaints and related comments may also be offered at the public hearings. Responses to all written complaints and comments received will be provided within 15 working days of receipt. If not satisfied at the local level, complaints may also be made to the Miami Office of the U.S. Department of Housing and Urban Development (HUD) at the following address: U.S. Department of Housing and Urban Development Community Planning and Development Division 909 SE First Avenue, Room 500 Miami, Florida 33131-3028 SECTION 9 SUBMISSION OF CONSOLIDATED PLAN Following BCC approval of the Consolidated Plan, the Plan will then be submitted to HUD along with certifications of compliance with program requirements. HUD accepts the Consolidated Plan unless the submission is incomplete or lacks all required certifications of program compliance. Following acceptance of the Consolidated Plan and execution of the grant agreement with HUD, the Count can amend its plan to carry out an activity not previously described or to substantially change the purpose, scope, location or beneficiaries of an activity. The. County has, pursuant to HUD regulation 24 CFR 91.505 (b), developed the following criteria for what constitutes a SUBSTANTIAL CHANGE: AGENDA ~TEM JAN 049 OR: 2764 PG: 0787 1. The County decides to change the purpose/stated objectives or beneficiaries of an :LZF activity. 2. The County decides to change the scope as it relates to the kind of basic eligibl activities, or to cancel, or add an activity. 3. The County decides to change the location of an activity. 4. The County decides to make a change in its allocation priorities or a change in the method of the distribution of funds. The County decides to increase the dollar amount of an individual activity identified in the Consolidated Plan Annual Action Plan by at least 50% in the year in which funds were appropriated. Prior to amending its Consolidated Plan for a new activity or a substantial change, the County will publish it in an area newspaper in order to obtain public comment. SECTION 10 CITIZEN PARTICIPATION PLAN UPDATE Collier County's Citizen Participation Plan may be updated and amended as the Board of County Commissioners deems necessary' depending upon changes in the applicable regulations, recognized needs by staff, and suggested changes by citizens. All changes, unless mandated by regulation, will serve to further maximize participation by the County's residents, especially those of lower income. O0-1 11 AGENDA ITEM ' JAN 0 9 2001 Pg-3 5 2736585 OR: 2764 PG: 0780 ,,= A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIEA COIYNTY,, FLORIDA, ADOPTING A CITIZEN PARTICIPATION PLAN TO GUIDE TIlE DEVELOPMENT OF COLLIER COUNTY'S FIVE- YEAR CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 37.50 8.00 WItEREAS, Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that Collier County, including its participating cities, is now eligible to enter the Community Development Block Grant (CDBG) program as an Entitlement Community; and' WHEREAS, HUD, as a pre-condition for disbursing entitlements, requires an Urban County, such as Collier County, to adopt a plan to guide the participation of its citizens and other community organizations in the development of Collier County's Consolidated Plan for utilizing the eutitlements it receives. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Citizen Participation Plan (Plan) attached to this Resolution is incorporated by reference, and is adopted by Collier County as if set forth fully in this Resolution. BE IT FURTHER RESOLVED that this Resolution and attached Plan be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this q~:/~ day of x.7-za_r~cca._r-t_/ / and majority vote favoring same. -- ATTEST: · _ [IWIGItT E BROCK, CLERK : ..i:i i[}i :'"~ttel~P~[YtC~e~l~,l~811'$ By: ,' ' [,;signature onl$, ' Ai~proved as to form and  eg~l sufficiency: ./' PatrickG White Assistant County Attorney , 2001 after motion, second BOARD OF COUNTY COMMISSIONERS ANTIDISPLACEMENT AND RELOCATION PLAN 17F Consolidated Plan One-Year Action Plan FY 2002-2003 Collier County, Florida 81 17F I X3fZZ -DXII'Z,I,t~KII~ RIX,OC:3L'~CI ~ IfIbC~&x~, 1993 ; ~: --.~ -- -.: . '¥?°~ ' ' .B~, 8ul~T~ndard Condition for 3, 2 3 4 5 ? 7 8 XO %3 17F FEB ~ ~992 CDB~ ANTIDZBP~CEHENT ~ND ~_~r_~)CATION I. DISPLACEMENT AVOIDANCE POLICY The local government £s committed to a policy to make all reasonable ef£orts to ensure that activities undertaken ~lrouqh the use of Community*Develo~ent B~ock Greet (CD·G) f~nds w111 no= cause unnecessary dispXac~u~n~ or =elooatton. · ~. oarerul consideration le qivon durin~ th~ planning phase with regard t° avoidin~ displacement. The local qov~rnment wtll else provide ln£o~mation to and keep o~tizene l~volvod In the presses ~eqardlng pendin~ zoninq end r~zon~nq e~lone that ~hreaten the ~reeervation o£ residential arose. Involuntary i!':: .".~.tated only when no other tit·motive is available and when Wp~ot£1o goal or ob3~ive that is of benefit ~o the public. 1~ this ~a~e, ocm~mity developmm~ end hou~lr~ programs will be planned In · uF~er whl~ aV~id, displacemem~ of house- maids or bustnele~8~ Howow, voluntar~ t~raW or ~rma- ~ nen~ dtepXaoement may Me ne~erF in order ~.~ a~leva a b~nefit to · household or bumin~em (~uch aa rehabAlLtatton or .~Pla~t of the hUlldlrgi). -fteml and requested by the dlmplaoee. Voluntar~ dimplao~ment ~Y al·o occur when a proper~¥ o~er volun~arll~ offer~ him In these cases, the seller may be rec~tred to waive rights as a condition of sale of the property, and the Uniform RGlocation Act provisions will govern actions of the local government and/or its representative. 24 CFR Part 570 is a governing document on displacement and is incorl~orated by reference. 49 CFR Part 24 provides Uniform Relocation Act ~mfo~:~on and ~s incorporated by refe~.~. ~ABZLZT&TZO~, DW~LLI~Q ~ ~Z~ ment and/or relocation am defln~ In 24 C~ Part 570 and 49 C~ Par~ 24. A. S~andard Condltl~B eble ~rou~h ~t co~rle of ~lar ~tntenan~. ~t ~ ~n ~o~a~ c~p~ancl v~ aPP~oab~e ~ h~g and occ~pa~ ~i=~ ~ =~c~c~l~y ~. va~e~ and nu~ st ro~. a~ area of living s~ ~ c~ln the foll~lng~ 2. A separate, well-lighted and ventilated bathroom that provides user privac~ and contains a sink, commode, and bathtub or shower stall; 3. An appropriate, sanitary and approved source of hot and cold potable water; 4. An appropriate, san£tary and approved sewage drainage system; 5. A fully u~able s£nk in the kitchen= 6. Adequate sDace and service connections ares st ground lev~l, and~ 8. Absence of any b~ccierl w~loh would preclude ingress or eg~ell 1£ ~hi occupeRt Il ha~capped. Failure to meet en~ ct ~hese criteria ~utomati- call~ CaUlee s dwelling to not be considered #standard," A dwelling unit is ~or~i4~re4 .~b.t.~4~t if minor defe~ which r~ a c~ain a~c of correc- tion but can sCUll provide itfi .~ ~tt shelter, has major defict~ r~r~ agrea= d~l of corre~lon and will ~ ~afe and ad~a=~ once ripairl are housin~ ~peci~lXs~ mua~ carefully ~ns~ ~e dwelling and prepare a ~rk ~l~e-up of ~pai~ nece~sa~ to -3- 17F FEB '~ 1992 bring it up to standard condition. A cost estimate of repairs will be prepared, based on the needs identified in the work write-up. If these costs are equal to or ls~s than 65 percent of the value of a compa=able replacement un~ a~ obta~n~ ~rom ~re ~han on~ l~censed =on~a~or, the dwe~linq'w~l~ ~ ~idered su~ble for rehabilitation. governing ~ thoroughly The loam! qovernmant will provide reasonable relo~ation almiltance to ~rlOnl (familial, l~lviduale, ~ro~it organizatione, or ~l~) displa~ (~v~d ~ and ~) al t result of ~e UII Of ~BG assis~ance to a~lre or subs~n~ally ~habil~ Assistance ~o displac~ pe=aons ~ include: 1. Pa~ent for a~ual ~vinq a~ relation ~enses d~en~ ~ r~ip~ent~ fr~ se~lce prov[de~ and utility co--hies. documents shall ~ su~tted prior to the dis~rse- ment of pa~ent: -4- 2. Advisory services necessary to help in re locat lng; 3. Financial assistance sufficient to snable the displaced person to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent of the household gro~s income of a family earning 80 percent of the median income for the jurisdiction. A. Provisions for One-for-One ReDlacemeN~ The local government will r~pI&ce &ll occupied and yacht oc~piable 1~- and ~era~e-~nc~e d~ell~nq un,ts d~ol~shed or conve~ed to a u~e other than a~ lo~- and moderate-~nco~ hou~ a~ & d~recC ~eeult off activities assisted w~ fU~ ~ovl~ unde~ the Houai~ and Conunl~y ~l~n~ A~ or 1974, am emceed, and as demorl~ An 24 ~ Pa~ 570. hplmca- mon~ low- and m~era~e-l~o unl~ uy ~nolud~ publio h~s~ or ex~st~nq h~sing ra~lvi~ ~lon 8 predict ~ee Femro of ~e ~~~ of ~e ~oll~on or relieving re~lremen~u. X. ~e unite viii ~ 1~ within ~e l~al J~l~lctlon. ~. ~ unica will ~et ail a~li~ble local houaln~, ~lldi~, ~ zoni~ ordl~m a~ will ~ in a~andard, or ~r, ~ition. 3. ~e unica will ~ design~ to re. in l~- and m~era~e-income dwelll~ umi~ for a= least 10 years from ~he da~e of initial ~pan~ (applie~ to initial ~enant only). -5- 17F 4. The unltswill be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed in the units that hre demolished or converted. Before obligating or expending CDBG funds that will directly result in such dRmolition or conversion, the local government w£I1 make p~blic and submit to the Florida Department of Cow-unity Affairs the following information in writing: 1. A description of the proposed assisted activity~ 2. The general location on &n e~a map, lncludinq approximate number of dwmllin~ unite by size (number of bedrooms} that will be demolished or converted to a us~ other than low- and moderate- income dwelling units; 3. A time schedule for commencement end plation of the de~olition or conversion; 4. The Varietal lo~ation on s service area map and approximate number of dwelling uni~ by size (number of bedro~s) that wiX1 be provided aa rmplacanent 5. Identification of ~he source oE ftmding at the tl~e of submittal and the rix frame, location and source for the replacement dwelling unit. ~ . ~-~ uv~AAXng unAt will bm desiqn~d to rmmaxn a iow- and ~ximrete-inco~m dwelliru$ unit f~ ~nc7. 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs of low- and moderate-incomm ~er~ons in the ~urisdiction. -6- 17F B. Provisions for Relocation Assistance for Residemtlal Displacement The local government will provide relocation assis- tance, as described in 24 CF~ Par~ 570, to each low- and moderate-income household involuntarily displaced by the demolition of housing or by the conversion of a low- and ~w~lerats-income dwelling to another use aea direct result of CDBG-sselated &ctivit~ee, Per,one that are relocated are entitled to the 1. A choice ~tween 1~ a~ual reasonable tXon allowance~ 4. Interim Xivl~ col~ and and r~ferral ~o all~l~ ~ ~1~ ]~ Ill,l- tahoe to r~uce ~e ~ l~p I~ ~n~ ~ll ~ ~ ~e~nc value ot ~ntal a~siitan~ l~aXl~n~ ~ ~ ~ toward mutual housing alm~fatfon for i ~ri~ of up to 60 mon~l (5 years). C. Provisions for Non-~e~idantial Relocation BuM~nellel, non-poor,= o~a~zl~O~l, t~]~ i~.~ ~all no~ ~ relocated un~elg ~e ~ve ~l vo~unta~, eEsen~el to ~he pcoJec~ from ~he public v~ev, a~ ~he -?- I?F FEB 4~a2 owner waives his/her rights under the Uniform Act except for the following relocation assistance: 1. Actual moving and reasonable re- establishment expenses not le~s than $1,000 nor more than $20,000, equal to a pro rata share for the period of inter~uption of operations of the average annual net earnings. Average annual net earnings are one-half of the entitT,s net earnings bafore taxes, durin~ the two taxable years immedi- 2. No other b~neflte viii b~ provided, and a signed vaiver acknowledging this fact rill b~ re- quired. A. ~raon~ ~pying h~l~ ~lch 1. to ~ rehab~l- tnolusion in thi p~cam a~ ihall v~cate ~e houllng at ~e dtreotlon o~ th~ 1~1 gove~n~ (oc ltl Housing Director), In o~er ~o faolll~t~ ~ ~fe, timely and B. A moving all~an~ of 1300 v~ll ~ ~Ld~ elah ~dH ~n t~ pa~ntm ot )XSO mach u~ Uvin~ out and moving ~ck in. c. ~e l~al government ~y pr~lde a ,fi, di~t, ~a~e to temporarily displaced househol~ for the time ~ri~ au~orized by the Houming Dire~or, g~rally for ~e period of rehabilitation const~ction. Households 17F who occupy the unit shall have a $75 refundable depo~i% ' withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full or in part for payment of damages to the owner/lessee due to the occupants' (a) failure to properly clean or maintain the unit, (b) physical damage to the unit, (¢) lOSS of keys to the unit, or [d) ne6d for any condition such as fu~lqation. A $25 per day penalty may also be assessed for the housaholdEe failure to properly vacate the relocation unit when directed to do so by the Housing Director. Do A storage allowance of up to $150 viii be provided each family unit displaced if storaqm is necessary and essential to tbs move. K. Insurance cost of u~ to ~100 for the velum of the household pro~ert¥ In connection mtorage is neuesss~y a~esmsntial to ~he move. If It la diteminid W :hi l~al q~ent ~a~ ~n~ of a dweXXi~ should ~ ~~y oilseed, a~ relocation to a decent, safe and sanita~ dwelling 17F unit. Benefits, if provided, will be limited to increases in monthly housing costs incurred by the occupant in an amount equal to the lesser of 60 times the increase or 30 percent of the person,s annual income. 24 CFR Part 570 must be con- sulted to determine specific limitations. f~ds only as a volunta~ action, ~ rehabilitation of dwelling is not feasible or cost eff~tive. Although homeo~er8 ~ve a r~t to A. Homeo~ers who 'meet ~ ~nc~ ~lmits will a replacement housing ~n= ~t to eX~ $28,000 ~m~onerl). ~e a~t w~l ~ ~ upon the the o~nmr,s ability to con~ribu~ to ~ r~plac~nt pur~ase price. ~ility to contrf~te ~all hous~old,z ~rro~lnq ca.city (~te~lned ~ lendi~ ag~es, including ~HA) a~ lipid asse~ a~ve $5.000 In value. B. To the extent feasible, replacement units will of comparable size and t~e as original 17F shall mean singIe-£amlly dstache~l, mobile home, or attached, if the unit is attached (duplex, triplex) and the displaced owner .~lso owns ~he other u~it(s) as rental proper=y, up to $10,000 per unit shal! be granted for construction of attached replacement units, provided that zoning and other applicable regulations allow con- struction of an attached ustC(s) whichwlll b~rented for a period of five years to CD~G income eligible mean the average monthly cost for rent and utllSty exceed 30% of the ~nant houeehoLdes gross monthly income. C. Homeowners will be encouraged to relocate onto the property from which ~hey were displaced or onto other the replacement unit. Lmnd shall be included al an eligible replacement unit cost only when the existing lite ia unsuitable due to inadequate size (baled upon zoning or other applicable regulations) or location in a w~tland or 100 year floodplain. ~xietinq housing that is in standard condition may al~o be approved as replacement housing. Pa~aent shall be dis~ursed only upon the Housing Director"s approval of the replacement unit. -11- .% f. 17F D. If space is available, displaced homeowners will be offered temporary replacement housing in one of the units provided by the CDBG program for housing rehabil- itation displacees. M~ving and storage allowances will be provided as annotated in section V. E. If a homeowner chooses to not purchase a replace- men~ dwelling, compensation shall be determined in the lame manner as for renter~. Comp~nsation shall not b~ lass that $2,000. A. If a claim for assis~ance 18 denied b~, the l~al governing b~y, the cla~n~ ~y a~al to ~e ata~e, court datelines the decimion wa. arb/tra~ and capri- a~as of hous~old fi~, fair ~l~ right, r~l emtate tran-&cti~n~, a~ l~ation a~ evaluation of replace~t housing op~lonl. ~ell~ shall provid~ by the H~ainq Dl~or to ~mnently dim- plac~ households to ~nau~ the foll~i~: 1. No ~on la dia~lminat~ against u~n, race, ~lor, ~lfqion, ~x, f~ilial status, or national origin. 2. Dlsplacees receive info.etlon concerning the full range of housl~ opportunities within the 1~1 housing market. ~epnred by ~ssell L Shreeve, Jr., Director ~llier county Housing and Ur~n Improvement Februa~, 1992 -12- 17F RESOLUTION NO. 92- 65 A RESOLUTION OF THE ~ OF COUNT~ COH~ISSIONERS, COTJ.!E~ COUNT~, FLORIDA, APPROVING AN ANTI-DISPLAC~ENT AND RELOCATION PLAN TO BE USED IN CONNECTION WITH C0~gJN ITY DEVELOPMENT BLOCK PROGRAHS. WH]~EA$, Collier County intends to apply to the Florida ~ar~me~t of Community Affairs for Co--unity Development Block ~ to help meet ~e co~ity development needs of Collier ~fo~ ~lo~tion ~sistan~ a~ Real Pro~y displacer of families a~ r~late the conditions u~er ~l~at~on Polf~ In confo~nce wl~ ~ Unifo~ Relocation ~end~, 49 ~ Pa~ 24, ~ Z4 C~ ~er 570.606; and NOW ~~E, SE IT R~LV~ ~Y ~E ~SSZON~ OF ~ ~, ~RZDA, ~at ~e ~un~ty ~l~t BI~ Grant ~ti-Oisplac~nt Collfer ~nty, Florfda, ae devel~ ~ cowry staff to ~Eo~ to ~ate a~ F~eral r~re~nts, ~ adopt~ for a~li~tion to any rel~atiom or dllplacement that ~kes place C~ty Oevelopment Block Grant. This Resolution adopted after motion, second and majority vote favoring same. ?A~[ES C. ~I~S., Clerk "" / / '. .'~-% j- to form and BOARD OF COUNTy COMmiSSIONERs - 2 - FAIR HOUSING ORDINANCE 17F Consolidated Plan One-Year Action Plan FY 2002-2003 Collier Cot, thO', Florida 8¸2 ORDINANCE 92- a AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-74, TH.E FAIR HOUSING ORDINANCE; BY AMENDING THE TITLE TO THE ORDINANCE; BY AMENDING SECTION TWO ENTITLED DEFINITIONS; BY AMENDING SECTION THREE ENTITLED UNLAWFUL HOUSING PRACTICES; BY AMENDING SECTION FOUR ENTITLED EXEMPTIONS AND EXCEPTIONS; BY AMENDING SECTION SIX ENTITLED COMPLAINTS; BY AMENDING SECTION ELEVEN ENTITLED PENALTY; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County ordinance NO. 86-74 creating a "Fair HQusing Ordinance" on November 4, I986; and WHEREAS, the Board of County Commissioners adopted Collier county Ordinance No. 8~-89 to amend ordinance No. 86-74 to include handicapped persons as a protected.class; and WHEREAS, the Federal and State Fair Housing Ac~s were amended to include familial status as a protected class; and WHEREAS, there is a need to amend Ordinance No. 86-74 to include familial statuk as a protected class and make minor changes to be consistent with State and Federal law. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that: SECTION ONE: The title to Collier County Ordinance No. 86-74 is amended to read as follows: An ordinance entitled "Fair Housing Ordinance" to prohibit discrimination on the basis of race, color, an~a~%r~r-national origin, religion, sex, ma~a~-~a~r-~er familial status, or handicap in housing; enunciating county policy relating to this type of discrimination; providing a common title; defining the terms used; prescribing unlawful discriminatory practices in connection with the sale, leasing, finamcing, and provisions of brokerage services relating to housing; providing certain exceptions; providing for the designation of administrator; prescribing the administrator's powers and duties; providing for conciliation hearings and agreements; providing for duties of administrator when probable cause of violation exists; providin~ action to be taken by admlnl$trator when conciliation of a violation fails or cannot be resolved; prescribing 1 7.F Words underlined are added; %qords ~tru~k-throu~h are deleted. a~q severability clause; and providing an effective date. SECTION TWO: Section Two, Definitions of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION TWO. DEFINITIONS. For the.. purposes of this Ordinance, the following definitions shall apply: A. Administrator - That person appointed by the County Manager pursuant to Section Five. B= AGe .... e~. Board - Board of County Commissioners of Collier County. BE- Discriminatory housing practice - An act that is unlawful under Section Three of this Ordinance. P. Dwellinq - any bui~diDg, structure, or portion thereof which is occupied as~ or desiqned or intended for occupancy as~ a vesidence by one or move families, and aPy vacant ~and ~hich is offeued for sale o~._ lease for the construction ov location thereon of any such building, structure, or portion thereof. E, Familial' Status - One or ~ore iDdividuals (who have not attained the aqe of' 18 years} beinq domiciled with-- a. a parent or another person havinq leqal custody of such individual or individuals; or b. the desiqnee of such parent or other person havinc suc~ custody, with' the ~ritten permission of such parent or othe~lF~pe~soD. ~he P~otect~o~s afforded aqainst discrimination on the basis of familial status shall apply to any person who is precr!ant or is in the process of securinc lecal custody of any ~D~iL<~dua[ who has not attained the aqe of 18 years. El. Family - 8ne--er-more--per~on~-~¥~ng--togather-aD--a m~ng~e--hounekaep~ng--un~t--~n--a--dwe~½ng= Includes a sinqle - 2 - Word~ unde_rllne~ are added; Words m~ruek-~hr0~qh are deleted. G. Lending Institution' Any bank~ insurance company, savings -and loan association or any other person or organization regularly engaged in the business of lending money;---'guaranteeing loans, or sources of credit .information, including but not limited to credit bureaus. H. Owner - Any person, including but not limited to a lessee, sublessee, assignee, manager, or agent, and also including the city and its departments or other sub-units, having, the right of ownership or possession or the authority to sell or lease any hou~n~-a~mm~da~om ~. I. Person - One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mo~eqa~e mutual companies, Joint stock companies, trusts, unincorporated organizations, trustees. trustees in bankruptcy, receivers, fiduciaries, or public corporations, or any department or sub-unit thereof. J. Real Estate Agent - Any real estate broker, any real estate salesman, or any other person, employee, agent, or otherwise, engaged in the management, sales, or operation of any real property. K. Real Estate Broker or Salesman - A person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other - ] - Words Dqderlined are added; Words mtrumk-~hrough are deleted. encumbrance upon real property, or who is engaged h business of listing real property in a publication, or a person emplgyed.-b~or acting on behalf of any these. ''.~ L.-' 'Real~ Estate Transaction - Includes the sale, purchase, exchange, rental or lease of real property, and any contract perta~ninq thereto. -' M.~ · ?o Rent -- Includes lease, sublease, assignment and/or rental, including any contract to do any of the foregoing, or otherwise granting for a consideration the right to occupy premises tkat are not owned by the occupant. '~. Respondent - Any person against whom a complaint is filed pursuant to this ~hap%ar~ Ordinance. 0%' Sale - Includes any contract to sell, exchange, or to convey, transfer, or assign legal or equitable title to, or a beneficial interest in, real property. P, Handicap with r~spect to a Derso~ - a. a physical oF mental im~airmeDt which substaD~ tiallv limits ode or more of such person's ma~or activities, b. a recovd o[ bavinq such aD impairment, or C~ beiDq reqarded as havinq such an impairment, but such term dQe$ ~ot iDclude current, illegal use ~ddi~tion to a controlled substance fas derided in sect%on Qf the Controlled Substance ACt (21U.S.C, 802)), Covered Multifamily Dwe~nq - ~, A buildiD~ which consists of four or more ~/]d ba~ an elevator: or b. The qroumd floor units of a bu%ld[nq_ 'whic~ ~o s~Ek~s of fq~ Dove~u~lt~_~_j~d does Do9 haze a~ eievator~ - 4 - Words ~deFlined are added~ Words m~r~k-~hr~gh are deleted. SECTION THREE: of Collier County Ordinance No. 86-74 shall follows: SECTION THREE. UNLAWFUL ~OUSING PRACTICES. (1) Unlawful housing practices - sale or rental. Except as provided in Section Four of this Ordinance, it shall be unlawful and a discriminatory housing practice for an owe%er, or any other person engaging in a real estate traDsaction, or for a real estate brgker, because of race, color,- ance~? national origin, religion, sex, ma~%a~ s~a~usT-age-~milial status, or handicap: A. To refuse to engage in a real estate transaction with a person or otherwise make unavailable or deny hou~ng A ~ to any person. B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in th'e furnishing of facilities or services in connection therewith, or-because of his exercise of his right of free association. C. To refuse to receive or fail to transmit a bona fide -offer to engage in a real estate transaction from a person .... D. To 'refuse ~o negotiate for a real estate transaction with a person. E. To represent to a person that ho~ng a dwellim~ is not available for inspection, sale, rental or lease when in' fact it is so available, or to fail to bring a property listing to his attention, or hous~ng dwelling. F. To make, mail, or cause to be Section Three, Unlawful Housing Practi~sf ~ be amended as to refuse to permit him to inspect the print, publish or circulate, post or made, printed, published or circulated, any notice, statement, advertisement or sign, or to use a form of application or photograph for a real estate transaction or, except in connection ~ith a ~ritten affirmative action plan, to make a record, or oral or written inquiry in connection with a prospective real estate transaction, which indicates directly 5 Words underlined are added; %qords Dkr~¢k-th~ough are deleted. or indirectly an intent to make a limitation, specification, or discrimination with respect thereto ba$¢~ Upon race. color, religion, sex, familiia~ status or national oriqi/]. G. To offer, solicit, accept, use or retain a listing of h~n~n~ a dwelling with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith. H. To make any misrepresentations concerning the listing for sale or rental, or the anticipated listing for ~ale or rental, or the sale or rental of any hoem~n~ dwellinq in any area' in unincorporated Collier County for the purpose of inducing or attempting to induce any such listing or any of the above transactions for discriminatory purposes. _~. I. To retaliate or discriminate in any manner against any person because of his opposing a practice declared unlawful by this Ordinance, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under this Ordinance. J. To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by the provisions of this Ordinance, or to obstruct or prevent any person from complying with ~he provisions of this Ordinance, or any conciliation agreement entered into thereunder. K. By canvassing to compel any unlawful practices prohibited by the provisions of this Ordinance. L. To promote, induce, influence or attempt to promote, induce or influence by the use of postal cards, letters, circulars, telephone, visitation or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer; or otherwise dispose of any h~n~ dwelling by referring as a part of a process or pattern of inciting neighborhood unrest; community tension, or fear of racial, color, religious, nationality, family comoositl©n~ or ethnic change in any street, block, neighborhood, or any other area, to the race, - 6 - Words Dndes~ne_Q are added; Words ntruck-~hrough are deleted. color, religion, familial sta%US, or national origin of act~l or anticipated neighbors, tenants or other prospective buyers of any.heu~ng ~LL~I~. M. To cause to be made any intentionally misleading statement or advertisement, or, in any other manner, attempt as part of a process or pattern of inciting neighborhood unrest, community tension or fear of racial, color, religious, family gQDposition, nationality or ethnic change in any street, ~lock, neighborhood, or any other area, to obtain a listing of. any h~um~ng dwellin~ for sale, rental, assignment, transfer or other disposition, where such statement, advertisement or other representation is false or materially misleading, or where there is insufficient basis to judge its truth or falsity or warrant making the statement, or to make any other material misrepresentations in order to obtain such listing, sale, removal from, lease, assignment, transfer or other disposition of said h~us~ng N. To place a sign or display any other device either purporting to offer for sale, lease, assignment, transfer or other disposition tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of any ho~mg dwellin~ that is not in fact available or offered for sale, lease, assignment, transfer or other disposition. O. It is unlawful to discrlminate iB the sale or rental of. or to otherwise make unavailable or de~y, ~ dwellinq to any buye~ or renter because of a haDd$caD of: 1. That buyer or renter; ~, A person residin~ in or intendinc to reside in that dwellin~ afteU it ~s so~d, rented, or made available; or 3. Any person associated with the buyer or rente~, P. It is unlawful to discrimima%e aqainst any perso~ in %be terms, conditions, ov puivileqes o~ sa~e o~ rental of a - 7 - Words u~devliDed are added; Words m~ueR-th~ough are deleted. dwellinq' °r i~ the provision of services or facililtieTs iFn connection with such dwelling, because o~ a h~dicap of: 4, That buyer or renter~ 2, A person residing in or intending to reside that dwelling after it is sold, rented~ or made available; $, Any person associated with the buyer or renterL Q, For purposes of subsections ~p) and (O) , discrimi o · .... I. ~ ue~us~] to permit, at the c×pense of thn handicapped person, reasoDable modificatioDs of e×istiDq premises occupied or to be occupied by such person if such ~odificatiQ~s may be Decessary to afford such person ful'l ~nJov~ent o~ the premises; or 2, A refusal to make reasonable accommodations rules, Dollcies, pract~em, Qr services, when such accommodations may b~ ~e~essarv to afford suQh DersoD e~ua] ~DDortunit¥ to use and enjoy a dwelling, R, Covered multifamilv dwellings as defined herei,l which are intended for first OccupaDcv after March 13. 1991, shall ~e designed and ~oDstructed ~o Dave a~ ~east one buildiDu entrance o~ a~ accessible route unless it is impractical to ~o because of the terrain or unusual characteristics of th,~ site as determined by Administrator rule. Such buildings shall also De designed a~d constructed iD such a manner that: 1, The public use and commo~ use pout~oDs of such ~wellin~$ are readily a~cessib%e to add usable bY handi~appe,j '~, All doors desiqned to allow passage ~nto and within a%% premises w~thin such dwellinqs are sufficiently widm ~O al%ow passaqe by a per.son in a wheelchair. ]. All premises within such dwe!llm~s ccntain the ~llpwinq features of adaptive des~qn: a) An accessible route into and through tho Qwelli~_q~ - 8 - Words uDderlio_e_qdd are added; Words mtr~k-~h~ugh are deleted. ~.hermostats, c) Reinforcements later i~sta%~atlo~ of qrab bats, and other environmental controls in accessible bathroom walls to allow d) Usable kitchens and bathrooms such that person iR a wheelchair ~a~ maheuver abou~ thc space, 4. ComPliance with the appropriate r~qu~reDeDt~ Qf the Ameuic~D ~ationa! Standards Institute for buildin~ and facilities mrovidin~ ac~essibilitv and usability for mhysica!ly handicapped people, commonly cited as ANSI A1~7.%-~986, suffices to satisfy the requ~remeDts o~ pavaqrapb ..... (2) Unlawful housing practices - Block busting. it shall be unlawful and a discriminatory housing practice for a person, for the purpose of inducing a real estate trar[~action for which he may benefit financially; ...... A. To represe'nt that a change has occurred or will or may occur in the composition, with respect to race, color, am~a~%ry? national origin, religion, sex, familial status, or handicap, of the owners or occupants in the block, neighborhood, or area in which the ~ is located. B. To represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the h~n~ ~mm~a~n dwellin~ is located. C. To make, as part of a process or pattern of discouraging the purchase, rental, occupancy or otherwise of any h~n~n~ dwe%%inq in a particular block, neighborhood or area, any representation to a person known to be a prospective purchaser, that such block or neighborhood or area may undergo, is undergoing or has undergone a change with respect to racial, color, religious, nationality, family compositioD~ or ethnic composition of such block or neighborhood or area. Words underliDed are added; Nords m~ruck-throngh are deleted. 17F D. To engage in, or hire to be done, or to conspire with others to commit actions or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the intent to either discourage or induce, or attempt to induce, the sale, purchase, rental or lease or the listing of any h~ng a~mm~a~n dwelling. _. ...... ~.._ For__ profit, to induce or attempt to induce any person to sell or not sell, or rent or not rent any ~ . by.representations regarding the entry or pl7os~ective entry=~nto the neighborhood of a person or persons protected by the provisions of this Ordinance. .... (3) Unlawful housing practices - Financing. A~. It shall be unlawful and a discriminatory housing practice for any lending institution, to deny a loan or other financial assistance to an applicant thereof for the purpose of purchasing, constructing, improving, repairing or maintaining h~m~ a dwellinq, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, an~a~%myr national origin, religion, sex, ma~ea~--~a~?--a~er familial status, or handicap of such person or of any person associated with him in connection with such loan or other financial assistance, or the purposes of such loan or other assistance, or of the present or prospective owners, lessees, tenants or occupants of the hou~ng dwellinc in relation to which such loan or other financial assistance ~ j_~ to be made or given; provided, that nothing contained in this subsection shall impair the scope or effectiveness of the exceptions contained in Section Four of this Ordinance. ~1] It is unlawful for any person or entity whos~ bus~ess ~cludes eDqaqinq in residential real est~t~ ~Tansactjons to discriminate aqainst any person in makinq - 10 - Words underlined are added; Nords ~trn~k-~hr~gh are deleted. such a transactioD, because of race, color, national origin, sex, handicap, familial status, or religion. (~} As used iR this subsection, the ter~ residential real estate traDsactio~ mea~s amy oS the following: a) The making or purchasing o4 loans or urovidin~ other financial assis~a~e~ (1) For purchas~Dq, construction~ imDrovipo, ~e~airin~. o~ ~ainta%niDg a dwelling; or ~ f2) Secured by residential rea~ estate. b) The sell~nq, brokering, or appraising of residential real property. (4) Unlawful housing practices - Brokerage Services. It shall be unlawful and a discriminatory housing practice to deny any person access to or membership or participation in any.multiple listing service, real estate broker's organization or other service, organization, or facility related to the business of selling, or' renting h~ng ~, or to discriminate against such person on the terms or conditions of such access, membership or participation because of race, color, an~emt~yT national origin, religion, sex, ma=~%a~ s~at~s~-~geT ~amifial status, or handicap. SEC~CION FOUIR: Section four, Exemptions and Exceptions of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION FOUR. EXEMPTIONS AND EXCEPTIONS (1) Nothing in Section Three shall prohibit a religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting or from advertising the sale, rental or occupancy of h~u~mg a dwe~l~Dq which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership i~ such yel~qion is restricted on account o( race, color~ or na%ional origin. Nor shall anything - 11 - Words underliged are added; Nords mtrnck-through are deleted. in this section prohibit a private club not in fact open to ] public, which as an incident to its primary purpose or purposes provides .... lodgings which it owns or operates for other than a commercial purpos~from limiting the rental or occupancy of such -lodgings to its members or from giving preference to its members. ~(~-~ -_ Nothing in Section Three, DKcept subsection 1 (F), shall apply to: ........ A. Any -single-family house sold cr rented by~ its owner: provided, that such an individual owner does not own more than three such single-family houses at any one time; provided=_ further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted-by this subsection shall apply only with respect to one such sale within any ~wenty-four month period; provided? further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to'or any rights to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided~ further, that the owner sells or rents such ho~s~ng dwelli~q: (1) without the use, in any manner, of the sale or rental facilities or the sales and rental services of any real estate broker, agent, or salesperson, or of such facilities or services of any person in the business of selling or renting hou~ng dwellings, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or ~ritten notice in violation of Section Three, subsection 1 (F) Of this O~di~anc~; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title; or - 12 - Words _u_nderlined. are added; Nords ~t~ck-through are deleted. B. Rooms or units in h~nm~n~ dwellings contain living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actua.~ly- ~aint~ins and occupies one of such living quarters as his residence, provided that the owner sells or rents such rooms or units; (1) without the use in any manner of the sales or rental facilities or the sales or rental'services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting h~n~in~ d__wel%%nqs, or of any employee or agency of any such broker, agent, salesperson, or person; and (2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section Three, subsection 1 (F) of this OrdinaDce; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, ad other such professional assistance as necessary ko perfect or transfer the title. For the purpose of %h~ Section Four. Subsection 2 o~ this ~ a person shall be deemed to be in the business of selling or renting housing if: a. he has, within the preceding twelve months, participated as principal, other than in the sale of his own personal residence, in'providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any houm~ng dwellinQ or any interest therein; or b. he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities-or ~e~--~-~en~a~-~a~e~ or sales or rental services in two or more transactions involving the sale or rental of any h~n~ dwellinq or any interest therein; or c. he is the owner of any h~m~m~ d~ellinq designed or intended for occuDancy by, or occupied by, five or more families. - 13 Words undeclined are added; %qords ~truek-~hr~ugh are deleted. 7-. (3) Nothing in Section Three shall be construed to: A. Ba~-any_pe~n__~m_~e~k~ng_~a~e~r__~enta~r °~-B°na-~de-ho~m~n~-~ntended-~o~e~¥_fo~_m~no~v B ~. Make it an unlawful act to require that a person have legal capacity to enter into a contract or lease. e ~. Bar any person from advertising or from refusing to sell or rent any h6~ng ~wellin~ which is planned exclusively for, and occupied exclusively by, individuals of one sex, to any individual.of the opposite sex. B ~. Bar any person from sel!ing, . .renting or advertising any h~s~ng dwell~Dq which is planned ex¢l~sively for, and occupied exclusively by, unmarried individuals to unmarried individuals only. w~%h-¢h~dren-eo-~pac~a~-un~-o~-hous~ngv F. Bar any person from refusing to sell or rent any h~um~ng dwelltn~ to unmarried individuals cohabiting contrary to law. G. Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less that the term for which the loan is requested. (4] NothiDG in section three requires a~¥ person renting or selling a dwelltn~ constructed for first occupancy March 13, 1991, to modify, alter, or adjust the dwelling order %o pVovlde physical access~bility except as otherw~so recuired by law~ j~] A. ADy provision of Section Three reqardinq familia! status does not apply with respect to housinq for older pcusonsu - 14 Words uadeulined are added; Words ~trneR-thr~ngh are deleted. ~, As used in this subsection, the term "housing 91der persons" ~eaDs hous~Dgl 1, Provided under any state or federal program that. the-commissiog determipes is speci(~cally designed Qperate~ to assist elderly pevsons, as defined ~D the state or federal program: 2, Intended (or, a~d solely occupied by,'persons 62 Years of age or older: or 3. I~tended a~d operated for occupancy . by a__t least O~e perso~ 55 years o~ a~e or o~der per uD~t. .In deterTnin~nq whether housing ~ua~ifies as housiDq for older persons under this subparagraph, the commiss~oD shall consider at least the followfn~ factors: (a) The e×iste~e Of significant facilities and services specifically ~esiqned ~o meet the physical or social needs of older persons, or if providin~ such facilities and services is not practicable, such housin~ is necessar~ to provide ~fmportant housin~ opporSuDities for older persons: (b) ~t ~ast 80 pe~ce~t of the units, are ~y at least one peTson $5 yeats o( age or older per ~c) The publication of and adherence ~O policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of a~ or older. C. Housing shall not fail to be considered housing for older persons if: 1. A person who resides iD such bousin~ on or after October 1~ ~989, does not meet the age requirements of this subsection, provided that any new occupant meets such age reGuirements: or ~, Q~e ou more u~its are unoccupied, provided that any uDoccupied un~ts are reserved for occupancy by persons who meet t~e age requirements of this subsection. - 15 - Words underlined are added; ~{ords st~uck-through are deleted. ? SECTION FIVE: Section Six, Complaints of Collier Count~ Ordinance No. 86-74 shall be amended as follows: SEC~ZO~ SZX. (1].-A person who claims that another person has committed a discriminatory housing practice may report that offense to the administrator by filing an informal complaint within sixty (60) days after the date of the alleged discriminatory housing practice and not later. (2) The administrator sha~ll treat a complaint referred by the. Secretary of Housing and Urban Development cr the Attorney GenerAl_ of the United States under the Fair Housing Act of 1968~ .... P~blic Law ~0-284, as an informal complaint__filed under ~ubsection 1. (3) An informal complaint must be in writing, verified or affirmed, on a form to be'supplied by the administrator and shall contain the following: ..... A. Identity ~ address ~gf the respondent(s). B. Date of the offense and date of filing the informal complaint. C. General statement of facts of the offen~e including the basis of the discrimination (race, color, an~e~yr national origin, religion, sex, familial status, or handicap). D. Name and signature of the complainant. ~5~(4) Within fifteen (15) days after the filing of the informal complaint, the administrator shall transmit a copy of the same to each respondent named therein by certified mail return receipt requested. Thereupon, the respondent(s) may file a written, verified informal answer to the informal complaint within twenty (20) days of the date of receipt of the informal complaint. 16 - Words ~Dder~ined are added; Words ~r~k-~hro~gh are deleted. ~6~(5) An informal complaint or answer may be amended~tf ~ any time, and the administrator shall furnish a copy of each amended informal complaint or answer to the respondent(s) or complainant(s) respectively as promptly as practicable. ~(6) The administrator shall assist complainant(s)~ or respondent(s) when necessary in the preparation and filing of informal complaint or answers or any amendments thereto-. SECTION SIX: Section Eleven, Penalty, of Collier County Ordinance No. 86-74 shall be amended as follows: SECTION ELEVEN: p~ENALTY Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred d~llars ($500.00) or by imprisonment in the County Jail not to ~xceed sixty (60) days or by both' fine and imprisonment. Nothina in this section shall be construed to prohibit the County from Drosecutinq anv violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of ChaPter 162. Florida $~tutes, SECTION SEVEN: Construction and Severability. This Ordinance shall be iiberally construed to effectuate its public purpose. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. - 17 - Words underlined are added; Nords ~u~k-~h~ough are deleted. PASSED AND DULY ADOPTED BY THE Board Commissioners of Collier County, Florida, this ~/~ _, 1992. of i?F County day of DATED: ATTEST :- JAMES C. GILES, Clerk Approved as to form and legal Su..ffic~ency: Assistant County Attorney BOARD OF COUNTY COM24ISSIONERS COLLIER COUNTY, FLORIDA ' MICHAEL J~,~OLP~, Chairman This ordinance filed with the SecretOry of ~'e's Office the and acknowledgement ~o.f t~ot fili_~g re~:eived thisA~'';T~C- doy . - 18 - Words underlined are added; Words ~trucR-thrg~gh are deleted. .. iFF COLLIER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) Consolidated Plan One- Year Action Plan FY 2002-2003 Collier County, Florida 83 17F Collier County and City of Naples, FL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN For the State of Florida Fiscal Years July 1, 2001 through June 30, 2004 Collier County Housing and Urban Improvement Department Community. Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Phone (941) 403-2330 ~ Fax (941) 403-2331 www.co.coilier, fl.us/h ui Collier County and City of Naples, FL 17F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN State Fiscal Years 2002, 2003, and 2004 PROGRAM DESCRIPTION A. Names of the participating local governments: Collier County Government and the City of Naples, FL. Summary of the proposed program: Collier County and the City of Naples have adopted an Interlocal Agreement to administer housing programs in Collier County. Collier County Government is designated as the administrative agency for the program. The SHIP Proqram is governed by Section 420-9079, Florida Statutes and Rule Chapter 67 37, Florida Administrative Code SHIP funds along with CDBG and private funds will be available to develop and improve affordable housing opportunities in the City of Naples and the unincorporated areas of Collier County. Funds will be used to assist in the purchase of and development of single family owner occupied housing, rehabilitate existing housing, provide housing for persons with special needs, and assist in the development of affordable rental housing. C. Fiscal years covered by this plan' This local housing assistance plan allocates SHIP Funds for State Fiscal Years 2002, 2003, and 2004. Public input in developing this plan: Public input was received through the Collier County/ City of Naples Affordable Housing Commission. This nine-member commission meets monthly to discuss and explore affordable housing issues facing the County. Meeting notices are sent out and all meetings are open to the public. E. Available Support Services: · Collier County Banking Partnership · Salvation Army Transitional Living Center · Collier County University of Florida Extension Service · Habitat for Humanity of Collier County 2 17F · The Saint Mathews House Transitional Living Center · Collier County Housing Authority · The Red Cross of Collier County · Catholic Charities of Collier County · Community Housing Partnership of Collier County · Collier County Loan Consortium II. INTERLOCAL AGREEMENT See attachment 1 "lnterlocal Agreement". III. LOCAL HOUSING PARTNERSHIPS A. The Collier County Housing and Urban Improvement Department has always maintained local housing partnerships with interested groups throughout the area whose input has been sought on affordable housing issues and in the preparation of the SHIP Program strategies. Representatives from these groups are routinely invited to attend public meetings regarding the development of housing related issues such as the Housing Assistance Plan. Their input is continuously sought on the implementation and administration of the Housing Assistance Plan. Bo Another local partnership exists between the Collier County Housing and Urban Improvement Department and Focal area mortgage lenders, realtors, developers, and closing agents. Representatives from each of these groups work together on a daily basis to ensure that SHIP Programs function smoothly. To date over 1,500 loans have been closed through Collier County SHIP programs. IV. Strategies A. Housing Assistance Strategies bo Down Payment / Closing Cost Assistance with Emergency Repair Program The Down Payment / Closing Cost Assistance Program assists first-time homebuyers by paying a portion of their down payment and closing costs. Buyers of existing units are also eligible for additional rehabilitation or emergency repair to the unit purchased. The program provides second mortgages to eligible applicants to assist in the' purchase (and repair if applicable) of new or existing single-family homes, duplexes, condominiums, townhouses, or DCA approved manufactured homes. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Down payment / closing cost assistance will be available only to Iow and very-low income applicants. Applications will be taken on a first-come / first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The applicant must be a first-time homebuyer. A first- time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. · The home to be purchased must be located within the boundaries of Collier County, FL. · The applicant must be prs-approved by the lender providing the first mortgage for the purchase. · The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. All down payment / closing cost and emergency repair loans will be secured by second mortgages. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. The down payment / closing cost and emergency repair program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to Iow and very-low income first-time homebuyers in Collier County. 17F Impact Fee Relief Co do The Impact Fee Relief program provides waivers and/or deferrals of Board of County Commissioner imposed impact fees on single family units for Iow and very-low income first- time homebuyers in Collier County. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Impact fee waivers and/or deferrals will be available only to Iow and very-low income applicants. Applications will be taken on a first-come / first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: The applicant must be a first-time homebuyer. A first- time homebuyer is defined as not having ownership interest in a home during the past three years, a single parent with children under the age of 18 who has recently been divorced and displaced, a displaced victim of domestic violence, or a person displaced as the result of some governmental action. The home to be purchased must be located within the boundaries of Collier County, FL. The applicant must be pre-approved by the lender providing the first mortgage for the purchase. The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. Yew-Iow income buyers receive a 100% Waiver o[ ].mpact Fees, Low Income buyers receive a 50°/,, Waiver / 50% Deferral or Impact Fees, Moderato Income Buyers receive a 75% Deferral of Impacl .Fees. Impact fee relief assistance comes in the form of both a waiver and/or deferral. Fees deferred are recaptured when the property is sold, transferred, refinanced, or is no longer the primary residence of the applicant. No recapture is required on fees waived unless the property is sold, 17F transferred, or is no longer the primary residence of the applicant prior to fifteen years from the date of purchase, in which case the waived fees are immediately due and recaptured. The impact fee relief program will partner the use of SHIP funds with private sector first mortgages to provide homeownership opportunities to Iow and very-low income first-time homebuyers in Collier County. Persons participating in the Impact Fee Relief program are also eligible to leverage the purchase of their home with SHIP Down Payment/Closing Cost Assistance loan funds. m Housing Rehabilitation- Owner Occupied fo bo eo The housing rehabilitation- owner occupied program assists very-low income homeowners by providing loans to pay for necessary repairs. All identified repair work must include the correction of housing code violations and/ or deferred maintenance. This strategy will be funded during state fiscal years 2002, 2003, and 2004. This program will assist only very-low income homeowners. Applications will be taken on a first-come/first served basis. Loans will be given to only very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds, CDBG funds, or other alternative sources. 17F Housing Rehabilitation- Rental bo The housing rehabilitation- rental program assists non-profit housing providers by providing loans to pay for necessary repairs. All identified repair work will include the correction of housing code violations and/or deferred maintenance. This strategy will be funded during state fiscal years 2002, 2003, and 2004. This program will assist only non-profit housing providers who provide housing to Iow and/or very-low income tenants on a first come, first served basis. do A non-profit housing provider wishing to receive rehabilitation- rental funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · Preference will be qiven to orqanizations participatin.q in the WaRes to Work program_. ' eo All loans will be secured by a second mortgage payable to the County. Loans will be given for a maximum term of 20 years. The interest rate on loans will ran.qe from 0% to 5%, and will be based on factors includin.q: need of thc; organization, the orqanization's ability to repay, and non .profit or profit status of the orqanization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Florid~ Administrative Code. Resale and First Ri.qht of Refusal for Affordable Housinq will be Riven to Eliqible Sponsors a,,; noted in Section 420.9075 ('4)(f) F/orida Statues. 17F SHIP funds will be leveraged by the non-profit housing provider receiving the loan at a 1 to 2 ratio. For every $1 of SHIP funds used the non-profit housing provider must contribute $2. lO 17F Land Acquisition / Transfer With New Construction The land acquisition / transfer with new construction program is designed to facilitate the acquisition of vacant land which will be developed for affordable housing opportunities by offering loans to non-profit housing providers to acquire such land. The Collier County Housing and Urban Improvement Department may also use this program to purchase land to be used for affordable housing. bo This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary must be Iow or very-low income~ and be selected on a first come first served basis. A non-profit housing provider wishing to receive land acquisition transfer with new construction funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · Preference will be qiven to organizations participatin.q the Wages to Work program. Land acquisition / transfer program funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years with an interest rate of 0%. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. f° The SHIP funds used in the land acquisition / transfer program will be leveraged by several public and private 1] 17F sources. The non-profit a. gencies receiving these loans will be constructing housing units on the lands with funding secured elsewhere in the public and private sector. 12 17F Demolition With New Construction Through the demolition with new construction program Iow and very-low income homeowners of substandard housing may receive a deferred payment loan to pay for the demolition of substandard housing units found not to be cost effective or possible to rehabilitate. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. Participants in this program must be Iow or very-low income. Applications will be taken on a first-come/first served basis. Loans will be given to only Iow and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptu red. In cases where the cost of demolition exceeds the maximum award available to the borrower SHIP funds used in the strategy will be leveraged by the homeowner's own funds. SHIP funds will also be leveraged by the homeowner's new first mortgage when the new home is built. Recipients of loans from this strategy may also qualify for SHIP down payment/closing cost assistance and SHIP impact fee relief. 17F Special Needs Housing ao Through the special needs housing strategy down payment, land acquisition, or development assistance loans may be awarded to non-profit organizations serving special needs clients for the purchase or development of homes, apartments, or land. This strategy will be funded during State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary must be Iow or very-low income. and be selected on a first come first served basis. A non-profit housing provider wishing to receive special needs housing funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources Special needs housing funds will be made available by loans secured by a second mortgage placed on the property acquired. Loans will be given for a maximum term of 20 years. The interest rate on loans will range from 0% to 5%, and will be based on factors including: need of the'; organization, the organization's ability to repay, and non profit or profit status of the organization. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years per Rule Chapter 67-37.005(6)(c) of the Floridu Administrative Code. Resale and First Ri.qht of Refusal for Affordable Housing will be Riven to Eligible Sponsors a.,; noted in Section 420.9075 (4)(f) Florida Siatues. 14 17F The SHIP funds used Jn the special needs housing program will be leveraged by several public and private sources. The non-profit agencies receiving these loans will be constructing housing units on the ~ands with funding secured elsewhere in the public and private sector. 17F Emergency Home Repair ao The emergency home repair program offers loans to Iow and very-low income homeowners whose homes need repair to correct life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. bo This strategy will be funded for State Fiscal Years 2002, 2003, and 2004. All recipients in this program must be Iow or very-low income. do Applications will be taken on a first-come/first served basis. Loans will be given to only Iow and very-low income homeowners. The appraised value of the home must not exceed the maximum sales price allowed in Collier County by the SHIP Program. All Units assisted must have life threatening, health and safety defects, and/ or energy efficiency issues. Corrections will also be made in order to alleviate exposure to natural environmental elements. eo All loans will be secured by a second mortgage payable to the County. The interest rate on the loans will be 0%. No payment will be required until the property is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. In cases where the cost of repair exceeds the maximum award available to the borrower SHIP funds will be leveraged by the homeowner's own funds. Repair may also be leveraged by homeowner's insurance, the homeowner's first mortgage, and any equity amassed in the home. Co Urban Infill- New Construction The Urban Infill- New Construction program will provide loans to very-low income home buyers to build new homes in targeted areas of the county. Loans may be used for land acquisition, construction, clearing title, demolition, and debris removal. This strategy will be funded in State Fiscal Years 2002, 2003, and 2004. This program will be available to only very-low and Iow income homebuyers, .with priority .qiven to very-low income. Applications will be taken on a first-come/first-served basis from all applicants meeting the selection criteria. The selection criteria will include the following: · The home to be purchased must be located within a target urban infill area of Collier County, FL. · The purchase price of the home may not exceed the maximum sales price allowed in Collier County by the SHIP Program. · The applicant must be very-low income. · The applicant must be able to obtain clear title to the property, maintain homeowner's insurance, and pay property taxes on the new home. · A maximum of 10 loans per fiscal year may be made through this program. All urban infill new construction loans will be secured by first mortgages placed on the property. The Loans will be ,qiven at 0% interest. Payments will be accepted monthly until tho property .......... t-', ~',--, ,y is sold, transferred, refinanced, or is no longer the primary residence of the homebuyer. At that time the balance of the loan will be recaptured. SHIP funds used in the urban infill- new construction program may be leveraged by several other SHIP strategies including impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire lots. 17 10, ao Urban Infill- Neighborhood Blight The Urban Infill- Neighborhood Blight program provides loans to non-profit housing providers to acquire land or existing housing units in targeted blighted areas of the County. The non-profit housing provider may then rehabilitate the units and offer them for sale or rent to Iow or very-low income persons. This program will be funded during State Fiscal Years 2002, 2003, and 2004. The eventual beneficiary of must be Iow or very-low income. A non-profit housing provider wishing to receive Urban Infill- Neighborhood Blight funds will be evaluated competitively on the following criteria: · Financial strength of the agency · The ability of the developer to complete the development with the establish timelines · The capacity of the developer · The affordability of the product produced · Neighborhood compatibility of the development · Number of units produced per SHIP dollar spent · Leveraging of SHIP funds with other sources · A maximum of 10 loans per fiscal year may be made through this program. Urban Infill- Neighborhood Blight funds will be made available by loans secured by a first mortgage placed on the property acquired. The interest rate on loans will ran.qe from 0% to 5%, and will be based on factors includinq: need or the or.qanization, the organization's ability to repay, and non profit or profit status of the or.qanization. Loans Will be given~ for a maximum term of 20 years. Yearly payments will be required until the property is sold, transferred, or is no longer used to provide housing for Iow and/or very-low income individuals. At that time the balance of the loan will be recaptured. Units will be monitored for a period of 15 years ~ Rule _Ch_a.ter_ 67-37.005 6 c of the F/or/da Administrative Code. Resale and First Ri ht of 17F Affordable Housin will be iven to Eli ible S onsors as noted in Section 420.9075 4 f F/or/da Statues. SHIP funds used in the urban infill neighborhood- blight program may be leveraged by several other SHIP strategies including Impact fee relief and demolition with new construction. State and federal grants may also be used as leverage to acquire properties. 17F VI, B. Housing Incentive Strategies 1. Expedited Processing of Permits for Affordable Housing Projects. Collier County Ordinance No. 89~39 adopted July 18, 1989 speeds the rezone, approval, and permitting of developments for affordable housing. 2. Process of Ongoing Review The executive summary system used by the Collier County Board of County Commissioners serves as a process for on going review of items seeking Board action that may affect affordable housing. Every County Ordinance, Resolution, Contract, Bid, Award, Agreement, and Policy must have an executive summary attached which may be reviewed as to its effect on affordable housing. TIMELINES A. See attachment 2, "Timetables 2002, 2003, & 2004". B. See attachment 3, "Housing Delivery Goals Chart 2002, 2003, 2004". AFFORDABILITY A. Homeownership Income limits are provided by HUD, distributed by the Florida Housing Finance Corporation, and will be adjusted annually without further approval by the City, County, or State required. Very-low income is defined as total household income that does not exceed 50% of area median income, Iow income is defined as total household income above 50% of median not to exceed 80% of median, and moderate income is defined as total household income above 80% but not to exceeding 120% of median income. Monthly housing debt, including taxes and insurance, should not exceed 30% of total monthly household income, unless the institutional first mortgage lender approves a higher monthly debt it monthly income ratio. For acquisition activities the purchase price of a ,,-,-,~,, ~.~,,,,.+,,,~.+~,~ home may not exceed excccd $1!8,264, the maximum allowable limit for Collier County set by the Florida Housinq Finance Corporation. 2O 17F VII. VIII. B. Rental 1. Rental rates may not exceed those published and updated annually by the Florida Housing Finance Corporation. ADVERTISING AND OUTREACH At least 30 days prior to availability of funds Collier' County will advertise availability of SHIP Funds in The Nap/es Da/ly News, the newspaper of greatest circulation in Collier County. The Collier County Housing and Urban Improvement Department may also, depending upon the program, use additional outreach efforts, including brochures, additional advertising, or direct mail. ADMINISTRATIVE EXPENSES The responsible entity for administration of this program is the Collier County Housing and Urban Improvement Department. The HUI Director shall have the authority to fully administer the SHIP program within the constraints of this plan. B. The Collier County Housing and Urban Improvement Department will use 10% of the SHIP funds for the administration of the program. C. Breakdown of the administrative budget for the Collier County SHIP program State Fiscal Years 2002- 2004, .FY2002 _FY2003_ FY2004 Salaries & Benefits $118,500 $118,500 $118,500 Supplies $ 5,000 $ 5,000 $ 5,000 Training $ 2,500 $ 2,500 $ 2,500 Legal Services $ 4,000 $ 4,000 $ 4,000 Advertising $ 500 $ 500 $ 500 Professional Services $ 35,690 $ 35,690 $ 35,690 Other Equipment $ 3,000 $ 3,000 $ 3,000 Office Rent/Utilities $ 20,000 $ 20,000 $ 20,000 TOTAL $189,190 $189,191 $189,190 D. Consultants will not be used for the administration of the SHIP Program. IX. CERTIFICATION PAGE A. See attachment 4, "Original Certification Page". SIGNED RESOLUTION A. See attachment 5, "Collier County Resolution No. 2001- 17F Attachment 1 Collier County Local Housing Assistance Plan FY 2002, 2003, and 2003 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this ~ day of April, 2001 by and between Collier County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners (the "County") and the City of Naples, a municipal corporation created and existing under the laws of the State of Florida, acting by and through its City Council ("City"): WITNESSETH: WHEREAS, Section 420.9072 (4), Florida Statutes, (the "State Housing Initiatives Partnership Act .... SHIP"), authorizes monies in the Local Government Housing Trust Fund (the "Fund") to be distributed to the County and eligible municipalities within the County pursuant to an interlocal agreement; and WHEREAS, Collier County is an approved County and the City of Naples is an eligible municipality within the County; and WHEREAS, the County and City desire to distribute SHIP allocations pursuant to this Interlocal Agreement; and WHEREAS, the County and the City have determined the SHIP funds can be more effectively and efficiently utilized and managed when the County and City work cooperatively to address the community's affordable housing needs. 17F NOW, THEREFORE, FOR AND /lq CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The City and the County do hereby agree that the monies in the Fund which are to be distributed to the County as provided in 420.9073, Florida Statutes, shall be allocated between the County and City as follows: City 9.28% County 90.72% For Fiscal Year, 2002-03 the State allocated 9.28% of the SHIP funds to the City and 90.72% to the County. Therefore, no less than 9.28% of the total allocation will be earmarked for the City of Naples in any given fiscal year. These percentages are based upon the March 2001 'SHIP program allocation distribution schedule. The City of Naples may distribute a portion of its allocation to housing activities within the Urban Housing Assistance Area as defined in the July 1994 Interlocal Agreement adopted.by Collier County and the City of Naples. 2. Unless earlier terminated pursuant to other provisions of this Interlocal Agreement, the term of this Agreement shall run concurrent with the distribution of monies in the Fund which are to be allocated between the County and the City. This Interlocal Agreement entered into this~ day of April, 2001 shall expire on the 30th day of June, 2004, unless at such time the City and the County mutually agree to extend this Agreement or terminate said Agreement under the provisions of Section 8. 3. The City and the County direct the Florida Housing Finance Corporation (the "Corporation") to distribute and allocate the monies in the Fund in accordance with this Interlocal Agreement and authorize the Corporation to rely on their stated intent and their authority to execute this Interlocal Agreement. 4. The monies distributed will be deposited in the below listed Depository Account or Accounts: First National Bank of Naples, Account Number 113-8577 Separate line items will be maintained for the County's SHIP allocations and the City's SHIP allocations. The Corporation will be notified of any change. The parties agree to have such Account and Accounts audited annually as required by statute and Corporation Rule. If one account in maintained for the parties hereto they agree to pay their pro-rata share of the cost of an audit based on the same percentage as the SHIP program allocation distribution schedule. 5. Provided this Interlocal Agreement remain effective between the City and the County, both parties agree that they will not do anything to jeopardize the other party's right to receive its allocation from the Fund. 17F 6. The parties to this Agreement Understand that the statute requires an incentive plan for providing affordable housing and they agree to cooperate in ensUring that the requirements and spirit of the statute are satisfied. 7. The part/es to this Agreement recognize the contributions of the .joint City/ County Affordable Housing Commission (Al-lC) and agree to appoint AHC members to the Affordable Housing Advisory Committee. The COUnty's Housing and Urban Improvement office will be responsible for the OVerall administration of the programs assisted with SHIp fUnds and shall receive administration monies from the SHIp allocation. Said administration allocation shall not exceed 10% of the total SHIp allocation in accordance with 420.9075 (6) and County Resolution 2001~ . The County will establish, administer, and audit a Local Housing Assistance Trust Fund in aCCordance With Ordinance No. 93-19, as amended and SHIp requirements. In addition, the COUnty will SUbmit the required annum report on behalf of the inteHocal entities. 8. If at any time during the term of this Interlocal Agreement, the City or the County Which are part/es to this Interlocal Agreement believe that the intent of the part/es as set forth herein is not being accomplished, or that the terms of the Interlocal Agreement are not fair, such entity may, Upon the giving of ninety days written notice, renegotiate the terms and provisions of this Interlocal Agreement to be effective on the first day of the next fiscal year. If the part/es are Unable to so renegotiate the terms and provisions of this Imerlocal Agreement prior to the cOmmencement of the next fiscal dill year, the noticing party shall cease to be party to this Interlocal Agreement and this lnterlocal Agreement shall terminate and be of no further force or effect as to such party and the funds shall be allocated according to population pursuant to Section 420.9072 (9) and Section 420.9073, Florida Statues. 9. If either party shall cease to be eligible for allocation and distribution, such party's allocation of the funds shall remain in the Fund to be used by the Corporation. 10. For all purposes of this Interlocal Agreement, the term "Interlocal Agreement" shall mean this Interlocal Agreement. 11. Both parties acknowledge the SHI~P enabling legislation, the rules promulgated to implement same, and that the Statute and the rules are incorporated herein as if they were reprinted. 12. Attached to this Interlocal Agreement are copies of the Ordinance No. 93~ 19, as amended, which creates the Collier County Housing Assistance Program, establishes the Housing Trust Fund, and creates the Affordable Housing Advisory Committee in accordance with Florida Statutes and Florida Administrative Code. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. .,.DATED: ATTEST: ' IJtWIGHT E. BROCK,"CLERK $t~ature o~1~. APPROVED AS TO FORM AND LEGAL PATRIC~G. WHITE ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA DATED: ATTEST: CITY OF NAPLES, a municipal corporation -., NNIE R. MACKEN~]~, N'~'~R BEVE~"~Y GRAI~, CITY~RNEY 17F RESOLUTION NO. 2001- 13 0 RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2001-2002, 2002-2003, AND 2003-2004 AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM; APPROVING A MAXIMUM AWARD SCHEDULE; MAINTAINING ADMINISTRATIVE COSTS OF THE LOCAL AFFORDABLE HOUSING ASSISTANCE PLAN AT A MAXIMUM OF TEN PERCENT OF THE TOTAL SHIP ALLOCATION; AUTHORIZING SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION FOR REVIEW AND APPROVAL; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; APPROVING THE INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES; AND APPROVING THE EFFECTIVE DATES. WHEREAS, the Florida State Legislature enacted the William E. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., Florida Statutes, Chapter 91-37, Florida Administrative Code, as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State will allocate a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of affordable housing; and WHEREAS, the Board of County Commissioners of Collier County Florida enacted Collier County Ordinance No. 93-19 on April 13, 1993 establishing the Collier County Local Housing Assistance Plan; and WHEREAS, through Resolution No. 93-t 59 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 1992-1993, 1993-1994, and 1994-1995; and Page 2 Certification (12) The local housing assistan,ce trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity, shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (~4) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. Rental Units constructed or rehabilitated with SHIP funds shall be monitored at annually for 15 years for compliance with tenant income requirements and Board of County Commissioners Collier County, Florida 17F WHEREAS, though Resolution No. 95-284 the Board of County Commissioners adopted a three year Local Housing Assistance Plan outlining the intended use of SHIP funds for fiscal years 1995-1996, 1996-1997, and 1997-1998; and WHEREAS, the Act requires in order to qualify for additional SHIP Funds, local governments must develop a new one to three year Local Housing Assistance Plan outlining the local government's use of SHIP Funds; and WHEREAS, the Act also requires the local government to adopt a maximum award schedule, an average cost per unit, and a maximum cost per unit for eligible housing benefiting from SHIP Awards; and WHEREAS, the Act limits the administrative costs of the Local Housing Assistance Program to five percent (5%) of the total SHIP allocation unless the Board of County Commissioners, by this resolution, increases the pementage to a maximum of ten percent (10%); and WHEREAS, it is in the best interest of Collier County to qualify for the SHIP Funds, and all action taken by the County in furtherance of such qualification is for a valid County purpose. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that: I. The Board of County Commissioners hereby approves the Three Year Local Housing Assistance Plan for fiscal years 2001-2002, 2002-2003, and 2003-2004. 2. The maximum award schedule for SHIP Funds under the Local Housing Assistance Program shall be $50,000 per eligible unit. 3. The average cost per unit for eligible housing benefiting from SHIP Awards shall be $80,000. 4. The maximum cost per unit for eligible housing benefiting from awards made pursuant to the SHIP program shall not exceed $118,264 for existing units and $106,365 for newly constructed eligible housing units. 17F 5. The annual administration costs of the Local Housing Assistance Program shall be maintained at ten percent (10%) of the local SHIP allocation. 6. The Chairman of the Board of County Commissioners is authorized to submit the Local Housing Assistance Plane, a copy of which is attached hereto and made part hereof, to the State of Florida Housing Finance Corporation for its review and approval. 7. The Chairman of the Board of County Commissioners is authorized to execute the certifications annexed to the Housing Assistance Plan on behalf of the County. 8. The Chairman of the Board of County Commissioners is hereby authorized to execute the Interlocal Agreement between Collier County and the City of Naples adopting the Parties' implementation of the Local Housing Assistance Plan adopted herein by reference. 9. This Resolution shall take effect immediately upon its adoption. This resolution adopted after motion, second, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA SAMES .ff//R R,~ffD.,-~i4-35mMAN c.~R(~VED AS TO FORM AND LEGAL IEN .' · HITE ASSISTANT COUNTY ATTORNEY f FILED :X~S ~7~t'Z'NZ~S~2~ (8~Z~) ~noa~; ~Rov~T~Y0;ST~TE Hanagamen~ Plan as l~s Co~p~ehenst~e Plan on ~anua~ 10~ 1989 p~uanb ~o ~h8 re~tr~en~ o~ Se~lo~ 163.3161 e~ se~,, ~lo~lda S~a~u2es; and Rule 9~-5; Flo~Xda A~X~s2ra~vm Code; and ~XS, CollLer count~ has a~emp~ed to add~ess ~e of lack of edemata and affordable housing for ve~ low~ 1~ and moderate-~=ome 'bouseholde ~n ~e County a~d the nee~ innovative pro. ams to ass~s~ ~n ~e provision of such affordable housing by ~nclud~g provisions ~n ~he ~ro~ Hanagement Plan poZ~ 2.1.2, policy 2.1.5 and policy 2.1.6 o~ ~e Housing Element~ ~, the Florida State~g~s~ature enacted ~e W~ll~am Sadowsk~ Affordable Housing Act, out~ed in Se=t~on 420.907 ~e~., Florida Statutes, a~ Chapter 91-37, Florida Adm~nistra~ve Code, as a co~prehensive funding package for State and local housing programs to ~tter enable local gover~ents to meet their regpon's~b~lit~es for affordable housing ~n accordance with comprehensive plans. Plan which is consisten= ~ith Section 420.907 ea. se~,~, Florida Statutes, Chap=er 91-37, Florid~ Admin~st=ative Code and the Housing Element of the Gro~h Hanag~men= Plan of Collier county. NOW, ~EREFO~E, BE IT ORDAINE9 BY THE BO~D OF CO~TY CO~ISSIONERS OF COLLIER C0~Y, F~RIDA THAT: -1- SECTION I. Intent and Pu~os9 A. The intent of this or~inancs is: 1. To make affordable residential housing available for Very Low-incomm Persons, Low-income Persons or Moderate-income Persons 2. To combine local resources and cost saving measures into a partnership by using private and. public funds in order to reduce the cost of housing. of Community-based organizations to optimize the role of Community-based Organizat~ons in the Pro~uctiom of affordable housing. 4. TO promote innovative financing techni~ues designed to the special needs of Eligible Persons or Eligible Sponsors~ encourage developers to construct lev-cost housing; and encourage innovative design of Eligible Housing that provides cost esv~ngs. B. The purpose of the Ordinance is to accomplish the intent by implementing an affordable housing program which will be monitored by the Collier County Affordable Housing Director and the Local Housing Advisory Committee. The pUrl0OSe of the Local Housing Assistance'Program is to b~tter meet the objectives and' policies of the Housing Elemen~ of the Collier County =rowth Management Plan by increasing housing opportunities for Persons Who Nave Special Needs and for Very Low-income Persons, Low-income Persons and Moderate-income Persons while providing fo= the protection of natural resources, and planning for community development and economic growth. SECTION II. T~tle and This Ordinance shall be known and cited as the "Collier County Housing In~tiatives Partnership (S~IP) Program-. SECTION III. Definitions As used in this Ordinance, the terms: A. Ad4usted For Family Sf~9 . means adjusted in a manner which r~sults in an incbme eligibility level that is lower for households having fe~er than four p~ople, or higher for households having mcr8 than four pa0ple, than the base income eligibility 4.* Subsection (Q) baler, based upon a fornula e~tabliehed b7 the united States Department of Housing and Urban Development. B. Ad4usted dross Income - means wagee~ income from assets, regular cash or non-cash contributions, and an~ other resources and benefits de2ernlned 2o be income b~ the United States Department of Housing and Urban Development, Adjusted For $ize~ minus the deductions under Section SI of tho ~n~arnal Re~enue Cods o£ L986~ as amended. C. ~ - neans that monthl~ rents or monthly softgage pa~enta ~nclud~ng ~axes and ~nnurance do no~ exceed pe~cen~a~e o~ ~hl ned~an adjusted ~oss annua~ tncone ~o~ households ~allf~lng und~ ~e de~nl~ons o~ Ve~ D. ~ - hearts a loan, ~an2 oF s~s~dF ~unded ~hoLl~ par~laI~ b~ tho ~cal Housing E. ~o~uni~v-based Oroaniza~ion - scans a non-p~o~ organization ~a~ has among its pu~oses ~ho provision a~fordabla housing to Ps.sons ~o Hay8 Spec/a~ Heeds o~ V~ ~-~ncone Ps.sons; ~-~nc~o Parsona~ o~ Hodera2e-~ncono ~n a desolated area, vh~ na~ include a n~o~pa~, a coun2~, or no~e ~an one ~unic~pal~2~ or coun~, and ~rough a n~n~n~ of one-~d representation on organ~za~on;s govern~n~ board and o~e~sa~ accountab~l~ housing program beneficiaries an~ ~es~den2s of ~he a~e3. A co~un~2~ housing develop~ organization pursuan~ ~o 24 C~; P~ 9R.2 and ~ co~un~ co.oral,on created pursuan~ to ~ap2er 290, Florida S~a2u~es, are examples cE Co~un~t~-based F. El[~ibl~Hov2in~ - ~ean8 ~n~ ~en~ and personal proper2~ located ~th[n the Coun2~ ~h~ch ~s designed and [n2ended E0r p~mar~ p~rpose off prov[d[n~ dece~, safe and san~2a~ un~ts that are designed to meat ~he standards of Chapter Florida Statutes, for homo ow~ership o= rental fo= Eligible ~ar~ons as designs=ed by each county o= eligible mu~cipality i?F participating in the Local Housing Assistance Program. O. EliGible Per,on -'means one er more natural persons or a fnmlIy determined by the County to be Persons Who Have Special Housing Needs, or Very Low-income Persons, Low-income Persons or Moderate-income Persons according to tho Adjusted Gross Income o£ the resident as Adjusted For Pamlly S~ze. for-profit or not-for-profit entity that applies for eft Award under the Local Housing Aesis~anoe Program fo= the purpose of providing Eligible Housing for Eligible Persons. I. ~rant .- means a distribution of a portion of a Local Housing Dlstr~bution to an Eligible Sponsor or Eligible Person to provide assistance under the Local Housing Assistance Program. · . ~ous~n= Xssistance P~a~ - means a concise description o£ the Local Housing Assistance Program adopted by this Ordinance w~th an e~p~anation o£ the way An which 'the program meets the requirements of this Ordinance and Sections 420.907 through 420.9079, Florida Statutes. K. '-'Loan -- means · pledge of Local Housing D~str~but~on moneys to an Eligible Sponsor or Eligible Po=son to part,ally finance the acquis~tton, ~onstruct~on or rehabl~tation of Eligible Housing. L. Loon! Hous~= Distributio9 _ means th~ proceeds o£ the ta~es collected under Chapter 201, Florida Statutes, deposited into the local Government Trust Fund and d~stributed to countie~ and el£gible municipa~ities Pamt~ol~ating in the State Housing In~tiat~ves Partnership Progra~ pursuant ~o Section 4=0.9073, Florida Statutes. M. Low-income Persom - means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed eighty (80%) percent of the median annual Adjusted Gross Income for households w~thtn the State or 80% of the ~edian Adjusted ~ross Income for households within the Metropolitan Statistical Area o=, if not within a Metropolitan Statistical Area, within the County, whichev~r amount is greater. With respect to rental units, the may not exceed eighty (80%) percent of the State's median income Adjusted For Family Size. WhiLe-occupying the rental unl~, a income person's annual income may increase to an amount not to exceed one hundred and forty ~140%} percent of eighty C80%) percent of the State's median income Adjusted For Family Size. N. ~~[~0 Stet~tica! Area - means, as defined by the U.S. Census, one o= more entire counties economically end integrated tha~ have a large population center which meets tho following criteria: {1)'one central city with 50,000 inhabitants prov~ded~ (a) that the city's population taken together with that of contiguous places totals at least 5~,000~ ~nhab~tants and constitutes, for genera~ economic and social purposes, a single com~unity, and {b) the county or count£ea in which these places are located have et least 75,000 inhabitants. o. Hoderate-~nco~e Person - means one or more natural persons or & family, not incl~ding students, that has s total annual adjusted gross household income that is lees then one hundred and twenty (120%) psroe~t o£ the median annual Adjusted -. Gross Income for households within the State or one hundred and twenty C120%) percent of the med~a~ annual Adjusted Gross Income for households within the ~etropolitan SCatieticalAre& or, if not within the Metropolitan Statist~oal Ares, within the county~ whichever ~s greater. With respect to rental un,ts, the moderate-i~come person's annual income at the tire of occupancy =ay not exceed one hundred and twenty (120~) percent of the State's median income Adjusted For Family Size. Wh~le occupying the rental unit, a moderate-~ncome person's annual Adjusted Gross Income may increase to an amount nec to exceed one hundred and forty (140%) percent of one hundred and twenty {120%). percent of the State's median income Adjusted For Family Size. p. ~ersons ~ho ~ave Special N~ds - mea~s indiv~duals who have incomes not excesdfng those of Boderate-income Persons and, because of particular social, economic or health-related circumstances, may have greater difficulty acquiring 17F maintaining Af£ordabls housing. example, encountered resistance to their residing tn particular co~unitiea, and =ay have suffered increased housing costs lnstttutional~zationo Such persons may Include, but not be mental ~llneeses or chemical dependency; persons w~th acquired l~mune deficiency sTndro~a (AIDS)-and human l~maunodafic~anc~ virus fha) d~saase~ ~na~a7 or abandoned ~ou2h~ publ~o assistance r~c~p~ents~ m~an~ and seasonal fa~orkars~ refugees and emtrants~ ~e elderly$ a~d d~sabled adul~. ~. Very ~-~come Pe~so~ - mea~s one o= more nat~al persons or a family, ~ot -~nclud~ng s~udents, ~a~ has a total a~ual adjusted ~oss hous~old ~ncome ~a~ does not exceed f~fty {50%) percent of ~e med~a~ annual Adjusted ~ross Income for annual AdJus=ed Gross Income for households w~tn ~ He~opol~tan Statistical ~ea or, ~ no~ vixen a Metropolitan Statistical ~ea, w~h~n ~e County, wh~chivBr ~s ~later. W~ respect ~o rental ~ts, ~e ve~ ~-~ncome Person's annua~ ~ncoma at the t~me of ~t~al occupancy may ~oC exceed f~fty ~50%) percent of ~e State's median ~come Adjusted For Family S~ze. ~le oc~py~ng the rental U~t, a Ve~ ~w-~ncome ~erson,s a~ual ~ncome may increase to a~ amount not to exceed one h~n~ed a~d forty (~40%) ~er~ent of f~fty '(50%) percent of the State's median i~come Adjusted For Family S~ze. SE~ION ~. _~eatton of tbs Local Hou~nq Ass~s~anc~ ~st ~n~ A. ~e ~cal Housing Assistance ~st ~nd ~s hereby created and established. B. All moneys received from the State ~ursuant to the State Housing In~tiaC~ve Part~ership [SHIP] Pro,ram and any othe= funds =scarred or budgeted to provide funding for t~e ~cal ~ous~ng A=~istance Program shall be deposited ~nto the ~cal Housing Assistance Tru~C ~nd. Administrat~on of the ~cal Housing A~sistance T~st ~nd shall comply Vith Rule 91-37.008, Florida Administrative Code. Such persons may have, fo= ~mplementa~ion of ~he :LO~l Housing ~se~s~ance ~rogram shall no~ bm made from the Local ~ouslng Assistance ?rust Fund. D. Amounto on deposit in t~aLocal Houslnq Assistance Trust Fund shall be invested according to Collier Count7 investment policies and procedures. Ail investment earnings shell be retained in the Local Rousing Assistance T~ust Fund and used for the purposes ~hereof. county, solely for use pursuant to the Local Housing Assistance p~ogram. AIl Local Housing Assistance Program income, including investment ea~ninqs, shell be retained In the Local Housing F. The County agrees ~lat the Local Housing T~Uet Fund shall be separatal~ stated as a special revenue fund in ~he count~ audited financial statements. Copies of such audited financial s~etsm!nts shall 1~ £o~arded to ~ht Florida Housing Finance Agancya~ soon as much statements are .S~CTX0~ V. Local ~ousin~ Par~nershi~ A. The LOcaX Housing Par~nerahip is hereb~ crea~ed and established. B. The Local Housing Partnership'shall inolude, bu~ is not limited to, the CountM, community-based Organizations, for-profit housin~ developers, lending institutions, providers professional services relating ~o Affordable housing, and service organizations working on behalf of Persons Who Have Special ~aeds. ¢. Tho Local Housing Partnership shall assist in the implementation of the Local Housing Assistance Program in accordance with this Ordinance, Sections 420.907 through 420.9079, Florida Statutes~ and Chapter 9X-37, Florida Administrative Code. SECTION VI. Eetablishmen~ of the Local ~ousin~ Assistance A. The Local Housing Assistance Program is hereby created an~ established. 87 -7- B. The contents of the Local Housing Assistance Program include= (1] this Ordinanc~ entitled "the Collie= County Housing Initiatives Partnership (SHIP] Program#; (2} the Housing Assistance Plan; ¢3) Csrtificatioms; and (4} Appendices. Items One through Four of this SubsectiOn B, copies of wh£ch are annexed to this Ordinance, are adopted by reference and made a part of this Ordinance. C, The Local Housing Assistance Program aha11 use One Hundred (100) percent o~ the funds held An true= as follows= 1. The funds may be used to provide the local matching funds in order to obtain federal housing grants for federal program~. 2. The funds may be used to provide for the following ' capacity bt~ilding strategies for community-based organization. a. Operating and administrative expenses. b. Training for real estate development. c. Training for construction project management. 3. The funds may be Used to ~mplemant the following locally-designed strategies= (a) ~urchase assistances ownership opportu~ittes ~ay be crea~ed £o= Eligible Persons through mortgage reductions, and/or low or no loans for dow~ payments and/or closing costs. (b) Acquisition/rehabilitation; Very Low-income Persons and Low-income Persons may be awarded funds to acquire existing housing units for renovation. (c] Impact fee assistance; Eligible Parsons nay be awarded funds for the payment of waivers or deferrals of impact fees for Eligible Housing for Very Low-income Parsons and Low-income Persons. (d) Land A~quisition; the County may through purchase or donation acquits land J-TF II Dm 17F of a specifio pro~ect for the express purpose of pr~v~ding Eligible Hous~ng at a future (1) the County may provide locally-designed strategies that create or preserve A£fordabls housing through the construction or repair of homes for Very ~ow-~ncoms Persons and Low-~ncome Pereonso (2} The County may seek local developers and contractors and other organizations willing to construct Affordable housing which offer such ~ncent~ves as ~e Coun~ adopts ~n ~s ~caL Housing Incentives' Plan, ~ese incentives may ~nclude, but a=~ no~ limited ~o, assistance ~n cons~o~ion o~ ~e ~nfras~cture for eligible naigh~rhoods, ~mpac~ cred~s or pa~ent~ and/or ~e purchase of ~e land by ~e county upon wh~ const~ct~on will occur. (f) ~e cost oE a~n~ster~ng hh~s ~cal Housing Assistance ~o~a~ shall not exceed f~ve of ~e State Housing Initiatives Partnership [SHIP] Pro.am funding, ~aranteed from the State of Florida, unless such costs are ~ncreased to a maximum o~ ten (10t) by County ,Resolution pursuant to Section 420.9075 Florida Statutes and any amundments thereto. The County shall coordinate [t~ efforts with Institutions as follows:, 1. The County shall work with ba~s and savings institutions to meet their obligations under co.unity Reinvestment Ack [C~] to aff[~at~vely address ~e credit needs of the entire co.unity. 060,, .89 17F In meet!n~ their ob!igat~on, banks and savings institutions shall be encouraged to engage ~n activities Chat include, but not ara limited to the following~ Increase efforts to make loans for home mortgages and home improvements in conjunction with government insured lending programs such as FHA and VA; make loans vith high loan to value ratios when financing to Community-based Organizat~ons; and provide a secondary market for Community-based Organization development loans. 2. The County shall seek landing institutions to work with Eligible Persons or Eligible SponSors ~n providing low-cos= loans, interest point buy-4ow]l programs and other cost-saving mechanisms ~n o~sr to facilitate home ownership for Very'Low-income Persons and Low-tncome Persons and Persons Who Nave Special ~ous~ng Needs. The County shall provide incentives for the preservation and production of Affordable housing for ~ligible Persons including, bu~' not limited to, the donation of land or availability of low-cost land or land-lea~e arrangements, assistance In t~s constructio~ of infrastructure, availability of ~mpact fee credits or deferrals and/or security deposit credits or payments. The Local ~ousing Assistance Program shall ~nclude all other lawful .objectives not previously listed if saia objectives have been adopted into the ~ousing Assistance Plan in tho manner provided by statute. In implementing its ~oustng Assistance Plan, the County shall: 1. At least thirty (30) days pr/or to the beginning of any application period, advertise the availability' of the Local Housing Assistance Program in. newspapers o£ general c£rculatton and periodicals serving e2h~lc and diverse neighborhoods. 2. The County shall, in its Housing Assistance Plan, adopt a maximum Awards schedule or syste~ of Awards that comply with the £ollowing criteria: (a) A~ leant sixty-five (65%) percent of all'the funds made available In the County shell be reserved for home ownership for Eligible Persons. (b) At least seventy-£iva (75%) percent of the tots1 funds shall assist with construction, rehabilitation or emergency repair of Affordable housing. (c) The sales pr&ce of new or existing ELigible Housing shall no~ exceed ninety (90%) percent o£ the median area purchase price In the area where the Eligible Housing is located as established by the United · states' Department of Treasury in accordance vith Section 3(b)2 of the United States Housing Act of 1937. (d) All housing, constructed, rehabilitated or otherwise assisted with the funds provided from the Housing Assistance Plan must be occupied by VsryLow-incoma Persons, Low-income Persons and Noderata-incoma Persons. At least thirty (30%) percent must be occupied by Very Low-income ~rsons; and at least an additional thirty (30%) percent by Low-income Persona. (e) Loans shall be pro~ided ~or periods not exceeding thirty (30) years, except for deferred project loans or loans that extend beyond thirty (30) years which continue to serve Eligible Persons. (f) Eligible rental housing constructed, rehabilitated or otherwise assisted from the Local Housing Assistance Program is reserved for Eligible Persons for fifteen (15) years or the tarsi of assistance, whichever is longer. Eligible Sponsors who offer 91 17F rental housing fo= sale before fifteen (15)' years from the date of issuance of the certificate of occupancy or that have unsatisfied mortgages funded under this program must give a first right of refusal to eligible Hot-for-profit organizations for purchase at the current market .value for continued occupancy by eligible recipients. (g) Eligible owner-occupied housing constr~oted, rehabilitated or other/lee assisted from proceeds provided from -the Local Housing Assistance Program shall bm subject to the recapturm provision o£ the m~rtgage revenue ~ond program contained ~n 143(a) of the Internal Revenue Coda of 198~o (h) The total amount of monthly mortgage pe~msnts the amount of monthly rent charged by ~hs Sponsor or hie designee must be made Affordable° {£) The cost per unit and the maximum cost per un~ for Eligible Housing bens£1t~ng from Awards made pursuant to this Local Housing Assistance Program will be established by County resolutions (J} A qualif~cat~on system for applicat~ona for Awards will be established through the Housing P~an. The staff or entity that has authority for this Local Housing Assistance Program shall annually monitor and determine eligibility and the amount of the subsidy pursuant to the provisions of this Ordinance and Stats and Federal law. The County, the Local Housing Partnership, and all Eligible Sponsors shell not discriminate on the provision of Affordable housing to Very Low-income Persons, Low-income Persons or ~oderate-lncome Persons o~ the basis of race, creed, religio~, color~ a~a, se~, marital status, familial status, national origin, or handicap in the loan application process fo= Eligible Housing. 3, The County shall comply with all rules and regulations of the Florida H~using Finance Agency la connection with required reporting of compliance o£ its Housing Assistance Plan. 4. Prior to receiving an Award, all Eligible Sponsors or Eligible Parsons shall enter into an agreement with the County, agreeing to comply with the affordable housing criteria provided under sections 420.907 through 420.e079, Florida Statutes~ and this Ordinance. 'In the event of a transfer of ownership of prcpe~y to an Eligible Person or Eligible Sponsor pursuant to the Housing Assistance Plan, the County shall require a covenant in the deed or mortgage stating the grantee or the mortgagor agrees to comply with the te~me of the affordable housing c~terl& provided under aectl°ne 420.907 through 420,9079, Florida Stetutea, and this Ordinan~e~ which covenant will run with the land An the cass of a deed. Failure to comply with the covenant An the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement o£ the agreement insuring to the benefit of the County. SECTION VII. Desionation of Resoonsibllitv For Implementation Off The Local Housin~ AssiStance Prooramo The Affordable HoUsing Director Is designated as the pers?n responsible for the development and implemenSation of the Housing Assistance Plan. Such person shall be responsible for coordinating with the Florida Housing Plnance Agency and facilitating the funding of the State Apartment Incentive Loans [SAIL] and setting up adve~tiaements and workshops to advise' potential home buyers of the existence and terms of the Housing Assistance Plan. Such person will work with the Local Housing Advisory Committee and other Affordable housing groups to monitor the success of the Housing Assistance Plan and provide advice and sugge~tions as to methods for improving the effectiveness of the Housing Assistance Plan from year to year. The total amount paid for administrative expenses in connection with ~he development and -13- 17F implementation of the Housing Assistants Plan, Including any costs of employee aalar£ee and benefits, shall not exceed five percent of the total SHIP funding amount in any given year, unless such costs and expenses are increased to a maximum of ten percent by County Resolution pursuant to Section 420.9075 ¢~), Florida Statutes and any amendments thereto. SECTION VI~I. Crsatiom off the ~ocal Housin~ Adv~sor~ Committee. A. There ia. hereby created the Local Housing Advisory' Committee (tho NCommittee,), whoso members shall be appointed by resolution of ~he Board of County Commissioners with recommendations from ~ho ~aplos City Council. B. The Committee ah~ll consist of nine members. Five members shall constitute a quonm. The Committee may not take formal actions unless a quo~Am is presort2 but may mee~ to hear presentations iff duly noticed. ~ho Committoo shall include following: One (X) citizen who is actively engaged in the residential homo building industry~ 2. One (1) citizen who is actively ongagod in ~hs banking om mortgage banking industry~ 3. One (X) citizen who ia a representative of those areas of labor engaged in home building; 4. One (1) citizen who is dseigna~ed aa an advocate for Low-income Persons~ ~ ~. cna (X) citizen who is a provider o£ Affordable housing~ '6. One (X) citizen who is a real estato Professional. C. Hombers shall serve for two-year ~orme and may bo re-appointed for subsequent te~ms. D. Meetings shall bs hold monthl7 £or tho first year o£ Committee's existsnco a~d quarterly, or moro frequs~tl~ as necessary thereafter. E. Tho Committee shall compl7 with ~hs Covernmen~ in the sunshino La~, ~he public records law and the special provisions re~ardim~ notice o~ ~ocal Housin~ ~ncentivo Plan consldera~ions -14- 17F found in Section 420.9076~ FLorida Statutes. Hlnutes o£ the meeting rill be kept by the Collier County Affordable Housing Director and shall be submitted to the Board o£ County commissioners and'Naples City Coun~llo F. The Conmittee shall annually elect a Chairman, V~ca-Chairman and such other offices aa At deems necessary. The chairman la charged with the duty of conducting the meetings ~n a manner consistent vith law. ~ G. S~aff, administra~ve and facllLty support for the and City of Naples. The Committee shall have the following dut~es~ 1. The Committee shall review established policies and procedures, ordinances, land developmen~ rsgu~ations and the Housing Elemen= of the Growth. Hanagement Plan .. of the Board of County Commissioners and Comprehensive Plan o£ the C~ty of encourage or facilitate Af£ordable housing while appreciate in value. The recommendations may include the mod~fication' or repeal of ex~et~ng policies, procedures, ordinances, regula=lons or land provisions$ the creation of exceptio~s applicable to Affordable houskng~ or the adoption of new policies, procedures, regulations, ordinances or plan provisions. At a minimum, the committee shall make recommendations on affordable housing incentives in the following areas= (a) Affordable housing definition in the appointing resolution. {b) The expedited proc~ssing of permits for affordable housing projects. (c) The modification of ~mpact fee requirements, including reduction or waiver of fees and alta=native methods of fee pa~nt. Cd) ?he allowance o~ ~ncreasad dens~y levels. (e) ~a reservation o~ ~n~rastrvctura capeci~7 ~or housing o£ Very Lov-incc~s Parsons and ~ov-tncoma Persons. financing ~echaniem for housing o£ Ver~ ~ov-Ancoms Persons and Lo~-Ancoms Persons. (g) ~ reduc~fon o~ parking and setback ra~remen~s. (h) ~e allova~ca.of =aro-lot-l~ne confl~raC~onl. ~J) ~a ea~ablis~en~ of a process b local gova~en~ conside~s beffo~a adoption, or land provisions ~a2 have impact on 2ha cos2 o~ housing. 2. Wl~in nine (9] ~on~s from the adoption Ordinance, ~a Co~ittea shall make ~eco~enda~lons hearing concerning the adoption o~ ~a ~cal Housing ~ncentiva Plan. ~o~ica of ~ ~ime, data and place of the public hearing of the adopt final affordable housing incentive pl~n reco~endations sh~ll ~ adve~tisad in a newspaper of general ci~lation in ~a Coun~ scheduled hearing. The notice of mae~ln~ must contain a short, concise su~a~ ~ha affordable housin~ incentive reco~enda~lons be considered by 2he Co~122ee. The notice shall also state 2he public place where m copM Co~ittee reco~enda~ions can ha obtained by interested persons. SE~IO~ IX. Local ~oust~ Ince~tive Within ninety [~0) days after th~ date of the receipt of the affordable housing incentive reco~andations from the the applicable public hearing, the Board of Count7 Commissioners shall adopt bM ordinance, thc Local Housing Xncantiv~ Plan. The Plan shall at a minimum consist of specl£1o inibiatives to encourage and faol~ltate Affordable housing, and a schedule for i~plemantation which includes (X} · schedule for impls~entation of expedited permit processing £or A£fordable housing projects and (R) a process for review'of local policies, ordinances, regulations and planned provisions that significantly impact the cost of housing. The Board of County Commissioners shall, upon adoption of the Local Housing Incentive Plan, send a copy of the Plan bo the Florida Housing. Finance Agancmf by cer~ified mall. SECT~O~ X. ~on~lia~ a~d Seve~abil~t~. Zn the evenb ~ls Ordinance conflicts wit'~ any o~er ordinance of Collier County, the more rostriotivs shall apply. Xf' an~ phrase or por~lon of ~hl~ Ordinance, or the particular application the~eof~ shall be held invalid or unconsbibubionel by any court, adminAs~a~lvs agency.or other body ~lth approp~iebe ~urisdiction, the remaining section, subsection, eenbencee, clauses, or phrases and thel~ applicables shall not be affected This Ordinance shall become formal adoption. PASSED AND DULY ADOPTED by the Board o£"County Comm~ssioners of Collier County, Florida this /~ day of ~~ '?V'. :. '-:. .~ 'f? .... 8~e..C~_. :, CLERK COLL,:ER · ~ TO'.¥ORH AND LEGAL SUFFICI~CY -17- and th~ applicable publlo hearing, the Board of County Co~m~sslone~s shal~ ado~ by ordinance, ~ha Local Housin~ Zncantiva Plan. The Plan shall at a minimum consist of specific initiatives to encourage and facilitate Affordable housing, and a schedule for implementation which includes (1) a schedule for implementation of expedited permit processing for Affordable housing projects and (2) a process for review of local policies, ordinances, regu~ations and planned provisions that significantly impact the coat of housing. The Board of County Commissioners aha11, 'upon adoption of the Loc~l Housing Incentive Plan, send a copy of the Plan to the Florida Housing Finance Agency by SECTION X. Conflict and Seve~abil~tyt ' In the event th~s Ordinance conflicts with any other ordinance of Collier County, ~hs more restr~ctive shall apply. If "any phrase or portion of this Ordinance, or the particular application thereof, shall be held ~nvalid or unconstitut~cnsl by any court, adminietrat~ve agency or other body with appropriate Jurisd~ction, the rema~ning section, subsection, sentences, clauses, or phrases and their application aha11 not be affected ~hereby. This Ordinance shall become effective thirty (30) days after formal adoption. 1993 f?~:*.:: PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /_~ day of ~,~,..~ , / , BOARD OF COUNTY CO~MISSIONERS DWIGHT.: CLERK COLLIER COUNTY, FLORIDA BY: · SAUNDERS, CHAIRMAN A~'~'R'OVED AS TO FORM AND LEGAL SUFFICIENC~ HEIDI F. ~AS~TON~ -- ASSISTANT COUNTY ATTORNEY -17- and ock~wlea'gemen_t.~f that 17F lectLon Z State Hauling ZnItAatLyee Partnership · Housing AleIatanoe'Plan ColXIer Count! FAecal Year 1~2-t$ co~nty to Increase the supply of sffordible housing La Collier County. Thle Plan meats tho previa/one of Chapter 91-37 of Florid& AdmLnLetratLve Code, State Housing ZnLtl&tives [SHaPe Progctm. Thio Plan LB limited to the CLt¥ of #spies and Coil/er County. The City o£ Nap%es and Co%%Le~ County hive efltacod £flto au %n~er%ocaL A992 and ond~ng on June 30, Z99S. %mpXomonta~Lon Th~o plmn La.dew,Stied ~o ~fl~=amwa ~ho IvaLlibLlA~y o~ If~ordmblo housing by u~LZLzLng virago l~rl~Lll. Very 1~ and lB %mp~=~ Fee ReZLe~ - Renal% Hove/ns 2A H~e~fl.~ nehabLll~a~Lon'afld ~.rgen~y RopmLF 2B nofl~nl RehabLXX~t~Lon mild Imergon~y RwpnLr 3. O~ Pi~on~ AmmLm~ance with RohabLlXte~o~ mnd ~ergency 4. AoeLe~ance ~o C~unL~Oaeed s. F~eral or 8~a~e Hatch ~or Housing prey/aLert of ~he Hot, gAge Revenue Bond Progcmcon~ln~ ~n Budget funds, which L. Ln conformance w~h Oho ~ee governing ~he Pr~ram. -1- 17F.= all X.lJo~lt~on $254F395 $3%0~792 $340~856 CkmetrlOtLon/Rah&b. S190,79& $233,0~4 S25S,627 Total ~ZP ~flda al~ for 7St ~c~ for conl~c~on/rihab. 651 ~r~ ~or H~ ~mrsh~p ~ 92/93 allocation for H~ ~.rsh~p $254;395 $ 25,439 (lOt) $129,470 $ S8,598 $ 35,888 0 $ S,O00 $254,395 $223,9SS $165,357 -2- $ 25,439 20,439 30,000 25,439 B) Ronda% Var). L~-%nc~o SO Lov-Lnc~a.~ 0 ASSXHT. TO COHN. BASZD OROAHXZATXO~S U'n%t:m u~ndt~od 'for Very ~Ln~m '~rmofls 30~ ~rlO~mo -3- Sta££ ~mlm=Xem ~OS.lwlng Need. ~udy · o~&l I~XP hfldl I1l~d for 7St ~lred f~r c0nit~ction/reha~. 65~ ~e~Ared fo= h~ ~ermhXp 93/94 ml~ocm~Xon ~o= h~mrmhLp -4- $330,792 $ 31,079 (203) ?SRO00 25,000 $ 33f229 $ 10,000 S $ 3%f079 S 3%,079 $223,094 $269,713 $202,015 214,713 .W sxzt, m~z~s ASSZS'~D ~ t3/t& A) O~nornhLp Ver,/Lo~.tnccme 3 X& O 0 Vox'7, Lou-Lncomo 4 Low-Xnc~o 8 Itrnto~ ~ 4 ASSXST. TO COHO4. BASED 0ROAHXZATXONS ~X On$~e m&nd&~ed ~o~ VmF~Lo~-Lnco~o j;~=none 30~ ~93/94 ~lflc~e unXtl als/skid 2Or** -S- ~=%a1 AudX~ ~m=-BuXZdf= TochnLcmL To~sX ~Xn~ut=a~Xvo ~aX ~HXP ~n allMd for' conn~c~Xon/~mh~ 94/95 mllo~a~Xofl for H~o ~erohLp $340,8S6 $ 34,08S (lOt) $ ~0,000 79,82X 10,000 $100,0~0 2S,000 30,000 $340~056 15,72S 10,000 S,SO0 34,085 $ 34,08S $255,~27 $22%,543 $241,77% A) ovnm~mh%p very B) Ron~aX VIFF B) Rofl~aXe I~:~?A~I:Z~ZASSXST. W/REHAB. 36 0 3 $ 15 6 TOTAL Un£~n aosLe~ed 1~ 94/9S -?- 17F CLty /mgao~ ~mes EOF a~ZoFd&blm housing davelopmeflC, whtch meet the ~%t¥'e Affordable ~wLflg =mveZo~ant mtand&~d.. or de£errmle £o= ~ne~me-q~alifyLng householdm or pro~ee~s. In .Co111e= County and the~ mu.~ deel~=e ~hl d~XxLng unX~ ~o their h~ikead.- ::'T ' ~nits to be Assf. s~:adl : 92-93 $129~470 93-94 $ ?S,OOO 94-9S $ 61~950 92-93 22 93-94 13 94-9S 10 ~.: Z~cone Group to bo ASl~ltidt · ::'-' . 2~' 93-94 .Fei .bl~ef FmC4 w~th SHIP ~11arns $6,000 de~ndLng u~n Sba location ~Lthln the CountT. State ~ndated ~x%~ pr/cm %or mn~ un/~ ~mmLmtmd w~11 bm~ 17 VEL'7 Lo~-Ancome S Low-income 10 Ve=k Lcrd--inCOme 3 Lo~'-Ancomo 7 Va~'Lob'-lflcome 3 Lov-tnco~no $95,400 $55,000 -8- 17F ~" ~mawA~Aont~n~ ~e~aX ~Jlo~l whe~e ~he temantl mie~ the An~e ,:~').' 'llt~X&ehed An a~l ~l~e~ Coun~ ~pac~ Zee o=dLnincel. ,. .... ~ g2-g3 $SB~SgB % ~ 93-94 ~lO~OOO ~ 94-95 l~r 92-93 SO .,.~. ~ 9~-~4 a · .]..' ~,~ ~4-95 8 O=o,~m /~o ~.l~mLmt~dm . &mo~t.' of 'sll2P dollsrt ]~r uLtt $S,000 -9- 17F and Bmmz~eno], BepaA~ P~O~am B ~h~~on and ~gmn~ repmL~ ~rog~ w&ll ~ devolved u~L~Z~ng o~m~Lo~ o~ ~lun~merm mad /kLll~ labor. The rmhabXXXt~on ~n~ ~m~ pr~r~ wtXX tm~g.~ Vo~ ~ an~ L~&nc~e ~l w~l~ be ~roy~ded to co==mc~ ~ou/~n9 Codl v~o~Lonm or dm~e~md hndl for h~irl v~ll bi ava~l~ll in'thru rom of pa~fl~ loin a~ 0~ ~fl~eze/~ vL~B tmpa~en~ u~ mile of ~o~rc~ o~ 30 F~ 92-93 $35,889 1~93-94 79,723 FY 94-95 79,821 92-93 93-94 7 Vmz~L~Lnc~ 36 VeL'yLmd.-lncc~o O Y~ncomo 0 T..c~nco~ $7,SO0 17F .. ~sor~ont A ron~a~ reh~L~on and ~=gen~ ropaL= p~=~ wL~ be d~X~ ~d ~X~flted ducXflg tho X993~g4 f~g=aL ~en=. O~ho~ funding rloc~da F~x ~unde ~LIX bo available ~o pro~ ~mrn ~o correc~ code ~flda wLl~ ~ avat~lo An tho fo~ o~ ~flLz~ loans ~or up · vLth an annual Lnteroo~ ra~o o~ (S~). Penalty ~ero wL~ be red,red p~vLdo '~ ~ollace ($2.00J o~ pr&vats funds ~or eve~ O~e Dollar CSl.O0) of SHiP funds. ~d~o~o ~e~ ren~ tbeLr salts to Vo~ ~ and ~&nc~ ~cnono ~or tho dura~Lon of tho loan or h oub~ec~ ~o =opa~n~ a~ aarko~ ~ 93-94 S30~000 ~ 94-9S SlO,O00 '~usi'aJe~unt of snzP dollars I]60- :109 g2-~3 0 93-94 9 94-95 3 ,rz 92-93 /Y 93-94 /Y 9409S 0 VeFy ~Lnc~ 0 ~-~n¢~ 9 vat7 Lov-lnc~ 0 Low-:Lncomo $ 3;300 $ 5,000 17F with RehabXlltation and/or Xmergsnc~ RopaLca. ~o ~ ~n~unc~lon wAth reh~LlAtm~Lon or ~gmn~ mepaLrm to an~ ~Lm~ng~llLng unit. ThLo i~rl~l~ ~1 avaLlable ~o~ eLngle.~Lly h~ee, duFlmxeo ~d cond~&nl~uflLta. 'da~e~ ~flt loan o~ S2,500 w~th 0t 'Xfltorem~ wLll be ~covtd~ ~o~ ~l c~Xnld dl~or~md loans o~. $S,000 wLlL bo mocur~ by ~id Xn full to the Af~o=d~le HoueXhg T~o~ ~nd when tho dwellXng ~t of ~P Amg~smco Avall~let ~ ~2-~3 S 0 ~ 93-94 ~ 94-99 $100,000 FY 92-93 0 FY 93-94 FY 94-95 20 FY 92-93 1~ 93-94 FY 94-95 and ~aer~oncF Xepelra VeL~ Vary Low-Ancc.~ Very Low-Ancon~ Lc~-Ancc~s 2,500 2,500 $83,160 $60,000 -12- -13- ho~JmLng assistance akLllm. Theme a~unL~y-baaod orgsnitatLone mly =eceLvo FY 92-93 S S~000 ~ 93-94 $ S~O00 ~ 94-9S S~S,00O ~,~. ~to ~o bm XmmLstedt · IMserXl~J~ut Hany ~adsral and state h~mLng pr~r~s ra~Lrs or La-kind eagLet&nco. B~./~Lng Xn fLoraL ~oar 1993-94, ~he houaXng annXn~inco plan 15,000 ~ ~ocll utah fo~ fKo=ll o'r i~l~o h~oLng pr~r~a. 92-93 $ 0 g3-94 $ S,OO0 g4-9S $30;000 TZ 92-93 0 I~Z 93-94 3 ~Z 94-95 18 T~ 92-93 0 Vs:y Lc~t-Lnc~ O L~r-Xnc~ TX 93'94 2 Vec~ Lm~-Lnc~ F~ g4-9S 12 Ve~ X,ow~Lncc~no 6 Low-tacoma S S;O00 $ 6,000 u 17F ~l~n~ a Xand acc%set&on Proart. The 92-93 $0 93-94 $o 94-95 $0 ..[.-._ %nM O=ou~ 6.o be Ass.titlds ~ ~f ... ~ ~ut of IBXP ~11are Per Parcel .. ?: ~ 92-93 0 I~ 93-94 O F~ 94-95 0 92-93 93-94 1~94-95 0 Vm=~. 0 Low.-Lncome 0 VoL'TLow-tncome O r, o~d-tnco~M 0 Very 0 Low-tncome $ 4,000 $10,000 -14- 17F origin Ln the Ule o~ lflJP lousing ~l'rknorahIp Collier county hie always had a local housing ~t~fle~shIp ~blto Hoeings concerning tho davolopn~ o~ tho AswLwtan~o P%an. TheLr Ln~t v%11 con~Lflue to bo .~gh~ on tho ~pl~flta~Lon and a~inLe~rn~Xon o~ ~ho Ho, slag Assistance Plan. A f~ of tho exacting groups who have hen 2. Banking Partnership of CoIZ&o~ Couflty~ 4. COl%~er~un~F %xtens%ofl Se~Lco o~ ~he University O. AZliance for the Men,ally Xll~ 9. . ~llie~.Ofl~c~ for RLghtm and Coll~or county HousLnq Authority, othe~ non-profL~ o~giflLza~oflB Arid LfldLvLdualo Involved afford~lo housing have prov~d~ ~helr advice and ~eo~Aofla. ~XAa Xn~ and Dissension of Xnro~Aoa ~erl ~o sofl~ ~o VariOUS flOfl~O~ oFganLz~Lonf =~a=dlng ~blLo Ln~ Lfl the devotement o~ ~he 8HIP &~ord~lo H~e~flg C~ee~ofl eolLcL~ed ~bXto Ln~ on the SHIP P~rm i~ ~he$r Feb~l~ ~B~ ~993 mee~Lng. Tho Boa~d o~ County C~Llslonere and ~aplee CL~y Council have 1992, January 1993 and Hatch, 1993. adve~Le~n~ ~c~ announcing ~und avaLlibLl~ and -1S- 17F · IL1'[ ltL"&t:egJ, ll O~ the Housing )Lan/Stance Plan are avalZab%e to Individuals v£~:h specie% housLng needs may partloipate In the bar. o= other ne~eena~ =opm~=8 o= ~hangee. O~he= Individuals with f~ala~ h~mLng needs may Pa~&cLpmte %~ 10 an~L~Lpm~ ~hm~ ~efl ilO) units etch year v~11 bo Pa~%clpin~m Ln the ~ca% Housing thr~gh ~he ColZler ~unty Coo~ra~Lvo Extension A b~Lm~ ltm~ of e~e wu~ so.lees recLpLen~l - includes 1. ~ob ~atnLng ~a~nermh~p ~c~ 2. Hasle on Nheelll S. Collier County DLvAeAon og So. LaX SmrvAceel Be~er LtvAn9 %o~ gmnAorll ?. CoXlAer County ~noLX on TFL-Co. NutrL~ionaX Progrm~ 9. TrL-Co. Baffler 10. Oemlor Friendship Cen~er-aeaZth 8e~Acos/ and SenAor C~nA~ So.Ace ~pl~ofl~ ~t~ach and X~lAaa~lonm ~or SXZP Ib~Lcim ~111 be rmeeLv~ on am ongoLflg hasle slx wek. A~IF i 30-day advertising ~rA~ and ~b%le awareness c~paXgn %fl~lud~ng letters to noc~aX le~lce agmncAm., publio smrvAce aflnounce~ntw, n~npa~r mdvm=~Le~en~m and Salec~Lom wLll be made ~ng ~a%Afied applAcanCe om a fA~e~-c~, f~=s~-em~e basis. -iS- 17F ~ ;'., · . ~',"f~m ~X ~me ~mb%m fo~ Zxpe~Lture of I~mdm 92/93 x .X X X X "~t~.~ ef Ffjeat THe x X % % x 17F I ~ 3 & S & T The foilovl~l art Indlclt# the Iffof~lbll~ly 'fllures bi. ed m 307. of fnca~ If4l-. &1local/on o£ BHXP £undl. 17F ~ ~or%~fLcs~lon S. Remtp~en~e of funde wLll be re~red to cofl~ractuilly ~L~ to ~rm ~Ldel~nes. ~lY Lf Co11Lor C~n~y wall ~ un.lo ~o c~ply wL~h the p~ov~eLons o~ tho plifl. 7. ~ mnde~ ~lan MLIX ~ au~t~ed ~f SO~ of of ea~h fLl~l~ yeaF; mxcmp~ An 8~m~o ~ 3992093. O. ThO ?Xsn oonfo~s to ~ho HousX~g Sienna of the CoXZim~ ~uflty ~prehens~vo PXan. g. ~ho re~emon~a~Lone con~aln~ Xn tho Plan arm ~o and LdL.~ J'.*- Aah~on .... -19- I?F 0 .go 1.7F ,ct' ! n- o 17F 'I. 7F 17F Collier County Local Housing Assistance ?lan FY 200:2, 2003, and 2004 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Collier County (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) (11) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. A process for selection of recipients for funds has been developed. The eligible municipality or county has developed a qualification system for applications for awards. Recipients of funds will be required to contractually commit to program guidelines. The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. COLLIER COUNTY HOUSING AUTHORITY PHA PLAN ~7F ~i Consolidated Plan One:- Year Action Plan FY 2002-2003 Collier County, Florida 84 17F U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plans Annual Plan for Fiscal Year 2002 COLLIER COUNTY HOUSING AUTHORITY NOTE: THIS PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE Pill NOTICES PHA Plan Agency Identification PHA Name: Collier County Housing Authority PHANumber: FL 141 PHA Fiscal Year Beginning: Oct. 1, 2002 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) [] Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 [--] PHA development management offices PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 Display Locations For PHA Plans and Supporting Documents The PHA Plans (including attachments) are available for public inspection at: (select all that apply) [] Main administrative office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 · [--[ PHA development management offices [~ PHA local offices Section 8 Office, 237 Airport Road South, Naples, FL 34104 [--] Main administrative office of the local government [Y~] Main administrative office of the County government [--] Main administrative office of the State government [---] Public library [--'] PHA website [--[ Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) [~ Main business office of the PHA 1800 Farm Worker Way, Immokalee, FL 34142 [~ PHA development management offices [---[ Other (list below) Annual PI-LA Plan PHA Fiscal Year 2002 [24 CFR Part 903.7] i. Annual Plan Type: Select which type of Annual Plan the PHA will submit. [--1 Standard Plan Streamlined Plan: 1-'] High Performing PHA [--1 Small Agency (<250 Public Housing Units) 1~ Administering Section 8 Only [--] Troubled Agency Plan ii. Executive Summary of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] The Collier County Housing Authority continues to administer the Department of Housing and Urban Development Section 8 Rental Assistance Program. The Housing Authority is now in the third year of the five-year plan. There are no substantial changes from last year's plan. iii. Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection. Table of Contents Annual Plan i. Annual Plan Type ii. Executive Summary iii. Table of Contents 1. Housing Needs 2. Financial Resources 3. Policies on Eligibility, Selection and Admissions 4. Rent Determination Policies 5. Operations and Management Policies 6. Grievance Procedures 7. Capital Improvement Needs 8. Demolition and Disposition 9. Designation of Housing 10. Conversions of Public Housing 11. Homeownership 12. Community Service Programs 13. Crime and Safety 14. Pets (Inactive for January 1 PHAs) 15. Civil Rights Certifications (included with PHA Plan Certifications) 16. Audit 17. Asset Management 18. Other Information 19. Attachments Page # 2 2 3 6 12 13 22 26 29 29 31 32 33 34 36 39 41 41 42 42 43 1.7F Attachments Required Attachments: NONE [-'] Admissions Policy for Deconcentration ~-] FY 2000 Capital Fund Program Annual Statement [-'] Most recent board-approved operating budget (Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: [-'] PHA Management Organizational Chart ['-] FY 2000 Capital Fund Program 5 Year Action Plan I--] Public Housing Drug Elimination Program (PHDEP) Plan [--] Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) ['-I Other (List below, providing each attachment name) Supporting Documents Available for Review Indicate which documents are available for public review by placing a mark in the "Applicable & On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PI-IA. List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display XX PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans and Related Regulations XX State/Local Government Certification of Consistency with 5 Year and Annual Plans the Consolidated Plan XX Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. XX Consolidated Plan for the jurisdiction/s in which the PHA is Annual Plan: located (which includes the Analysis of Impediments to Fair Housing Needs Housing Choice (AI))) and any additional backup data to support statement of housing needs in the jurisdiction NA Most recent board-approved operating budget for the public Annual Plan: housing program Financial Resources; NA Public Housing Admissions and (Continued) Occupancy Annual Plan: Eligibility, Policy (A&O), which includes the Tenant Selection and Selection, and Admissions Assignment Plan [TSAP] Policies XX Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display Policies NA Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection, and Admissions 1. PHA board certifications of compliance with Policies deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Documentation of the required deconcentration and income mixing analysis NA Public housing rent determination policies, including the Annual Plan: Rent methodology for setting public housing flat rents Determination [-"] check here if included in the public housing A & O Policy NA Schedule of flat rents offered at each public housing Annual Plan: Rent development Determination r--] check here if included in the public housing A & O Policy XX Section 8 rent determination (payment standard) policies Annual Plan: Rent [~ check here if included in Section 8 Determination Administrative Plan NA Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or and Maintenance eradication of pest infestation (including cockroach infestation) NA Public housing grievance procedures Annual Plan: Grievance [--] check here if included in the public housing Procedures A & O Policy XX Section 8 informal review and hearing procedures Annual Plan: Grievance [~ check here if included in Section 8 Procedures Administrative Plan NA The HUD-approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs Program Annual Statement (HUD 52837) for the active grant year NA Most recent CIAP Budget/Progress Report (HUD 52825) for Annual Plan: Capital Needs any active CIAP grant NA Most recent, approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs Fund/Comprehensive Grant Program, if not included as an attachment (provided at PI-IA option) NA Approved HOPE VI applications or, if more recent, Annual Plan: Capital Needs approved or submitted HOPE VI Revitalization Plans or any other approved proposal for development of public housing NA Approved or submitted applications for demolition and/or Annual Plan: Demolition disposition of public housing and Disposition NA Approved or submitted applications for designation of Annual Plan: Designation of public housing (Designated Housing Plans) Public Housing NA Approved or submitted assessments of reasonable Annual Plan: Conversion of List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display revitalization of public housing and approved or submitted Public Housing conversion plans prepared pursuant to section 202 of the 1996 HUD Appropriations Act NA Approved or submitted public housing homeownership Annual Plan: program~/plans Homeownership NA Policies governing any Section 8 Homeownership program Annual Plan: ~] check here ff included in the Section 8 Homeownership Administrative Plan NA Any cooperative agreement between the PHA and the TANF Annual Plan: Community agency Service & Self-Sufficiency XX FSS Action Plan/s for public housing and/or Section 8 Annual Plan: Community Service & Self-Sufficiency XX Most recent self-sufficiency (ED/SS, TOP or ROSS or other Annual Plan: Community resident services srant) grant program reports Service & Self-Sufficiency NA The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDEP) semi-annual performance report for any open Crime Prevention grant and most recently submitted PHDEP application (PHDEP Plan) XX The most recent fiscal year audit of the PHA conducted Annual Plan: Annual Audit under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), thc results of that audit and thc PHA's response to any findings NA Troubled PHAs: MOA/Recovery Plan Troubled PHAs NA Other supporting documents (optional) (specify as needed) (list individually; usc as many lines as necessary) 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA Based upon the information contained in the Consolidated Plarffs applicable to the jurisdiction, and/or other data available to thc PHA, provide a statement of the housing needs in the jurisdiction by completing the following table. In the "Overall" Needs column, provide the estimated number of renter families that have housing needs. For the remaining characteristics, rate the impact of that factor on the housing needs for each family type, from 1 to 5, with 1 being "no impact" and 5 being "severe impact." Use N/A to indicate that no information is available upon which the PHA can make this assessment. Housing Needs of Families in the Jurisdiction by Family Type Family Type Overall Afford- Supply Quality Accessi Size Location ability bility Income <= 30% 2,576 5 5 4 1 3 3 of AMI Housing Needs of Families in the Jurisdiction by Family Type Family Type O~ll Afford- Supply Quality Acc~ssi Size Location ability bility Income >30% but 2,353 5 5 4 1 4 2 <=50% of AMI Income >50% but 3,975 3 4 2 1 2 2 <80% of AMI Elderly 1,571 3 3 2 2 1 1 Families with Disabilities Race/Ethnicity 1,285 4 4 3 1 2 1 White-Non Hisp. Race/Ethnicity 68 4 4 3 1 3 2 Black-Non Hisp. Race/Ethnicity 212 5 5 4 1 5 2 Hispanic Race/Ethnicity What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) Consolidated Plan of the Jurisdiction/s Indicate year: 1995 U.S. Census data: the Comprehensive Housing Affordability Strategy ("CHAS") dataset American Housing Survey data Indicate year: Other housing market study Indicate year: Other sources: (list and indicate year of information) B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the families on the PHA's waiting list/s. Complete one table for each type of PHA-wide waiting list administered by the PHA. PHAs may provide separate tables for site- based or sub-jurisdictional public housing waiting lists at their option. Housing Needs of Families on the Waiting List 17F Housing Needs of Families on the Waiting List Waiting list type: (select one) [~ Section 8 tenant-based assistance n'-I Public Housing [-] Combined Section 8 and Public Housing F'-] Public Housing Site-Based or sub-jurisdictional waiting list (optional) If used, identify which development/subjurisdiction: # of families % of total families Annual Turnover Waitin8 list total 98 54 Extremely low income <=30% AMI Very low income 79 81% (>30% but <=50% A~n) Low income 47 19% (>50% but <80% Am) Families with 55 56% children Elderly families I Families with 30 31% Disabilities Race/ethnicity White 64 65% Race/ethnicity Black 34 35% Race/ethnicity 30 31% Hispanic Race/ethnicity 68 69% (Non Hispanic) Characteristics by Bedroom Size (Public Housing Oniy) 1BR 51 52% 2 BR 25 26% 3 BR 17 17% 4 BR 5 5% 5 BR 5+ BR Is the waiting list closed (select one)? I I No IX] Yes Applications are taken once per year during the month of December. Housing Needs of Families on the Waiting List If yes: How long has it been closed (# of months)? 12 months Does the PHA expect to reopen the list in the PHA Plan year? [--] No [~Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? [] No [-'1 Yes C. Strategy for Addressing Needs Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list IN THE UPCOMING YEAR, and the Agency's reasons for choosing this strategy. (1) Strategies Need: Shortage of affordable housing for all eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources by: Select all that apply Employ effective maintenance and management policies to minimize the number of public housing units off-line Reduce turnover time for vacated public housing units Reduce time to renovate public housing units Seek replacement of public housing units lost to the inventory through mixed finance development Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources Maintain or increase section 8 lease-up rates by establishing payment standards that will enable families to rent throughout the jurisdiction Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required Maintain or increase section 8 lease-up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration Maintain or increase section 8 lease-up rates by effectively screening Section 8 applicants to increase owner acceptance of program Participate in the Consolidated Plan development process to ensure coordination with broader community strategies Other (list below) Strategy 2: Increase the number of affordable housing units by: Select all that apply I?F ' 1111 [5~] Apply for additional section 8 units should they become available r'-] Leverage affordable housing resources in the community through the creation of mixed - finance housing [~ Pursue housing resources other than public housing or Section 8 tenant-based assistance. [--1 Other: (list below) Need: Specific Family Types: Families at or below 30% of median Strategy 1: Target available assistance to families at or below 30 % of AMI (Not Applicable) Select all that apply Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant-based section 8 assistance Employ admissions preferences aimed at families with economic hardships Adopt rent policies to support and encourage work Other: (list below) Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI (Not Applicable) Select all that apply Employ admissions preferences aimed at families who are working Adopt rent policies to support and encourage work Other: (list below) Need: Specific Family Types: The Elderly Strategy 1: Target available assistance to the elderly: Select all that apply Seek designation of public housing for the elderly Apply for special-purpose vouchers targeted to the elderly, should they become available Other: (list below) Need: Specific Family Types: Families with Disabilities Seek designation of public housing for families with disabilities Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing Apply for special-purpose vouchers targeted to families with disabilities, should they become available Affirmatively market to local non-profit agencies that assist families with disabilities Other: (list below) Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethnicities with disproportionate needs: Select if applicable Affirmatively market to races/ethnicities shown to have disproportionate housing needs Other: (list below) Strategy 2: Conduct activities to affirmatively further fair housing Select all that apply Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units Market the section 8 program to owners outside of areas of poverty/minority concentrations Other: (list below) Other Housing Needs & Strategies: (list needs and strategies below) (2} Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: Funding constraints Staffing constraints Limited availability of sites for assisted housing Extent to which particular housing needs are met by other organizations in the community Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA Influence of the housing market on PHA programs Community priorities regarding housing assistance Results of consultation with local or state government Results of consultation with residents and the Resident Advisory Board Results of consultation with advocacy groups Other: (list below) 2_. Statement of Financial Resources [24 CFR Part 903.7 9 Co)] List the financial resources that are anticipated to be available to the PHA for the support of Federal public housing and tenant-based Section 8 assistance programs administered by the PI-IA during the Plan year. Note: the table assumes that Federal public housing or tenant based Section 8 assistance gram funds are expended on eligible purposes; therefore, uses of these funds need not be stated. For other funds, indicate the use for those funds as one of the following categories: public housing operations, public housing capital improvements, public housing safety/security, public housing supportive services, Section 8 tenant-based assistance, Section 8 supportive services or other. Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 1. Federal Grants (FY 2000 grants) a) Public Housing Operating Fund b) Public Housing Capital Fund c) HOPE VI Revitalization d) HOPE VI Demolition e) Annual Contributions for Section $3,045,746(Vouchers) 8 Tenant-Based Assistance $15,600 (Mod Rehab) f') Public Housing Drug Elimination Program (including any Technical Assistance funds) g) Resident Opportunity and Self- Sufficiency Grants h) Community Development Block Grant i) HOME Other Federal Grants (list below) 2. Prior Year Federal Grants (unobligated funds only) (list below) Family Self Sufficiency Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses 3. Public Housing Dwelling Rental Income 4. Other income (list below) 4. Non-federal sources (list below) Total resources $3,061,346 3. PHA Policies Governine Eiiuibilitv, Selection, and Admissions [24 CFR Part 903.7 9 (c)] A. Public Housing NOT APPLICABLE Exemptions: PHAs that do not administer public housing arc not required to complete subcomponcnt 3A. (1) Eligibility a. When does the PHA verify eligibility for admission to public housing? (select all that apply) ['"] When families are within a certain number of being offered a unit: (state number) [--] When families are within a certain time of being offered a unit: (state time) I'-] Other: (describe) b. Which non-income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? [--] Criminal or Drug-related activity [-"J Rental history I--] Housekeeping [] Other (describe) c. I'-] Yes [--] No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? d. ~] Yes [-"] No: e. ['--] Yes [-] No: 17F Does the PHA request criminal records from State law enforcement agencies for screening purposes? Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) (2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) [-'-] Community-wide list [-] Sub-jurisdictional lists [--] Site-based waiting lists [---] Other (describe) b. Where may interested persons apply for admission to public housing? [~] PHA main administrative office [--] PHA development site management office [~] Other (list below) c. If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How many site-based waiting lists will the PHA operate in the coming year? 2.[-] Yes~] No: Are any or all of the PHA's site-based waiting lists new for the upcoming year (that is, they are not part of a previously-HUD- approved site based waiting list plan)? If yes, how many lists? 3. [---] Yes [--] No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site-based waiting lists (select all that apply)? PHA main administrative office All PHA development management offices Management offices at developments with site-based waiting lists At the development to which they would like to apply Other (list below) (3) Assignment a. How many vacant unit choices are applicants ordinarily given before they fall to the bottom of or are removed from the waiting list? (select one) [---] One ['--j Two [--j Three or More b. ~'~ Yes [---I No: Is this policy consistent across all waiting list types? c. If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: (4) Admissions Preferences a. Income targeting: [] Yes [--] No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) Emergencies Overhoused Underhoused Medical justification Administrative reasons determined by the PHA (e.g., to permit modernization work) Resident choice: (state circumstances below) Other: (list below) c. Preferences 1. [~] Yes [~] No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If"no" is selected, skip to subsection (5) Occupancy) Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply fi'om either former Federal preferences or other preferences) Former Federal preferences: [~] Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden (rent is > 50 percent of income) 17F Other preferences: (select below) r-] Working families and those unable to work because of age or disability [--] Veterans and veterans' families [-] Residents who live and/or work in the jurisdiction ['-] Those enrolled currently in educational, training, or upward mobility programs [-] Households that contribute to meeting income goals (broad range of incomes) [-'] Households that contribute to meeting income requirements (targeting) [---] Those previously enrolled in educational, training, or upward mobility programs [--] Victims of reprisals or hate crimes [-'] Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. Date and Time Former Federal preferences: Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) [--] Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in the jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 4. Relationship of preferences to income targeting requirements: [~ The PHA applies preferences within income tiers {17F Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) [---] The PHA-resident lease [--] The PHA's Admissions and (Continued) Occupancy policy [-'] PHA briefing seminars or written materials [--] Other source (list) b. How often must residents notify the PHA of changes in family composition? (select all that apply) [-"-] At an annual reexamination and lease renewal [-'-] Any time family composition changes [--'] At family request for revision [-3 Other (list) (6) Deconcentration and Income Mixing Yes [-"] No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or income mixing? b. [--] Yes [-~ No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) [--[ Adoption of site-based waiting lists If selected, list targeted developments below: Employing waiting list "skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: Employing new admission preferences at targeted developments If selected, list targeted developments below: [--] Other (list policies and developments targeted below) d. [--1 Yes [--] No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) Additional affirmative marketing Actions to improve the marketability of certain developments Adoption or adjustment of ceiling rents for certain developments Adoption of rent incentives to encourage deconcentration of poverty and income-mixing Other (list below) f. Based on the results of the required analysis, in which developmems will the PHA make special efforts to attract or retain higher-income families? (select all that apply) [--] Not applicable: results of analysis did not indicate a need for such efforts [--] List (any applicable) developments below: g. Based on the results of the required analysis, in which developmems will the PHA make special efforts to assure access for lower-income families? (select all that apply) ['--1 Not applicable: results of analysis did not indicate a need for such efforts [--] List (any applicable) developmems below: 17F B. Section 8 Exemptions: PHAs that cio not administer section 8 arc not required to complete sub-component SB. Unless otherwise specified, all questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). a. What is the extent of screening conducted by the PHA? (select all that apply) [~ Criminal or drug-related activity only to the extent required by law or regulation [-'] Criminal and drug-related activity, more extensively than required by law or regulation ['--] More general screening than criminal and drug-related activity (list factors below) 1-~ Other (list below) b. I---] Yes [~ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? c. [--] Yes [] No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? d. I--] Yes [~ No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all that apply) Criminal or drug-related activity (Only to the extent this information is adequately documented and known by the CCItA, and only upon request of the landlord) [-'-[ Other (describe below) (2) Waiting List Organization a. With which of the following program waiting lists is the section 8 tenant-based assistance waiting list merged? (select all that apply) None Federal public housing Federal moderate rehabilitation Federal project-based certificate program Other federal or local program (list below) b. Where may interested persons apply for admission to section 8 tenant-based assistance? (select all that apply) [~ PHA main administrative office Other (fist below) Section 8 Office 237 Airport Road South Naples, Florida 34104 (3) Search Time a. [~ Yes ['-] No: Does the PHA give extensions on standard 60-day period to search for a unit? If yes, state circumstances below: The housing authority gives two additional 30-day extensions for families who request it and show they have been actively looking. (4) Admissions Preferences a. Income targeting Yes [5(] No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. [--] Yes [5~] No: Has the PHA established preferences for admission to section 8 tenant-based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) None Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden (rent is > 50 percent of income) Other preferences (select all that apply) Working families and those unable to work because of age or disability Veterans and veterans' families Residents who five and/or work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 3. If the PHA will employ admissions preferences, please prioritize by placing a "1" in the space that represents your first priority, a "2" in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1" more than once, "2" more than once, etc. 1 Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) [--"] Working families and those unable to work because of age or disability Veterans and veterans' families Residents who live and/or work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility programs Victims of reprisals or hate crimes Other preference(s) (list below) 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) [~ Date and time of application [--] Drawing (lottery) or other random choice technique 5. If the PHA plans to employ preferences for "residents who live and/or work in the jurisdiction" (select one) [---1 This preference has previously been reviewed and approved by HUD I-'] The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) [-'] The PHA applies preferences within income tiers Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements Special Purpose Section 8 Assistance Proerams a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special-purpose section 8 program administered by the PHA contained? (select all that apply) [~] The Section 8 Administrative Plan [~ Briefing sessions and written materials [--1 Other (list below) b. How does the PHA announce the availability of any special-purpose section 8 programs to the public? Through published notices [] Other (list below) 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)l A. Public Housing NOT APPLICABLE Exemptions: PHAs that do not administer public housing are not required to complete sub-component 4A. (1) Income Based Rent Policies Describe the PHA's income based rent setting policy/ies for public housing using, including discretionary (that is, not required by statute or regulation) income disregards and exclusions, in the appropriate spaces below. a. Use of discretionary policies: (select one) The PHA will not employ any discretionary rent-setting policies for income based rent in public housing. Income-based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub-component (2)) 17F The PHA employs discretionary policies for determining income based rem (If selected, continue to question b.) b. Minimum Rem 1. What amount best reflects the PHA's minimum rem? (select one) [Z] $0 [] $]425 [--] $26-$50 2. [~[ Yes [~] No: Has the PHA adopted any discretionary minimum rem hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rems set at less than 30% than adjusted income 1. [--] Yes [-] No: Does the PHA plan to charge rems at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percemages charged and the circumstances under which these will be used below: d. Which of the discretionary (optional) deductions and/or exclusions policies does the PHA plan to employ (select all that apply) For the earned income of a previously unemployed household member For increases in earned income Fixed amount (other than general rent-setting policy) If yes, state amount/s and circumstances below: Fixed percemage (other than general rem-setting policy) If yes, state percemage/s and circumstances below: [-] For household heads [---] For other family members [---] For transportation expenses [--] For the non-reimbursed medical expenses of non-disabled or non-elderly families [--] Other (describe below) 17F e. Ceiling rents 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) Yes for all developments Yes but only for some developments No 2. For which kinds of developments are ceiling rents in place? (select all that apply) [--] For all developments [-1 For all general occupancy developments (not elderly or disabled or elderly only) [-'l For specified general occupancy developments [-'[ For certain parts of developments; e.g., the high-rise portion [--] For certain size units; e.g., larger bedroom sizes ~-] Other (list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) Market comparability study Fair market rents (FMR) 95th percentile rents 75 percent of operating costs 100 percent of operating costs for general occupancy (family) developments Operating costs plus debt service The "rental value" of the unit Other (list below) f. Rent re-determinations: 1. Between income reexaminations, how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) [] Never [--'[ At family option [--] Any time the family experiences an income increase I--] Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold)__ [--] Other (list below) 17F g. [-] Yes ~-I No: Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? (2) Fiat Rents 1. In setting the market-based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) [--1 The section 8 rent reasonableness study of comparable housing [~] Survey of rents listed in local newspaper [-'] Survey of similar unassisted units in the neighborhood [--'] Other (list/describe below) B. Section 8 Tenant-Based Assistance Exemptions: PHAs that do not administer Section 8 tenant-based assistance are not required to complete sub-component 4B. Unless otherwise specified, all questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). (1) Payment Standards Describe the voucher payment standards and policies. a. What is the PHA's payment standard? (select the category that best describes your standard) [--] At or above 90% but belowl00% of FMR [5~] 100% of FMR [-] Above 100% but at or below 110% of FMR ["-] Above 110% of FMR (if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR, why has the PHA selected this standard? (select all that apply) NOT APPLICABLE [---] FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area The PHA has chosen to serve additional families by lowering the payment standard Reflects market or submarket Other (list below) c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) NOT APPLICABLE ['-] FMRs are not adequate to ensure success among assisted families in the PHA's segment of the FMR area Reflects market or submarket To increase housing options for families Other (list below) d. How often are payment standards reevaluated for adequacy? (select one) [] Annually 1--] Other (list below) e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) [~ Success rates of assisted families [~ Rent burdens of assisted families I-"-[ Other (list below) (2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) $0 [--I $1-$25 [--] $26-$50 b. [--[ Yes [5~] No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5. Operations and Management [24 CFR Part 903.7 9 (e)] Exemptions from Component 5: High performing and small PHAs are not required to complete this section. Section 8 only PHAs must complete parts A, B, and C(2) A. PHA Management Structure Describe the PHA's management structure and organization. (select one) I-'l An organization chart showing the PHA's management structure and organization is attached. A brief description of the management structure and organization of the PHA follows: CCHA Board of Commissioners Executive Director Occ. Specialist Resident Mgr. Maint. Worker I Maint. Worker Inspector Director of Administration Receivable Coordinator I Section 8 Coordinator Maint. Worker Asst. Sec. 8 Coord. [ Interviewer 4 Maint. Worker 17F B. HUD Programs Under PHA Management List Federal programs administered by the PHA, number of families served at the beginning of the upcoming fiscal year, and expected turnover in each. (Usc "NA" to indicate that the PHA does not ate any of the pro,ams listed below.) Program Name Units or Families Expected Served at Year Turnover Beginning Public Housin~ Section 8 Vouchers 429 54 Section 8 Certificates Section 8 Mod Rehab 4 1 Special Purpose Section 8 Certificates/Vouchers (list individually) Public Housing Drug Elimination Program (PI-tDEP) Other Federal Programs(list individually) Farmers Home Admin 641 91 C. Management and Maintenance Policies List the PHA's public housing management and maintenance policy documents, manuals and handbooks that contain the Agency's rules, standards, and policies that govern maintenance and management of public housing, including a description of any measures necessary for the prevention or eradication of pest infestation (which includes cockroach infestation) and the policies governing Section 8 management. (1) Public Housing Maintenance and Management: (list below) NOT APPLICABLE Section 8 Management: (list below) Section 8 Administrative Plan HAP Contract Briefing Materials 17F 6. PHA Grievance Procedures [24 CFR Part 903.7 9 (f)] Exemptions from component 6: High performing PHAs are not required to complete component 6. Section 8-Only PHAs are exempt from mb-component 6A. A. Public Housing NOT APPLICABLE 1. [-] Yes [--] No: Has the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PHA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) ['-] PHA main administrative office ['-] PHA development management offices [--I Other (list below) B. Section 8 Tenant-Based Assistance 1. [--] Yes [] No: Has the PHA established informal review procedures for applicants to the Section 8 tenant-based assistance program and informal hearing procedures for families assisted by the Section 8 tenant- based assistance program in addition to federal requirements found at 24 CFR 982? If yes, list additions to federal requirements below: 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) 15~ PHA Main Office (1800 Farm Worker Way, Immokalee, FL) [] Other (list below): PHA Section 8 office located at 237 Airport Road South, Naples, FL 7. Capital Improvement Needs NOT APPLICABLE [24 CFR Part 903.7 9 (g)l Exemptions from Component 7: Section 8 only PHAs are not required to complete this component and may skip to Component 8. A. Capital Fund Activities Exemptions from sub-component 7A: PHAs that will not participate in the Capital Fund Program may skip to component 713. All other PHAs must complete 7A as instructed. 17F (1) Capital Fund Program Annual Statement Using parts I, II, and III of the Annual Statement for the Capital Fund Program (CFP), identify capital activities the PHA is proposing for the upcoming year to ensure long-term physical and social viability of its public housing developments. This statement can be completed by using the CFP Annual Statement tables provided in the table library at the end of the PHA Plan template OR, at the PHA's option, by completing and attaching a properly updated HUD-52837. Select one: [--] The Capital Fund Program Annual Statement is provided as an attachment to the PHA Plan at Attachment (state name) -or- The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) (2) Optional 5-Year Action Plan Agencies are encouraged to include a 5-Year Action Plan covering capital work items. This statement can be completed by using the 5 Year Action Plan table provided in the table library at the end of the PHA Plan template OR by completing and attaching a properly updated HUD-52834. a. [--'] Yes [--1 No: Is the PHA providing an optional 5-Year Action Plan for the Capital Fund? (if no, skip to sub-component 7B) b. If yes to question a, select one: ['-] The Capital Fund Program 5-Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- The Capital Fund Program 5-Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non-Capital Fund) Applicability of sub-component 7B: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. [--] Yes [--] No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) 17F 1. Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) Revitalization Plan under development Revitalization Plan submitted, pending approval Revitalization Plan approved Activities pursuant to an approved Revitalization Plan underway [-'] Yes I--] No: c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name/s below: [--I Yes [-'1 No: d) Will the PHA be engaging in any mixed-finance development activities for public housing in the Plan year? If yes, list developments or activities below: [-'] Yes 1--] No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 8__. Demolition and Disposition NOT APPLICABLE [24 CFR Part 903.7 9 (h)] Applicability of component 8: Section 8 only PHAs are not required to complete this section. 1. [--1 Yes [--] No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If'~No", skip to component 9; if "yes", complete one activity description for each development.) 2. Activity Description [~] Yes [--] No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If "yes", skip to component 9. If"No", complete the Activity Description table below.) Demolition/Disposition Activity Description 1 a. Development name: lb. Development (project) number: 2. Activity type: Demolition Disposition 3. Application status (select one) Approved [~] Submitted, pending approval Planned application [-'-] 4. Date application approved, submitted, or planned for submission: 5. Number of units affected: 6. Coverage of action (select one) [-] Part of the development [--] Total development Timeline for activity: a. Actual or projected start date of activity: b. Projected end date of activity: 9_. Designation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderly Families and Families with Disabilities NOT APPLICABLE [24 CFR Part 903.7 9 (i)] Exemptions from Component 9; Section 8 only PHAs are not required to complete this section. 1. [--1 Yes ~] No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C 1437e) in the upcoming fiscal year? (If'~qo", skip to component 10. If"yes", complete one activity description for each development, unless the PHA is eligible to complete a streamlined submission; PHAs completing streamlined submissions may skip to component 10.) 2. Activity Description [--] Yes [--] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If'Syes", skip to component 10. If 'No", complete the Activity Description table below. Designation of Public Housing Activity Description la. Development name: lb. Development (project) number: 2. Designation type: Occupancy by only the elderly [--] Occupancy by families with disabilities Occupancy by only elderly families and families with disabilities [~] 3. Application status (select one) Approved; included in the PHA's Designation Plan [--] Submitted, pending approval Planned application [--] 4. Date this designation approved, submitted, or planned for submission: (DD/MM/YY) 5. If approved, will this designation constitute a (select one) [--[ New Designation Plan ~] Revision of a previously-approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) [--I Part of the development ~[ Total development 10. Conversion of Public Housing to Tenant-Based Assistance NOT APPLICABLE [24 CFR Part 903.7 9 (j)] Exemptions from Component 10; Section 8 only PHAs are not required to complete this section. A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. [-"[ Yes [---1 No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If"No", skip to component 11; if"yes", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11 .) 2. Activity Description [--] Yes [] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If"yes", skip to component 11. If ''No", complete the Activity Description table below. Conversion of Public Housing Activity Description 1 a. Development name: lb. Development (project) number: 2. What is the status of the required assessment? [--] Assessment underway [--] Assessment results submitted to HUD 17F [--] Assessment results approved by HUD (if marked, proceed to next question) [--1 Other (explain below) 3. [--1 Yes [~] No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) status) Status of Conversion Plan (select the statement that best describes the current Conversion Plan in development Conversion Plan submitted to HUD on: (DD/MMiYYYY) Conversion Plan approved by HUD on: (DD/M1WYYYY) Activities pursuant to HUD-approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) [--] Units addressed in a pending or approved demolition application (date submitted or approved: [-'] Units addressed in a pending or approved HOPE VI demolition application (date submitted or approved: ) [-'] Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) [--] Requirements no longer applicable: vacancy rates are less than 10 percent [~] Requirements no longer applicable: site now has less than 300 units [--] Other: (describe below) B. Reserved for Conversions pursuantto Section 22 ofthe U.S. Housing Act of 1937 C. Reserved for Conversions pursuantto Section 33 ofthe U.S. Housing Act of 1937 11. Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] A. Public Housing NOT APPLICABLE Exemptions from Component 1 lA: Section 8 only PHAs are not required to complete 1 lA. 1. [--] Yes [~] No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 1437z-4). (If"No", skip to component 1 lB; if"yes", complete one activity description for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 1 lB.) Activity Description Yes [--] No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If"yes", skip to component 12. If "No", complete the Activity Description table below.) Public Housing Homeownership Activity Description (Complete one for each development affected) 1 a. Development name: 1 b. Development (project) number: 2. Federal Program authority: [--[ HOPE I [--] 5(h) [--] Turnkey III [--] Section 32 of the USHA of 1937 (effective 10/1/99) 3. Application status: (select one) [-] Approved; included in the PHA's Homeownership Plan/Program [--] Submitted, pending approval [--] Planned application 4. Date Homeownership Plan/Program approved, submitted, or planned for submission: (DD/MM/YYYY) 5. Number of units affected: 6. Coverage of action: (select one) ['-] Part of the development [-] Total development B. Section 8 Tenant Based Assistance 1. [-] Yes [5~ No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If"No", skip to component 12; if"yes", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PItAs may skip to component 12.) 2. Program Description: a. Size of Program [--[ Yes [-I No: Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, which statement best describes the number of participants? (select one) ["-] 25 or fewer participants [-] 26 - 50 participants ['-I 51 to 100 participants [--] more than 100 participants b. PHA-established eligibility criteria NOT APPLICABLE I--'] Yes [-] No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12. PHA CommuniW Service and Self-sufficiency Programs [24 CFR Part 903.7 9 (1)] Exemptions from Component 12: High performing and small PHAs are not required to complete this component. Section 8-Only PHAs are not required to complete sub-component C. PHA Coordination with the Welfare (TANF) Agency Cooperative agreements: Yes [~ No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)7 If yes, what was the date that agreement was signed? DD/MM/YY 2, Other coordination efforts between the PHA and TANF agency (select all that apply) [5~ Client referrals [5~ Information sharing regarding mutual clients (for rent determinations and otherwise) [5~ Coordinate the provision of specific social and self-sufficiency services and programs to eligible families I---[ Jointly administer programs [-'] Partner to administer a HUD Welfare-to-Work voucher program [--] Joint administration of other demonstration program [--] Other (describe) B. Services and programs offered to residents and participants !7F (1) General a. Self-Sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self-sufficiency of assisted families in the following areas? (select all that apply) Public housing rent determination policies Public housing admissions policies Section 8 admissions policies Preference in admission to section 8 for certain public housing families Preferences for families working or engaging in training or education programs for non-housing programs operated or coordinated by the PHA Preference/eligibility for public housing homeownership option participation Preference/eligibility for section 8 homeownership option participation Other policies (list below) b. Economic and Social self-sufficiency programs Yes ['--[ No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self- sufficiency of residents? (If"yes", complete the following table; if"no" skip to sub-component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) Services and Programs Program Name & Description Estimated Allocation Access Eligibility (including location, if Size Method (development office / (public housing or appropriate) (waiting PHA main office / section 8 SEE INFORMATION ON Tile list/random other provider name) participants or FSS PROGRAM BELOW selection/specific both) criteria/other) Job Training Limited Random - Work Force Council Open Poverty Income Guidelines Vocational Rehabilitation Unlimited Disability State of Florida Open Welfare Assistance Unlimited Random - Dept. Children & Open Poverty Family Guidelines Financial Counseling Random Consumer Credit Open Counseling of SW Florida Affordable Childcare Limited Waiting List Childcare of SW Open Florida Presnancy Prevention Unlimited Random Planned Parenthood Open Supportive Services and Referral Unlimited Random Collier County Social Open Services Adult Literacy Unlimited Random Adult Comm. Open Education Enrichment and Esteem Building Limited Random - Prefer American Assoc. Univ. Open Winners Women Symposium Participants Vocational Education and Job Unlimited Random Lorenzo Walker VO- Open Skills Training TECH Vocational Education and Job Unlimited Random - Edison Community Open HS/GED min. College Skills Training criteria Cash Assistance, Food Stamps, Unlimited State of Florida Wages Open Medicaid Family Counseling Unlimited Random First Assembly of God Open (counseling) Education Unlimited Random University of Florida - open Ext. Service Legal Advice and Representation Unlimited Selection Criteria Legal Aid Society of Open - Issues SW Florida pertaining to child custody, child support, and divorce. 17F (2) Family Self Sufficiency pro~ram/s Participation Description Program Public Housing Section 8 Family Self Sufficiency (FSS) Participation Required Number of Participants Actual Number of Participants (start of FY 2000 Estimate) (As of: 8/30/02) 25 2 Yes [--1 No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: Welfare Benefit Reductions The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 193 7 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) [--] Adopting appropriate changes to the PHA's public housing rent determination policies and train staff.to carry out those policies [~ Informing residents of new policy on admission and reexamination [--] Actively notifying residents of new policy at times in addition to admission and reexamination. D Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services [~ Establishing a protocol for exchange of information with all appropriate TANF agencies ~1 Other: (list below) D. Reserved for Community Service Requirement pursuant to section 12(c) of I the U.S. Housing Act of 1937 I NOT APPLICABLE 13. PI-LA Safety, and Crime Prevention Measures NOT APPLICABLE [24 CFR Part 903.7 9 (m)] Exemptions from Component 13: High performing and small PHAs not participating in PHDEP and Section 8 Only PHAs may skip to component 15. High Performing and small PHAs that are participating in PHDEP and are submitting a PHDEP Plan with this PHA Plan may skip to sub- component D. A. Need for measures to ensure the safety of public housing residents 17F 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) [--] High incidence of violent and/or drug-related crime in some or all of the PHA's developments High incidence of violent and/or drug-related crime in the areas surrounding or adjacent to the PHA's developments Residents fearful for their safety and/or the safety of their children Observed lower-level crime, vandalism and/or graffiti People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and/or drug-related crime Other (describe below) 2. What information or data did the PHA used to determine the need for PHA actions to improve safety of residents (select all that apply). Safety and security survey of residents Analysis of crime statistics over time for crimes committed "in and around" public housing authority Analysis of cost trends over time for repair of vandalism and removal of graffiti Resident reports PHA employee reports Police reports Demonstrable, quantifiable success with previous or ongoing anticrime/anti drug programs Other (describe below) 3. Which developments are most affected? (list below) B. Crime and Drug Prevention activities the PHA has undertaken or plans to undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all that apply) [---[ Contracting with outside and/or resident organizations for the provision of crime- and/or drug-prevention activities Crime Prevention Through Environmental Design Activities targeted to at-risk youth, adults, or seniors Volunteer Resident Patrol/Block Watchers Program Other (describe below) 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 17F 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) Police involvement in development, implementation, and/or ongoing evaluation of drug-elimination plan Police provide crime data to housing authority stafffor analysis and action Police have established a physical presence on housing authority property (e.g., community policing office, officer in residence) Police regularly testify in and otherwise support eviction cases Police regularly meet with the PHA management and residents Agreement between PHA and local law enforcement agency for provision of above-baseline law enforcement services Other activities (list below) 2. Which developments are most affected? (list below) D. Additional information as required by PHDEP/PHDEP Plan PHAs eligible for FY 2000 PHDEP funds must provide a PHDEP Plan meeting specified requirements prior to receipt of PHDEP funds. Yes Yes [--1 Yes No: Is the PHA eligible to participate in the PHDEP in the fiscal year covered by this PHA Plan? No: Has the PHA included the PHDEP Plan for FY 2000 in this PHA Plan? No: This PHDEP Plan is an Attachment. (Attachment Filename: __) 114. RESERVED FOR PET POLICY [24 CFR Part 903.7 9 (n)] NOT APPLICABLE 15. Civil Rights Certifications [24 CFR Part 903.7 9 (o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 17F 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. [~ Yes ]--] 2.Yes 3. Yes [--1 4.[-] Yes 5. 3 Yes[] No: Is the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) No: Was the most recent fiscal audit submitted to HUD? FYE 9/30/2001 No: Were there any findings as the result of that audit? No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? No: Have responses to any unresolved findings been submitted to HUD? NOT APPLICABLE If not, when are they due (state below)? 17. PHA Asset Management NOT APPLICABLE [24 CFR Part 903.7 9 (q)] Exemptions from component 17: Section 8 Only PHAs are not required to complete this component. High performing and small PHAs are not required to complete this component. 1. [~] Yes [] No: Is the PHA engaging in any activities that will contribute to the long-term asset management of its public housing stock, including how the Agency will plan for long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that apply) [-1 Not applicable [--] Private management [-'-] Development-based accounting I---] Comprehensive stock assessment [--] Other: (list below) 3. [--] Yes [~] No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 17F 18. Other Information [24 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. [~ Yes [--]No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? 2. If yes, the comments are: (if comments were received, the PHA MUST select one) [---] Attached at Attachment (File name) [~ Provided below: RESIDENT AD VISOR Y COMMITTEE MINUTES The Resident Advisory Committee meeting met Tuesday, August 20, 2002 at 3:00p. m. at the offices of the Collier County Housing Authority, 237 Airport Road, Naples, Florida. Members present: Jackie Jean Claribel Serrano Staff present: Angela Edison, Section 8 Coordinator A review and discussion on the agency's secondyear of activities was done. Members discussed whether the Housing Authority achieved the goals and objectives outlined during thesecond year and then made the following recommendations: · They would like to see us increase our Voucher Program. Also implement a Section 8 Homeownership Program. The next step would be taking the plan to the Board of Commissioners for their approval. Meeting adjourned at 5:00 p.m. 3. In what manner did the PHA address those comments? (select all that apply) [--] Considered comments, but determined that no changes to the PHA Plan were necessary. [--1 The PHA changed portions of the PHA Plan in response to comments List changes below: [~] Other: (list below) Ail provisions outlined in the second year remained the same, however the comment made by the Resident Advisory Board, regarding a Home Ownership Program is a program that we will be investigating in the near future. B. Description of Election process for Residents on the PHA Board 1. [--] Yes [5;~] No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 19377 (If no, continue to question 2; if yes, skip to sub-component C.) 2. [--] Yes E~ No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process NOT APPLICABLE - The Resident Commissioner is appointed by the Governor of the State of Florida. In the early 1980's housing authorities were required by state law to have a resident commissioner on their board. The Collier County Housing Authority is govemed by a five member Board of Commissioners. The Board is appointed by the Govemor to four-year staggered terms and ratified by the Board of County Commissioners. The Housing Authority has had a Resident Commissioner on their Board since pre 1982. Currently the Resident Commissioner is Gertrude Townsend, whose term is January 17, 2001 to November 4, 2004. a. Nomination of candidates for place on the ballot: (select all that apply) Candidates were nominated by resident and assisted family organizations Candidates could be nominated by any adult recipient of PHA assistance Self-nomination: Candidates registered with the PHA and requested a place on ballot Other: (describe) b. Eligible candidates: (select one) [---1 Any recipient of PHA assistance [--] Any head of household receiving PHA assistance [--] Any adult recipient of PHA assistance [--] Any adult member of a resident or assisted family organization [--] Other (list) c. Eligible voters: (select all that apply) [--] All adult recipients of PHA assistance (public housing and section 8 tenant- based assistance) [--I Representatives of all PHA resident and assisted family organizations [---1 Other (list) C. Statement of Consistency with the Consolidated Plan For each applicable Consolidated Plan, make the following statement (copy questions as many times as necessary). 1. Consolidated Plan jurisdiction: (provide name here) COLLIER COUNTY 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) r-1 The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plan/s. The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) r--] Other: (list below) 3. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) a. Financial support for the expansion of affordable housing opportunities b. Assessment of the housing and service needs of Migrant Farm Workers c. Emphasis on economic self-sufficiency for lower income residents D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. 1. Deviations From and Modifications To the Agency Plan The Agency Plan is a living document that shall serve to guide CCI-IA operations and resource management. In the event that circumstances or priorities necessitate actions that would represent a substantial departure from the goals, objectives, timetables or policies as set forth in the plan, the CCHA will invite resident review and input prior to taking actions that would implement such substantial changes. Development of subsequent Am~ual Plans shall be the vehicle through which updates and minor or routine modifications to the Agency Plan are made. On an annual basis the CCHA will review its progress toward the achievement of its goals and objectives as set forth in the Agency Plan. It will also evaluate whether the remaining goals and objectives, and the existing policies and procedures, adequately address the needs of its constituents, stakeholders and the agency. To the extent that those needs are not met by the elements of the existing Agency Plan, the subsequent Annual Plan shall be written to reflect changes to goals, objectives, policies and procedures to address those needs. In the event that the elements of the subsequent annual plan represent a significant departure fi.om those of the existing Agency Plan, a Significant Amendment or Modification to the Agency Plan will be undertaken. Under these circumstances, a participatory planning process will be used to obtain resident input. A draft of the substantially modified Agency Plan will be subject to the public review, comment, and hearing process. The CCHA will honor the current HUD definition of Substantial Deviation and Significant Amendment that applies to it: 1. Changes to rent or admissions policies or organization of the waiting list An exception to this definition will be made if modifications are required solely to reflect changes in HUD regulatory requirements. In that case, such changes will not be considered significant amendments by the CCI-IA. 19. Attachments Use this section to provide any additional attachments referenced in the Plans. A. Progress Report on 5-Year Plban Mission and Goals Consistent with HUD's strategic goals the Collier County Housing Authority undertook the following key activities: Affordable Housing Key activities to be undertaken include the formation of partnerships and identification of funding sources and affordable housing options. · HUD notices of funding availability. · Tax credit properties. · Standard & Poor rating so that we can pursue non-traditional sources of funding throughout the financial community. Equal Housing Opportunity Activities will focus on outreach to potential Section 8 Landlords. · Active participation on the Workforce Housing Advisory Committee. · Member of the Homeless Coalition. · Member of the HALO Coalition. · Renewed our membership with the Naples Apartment Association and have designated a member of our staff to represent the agency. · Updated and put together information sheet for owners on the Section 8 Program and are providing one-on-one consultations with potential landlords. Self-Sufficiency Activities will focus on revitalizing the Section 8 Family Self-Sufficiency Program. Policies to be implemented will include a Section 8 admissions preference for families that are working. Reorganizing the Family Self-Sufficiency Program. Have updated the administrative plan, which will implement new policies and procedures. Quality of Life Second year activities will continue to include staff training. · As training opportunities become available, staff is identified based on who will most benefit from the training. · The updated administrative plan will also serve as a procedural manual. B. Resident Advisory Board Members Gertrude Townsend (Resident Commissioner) 1200 Applemint Lane Immokalee, FL 34142 Dolly McSwain 529 Oakhaven Circle, #104 Immokalee, FL 34142 Claribel Serrano 245 Manor Blvd. #1802 Naples, FL 34104 Jackie Jean 155 Manor Blvd., ~601 Naples, FL 34104 AFFIDAVITS OF PUBLICATIONS FOR PUBLIC HEARINGS Consolidated Plan One-Year Action Plan FY 2002-2003 Collier Co~mty, Florida 85 17F .P.O. Box 518 'LaBelle, FL 33975 Affidavit of Publ? Cation State of Florida · County ~f Hendry' _Collier County Housing and Urban DeveloPment I hereby certify that a __Citizen Participation-Plar~.-legal ad was Placed the Immokalee Bulletin on 'september 26, 2002 Linda Jo. CoombS: .#¢C 867472 Date ..,~'.o,, Lincla Jo'CoombS ' ¢r~r ~ Itt'y::Com mis sioh':CCaS?472 ~,,, ~...- Exp res August::30, 2003 NAPLES DAILY NE~S'~ Published Daily Naples, FL 34102 Affidavit of Publication State of Florida CourtW of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on September 26, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fi;Tn or corporation any discount, rebate, commission or refund for ~e purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me /7ffT~I.2th day of September, 2002 ,/Signature 0f ~totar37p'uf>iic) ' - o~' ~ Donna ~c.~ ~ My C;omm~ss~on DOO~33e 17F I~QUAL HOUSING OPPORTUNITY Citizen ParticiPation - Consolidated Plan Development Process 17F COLLIER COUNTY, FLORIDA 'Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development- (HUD). The CP is a document, which is used to guide housing programs and non-hOusing community planning for fiscal year 2003-2004. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very Iow, Iow, and moderate- income persons. The' One-Year Action plan will be used to determine expenditures on program projects for fiscal year 2003-2004. Anticipated Yearly Grant: Approximately $2,700,000 Eligible Activities: acquisition of real property; acquisition, construction, rehabilitation or installation of public facilities'-'and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and facilities in aCcordance with 24 CFR §. 570. Approximately 100%'of the total allocation will benefit Iow and moderate-income persons. Citizen Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing and community development needs including priority non-housing community development needs for the purpo, se of develOping a Consolidated Plan for FY 2003-2004. The hearing will be held at two locations: Monday, October 14, 2002 at 6:00 p.m. - Immokalee Community Center 321 N. 1st Street Immokalee, FL Wednesday, October 16, 2002 at 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL Monday, October 28, 2002 at 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Public WorkshoPs: Them will be 'two public workshops offering technical assistance by County staff to answer queStions potential applicants may have about the CDBG application. The workshops will be held at two locations: Wednesday, October 30, 2002 at 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. A Spanish-speaking interpreter wi//be availab/e at both meetings. NAPLES DAILY NE~o Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appea~ed B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time(s) in the issue on September 26, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Colli,er County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Sig~nature of affiant) Swom to and subscribed before me T~7th day of September, 2002 ~Si~natu~e 'o~ notary ~'~blic) -~.~ Participaci( n Publica- Proceso de'Consolidaci ' para el Plan de Desarroilo El condado de Collier est,. desarrollando el plan consolidado un - de acci6n del aRo. El plan consolidado (CP) es requerido pc Departamento de vivienda y Desarrollo Urbano de los Esta~ Unidos (HUD). El Plan Consolidado es un documento, que se ut: para dirigir programas de vivienda y para- planificaci6n dE comunidad 2003-2004. Las metas del Plan Consolidado s proporcionar una vivienda decente; proporcionar un ambie ~conveniente; y que ampli~ las oportunidades econ(Smicas para r bajo, bajo, y las personas de ingreso moderado. El Plan de acci~)n Un aho sera Utilizado para determinar gastos en los proyectos ~ programapor el ejercicio econ(Smico 2003-2004. Cantidad Anticipada Concedida: Aproximadamente $2,700.000 Actividades Elegibles: Adquisici6n de una propiedad; adqu' construir, rehabilitar o instalaci~n y de mejoras de facilida( publicas; liquidaci~n, demolici6n, y remoci(Sn de edificios y mejon y provisi~n de servicios pQblicos y f~fcilidades de acuerdo con CFR con 570. Aproximadamente el 100% de. la asignaci(Sn t¢ beneficiara a personaS del majo y moderado ingreso. Aportacidn del Publico: El prop(~sito de esta audiencia publica si solicitar opiniones del ciudadano sobre las necesidades de vivien y desarrollo de la comunidad para' el Condado de COllier, incluyem darle prioridad a las necesidardes de desarrollo de la comunidad c e fin de enmendar el Plan Cohsolidado de ACci(Sn por un A~o para aho fiscal 2003'2004. La audiencia sera ilevada a cabo en dos Iocalizaciones: Lunes, 14 de octubre de 2002 a las 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Mi~rcoles, 16 de octubre de 20L a las 6:00 p.m. Golden Gate Community Cente~ 4701 Golden Gate Parkway Naples, FL Taller Publico: Van aver dos talleres p~blic°s ofreciendo asistenc t~cnica por el personal del Condado para contestar pregunta acerca de la aplicaci6n del CDBG para los posibles aliCantes. Los talleres seran ilevados a cabo en dos Iocalizaciones: Lunes, 28 de octubre de 2002 a las 6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, FL Mi~rcoles, 30 de octubre de 200 a las 6 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, FL Si usted necesita ayuda especial o servicios dirigidos por el Act, Americano para Personas con Discapacidad o alguien necesita qu, se traduzca o el uso de lenguaje de se~as, debe contactar a oficina de Administraci~n Financiera de Condado de County Departamento de Vivienda al (239) 213-2937, no mas tardar dos dia~ de anticipaci~)n para el dia de la Audiencia Publica. Un interprete de habla hispana estar~, en ambas reuniones. No. 9964?.538 Z?F ~] Collier County CDBG Public Hearing October 14, 2002 -6:00 p.m. Immokalee Community Center 321 N. 1st Street Immokalee, Florida Sign-In Sheet NAME ~L,.. ,,, ~ ADDRESS CDBG PUBLIC HEARING Immokalee Community Park 321 N. 1st Street Immokalee, Florida October 14, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Janeen Person-Coale, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. Ms. Person-Coale welcomed the participants and informed them this is the first public hearing to receive input for the upcoming Community Development Block Grant (CDBG) fiscal year 2003-2004 program and is being recorded. There will be approximately $2,700,000 available. Ms. Person-Coale emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Person-Coale introduced Ms. Lee Combs, FAH Department HUD Grants Manager, to explain the program and application/funding timeline. The following persons were in attendance: Lee Combs Janeen Person-Coale Dottie Cook Hank Kolenda Jerry Regier Tim Wetzel Silvia Puente, Translator FAH - Collier County FAH - Collier County Empowerment Alliance of SW Florida Robust Building Robust Building WINK-TV Library - Collier County Ms. Combs explained the Entitlement process (Collier County became eligible to receive funding directly from HUD when it reached a population threshold of 200,000 persons). She also explained the purpose of the public hearing, which is to obtain input on ways the expected annual funding of approximately $2.7 million may be expended. Applications will be accepted until December 3, 2002. Ms. Combs also explained the 15% cap on public service activities and that these activities must be either: A new service; or A quantifiable increase in the level of a service. Ms. Combs also explained that projects had to meet one or more National Objectives: 1. Benefit low and moderate-income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. Also, a proposed activity must be eligible according to HUD standards. Ms. Combs referred the participants to an abbreviated list included in the handout explaining eligible 17F activities and HUD guidelines. She also went over the application packet, application process and timeline. There are two application workshops scheduled (October 28th at 6:00 p.m. in Immokalee and October 30th at 6:00 p.m. in Golden Gate). Ms. Combs stated that FAH Department staff is available for technical assistance at any time during the application process. Questions received centered on the eligibility of a specific project. FAH staff responded with appropriate information and recommended to these participants that they review the application packet and attend the October 28, 2002 application workshop to obtain further assistance or contact FAH Department staff directly at (239) 213-2937. The public hearing was adjourned at 7:10 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:\CDBG\CDBG _ HUD~ENTITLEMENT 2003-2004 (CDBG)LApplication process\10-14 PUBLIC HEARING Minutes.doc Collier County CDBG Public Hearing October 16, 2002 -6:.00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida ISign-In SheetI NAME I ADDRESS 17F CDBG PUBLIC HEARING Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida October 16, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Janeen Person-Coale, HUD Grants Coordinator, Collier County Financial Administration and Housing. County staff waited until 6:15 p.m. No public participants were in attendance. The following persons were in attendance: Lee Combs Janeen Person-Coale Denton Baker Anna Diaz, Translator FAH - Collier County FAH - Collier County FAH - Collier County CDES - Collier County The public hearing was adjourned at 6:15 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Housing and Urban Improvement department at 403-2330 to make arrangements. G:\CDBG\CDBG - HUD~ENTITLEMENT 2003-2004 (CDBG)~Application process\10-16 PUBLIC HEARING Minutes. doc 17F '~ Collier County CDBG Application Workshop October 28, 2002 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, Florida Sign-In Sheet NAME ADDRESS CDBG APPLICATION WORKSHOP Immokalee Community Park 321 N. 1 st Street Immokalee, Florida October 28, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:10 p.m. by Lee Combs, HUD Grants Manager, Collier County Financial Administration and Housing (FAH) Department. Ms. Combs welcomed the participants and briefly reviewed the information from the public hearings regarding the upcoming Community Development Block Grant (CDBG) fiscal year 2003-2004 program. The following persons were in attendance: Lee Combs Julia Langhorn Dora Strickland Barbara Mainster Dottie Cook Silvia Puente, Translator FAH - Collier County FAIt - Collier County Immokalee Resident Redlands Christian Migrant Association Empowerment Alliance of SW Florida Library - Collier County Ms. Combs explained the public hearing requirement, application process and program timeline. Applications will be accepted until December 3, 2002 at 4:00 pm in the FAH office. The application review by staff and the role of the CATF (Citizens Advisory Task Force) was discussed. Ms. Combs explained the 15% funding limit on public service activities and also that projects had to meet one or more National Objectives: 1. Benefit low and moderate-income persons or households; 2. Aid in the prevention or elimination of slums or blight; 3. Meet a recent community need having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare. At that point, the floor was opened for questions. Numerous questions were asked regarding individual proposals and specific items on the applications. Staff provided input, guidance and technical assistance. FAH staff reminded attendees that applications are due on December 3, 2002 at 4:00 pm. All applicants were encouraged to schedule "Technical Assistance" sessions with staff for review of the application and supporting information by contacting (239) 213-2937. The public meeting was adjourned at 8:00 p.m. Collier County CDBG Application Workshop October 30, 2002 - 6:00 p.m. Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida Sign-in Sheet NAME ADDRESS 17F CDBG APPLICATION WORKSHOP Golden Gate Community Center 4701 Golden Gate Parkway Naples, Florida October 30, 2002 - 6:00 p.m. MINUTES The meeting was called to order at 6:15 p.m. by Lee Combs, HUD/Federal Grants Manager, Collier County Financial Administration and Housing. The following persons were in attendance: Lee Comb Julia Langhom Susan Alden Barry Williams Sharon Sykes Barbara Leonard Sharon Winkelman Anna Diaz, Translator FAH - Collier County FAH - Collier County FAH - Collier County Department of Human Services - Collier County Public Shelter for Abused Women Youth Haven CDES - Collier County FAH staff worked with various potential applicants on a one-on-one basis regarding each proposed application. Mr. Williams with the Department of Human Services was proposing a prescription medication program to aid low-income persons in areas other than Immokalee (which received a grant in 2002-2003). Ms. Leonard was asking about the possibility of helping residents of the Shelter for Abused Women attain help with tenant-based rental assistance. Potential applicants were also reminded that they could receive individual technical assistance until the applications were due on December 3, 2002 at 4:00 p.m. The application workshop was adjourned at 7:45 p.m. G2CDBG\CDBG - HUD\ENTITLEMENT 2003-2004 (CDBG)~Development ProcessLAPPL1CATION WORKSHOPS\I 0- 30 APPLICATION WORKSHOP Minutes.doc NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Flor/da County of Collier Before floe undersigned they serve as the aufllority, personally appeared B. Lamb_, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; That the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published ia said 1 time(s) in the issue on November 28, 2002 Affiant further says that the said Naples D~ily News is a newspaper published at Naples, in said Collie County, Florida, and that the said newspaper has heretofore been continuously published in ~id Co]lief County, Florida; dis~buted in Colli~ and I~e caunties of Flor:da, eaah day and has be=n cnt¢~d as s,,oond class mail manor at the post offic= in Naples. in said Colli=t County, Florida, for a period of 1 y.ar next !m'eocdmg ~h¢ firs~ publication of~h-~xtachcd copy of adve.~scmcm; and affiant furtltet says that hc has neither paid nor gn'omfis,"d ~y person, firm or corporation any discount, rebata, ,~ommission or r~fund for t~e parl~se of securing this advertisement for publication in th~ ~id n~w.sga~ ( Sigaatur~ of affiant)/ Swam to and subscribed before me 19/t133~ of December, 2002 /(.q{gnature c~fnotar3~puglid) ~ .~oay ~'~. Dcnn?. Cn~.at ~ r ' ADVISOR ": DEVELOPMENT ':&'::" ENVIRONMENTA~ ~' ;$ERViCE~"CONFERENCE ROOM "E", 280~ ~ om~e~flati 6fCo ~ '" ' ";'.. ~ ontoBo~' ' un ". 3; Approval. o~ Meeting Minutes. · .::: ~.b. September:12, 2002 ' · ".':'. ':"." a.: ~tensio~ f0rSmall Cities & Counties' '.";'~'" pr0gmm' ' im'~okAlee Manufacturing.:- .... pem~n ~dec/des to a :....,with mspe~., to.'an[ ma~er c0~side'md' 'at .' "this' meetifig, .he ,will. 'heed {a':re~d, of the ~.::p~oceedings..~d.that.lor~such:Purpose; ho may need to 'ensam?hat"'a ve~bA~m::~-c0~.~ "' .v_.of the proceedings' ~s. made,., whi~..reco~ . ~ 'includes the' ~esti~°nY' an~.e~dence. 'upon. ~' :... ':~:'Which't~eappea!.,is t0 be :.b~ed, . ' , '~.,:.': .... "..,,...' .j ..... ': .: ', · , , ; · .., ,:'. .... /:,,. ~ ' ' ' ' ~ ',~'"~'0~-'"', NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State o£ Florida County of Collier Before the undersigned they serve as thc author/W, personally appeared B. Lamb_, who on oath says that they serve as the Assistant Corporate Secretory of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) in the issue on November 28, 2002 Affiant firther say~ Gat the said Ngp~s DaiLy News is a published ~t Naples, in said Collier County, Florida, and that ~e ~id new~ap~ h~s heretofore ~n con~nuously published in s~d ColHet Co~, ~a; dis~bu~fl in Collier and ~c counties of Florida, each fl~y and has be~ cnmred ~ ~cond class ~il nm~r a~ the post o~ in N~Ies, in ~id Collier CounW, Florida, for a y;~r next prc~ding the first publication oft~ atmg~fl copy adv~sc~nt; and ~mr ~gh;r ~ys ~gt ~ has n~it~t paid nor ~ed any p~0n, fi~ or ~omt~n anydis~unt, m~te, co~i~ or mthnd for the pu~os~ of s~u~ng this ~vc~s~t for public,on ~ ~c said no~p~. Sworn to and subscribed before me 19th day-tlr December, 2002 · 4~:~?..x ? f: .-.~,"r:; .?h:.;~em~r z'l. 2005 i7F P.O. Box 518 LaBelie, FL 33975 Affidavit of Publication State of Florida - County of Hendry ~olljer County Housing and Urban Developme~,~; hereby certify that a .Notice of Public Meetin~ ad was IJ~mokalee Bulletin on_December 5, 2002 placed in the (]~, L inCa Jo Ccmmbr, Notary Public Linda Jo Coombs. #CC 867472 Date NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF'A KEGULAR MEETING OF THE CITIZENS ADVISORY TASK FORCE (CATF) AT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES, CONFERENCE ROOM "E", 2800 N. HORSESI-IOE DRIVE, NAPLES, FL AT 1:00 P.M. ON DECEMBER 12, 2002. AGENDA 1. Roll Call 2. New Business a. Review.and ranking of FY 2003-2004 Community Development Block Grant (CDBG) applications. b. Review of CATF applications and recommendation to Board or' County Commissioners. 3. Approval of Meeting 'Minmes a. May 9, 2002 b. September 12, 2002 4. Old Business · a. 'Extension for Small Cities & Counties program - Immokalee Manufacturing Facility 5. Announcements. Additionally, this notice advises that, if a person decides to appea! any decision made by the Citizens Advisory Task Force, with respect to any matter considered at this meeting, he will need a record of the proceedings and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and .Housing Department at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. 17F · AVISO DE REUNION PUBLICA Por este medio le avisamos de una reuni6n regular del Asesor de Destacamento de Fuerzas del Cit~dadam (CATF) En el salon de conferencias E en 2800 Nortt Horseshoe Drive, Naples, FL a 1:00 p.m. en 12 de diciembre de 2002. AGENDA 1. Pasar lista 2. Nuevos Negocios a. Revisar y evaluar las aplicaciones para el afio fiscal 2003-2004 del Bloque de Otorgaci6n para el Desarollo Urbano (CDBG). b. Revisar las aplicaciones de CATF y recomendaciones para la Junta de Comisionados del Condado. 3; Aprovaci6n de las Minutas de la Reuni6n pasada a. 9 de mayo de 2002 b; 12 de septiembre de 2002 4. Pasados Negocios a. Extenci6n el programa de pequefias Ciudades y Condados -Facilidades de la Manufacturera,de Imtnokaiee 5. Anuncios En adici6n a la noticia dada, si una persona decide apelar cualquier decisi6n hecha por el Asesor de Destacamento de Fuerzas para el Cludadano, con respecto de cualquier cosa considerada en esta reuni6n, el necesitarfi una grabaci6n de los pmcedimientos y para este pr6posito, el tambi6n necesitarfi que est6 palabra por palabra grabado el procedimiento hecho, y que lo grabado incluya el testimonio y evidencia basado en !o que quiere apelar. Si usted requlere asistencia o servicios ofi'ecidos bajo el Acto para Americanos Discapacitados, si requiere asistencia con traducciones o lenguaje de segas, pot fbvor llame al Departamento de Administraci6n Financiara y Vivienda al (239) 213-2937 no meno~v de dos d/as tmtes de la reuni6n. l 7F ""~i Collier County CATF Meeting December 12, 2002- 1:00 p.m. 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 Sign-In Sheet NAME ADDRESS 17F i~:]ill Collier County CATF Meeting December 12, 2002 - 1:00 p.m. 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 NAME ADDRESS '7F Collier County CATF Meeting December 12, 2002 - 1:00 p.m. 2800 N. Horseshoe Drive (Development Services Building) Conference Room "E" Naples, Florida 34104 Sign-InI Sheet NAME ADDRESS COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES CONFERENCE ROOM "E" 2800 NORTH HORSESHOE DRIVE December 12, 2002 Meeting (Minutes Tentative Until Approved by the CATF) The meeting was called to order at 1:05 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy Kathleen Hemnann Ellen Christian-Myers David Corban Russell Tuff X X X X X Staff Present: Financial Administration and Housing (FAH) staff- Denny Baker, Lee Corn Susan Alden, Gary Young, Janeen Person-Coale and Julia Langhorn Applicants Present: Elaine Antonacci, (Immokalee Multiculmral Multipurpose Community Action Agency (IMMCAA Cheryl Wickersham, United Church Homes Amanda Townsend, Collier County Parks and Recreation Richard Nogaj, Harvest for Humanity, Inc. Mary Ann Durso, Habitat for Humanity, Inc. Dr. Sam Durso, Habitat for Humanity, Inc. Barbara Cacchione, Empowerment Alliance of Southwest Florida, Inc. Bill Klohn, Arrowhead Apartments Ltd. Patrick McCuan, Arrowhead Apartments Ltd. Barry Williams, Colllier County Human Services Barbara Mainster, Redlands Christian Migrant Association (RCMA) Also Present: Susan Golden, City of Naples Teri Karp, Collier County Hunger and Homeless Coalition Mary Soucek, Collier County- Hunger and Homeless Coalition Marlene Foord, Collier County Grants Patricia Prather, a court reporter from Naples Court Reporting, Inc. was also present. 17F Collier County CDBG Citizen Advisory Task Force December 12, 2002- ]:00 PM Community Development and Environmental Services Building Conference Room "E" 2800 N. Horseshoe Drive, Naples, Florida 34104 Agenda Call Meeting to Order- Roll Call New Business A. Review and Ranking of FY 2003-2003 Community Development Block Grant (CDBG) applications BRIEF RECESS B. Review of CATF Applications and Recommendation to Board of County Commissioners C. Extension for Small Cities and Counties program - Immokalee Manufacturing Facility III. Approval of Meeting Minutes A. Approval of May 9, 2002 Meeting Minutes B. Approval of September 12, 2002 Meeting Minutes IV. Old Business V. Announcements III. IV. New Business A. The CATF reviewed nine Co 17F , (9) applications for Community Development Block Grant (CDBG) funding in the 2003-2004 program cycle. The following applications were recommended for funding: Housing: * United Church Homes, Inc. (Immokalee Senior Housing) $275,000 - Habitat for Hmnanity (Charlee Estates - Phase II infrastructure) $700,000 Economic Development: - Harvest for Humanity (Job Creation at Blueberry Store) $100,000 Public Facilities: Collier County Public Services (EN Community Center Senior Center addition) $83,000 ** with $255,000 set aside in 2004-2005 and 2005-2006 program years Public Services: . IMMCAA (Job training and support) $60,000 * Empowerment Alliance of SW Florida (Education and Training) $54,000 * Collier County Human Services (Prescription Medication Service) $130,000 The CATF reviewed the applications for appointment to serve on the CATF and recommended the following people be appointed: Russell W. Tuff- reappointment - Business Leader (unanimous) Jodi Bisogno - appointment - Social Services (to fill the seat vacated by Kathy He~xrnann) (unanimous) The CATF approved 4-0 that the County extend the termination date of the agreement between Collier County and the Department of Community Affairs (DCA) for the Small Cities and Counties CDBG funding used to build the Incubator at the Immokalee Airport. Due to various delays, it seems prudent to extend the termination date to March, 2004 to enable the leasee to have adequate time to have the required 22 jobs in place. Approval of Meeting Minutes A. Approval of May 9, 2002 - approved by 4-0 vote. B. Approval of September 12, 2002 - approved as corrected by 4-0 vote. Old Business A. Lee Combs gave each CATF member a copy of a letter from HUD in response to Collier County's Consolidated Annual Performance and Evaluation Report (CAPER). This was the first year a CAPER had been submitted and HUD was very pleased with the accomplishments of the CDBG program. B. Lee Combs told the CATF that Collier County had been approved for Home Investment Partnership Act (HOME) program a year earlier than expected. The anticipated funding is approximately $800,000. Unlike CDBG, this program will focus on housing. Community Housing Development Organizations (CHDOs) will received a 15% setaside for eligible projects. The Citizen Participation Plan relating to public hearings would be followed so that the public knows of the availability of the funding; public heatings have been scheduled for early January in Immokalee and Golden Gate. Since the regulations are very complex, Lee Combs suggested that the CATF allow staff to determine eligibility for funding. The CATF unanimously approved that staff be allowed to determine funding priorities and eligibility'. IV. New Business The next meeting is scheduled for March (date and time to be determined). There will be one new member of the CATF. Denny Baker suggested that the CATF be given training regarding CDBG rules and regulations, the Sunshine Law and Board Protocal; the CATF unanimously agreed. A bus tour of the CDBG projects will be scheduled for the Spring. V. Adjournment of Meeting 5:25 P.M. G:\CDBG\Citizen Advisory Task Forcc~2002 CATF Meetings\CATF Minutes 12-12-02.doc NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a 17F in the matter of PUBLIC NOTICE was published in said newspaper 1 time (s) in the issue on December 23, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post Office in Naples, in said Collier County, Flor/da, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither' paid nor promised any-person, firm or corporation any discount, rebate, comrrfission or refund for the purpose of securing this advertisement for publicationz~in the said newspapT..~ ~ ( Signature of affiant) Sworn to and subscribed before me ::IT~.,~Gth of Decembe_~:, 2002 (S~gn~tU~e °f n°tm-y public) /// NOTICE OF PUBLIC HEARING Citizen Participation - Consolidated Plan Process Collier County has been notified by the U.S. Department of Housing and Urban Development (HUD) that the County has been' proposed to receive Home Investment Partnerships .(HOME) Program funds. To receive funding~ the County is required to develop a.plan to utilize these monies in a coordinated'manner. Collier County will be' amending its 2001-2005 ConsoJidated Plan to add the HOME component. The HOME program was signed into law as Title II of the CranSton Gonzalez National Affordable Housing Act in 1990 and first funded in 1992. The HOME Program helps to expand the supply of decent, affordable housing for iow and very Iow-income families by providing funds to States and local governments referred to as participating jurisdictions, or "PJs." PJs use their HOME funds for housing programs that meet local needs and priorities and have flexibility in designing their local HOME programs within the guidelines established by the Final Rule (24 CFR 92). The HOME Program establishes limits for rents, income,-purchase price, and per unit subsidy limits. . ' Proposed HOME Funding Amount: Approximately $800,000 Range of Activities: The County is able to undertake a wide range of activities under these programs that benefit Iow-income people, or are located in areas where the majority of the People. living there are Iow,income. Possible activities include rehabilitation of owner- occupied homes, tenant-based rental assistanCe, and downpayment assistance. A PJ must invest (set aside) at least 15 percent (15%) of its total HOME allocation in projects that-are owned, developed or sponsored by Community Housing Development Organizations (CHDOs), and which result in the development of homeownership or renter units. Citizen' Input: The purpose of this public hearing will be to solicit citizen views on Collier County's housing needs for the purpose of developing .an amendment to the County's Consolidated Plan for FY 2001-2005. This public hearing is not to discuss specific housing proposals. The public hearing will be held at two locations: Monday, January 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Tuesday, January 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL A Spanish-speaking interpreter will be available at both meetings. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the Collier County Financial Administration and Housing Department at (239) 213-2937, no later than two (2) days prior to the' Public Hearing date. No. 99706408 December 23~ 2002 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the ' Naples Daily, a daily newspaper published at Naples, in Colher County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time (s) in the issue on December 23, 2002 lYF Affiant further says that the said Naples Daily News is a newspaPer published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post Office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the fir,t publication of the attached copy of advertisement; and affiant further says that he has neither pal4 nor promised any -person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicatio~in the said newsp~ap~./f/_~ ~. ( Signature of affiant) Swom to and subscribed before me t~/t~ of Decem/~/20.02. __ . ParticipaCi°n de ciudad,anOs ' Plan el proceso consolldado El condado de Collier ha sido notificado por el Departamento de Vivienda y Desarrollo Urbano (HUD) que es elegible para comenzar a recibir anualmente fondos del subsidio Federal del programa InversiOn de Sociedades (HOME). Para recibir subsidio, el condado debe desarrollar Un · plan para utilizar estOs fondos p~blicos de una manera coordinada. Este plan es Ilamado "PLAN CONSOLIDADO." El condado de Collier estar~ enmendando su agrupackSn o (bloque) de subsidio para el desarrollo de la comunidad 2001-2005. Este plan Consolidado incluye el HOME fondos (Fondos Hogare~o). El programa Hogare~o ,fue firmado y hecho ley de la misma manera que el "Titulo 11 de Cranston Gonzales Acto Nacional de' Vivienda C(Smoda de 1990 {Title 11 of the Cranston Gonzales National Affordable Housing Act in 1990) y por primera vez fue financiado en 1992. El programa hogareRo .ayuda a desarrollar y proveer vivienda decente para families de bajo y muy bajo ingresos a trav~s de suministrar subsidios a estados y gobiernos locales referidos come jurisdicciones participantes, o "PJs." PJs usan los subsidios hogare~os para financiar programas de viviendas que satisfacen necesidades y prioridades locales y que tengan flexibilidad en dise~ar su programa hogareRo dentro las regulaciones establecidas pot la Regla Final. El programa HogareRo establece limites en renta, ingresos, preci{;) de compra y limites de subsidio por unidad. Donaciones anuales anticipadas: Aproximadamente $800,000 Alcance de actividades: El condado esta capacitado para emprender un alcance extenso de actividades bajo estos programas que benefician a personas de bajo ingreso (o personas de salario bajo), o personas ubicadas en areas donde la mayoria tienen un salario bajo. Actividades Posibles incluyen rehabilitaci~n de viviendas alquiladas por',propietarios, asistencia 'c~3n la renta basado en la capacidad de los' inquilinos, y asistencia con el pago de entrada. Una Jurisdicci(Sn Participante, o "PJ," requiere una inversion de 15% de los fondos totales dedicados al programa "HOME" para proyectos donde uno es dueRo, o proyectos originados por la Organizaci6n Hogare~a de la Comunidad (CHDOs) y que resultan en la creaci6n de unidades de vivienda para rentar o Ilegar a set due~o. Participacidn de ciudadanos: El prop~)sito de esta audiencia publica sera de solicitar de los ciudadanos su punto de vista de las necesidades de la vivienda del condado Collier y asi poder desarrollar una reforma a la CDBG Plan Consolidado para recibir fondos p[3blicos para los anos 2001-2005. En esta audiencia publica no se discutira de ninguna manera como escribir especificamente las propuestas de subsidio. La audiencia publica sera en dos ubicaciones: Lunes, Enero 6 - 6:00 p.m. Immokalee Community Park 321 N. 1st Street Immokalee, FL Martes, Enero 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Tendremos interpretes en espa~ol para las dos audiencias Si usted requiere asistencia o servicio especial establecido pot et acto de Americanos con desabilidades o si requiere traducciOn o alguien que firme pot usted, pot favor de comunicarse con el departamento administrativo de finanzas y vivienda del Condado de Collier al tel~fono (239) 213-2937, pot favor de tlamar (2) dfas antes de la fecha de la audiencia publica. I.al~cllc. Iff..]39.75 i 7F Affidavit of Publication State of Florida · County of Hendry .d~_lJier County Hqu._siDcl and IJrban Development I I~ereby certify that a Notice of Public Hearinq/Citizen Partmlpation ad was '~laced in the Immokalee Bulletin on December 26.2002 .,~r%.~. fl-de Jo Coombs · *~ItMy cammis$1o~ cC8e7472 --,~,l~.,~ Exp~m_~ Augu$1 3~. 2003' NmT~i'y Linda Jo Coombs #CC 867472 ,.' Date 17F ~-;~ Collier County HOME Public Hearing January 6, 2003 Immokalee Community Park 321 N. 1st Street Immokalee, Florida NAME ADDRESS HOME PUBLIC HEARING 17F Immokalee Community Park 321 N. 1st Street Immokalee, Florida January 6, 2003 - 6:00 p.m. MINUTES The meeting was called to order at 6:05 p.m. by j,,lia Langhorn, HUD Grants Coordinator, Collier Cotmty Financial Administration and Housing (FAH) Department. Ms. Langhorn welcomed the participants and informed them this is the first public heating to receive input for the proposed Home Investment Partnerships (HOME) program for fiscal year 2003-2004 and is being recorded. There is a proposed amount of $800,000 available from HUD. Ms. Langhorn emphasized the purpose of this meeting is to obtain public input on the needs of the Immokalee Community and not to discuss individual applications. Ms. Langhorn explained the program and application/funding timeline. The following persons were in attendance: Julia Langhorn Janeen Person-Coale Dottie Cook Mafia Garcia Tamara C. Gabar Dora Strickland Silvia Puente, Translator FAH - Collier County FAH - Collier County Empowerment Alliance of SW Florida Immokalee Resident Immokalee Resident Community Redevelopment-Collier County Library - Collier County Ms. Langhorn explained the purpose of the HOME program and how HUD made the proposition of designating Collier County as a Participating Jurisdiction (P J) based on year 2000 Census Data, which reflected that Collier County is now eligible to participate in this program. She also explained the pm'pose of the public heating, which is to obtain input on ways the proposed HOME funding of approximately $800,000 for FY 2003- 2004 may be expended. Ms. Langhom discussed that projects eligible for funding under the HOME program must meet one of the following objectives: Provide decent, affordable housing to lower-income households; · Expand the capacity of nonprofit housing providers; · Strengthen the ability of state and local governments to provide housing; and · Leverage private-sector participation. Comments received stated that there is a need for more affordable permanent as well as rental housing in Immokalee, especially housing that provides more space and some privacy from neighbors, and is not currently available in most affordable housing developments. It was also stated that Immokalee is in need of transitional housing to provide a place for families to live while fl~ey are moving out of sub-standard housing. FAH staff responded with the appropriate information and also made referrals to some participants who needed additional assistance with regard to their current housing situation. Ms. Langhorn also told all participants they were welcome to obtain further assistance or contact FAH Department staff directly at (239) 213-2937. The public hearing was adjourned at 7:15 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:kI-[OME~4~DMINLPUBLIC HEAR1NGSh°UBLIC HEARING MIN. IMM.doc ~TF Collier County HOME Public Hearing January 7 - 6:30 p.m. Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, FL Sign-In Sheet NAME ADDRESS Max Hasse Community Park 3390 Golden Gate Boulevard, W. Naples, Florida Jalluary, 7 2003 - 6:30 p.m. MINUTES The meeting was called to order at 6:05 p.m. by Julia Langhom, HUD Grants Coordinator, Collier County Financial Administration and Housing (FAH) Department. County staff waited until 6:30 p.m. No public participants were in attendance. The following persons were in attendance: Julia Langhom Janeen Person-CoMe Ana Diaz, Translator FAH - Collier County FAH - Collier County CDES - Collier County The public heating was adjourned at 6:30 p.m. NOTE: Persons desiring to listen to the audiotape may do so by calling the Financial Administration and Housing department at 403-2330 to make arrangements. G:\HOME\ADMIN\PUBLIC HEARINGS\Public Hearing Min. GG.doc 17F m8 COLLIER COUNTY, FLORIDA Citizen Participation - Consolidated Plan Development Process Collier County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP is a document, which is used to guide housing programs and non-housing community planning for fiscal year 2003-2004. The goals of the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very low, low and moderate- income persons. The One-Year Action Plan will be used to determine expenditures on program projects for fiscal year 2003-2004. There will be an allocation of approximately $2,782,000 in Community Development Block Grant (CDBG) funds. Eligible activities include, but are not limited to: acquisition of real property; acquisition, construction, rehabilitation or installation of public facilities and improvements; clearance, demolition, and removal of building and improvements; and provision of public services and facilities in accordance with 24 CFR § 570. Approximately 100% of the total allocation will benefit low and moderate-income persons. There is a proposed Home Investment Partnerships (*HOME) program allocation 'of $745,000 to expand the supply of decent, affordable housing for low and very low-income families. *HOME funds must be used for housing programs that meet local needs and priorities. Participating Jurisdictions (PJ) have flexibility in designing their local *HOME programs within the guidelines established by Final Rule 24 CFR § 92. Possible activities include rehabilitation of owner-occupied homes, tenant-based rental assistance, and down payment assistance. A PJ must also invest (set aside) at least 15 percent (15%) of its total *HOME allocation in projects that are owned, developed or sponsored by Community Housing Development Organizations (CHDO's), and which result in the de.velopment of homeownership or rental units. Approximately 100% of the total allocation will benefit low and very-low income persons. The proposed One Year Action Plan for fiscal year 2003-2004 includes the following activities: Storm Drainage Improvement - City of Marco Island Park Improvement - City of Naples Affordable Housing Development Land Acquisition Affordable Housing Infrastructure support - Habitat for Humanity Senior Citizen Affordable Housing Development (Immokalee) Community Housing Development Organization (CHDO) set-aside Single-family Housing Rehabilitation Assistance - Countywide Rural Prescription Medication Service Single-family Housing Down Payment Assistance - Countywide Tenant Based Rental Assistance - Countywide Job Creation and Training (Immokalee) Senior Citizens Activity Center Construction Job Training and Support (Immokalee) Education & Training (Immokalee) Homeless Management Information System Community Housing Development Organization (CHDO) operating Fair Housing - Education and Outreach Program Planning and Administration (CDBG) Program Planning and Administration (*HOME) $250,000 $250,OO0 $35O,OO0 $700,0O0 $275,OO0 $204,000 $200,0OO $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 50,000 $ 37,000 $ 3,000 $480,000 $ 74,000 Total $3~527~000 Public Comment Period There will be a public comment period from March 7, 2003 to April 7, 2003 regarding th ar Action . During this period, the draft Plan will be available for review in all of the County's public libraries and in the Financial Administration & Housing Department office located at 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 34104. The CP is available in a format accessible to persons with disabilities upon request (239-213-2937). The County will respond within 15 days, in writing, to all written comments. All comments from citizens will be considered in preparing the final Consolidated Plan One Year Action Plan FY 2003-2004. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2003-2004) is scheduled for April 22, 2003 at a regular meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. *Home Investment Partnerships Program (*HOME): At this writing, *HOME funds are 'proposed' for Collier County. Final approval on this appropriation is still pending from HUD. COLLIER COUNTY, FLORIDA Participaci6n Ptiblica - Proceso Para Consolidar Un Plan de Desarrollo E1 Condado de Collier est~i desarrollando E1 Plan Consolidado-Un Plan de Acci6n pot un Afio. E1 plan consolidado (CP) es requerido pc el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD. E1 Plan Consolidado es un documento, que se utiliz para dirigir programas de vivienda y para la planificaci6n de la comunidad para el afio fiscal 2003-2004. Las metas del Plan Consolidad son: proporcionar una vivienda decente; proporcionar un buen ambiente; y que ampli6 las oportunidades econ6micas para las personas d muy bajo ingreso, bajo o moderado. El Plan de Acci6n de un Afio ser~i utilizado para determinar gastos en los proyectos del program pot el afio fiscal 2003-2004. Habr~i una localizaci6n aproximada de $2,782,000 en los fondos del Programa de la Comunidad (CDBG). Algunas de las actividades qu son elegibles, pero no est~in limitadas para: compra de propiedad; adquisici6n, construcci6n, rehabilitaci6n o instalaci6n de facilidad¢ pfiblicas y mejoramiento; limpieza, demolici6n, y eliminaci6n de construcci6n y mejoramiento; proveer servicios pfiblicos y facilidade en conformidad con 24 CFR secci6n 570. Aproximadamente un 100% del total asignado pueden beneficiar personas de nivel de ingres bajo y moderado. Hay una propuesta Asociaci6n de Inversiones de Vivienda (*HOME) programa se ha asignado $745,000 para la expansi6n, para prove¢ hogares decentes y que se puedan comprar para familias de bajo y muy bajo ingreso. Los rondos de HOME deben ser usados par Programas de Vivienda que rednan las necesidades locales y las prioridades. Las jurisdicciones participantes (PJ) tienen la flexibilidad d designar el Programa HOME en su localidad dentro de las reglas establecidas en la regla final 24 CFR §92. Algunas posibles actividade incluye la rehabilitaci6n de propietario-duefio de la vivienda, asistencia de renta del inquilino y asistencia en el dep6sito de pago. E1 P tambi6n debe invertir (colocar al lado) pot lo menos un 15% de su total asignado en projectos que son propios, desarrollados patrocinado pot organizaciones del Desarrollo de la Vivienda Comunitaria (CHDO"s), y que resultarfa en el desarrollo y la posesi6n de vivienda , unidad de renta. Aproximadamente un 100% de la asignaci6n beneficiara a personas de bajo y muy bajo ingreso. Mejoramiento en drenaje - Ciudad de Marco Island Mejoramiento de parques de recreo - Ciudad de Naples Adquisici6n de tierras para el desarrollo de viviendas que se puedan comprar Soporte para la infraestrucmra de casas que se puedan comprar-Habitat for Humanity Desarrollo de Vivienda que se puedan comprar para ciudadanos ancianos-Immokalee Organizaci6n de la Comunidad para el Desarrollo de Vivienda (CHDO) colocar al lado Asistencia de Rehabilitaci6n para la vivienda de una familia sencilla- alrededor del Condado Servicio de recetas medicas en regiones rurales Asistencia para gastos de cierre para viviendas de familia sencilla Asistencia para el arrendamiento basado en la renta Adiestramiento y creaci6n de trabajos (Immokalee) Contrucci6n de centro de actividades para ciudadanos ancianos Soporte y adiestramiento de trabajo Adiestramiento y Educaci6n (Immokalee) Sistema de informaci6n para el manejo de personas sin vivienda Organizaci6n de la comunidad para el desarrollo de vivienda (CHDO) operativo Feria de Vivienda- Educaci6n y Superaci6n Programas de Planificaci6n y Administraci6n (CDBG) Programa de Planificaci6n y Administraci6n (*HOME) Total $250,000 $250,000 $350,000 $700,000 $275,000 $204,000 $200,000 $130,000 $100,000 $100,000 $100,000 $ 83,000 $ 60,000 $ 54,000 $ 50,000 $ 37,000 $ 3,000 $480,000 $ 74,000 $3,527,000 Perlodo para Comentarios Pfiblicos: Habrfi un periodo para comentarios del ptiblico desde el 7 de Marzo de 2003 hasta el 7 de Abril de 2003 relacionado al Plan de Acci61 por un Afio. Durante este periodo una copia preliminar del Plan estarfi disponible para set revisada en todas las bibliotecas ptiblicas de Condado de Collier yen la Administraci6n Financiera y el Departamento de Vivienda, 3050 N. Horseshoe Drive, Suite 275, Naples Florida 34104. El Condado de Collier responder~ por escrito, dentro de 15 dias, a todos los comentarios recibidos pot escrito. Todo Io: comentarios del ptiblico serfin considerados para preparar el final del Plan Consolidado-Un Plan de Acci6n pot un Afio de FY 2003-2004. La aprobaci6n del Plan Consolidado-Un Plan de Acci6n por un Afio (afio fiscal 2002-2003) sertl programada para el Abril del 20( en una reuni6n regular de la Junta de los Comisionados del Condado. Si usted necesita ayuda especial o servicios dirigidos por E1 Ac! Americano para Personas con Discapacidad o alguien necesita que se traduzca o el uso de lenguaje de sefias, debe contactar a la oficina C FAH al nfmero 239-213-2937, con dos horas de anticipaci6n para el d/a de la Audiencia Pdblica. *Asociaci6n de Inversiones de Vivienda (*HOME): En este escrito,, *HOME los fondos estan "propuestos' para el Condado de Collier. Aprovaci6n final en esta apropiaci6n todav/a esta pendiente del HUD. 1~ of Hendry - Collier County Housinq I hereby certify that a Cit~en Participation ..-Consolidated Plan Development _ProceSs, legal ad Was placed in the Caloosa Belie March 6, 2003 Notary Public Linda Jo Coombs. #CC 867472 Date 17F ','Ii · COLLIER COUNTY. FLORIDA ' Citizen Participation-Comolidnled Phn Developmenl Prneess -' · Collier Cnunlv Js &vi:loping .Ihe Cunsolidau~d ?lan (~e Year Aclion Hun. The Cdnsolidaled PJ~m (CP) is n.'quired'bs' Iht U.S. Departmenl of IImLsin~ and Uib~ Develop~n~nl (tlUDL ~e CP is a d~umeuL which'is u~d lo gni~ prugrams and non.housing communn~' plmmmu fur fiscal y~ar 2l~3-2~)4. Tbu g~l~ oflhu ~P arc IO: prow~ ~enl housiug; provide a Snllabl~ Jiving environmeu~: and expand ~cnnom~c 'op~rluuifies for ve~ Iow, Iow and modemte- incmue persons. The One-Year Action ]'lm~ wd[ ~ u~cd to delemlhle cx~ndi~ur~ on ~ugr~l proj~ls Ibr fi~a[ year There will ~ nn afl,talon of appruximateiy 52.7~2.~0 m Commuuky D~'cMpmcnl Bl~'k ~ran; Eligible aclwifi~s include, bm ~r~ no[ limil~ Io: acquisition of r~al pmpe~; acquisifimk cDnslmcli~, rchabilimron iuslulladoo of public fa~ililies 3nd imprnvenmms; elegance, demolition, and rcmoval.nf bui~in8 and impruv~m~s: provision of public se~'~es and facililics in acco~an~e wilh 24 CFR/570. Approximalcly 1~% o[ I~e Iolal will b~n~fll Iow and mod~ra~-m~om~ p~r~ns. 'l'htre ~s a propn~ed Home ]nv~sm~em I'~uermips I~HOME) pmg~m Ml~afinu of S74~,~ m expand lh~ supply of dccenL affordable housin~ for iow an~ ve~' Io~-incmn¢ families, qlOM E ~nds mu~ ~ used fur housin~ pm~mt~ me~t local needs aud ph~rifies. Pardci~ntiu~ ]ud~iclions (P J) have Ilcxibilily in desi~mn~ thdr I~al *HOME programs within the ~mddi~s established by Fiual Rule 24 CFR/92. Possible aclivilies i~lude r¢~bililafion ofowner~cupkd (15%3 of i~s rolm 'IIOME allocauon m p~jc~ts that are owned, developed or s~nsored by Community Housiu~ [)ev~lopmen~ OrgamzRnons lC}lDO'M, uno whic~ resell in the dcvdopmcul of homeown~rship or rental urals. Appro¢ imately 1~4 o[ Ibc ~olal ~Oocalion will ~nefil Imv and v~'-Iow incom~ ~r~ns. Tile prolx~sed One Yea~ Action ~lun for fiscal year 2003.204)4 mclndes thc following aclivRi~s: SIorm I)ramage Imprnvement -- ('iwofMarcn Island 'Park Imnrm. eumul -- C'l~ of Naeles Affordable Housing Developnlenl Lmld Acqmsflion Affordable I louaing Infrashl~crnre support -- l{abilal for Fhnnanity ' Senior Citizen Affordable Housing Development Ilmmokalee) Commumb' Ilousmg Devdopmenl Orgunization'tCItDO) :~t-aaide Single-family Itousing R~habili~alion Assislance --- CounWwide ~ural P~r~pnon Mod~cauon Sec'ice Single-lhmi~y Housing Dowu Paymem AssislanCe -Cmmlywide Tcnmd ~ased Reulal A~sislance ~ Cmnn)~vide Job ('rea~m~ ~nd Training (Immokaleel Education ~ Traufin~ (hmnokalee) ~omeless Munagemen~ Infimnudou System Commumty ttousing Develonmenl Organizaiion (CHOU) operating Program Plamuug and Adminisl~iion [CDBG) Program P~annmg and Admmisfratiou ~*HOM E~ Fetal Public Comment Period. 'IT, ere will '~ a public commqnl pernm t¥om March 7. 2003 Io April 7. 2003 regardiug the One Year Acbon Plan. During mis 'tarred. tile draft Plan will be available for review in alt of the Couuly s public libraries alld m tll~ ~ilxan~ial Admmistrution & Housing Dcoanmem office ocaled at 3050 N Horseshoe Drive. guile 275, NanJes. Flori~ 341M. I'he C'P s ax;triable in a formal accessible to ~rsons with disabihties npou requesl (239-213-2q37]. qbe C'onu~' will res ~oad ~ilhilt I~ days. m Wt'lllHg. IO all Wrlll~ll coulmenls MI comulelR5 [rom cmzens will be considered ia preparing t;~¢ final Coasou~;ned Plan One Year Action PIm~ FY 2~3-2~ Final 'sclinn Adoption et'Ibc Consolidaled Plan One Year Action Plan IFY 2003-2004) i; scheduled for April 22.2003 al a regular mcciine oF thc Board nf Coumv Commi;guners. ir you require special aid or scwices as addressed in the z~e~cans with Disabi~lies Acl ur require sombone to ~r;i[;sia~e or sig]~, plea~ tunturi the FAll uflk¢ at (239) 213-2937, no la~cr than ixvo ~21 days prior ~o the Public tlenring date. qtome Inveslmen~ Padnership~ Program UHOM E): At Ibis writing, ~HOME funds are ~ropo~ed for Collier Co~nly. Final apprnval rm this appr~priadnn is still pending from HUD. Parlicipad a P blka - Pr~e~ Para Coasalidar Ua Plan & l~nollo / El. Con~ de Collier esl ~11~ ~1 Ha~ C~li~do. Lrn PI~ ~.Acci n ~r u~ Au. El pt~ cunso~ [CP~ ~ ~queddo el ~mme~o ~ .VM~ y ~e~lb. U~aao de I~ Esmgs Uni~ IHUD. 'Et Plan Con~li~ es un d~umemo, q~ ~ u Fan difigir pr%~anm & vi~ienda~ para la plalificaci n & la c~ntmi&d ~ra el a o fi~al ~l-~. Las n~s dd Plan Coasdid ~: ~o~rd~r aaa vMe~ ~ecenle: ~o~c~ar un been ambieme: y que ampli ~ ~ni~ econ mi~J ~m I~ ~n~ mu? ~aj~ i~grt~, bain o ~n~. El Pbn de Acci n ~ an A o ~r ufili~do pan ~l~inar ~ en los ~ el a o fi~al tla~ a~ I~al~ a aproxim~ de 52.782.~ :n I~ ~on~'dfl Pro,ama ~' h C~nuni~d {CD,G). Algun~ de ~ aclivi~ ~ ~kgibks. ~m ~ eats limiladu ~: com~ & propie~d: ad~isi6 ~. conslmcci n- ~li~ci n o insmlaci a & facilidad~ p blicas y ~joamk~m: li~. ~mlici n, y eliminaci n~ conslmcd n y mejoramienlo: pmv~r ~nicios p blicos y-facili&& en cod~i&d con ~4 ~FR ~6 n ~70. A~oximadameme un I~ &l tulal asigna& ~e~ ~nefici~ ~r~ag & nivd & ing~ bain y m~n&. Ihy u~ pmpu~sla ~iaci n & lm'e~iones de Vivien& I'ItOME) pm~ se ha asi~a& $M5,~0 pan Ja hogm~ ~les y que'~e puc&n comp~r ~n fimilim d~ ~jo y may ~jo ing~. L~ ~o~ de IIOME Pmgmn~ & Vivi~ qae ~ ~n las n~esid~es I~es y las ~io6~. Las jufi~iccio~s p~ic~tes (P~ liege la ~e~bili~c &sitar d hogn~ HOUEm su I~alidad de~l~ & [~ regina e~ableci&s :n la ~gla fi~l 24 C~:~92. Algon~ include h reha~li~ci n ~ ~opielar~ue o de la vivien~, asis~e~qa de r~nla del inqoilino y ~is~encia cn el ~p ~m ~ pago. El lan~ ~ &~ inrt~ff~col~ar al h&) ~r Io ~nvs u~ 15% & su Io~1 ~ignado tu pmjecios que ~ p~opio~ ~r~ollad~ ~im ~r ~i~ci~es &l ~nollo & la Vivie~& Comunilma ICX~) s), ~ que ~sullar aen el &~m~llo y h ~si n & vivien~ uni~ ~ ~n~ Apmxima~meme nn 1~% ~ la asig~ci n ~ficiara a ~as ~ ~jo y muy bajo Jngreso. Mejomadefilo en drenaje- Ciu&d & hlar~dslaad ~lejommscnto de parques & r~-- Ciu&d & Naples A~uisid n de 6e~s ~ra d do~llo ~ vi6~n~s qua se puedan com~r S~e pan la ia~eslmctu~ de c~s qua s~ ~edan comp~r-lhb~al for llumanig ~ollo ~ Vkien~ ~ ~ ~dan cmnpra para ciu~ a~ianos-lmmokalee Ov~i a & Ia C~uai~d ~n el ~sanollo & VMen~/CR~} col~ar al lade Asi~e~ia & Rehab~limi n p~ la vwienda & una familia sencilla- ale&der del Conda~ Se~icio & ~ce~ ~i~ ~ ~giones mrales ~ist~cia para palos &ciene para vivien~s de familia ~nmlla Asiste~ia para el amn~mienlo ~do en la reda ~?~t~mientu y croci e & l~bajos dram&alee) Conm~i n & cent~ de activists ~m ci~nt~ anc~an~ S~ne y adi~tn~ienlo ~ mbajo Mia-staminate y Eds~aci n {Immokflce) 5isema de info.ct a ~m el manejo & ~mas sin vivien~ ~ni~i, & la comun{~d pa~ el de~IIo de vifien& {Cll~) u~rauvo Fedn & Vivien~- Edu=ci n Y Sunred ~ ~og~ ~ Pl~ifica~ n y A~inistmi n {CDBG) Pmgm~m ~ Pl~ific~i n y Administnci ~ PIIOblE~ Tofal S250.000 S350.000 - 5204.000 SI30,Q00 S S $ ada para Comenlarios P blines: Habr fin per ode para com:alarios del p blico des~ el 7 de Marzn de 2003 nasla el 7 de Abril de 2003 elacionadn al Plan de Mci~ un A o, Dumnte ¢sle ~r ~o naa copia pmliminar' del Plan tatar d~sponible ~ra ~r revisa& er to&s las biblio~cas p bbcas de Con~do & Collier ven la Adminislraei n Financiea y el Depanamen[o de Vivienda. 3050 N. Horseshtz Ddve. Suile'275. Napl Hn6~341~.ElCeadado&Collierresponaer ~rescrito. denbode 15das. alMosloscomenlari~recibidosporescrilo, ruder can~larim ddp ~lico ~ ~ co,sld~d~ para ~m~anr el linal kl Plan Coasdidad~Ua Plan dc Acd n ~r un A o d e ~' 2~3-2~ Acd n ?thai La aprnbaci n del Plan Cnnsolidadn. Uu Plan de Acci a ?or un A c, ia n fiscal 2002-200.I) sar pro.ummada para el 22 de Abri[ del 2003 ca una reani n regular de la 3unta & ~os Comisionados del Coa~da. Si usled aecesila a}uda asocial o se~icios diriffidos ~r El Ac Ameficano para Pem~nas con Oiscapaci&d o alguien nec~la qua se traduzca o el uso de lenguaje de se as. debe conladar a la oScina ( F,~II al a mere ]39-213-293L coo dos hms de anlici0ad a para el d a de la A,diencia P blka ~As~iacl a de In~emones de Vivienda I~HOME); En este escrito,, +HOME los fondus estan propueslos para el Cuadado de Collier. Aprovaci n final ca csla aproplad n t~dav a asia pendlenle del IIUD. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Flor/da; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) in the issue on March 6, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has h~retofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, m said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me re of notary public) o~r~,~. Donna Ch~sney '~°~''~'~ ~..~ My Cornmiss,on DO058336 ~ Expires September 1 I. 2005 PUBLIC NOTICE PUBLIC NOTICE P NO ¢OLL, IERCOUNTY, FLoRillA I /l,,1 tll citizen PartiCiPation - Consolidated Plan DevelOpment Process Colli'er County is developing the Consolidated Plan One Year Action Plan. The Consolidated Plan (CP) is required by the U.S. Department of Housing and Urban Development (HUD). The CP..is a document, which is used to guide housing Programs and non-housing community planning 'for fiScal year 2003-2004. The goals of.the CP are to: provide decent housing; provide a suitable living environment; and expand economic opportunities for very iow, Iow and moderate-income persons. The One-Year Action Plan will be used to' determine expenditures on program projects for fiscal year 2003-2004. ' - There will be an allocation of approximately $2,782,000 in Community Development Block Grant (CDBG)funds. Eligible activities include, but are not limited to: acquisition of re~.l property; acquisition, construction, rehabilitation or installation of public facilities and improvements; clearance~ demolition, and removal of building and improvements; and provision of pUblic services and facilities in accordance with 24 CFR § 570. APproximately 100% of the total allocation will benefit Iow and moderate-income persons. There is a.proposed Home InveStment Partnerships (*HOME) program allocation of $745,000 to expand the supPly of decent, affordable housing for Iow and very Iow-income families. *HOME funds must be used for housing programs that meet local n~eds and priorities. Participating Jurisdictions (PJ) have flexibility in designing their local *HOME programs within the guidelines established by Final Rule 24 CFR § 92, Possible activities include rehabilitation of owner-occupied homes, tenant-based rental assistance, and down payment assistance. A PJ-must also invest (set aside) at least 15 percent (15%) of its total *HOME allocation in projeCts· that are owned, developed or sponsor~ed by Community Housing Development' Organizations. (CHDO's), and whiCh result in the development of homeownership or rental units. Approximately 100% of the total allocation will benefit Iow and very-low income persons. The proposed One Year Action Plan for fiscal year 2003-2004 includes the following activitieS: Storm Drainage Improvement - City of Marco Island $250,000 $250,000 Park Improvement - City of Naples ·.,.. Affordable Housing Development Land Acquisition $350,000 Affordable Housing Infrastructure su~pport 'Habitat for Humanity $700,000 .Senior Citizen Affordable Housing Development (Immokalee) $275,000 Community Housing Development Organization (CHDO) set-aside $204,000 Single-family Housing Rehabilitation Assistance -Countywide $200,000 Rural Prescription Medication' Service : $130,000 Single-family Housing Down Payment Assistance - Countywide $100,000 Tenant Based Rental Assistance - County~vide $100,000 Job Creation and Training (Immokalee) $100,000 Senior Citizens Activity Center Construction $. 83,000 Job Training and Support (Immokalee) $ 60,000 Education & Training (Immokalee) $ 54,000 Homeless'Management Information System $ 50,000 Community Housing Development Organization (CHDO) operating $ 37,000 Fair Housing- Education and Outreach $ 3,000 Program Planning and Administration (CDBG) $480,000 Program Planning and Administration (*HOME) $ 74,000 Total .~3~527~000 Public Comment Period There will be a public comment period from March 7, 2003 to April 7, 2003 regarding the One Year Action Plan. During this period, the draft Plan Will be available for review in all of the County's public libraries and in the Financial Administration & Housing Department office loCated at 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 34104. The CP is available in a format accessible to persons with disabilities upon request {239-213-2937). The County will respond within 15 days, in writing, to all written comments. All comments from citizens will be considered in preparing the final Consolidated Plan One Year Action Plan FY 2003-2004. Final Action Adoption of the Consolidated Plan One Year Action Plan (FY 2003-2004) is scheduled for April 22, 2003 at a regular meeting of the Board of County Commissioners. If you require special aid or services as addressed in the Americans with Disabilities Act or require someone to translate or sign, please contact the FAH office at (239) 213-2937, no later than two (2) days prior to the Public Hearing date. *Home Investment Partnerships Program (*HOME): At this writing, *HOME funds are 'proposed' for Collier Count. Final approval on this appropriation is still pending from HUD. 17F "! NAPLES DAILY NEWS Published .Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) 'in the issue on March 6, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( SignatuSre of affian Sworn to and subscribed before me 6th da~ of March, 2003 '(S~gnature' of ~otary public)~ ~ ~. Do,,na Chesney kJ , ~ _- My Commission DOO~6oo6 ~c, .,$ · · ~oa~ Expires Sepi[ember t'1, 2005 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NQT~CE i '/F COLLIER COUNTY, . FLORIDA O Participaci6n Ptiblica - ProcesO Para EOU^L .o.s~.o Consolidar Un Plan de Desarrollo OPPORTUNITY El Condado da Collier estb dasarrollando El Plan Consoiidado-Un Plan de Acci6n per un A~o. I=1 plan consolidado (CP) es requarido per el Departamento de ¥i¥ianda y Desarrollo Urbane de, los Estados Unidos (HUD. El Plan Consolidado es un documento, qua se utiliza para didgir programas de vivienda y Para la planificacl6n de la comunidad para el a~o fiscal 2003-2004.. Las metas del Plan Consolidado son: proporcionar una vivlenda decente; proporcionar un buen ambientb; y qua amplib las oportunidades econ6micas para las personas de muy bajo ingreso, bajoo moderado. El Plan de ACci6n de un ARe serb utilizado para determinar gastos en los proyectos del programa per el a~o fiscal 2003-2004. : '. -.. ' · . . Habrb una Iocalizaci6n aproxlmada de $2,782,000 en los rondos del Programa de la Comunidad {CDBG). Algunas de las actividades qua son elegibles, pare no est~.n limitadas para: compra de propiedad; adquisici6n, constmcci6n, rehabilitaci6n o instalaci6n de facilidades pOblicas y mejoramiento; limpieza, demolici6n, y eliminaci6n de construcci6n y mejoramier~to; proveer servicios p[3blicos y facilidades en conformidad con 24 CFR secci6n 570. Aproximadamente un 100% del total asignado pueden benef c ar personas de nivel de ingreso bajo y moderado. Hay una propuesta Asociacl6n de Inversiones .de Vivienda (*HOME) programa se ha asignado $7451000 para la eXpansl6n,'para proveer hogares detentes y qua se puedan comprar para famlllas de bajo y muy bajo ingreso. Los rondos de HOME deben sar usados para Programas de Vivienda que re[3nan las necesidades locales y las prioridades. Las jurisdiCciones particlpantes (PJ) tienen la flexibilidad de designar el Programa HOME en su Iocalidad dentro de las reglas establecidas en la regla final 24 CFR § 92. Algunas posibles actividades incluye la rehabilitaci6n de propietario-due~o de la vivienda, ~sistencia de renta del inquilino y asistencia en el del;t6sito de page. El PJ tambi~n debe invertir (colocar al lade) per Io menes un 15% de su total asignado en prOjectos qua son propios, desarrollado.~ patrocinados per organizaciones del Desarrollo de la Vivienda Comunitada (CHDO"s), y qua reSultarfa en el desarrollo y la posesi6n de vivienda o unidad de renta. Aproximadamente un 100% de la asignaci6n beneficiara a personas de bajo y muy bajo ingreso. Mejoramiento en drenaje - Ciudad de Marco Island $250,000 Mejoramiento de parques de recreo - Ciudad de Naples $250,000 AdquisiciOn de tierras para el desarrollo de vlviendas qua se puedan comprar $350,000 Soporte para la infraestructura de casas qde~se puedan comprar-Habitat for Humanity $700,000 Desarrollo de Vivienda qua se puedan comp~ar para ciudadanos ancianos-lmmokalee $275,000 Organizacibn de la Comunidad para et Desarrollo db Vivienda (CHDO) colocar al lade $204,000 Asistencia de Rehabilitaci6n para la vivienda de una familia sencilla- alrededor del Condado $200,000 Servicio de recetas medicas en regiones rurales $130,000 Asistencia para gastos de cierre para vivlendas de familia sencilla $100,000 Asistencia para e arrendamiento basado en la renta $100,000 Adiestramiento y creaci6n de trabajos (Immokalee) $100,000 . Contrucci6n de centre de actividades para ciudadanos an?lanes $ 83,000 Soporte y adiestramiento de trabajo $ 60,000 Adiestramiento y Educaci6n (Immokalee) $ 54,000 Sistema de informaciOn para el manejo de personas sin vivienda $ 50,000 Organizaci6n de la comunidad para el desarro!lo de vivienda (CHDO) operative $ 37,000 Feria deVivienda- Educaci6n y Superaci6n $ 3,000 Programas de Planificaci6n y Administraci~n (CDBG) $480,000 Programa de Planificaci6n y Administraci6n (*HOME) ' $ 74~000 Total $3~527~000 Periodo para Comentarios P~blicos: Habrb un perfodo para comentarios del p[3blico desde el 7 de MarZo de 2003 haste el 7 de Abril de 2003 relacionado al Plan de Acci~n per un A~o. Durante este per[ode una copia preliminar del Plan estarb disponible para ser revisada en todas las bi. bliotecas pQblicas del Condado de Collier yen la Administraci6n Financiera y el Departamento de Vivienda, 3050 N. Horseshoe Drive, Suite 275, Naples, Florida 34104. El Condado de Collier responderb per escrito, dentro de 15 dias, a todos los comentarios recibidos per escrito. Todo los comentarios del p~blico ser~n ccnsiderados para preparar el final del Plan Consolidado-Un Plan de AcciOn per un A~o de FY 2003-2004. Acci~n Final 'La aprobaci6n del Plan Consolidado-Un Plan de Acci~n per un A~o (aRe fiscal 2002-2003) serb programada para el 22 de Abril del 2003 en una reunibn regular de la Junta de los Comisionados del Condado. Si usted necesita ayuda especial o servicios dirigidos per El Acto Americano para Personas con Discapacidad o alguien necesita que se traduzca o el uso de lenguaje de se~as, debe contactar a la oficina de FAH al n~mero 239-213-2937, con dos heres de anticipaci~n pare el die de la Audiencia Pt~blica. · Asociaci6n de Inversiones de Vivienda (*HOME): En este escrito,, *HOME los fondos estan "propuestos' para el Condado de Collier. Aprovacibn final en esta apropiaci~n todavia esta pendiente del HUD. No. 99707335 March 6~ 2003 8.0 USER GUIDE Basis of the Consolidated Plan and Annual Action Plan The United States Department of Housing and Urban Development (HUD) requires documentation to maintain annual entitlement funding for Collier County from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program. The Annual Action Plan describes actions related to the announced entitlement funds for that year. In 2001, Collier County submitted the FY 2001-2005 Consolidated Plan, which serves as a five-year strategic guideline for the annual plans. The five-year Collier County FY 2001-2005 Consolidated Plan is available at all branches of the County's Library and at the Collier County Financial Administration and Housing Department, 3050 North Horseshoe Drive, Suite 275, Naples, Florida, 34104. Audiences Federal regulations and HUD guidelines define the required information and suggest formats. HUD and Collier County encourage the circulation of the documents to audiences throughout the county. It is believed that citizens and neighborhood groups as well as public, private and non-profit agencies can make use of the document and its information on Collier County needs, objectives and strategies. This document attempts to present information in a format that is easily readable by the public audience. Format Section Executive Summary for the Action Plan Citizen Participation Process Five-Year Strategic Plan One-Year Action Plan & Projects Beginning Page Number 1 10 29 Certifications 69 Appendices 78 Consolidated Plan One-Year Action Plan FY 2002-2003 Collier Cotm~. Florida 86 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 17F HI-00515R of 20515R 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3. Grantee's 9-digit Tax ID Number 4. Date use of funds may begin Collier County 59-6000558 (mm/dd/yyyy) 07/01/2003 5a. Project/Grant No. 1 6a.Amount Approved B-03-UC-12-0016 $2,778,000.00 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 3301 E. Tamiami Trail Naples, FL 34112 5b. Project/Grant No. 2 6b. Amount Approved 5c. ProjecVGrant No. 3 6c. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title [ and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name . Title. ate(~/dd/,yy) Sig~ ~ ' Date (mm/dd/wyy) , ~/~ ~ ~~~ J 10. chock one -- ~ SpeCial Condition~ (ch4ck one) (mm/dd/yyyy) 05/0~003 ~ a. Orig. Funding 9b. Date Grante~ Notified ~ Approval (mm/dd/ww) I ~ . . ~ ~ b. Amenamem ~ ~ J Amendmen~ Number (mm/dd/wyy) 07/01/2003 J Ann D. Chavis Title Acting Direr, Comm~ity Planning and Development Division [] None [] Attached 7. Category of Title I Assistance for this Funding Action (check only one) [] a. Entitlement, Sec 106(b) [] b. State-Administered, Sec 106(d)(1) [] c. HUD-Administered Small Cities, Sec 106(d)(2)(B) [] d. Indian CDBG Programs, Sec 106(a)(1) [] e. Surplus Urban Renewal Funds, Sec 112(b) [] f. Special Purpose Grants, Sec 107 [] g. Loan Guarantee, Sec 108 12a. Amount of Loan Guarantee Commitment now being Approved 11. Amount of Community Development Block Grant FY (yyyy) a. Funds Reserved for this Grantee b. Funds now being Approved c. Reservation to be Cancelled (11a minus 11b) Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. FY (yyyy) 2003 $2,778,000. FY (yyyy) 12b. Name and complete Address of Public Agency 12c. Name of Authorized Official for Designated Public Agency Title Signature Date (mm/dd/yyyy) HUD Accounting use Only TAC ~[~~~ Y A ~ Area DocumentNo. ProjectNumber IIII Y ir°ii°t Nimbir __/- ir°iict Tbir Amount Amount Date~.,PAS (mm/dd/yyyy) /Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By ....... "" DWIGHT E. BROCK, CLERK 24 CFR 570 Oep~Ole~ Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB Approval No. 2506-0171 (Exp. 03/31/2005) Public reporting burden for this collection cf information is estimated to average I hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 1. ParticipantNameand Address Collier County 3301 E. Tamiami Trail Naples, FL 34112 2. ParticipantNumber M-03-UC-12-0217 3. Tax Identification Number 59-6000558 4. Appropriation Number 86-3/50205 5. FY (yyyy) 2003 6.a.Previ°USFormulaObligati°nFunds (Enter "0" for initial FY allocation) $ b. Community Housing Development erg. (CHDO) Competitive $ 7, Current Transaction (+ or-) a. Formula Funds 1. CHDO (For deobligations only) 2. Non- CHDO (For deobiigations only) b. CHDO Competitive Reallocation or Deobligation I $ 793,929 $ 10. Date of Obligation (Congreeeional Release Date) (mm/dd/y~/y) 0'//07/2003 8, Revised Obligation a. Formula Funds b. CHDO Competitive Reallocation 9. Special Conditions (check applicable box) []Not applicable DAttached This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions, constitute part of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Judsdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CF~.R Part 58p/ 11. For the U.S. Department of HUD (Name and Title of Authorized Official) 14. For the Participating Jurisdiction/Entity (Name and Title of Authorized / 15.j~ature /// Official) I V./_ Honorable Tom Henning,Board of County Cc~maission~J~ 17. Check one: ~lnitial Agreement [] Amendment # 13. Date 1 fi. Date _. ,.e ,,*.,.r.;.~, DWIGHT E. BROCK, C~K form HU~? Deputy Clerk RESOLUTION NO. 2003 -: i 5 6 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR, AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Housing and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; 17F NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan £or Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding Page I of 3 authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME~P,rograms. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreement for all CDBG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dollar amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agreements will come before the BOARD separately for approval. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity pf the remaining portions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. .7F Page 2 of 3 17F This Resolution adopted this twenty-second day of :April 2003, after motion, second and majority vote favoring same. DVC}(~IT.'-F_/,i 'BRO~,?LERK ~ncy: P~rick G. ~e' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIE~UN~~LORIDA By: "~/~/"-'~ ~F %-~ · TOM HENNING, CHAIRM,4~ /d-22-o3 Slate of FLORIDA County of GOLLJER ...... correct copy O~ a dOCt!m~t Board Minuta~ and a~'~t DWIGHT E. BROCK, C~R~ ~~.,- Page 3 of 3 tandard Form 119gA (EG) (Rev. June 1987) Prescribed by Treasury Department Treasury DepL Cir. 1076 :: ./ A stant County A orne¥ '%-.D REC ,'DEPOSIT SIGN-UP FORM DIRECTIONS To ~gn up for Direr ~po~t, t~ payee is to read the ba~' of this form a~ fill in the info~ation req~ in Se~ions 1 and 2. Then ~ke or mail this ~ to t~ fina~al in~t~ion. ~e fina~ial instit~ion will ver~ the information in S~ions 1 and 2, and will complete Se~n 3. ~ ~mpl~ed form will be r~u~d to t~ Go~rnment age~y ide~ ~w. · A separate form must be completed for each type of payment to be sent by Direct Deposit. ONIB No. 15100007 · The claim number and type of payment are printed on Government checks. (See the s~:~e~pleonChbe~enke~on~. _t~_' information is also ba~..k o.f this form.) This ~','~-~,-'ryrannu~tant award letters and other documents from the Government agency. · Payees must keep the Government agency informed of any address changes in order to receive important information about benefile and to remain qualified for payments. Collier SECTION 1 (TO BE COMPLETED BY PA YEE) ~FDEPOSITORACOOUNT~ CHECKING ~ SAVINGS ADDRESS (street, route, P.O. Bo"--"~""--'--'--'-~, ~ 3301 ~.. ?aacLa~L:L '1'::a~1 CITY STATE ZIP COD-'~"~"~ N&~lea ~,r. 34112 ,,, TELEPHONE NUMBER AREA CODE (239) 659-5'750 NAME OF PERSON(S) ENTITLED TO PAYMENT Collie~- Com3~ CLAIM ~ Prefix 59-6000558 Suffix PAYEE/JOINT PAYEE CERTIFICATION ~OR ACCOUNT NUMBE'~'~---'~ [] Social Security [] Fed. Salaw/Mil. Civilian Pay [] Supplemental Security Income [] Railroad Retirement [] Civil Service Reliremenl (OPM) [] VA Compensation or Pension ~FOR ALLOTMENT [] Mil. Active [] Mil. Retire. [] Mil. Sun~ivor [] Olher JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) certify that I a~ entitled to th~ payment identified above, and that I have read and un~l~rstood the~bjIck of this form. In signing this form, I authoriz~yment to~l~l~,l~ent to the fin~lncial institutio to be deposi cl_ to the d~s' ated -,~ n named below ~,~ n~meo DelOW SIGNATURE ~ I certify that I have read and understood the back of this form, including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. ~-~ ....... ?E..C_TION 2 (TO BE COMPLETED BY P~A~N_.O._!A.L_ INSTITUTION) GOVERNMENT AGENCY NAME GOVE~ 909 B~ ~':Lz',.Ir. Avemze U.S. DeparP~aen~ o£ Houa~ng and U~ban Developmen~ 8U4te 500 t~.aat:[, FL 33131 ~TION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION NAME AND ~.I_V.~_'~L INSTITUTION) ~,,t_Nat_~lonal Bank o£-~aples I~-~-ll~U~~r..~ ,..__.__ ~ Naples, FL 34102 ~~ ~ ~ oOm~ ~he ~de~y of ~ above-~amed Dayee(s) snd ~be a~ount num~ add fitie. As ~eD~nts~ive of~ above-~med ~aoc~a; }ost~ufio~,; THE FINANCIAL Financial insli/utions should refer to the GREEN BOOK I'or further instructions. INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 7540-01.058.Ca24 GOVERNMENT AGENCY COPY 1199-207 Designed using Perform Pro. WHS/DIOR. Mar 97 I?F RESOLUTION NO. 2003 -! i ~ 6 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA.. APPROVING THE FISCAL YEAR 2003-2004 COLLIER COUNTY CONSOLIDATED PLAN ONE-YEAR ACTION PLAN, FOR COMMUNITY .DEVELOPMENT BLOCK GRANTS (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AUTHORIZING NECESSARY CERTIFICATIONS, APPROVING EXECUTION OF CDBG SUB- RECIPIENT AGREEMENTS BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES (CDES) DIVISION ADMINISTRATOR. AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND. URBAN DEVELOPMENT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (hereinafter HUD) in 24 C.F.R. 91 requires a Consolidated Plan One-Year Action Plan to be developed to represent a submission for planning and funding'for the Department's Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program. WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low and moderate-income persons; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year' Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted January 9, 2001; and WHEREAS, the Consolidated Plan One-Year Action Plan will serve as: a planning document for Collier County (which builds on a participatory process at the lowest levels), and an application for federal funds under the U. S. Department of Hous!ng and Urban Development (HUD) formula grant programs, a strategy to be followed in carrying out the HUD programs, and an action plan that provides a basis for assessing performances; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners of Collier County approves the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG and HOME Programs, which is attached and incorporated herein by reference, and authorizes the Department of Financial Administration and Housing (FAH) to transmit the Plan to the proper funding Page I of 3 17F authority and take the necessary actions for implementation of the CDBG and HOME programs. The Chairman of the Board of County Commissioners is authorized to execute certifications pertaining to the Consolidated Plan One-Year Action Plan on behalf of the County. Section 4.0 of the One-Year Action Plan sets forth the detailed dollar amounts for each Activity to be funded by the CDBG and HOME, P,rograms. A copy of the Activities and total CDBG and HOME funding is set forth in Exhibit "A", attached and incorporated by reference. Accordingly, the individual Activity's Sub-Recipient Agreen~nt for all CDB(3 projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and County purpose. Based on these findings, the Community Development and Environmental Services Administrator is authorized to execute the CDBG Sub-Recipient Agreement to implement each such Activity, so long as: 1) the form of each such Sub-Recipient Agreement conforms to the form of the attached blank form, Exhibit "B", adopted and incorporated by reference, and 2) the dolla~ amount of each Activity for the corresponding then completed Sub-Recipient Agreement is as set forth in the adopted portion of Section 4.0, referenced above. HOME Activities identified in Section 4.0 of the One- Year Action Plan requiring Contracts or Agree,ments will come before the BOARD separately for approval. SEVERABIL1TY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity ~of the remaining pox~ions of this Resolution. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. Page 2 of 3 17F This Resolution adopted this twenty-second day of :April 2003, after motion, second and majority vote favoring same. -4 '~' ""I'*'''':~:;~''~;':''igt'! Approvel' .~ast~o~rm ai~c~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLL~UN~IDA TOM HENNING, CHAIRM~ state of FLORIDA " County of GOLLIER ....... .., , ! HEREBY CERTIFY THAT. tf~isla'at Board Minutes and'R~ WITNESS my hatad a~[~f~.i Page 3 of 3 3274507 OR: 3416 PG: 2986 CLERK TO THE BOARD RECORDED in the OFFICIAL HCORD$ of COLLIER COUNTY, PL I}I?ERO~HC] iTH FLOOR 10/08/2003 at 10:58AM DWIGHT ~, BROCK, CLERK AG~EMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUMAN SERVICES DEPARTMENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this ~/.~t- day of ,Z)g~:/-- 200.ff by and between Collier County, a political subdivision of the State of Florida, hereinalter referred to as "COUNTY," and the Collier County Human Services Department, having its principal address at 3301 Tamiami Trail East, Naples, FL 34112, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Collier County Human Services Department Page 1 of 20 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Human Services Department. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective timely release the latest date completed in completed by date of this Agreement and all rights and duties designated hereunder are contingent upon the of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and light of the purposes of this Agreement. In any event, all services required hereunder shall be the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of Collier County Human Services Department Page 2 of 20 this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $130,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Human Services Department Page 3 of 20 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Collier County Human Services Department Page 4 of 20 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." Collier County Human Services Department Page 5 of 20 OR: 3416 PG: 2991 17F This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. D. AMENDMENTS Eo Fo The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Collier County Human Services Department Page 6 of 20 Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -102 (Grants and Cooperative Collier County Human Services Department Page 7 of 20 Co Do Agreements with State and Local Governments) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBREC1PIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-102, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. Collier County Human Services Department Page 8 of 20 OR: 3416 PG: 2994 17F F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (0 All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. Collier County Human Services Department Page 9 of 20 IX. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Collier County Human Services Department Page 10 of 20 OR: 3416 PG: 2996 17F D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will can'y out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drag- free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. Collier County Human Services Department Page 11 of 20 H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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. o The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. Collier County Human Services Department Page 12 of 20 B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). Collier County Human Services Department Page 13 of 20 OR: 3416 PG: XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty (20) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this,~jzday of ,20 c>$ COLLIER COUNTY HUMAN SERVICES DEPARTMENT IC Approved as to form and legal sufficiency: Patri~k"~'~ White Assistant County Attorney ~IN BY' ISTRATOR, [ ~/OMMUNITY DEVELOPMENT & k/ENVIRONMENTAL SERVICES Collier County Human Services Department Page 14 of 20 EX[IIBIT "A' SCOPE OF SERVICES OR: 3416 PG: 3000 17F Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project is the expansion of an existing prescription medication program by the Collier County Human Services Department. Currently, Collier County Government provides assistance to eligible indigent residents as required by Florida Statute. The service provides emergency/short-term pharmacy assistance to persons at or below poverty level with no method for payment. The CDBG funds will provide prescription service to approximately 325 additional low- moderate income individuals. The county-wide service will depend on referrals of eligible beneficiaries from a network of doctors, social service agencies, clinics, etc. Beneficiaries will be income-qualified using HUD income guidelines. No client may receive the same prescription more than three (3) times. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Co BUDGET: Line Item: CDBG Funds Other Prescription Medication Services $130,000 $130,000 Total $260,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. Collier County Human Services Department Page 15 of 20 DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Notification of Availability of Service September, 2003 Screening Applicants for Eligibility September, 2003 50% of Funding Expended January 15, 2004 100% of Funding Expended June 15, 2004 Please note that if any of these activities exceed the timeline by two months, a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Human Services Department Page 16 of 20 OR: 3416 PG: 3002 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SubrecipientName: SubrecipientAddress: Project Name: 17F Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator __ Supervisor Dept Director Signature Date Title Collier County Human Services Department Page 17 of 20 EXHIBIT "C" OR: 3416 PG: 3003 17F CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10tn of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Activity Number Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Collier County Human Services Department Page 18 of 20 OR: 3416 PG: 3004 17F 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low lncome Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Collier County Human Services Department Page 19 of 20 *** OR: 3416 PG: 3005 *** Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicit¥ Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Collier County Human Services Department Page 20 of 20 3274508 OR: 3416 PG: 3006 CLERK TO THE BOARD RECORDED in the OFPICIAL RECORDS of COLLIER COUNTY, FL INT~R0~FIC~ 4TH FLOOR 10/08/2003 at 10:58AM DWIGHT E. BROCK, CLERK BXT 72~0 AGREEMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03 -UC- 12-0016 THIS AGREEMENT, is entered into this /~ .-,A/.q day or ~.~ _~d--~,~ ~;e~r~ 20/_~ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Empowerment Alliance of Southwest Florida Community Development Corporation, a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 640 North Ninth Street Immokalee, FL 34142, and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Empowerment Alliance of Southwest Florida Community Development Corporation Page 1 of 21 OR: 3416 PG: WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means the Empowerment Alliance of Southwest Florida Community Development Corporation. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. Bo03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Empowerment Alliance of Southwest Florida Community Development Corporation Page 2 of 21 OR: 3416 PG: 3008 The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. Bo COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Empowerment Alliance of Southwest Florida Community Development Corporation Page 3 of 21 OR: 3416 PG: 17F 3009 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. o 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Empowerment Alliance of Southwest Florida Community Development Corporation Page 4 of 21 Co 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. OR: 3416 PG: 3010 Revised Order Number 4 Regulations that establish 1 s for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-Il0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." Empowerment Alliance of Southwest Florida Community Development Corporation Page 5 of 21 17F " 3416 PG', 3011 Do This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, aris. in.g during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. Go TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. Empowerment Alliance of Southwest Florida Community Development Corporation Page 6 of 21 OR: 3416 PG: 3012 17F TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBREC1PIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. Empowerment Alliance of Southwest Florida Community Development Corporation Page 7 of 21 OR: 3416 PG: 3013 ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at Empowerment Alliance of Southwest Florida Community Development Corporation Page 8 of 21 Co any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. Fo PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and Empowerment Alliance of Southwest Florida Community Development Corporation Page 9 of 21 (f) '3 OR: 34i6 O]f. All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAIt Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-! 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are Empowerment Alliance of Southwest Florida Community Development Corporation Page 10 of 21 OR: 3416 PG: 3016 completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts ~th~Cgt~.?:~,l~ and determining the custodianship of records, j, ~r [, i,~:? ~ IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions Empowerment Alliance of Southwest Florida Community Development Corporation Page 11 of 21 OR: 3416 PG: 3017 of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). Go DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Empowerment Alliance of Southwest Florida Community Development Corporation Page 12 of 21 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 of a 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECI?IENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations Empowerment Alliance of Southwest Florida Community Development Corporation Page 13 of 21 :3"416 PG: 3019 at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. XlII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Empowerment Alliance of Southwest Florida Community Development Corporation Page 14 of 21 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this/~o../~ day of ~_,~ (SUBREC1PIENT SEAL) EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT Approved as to form and legal sufficiency: -~q Patrick.. White Assistant County Attorney COLLIER COUNTY, FLORIDA / JO/SEPH K. SCHMITT, ADMINISTRATOR, I C~MMUNITY DEVELOPMENT & k.~WIRONMENTAL SERVICES Empowerment Alliance of Southwest Florida Community Development Corporation Page 15 of 21 ?F 0R 3416 PG: 3021 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROGRAM DESCRIPTION: This project involves funding to coordinate and manage a youth employment program in Immokalee. The program will serve 20-25 teenagers between the ages of 14 and 19. The youth will work in non- profit and government agencies. They will also attend weekly training sessions on employability and life skills covering items such as interviewing, customer service, handling a paycheck and opening a bank account. The administrator of the program shall be facilitated by a sub-contractor or the hiring of a part-time Coordinator. The program administrator will establish the policies and procedures for the operation/responsibilities of student participants and employers. PROJECT SCOPE: Applicant Selection: 1. Students must be between the ages of 14 and 19. 2. The anticipated annual households income of the student shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). Wages: 1. Students shall be compensated at a rate equal to or above the minimum wage. 2. The SUBRECIPIENT shall be responsible for the compensation process and State and Federal payroll and tax return compliance. Employer Responsibilities: 1. Non-profit organization and government agency employers shall assign a supervisor to each student participant. 2. The employer shall submit attendance reports. 3. The employer shall allow student participants to attend SUBRECIPIENT workshops/training sessions. 4. The employer shall comply with State and Federal Child Labor Laws, if applicable. Program Administrator/Coordinator: 1. Coordinator shall process applications, determine eligibility, and assign student participants to employers. 2. Coordinator shall process timesheets for reimbursement. 3. Coordinator shall develop workshops/training sessions. 4. Coordinator shall submit a monthly report by the 10th day of the month following the reporting month. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Empowerment Alliance of Southwest Florida Community Development Corporation Page 16 of 21 BUDGET: Line Item: CDBG Funds Wages Accounting Expenses Educational Excursion Program Administration $40,000 $ 2,000 $ 2,000 $ 6,000 Total $50,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. FORMER PROJECTS: failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. E. WORK SCHEDULE: The timeframe for completion of the outlined activities is September 30, 2004. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the forma of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. The reports shall be submitted by the 10th day of the month following the reported month. Empowerment Alliance of Southwest Florida Community Development Corporation Page 17 of 21 OR: 3416 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. PG: 3023 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title 1 ?F" Empowerment Alliance of Southwest Florida Community Development Corporation Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Empowerment Alliance of Southwest Florida Community Development Corporation Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "l." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (3 !-50%) Empowerment Alliance of Southwest Florida Community Development Corporation Page 20 of 21 OR: 3416 PG'. 3026 *** Subrecipients must indicate total beneficiaries for Race AND Ethnici~, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Empowerment Alliance of Southwest Florida Community Development Corporation Page 21 of 21 3274509 OR: 3416 PG: 3027 CLERK ?O ?HE BOARD RECORDED in the O~HCIAL RECORDS of COALIER COUN?¥, ~L IN?lltO~,ICl 4THFLOOR I0/08/~003 at lO:58AM DWIGHT E, BROCK, CLERK 1 F~ ~T 7~0 AG~EMENT BETWEEN COLLIER COUNTY AND EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this /o~¢h day of .~e-~-~Jg~r~ 20a~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Empowerment Alliance of Southwest Florida Community Development Corporation, a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 640 North Ninth Street Immokalee, FL 34142, and its Federal Tax Identification number as 59-3682139, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Empowerment Alliance of Southwest Florida Community Development Corporation Page 1 of 21 OR: 3416 PG: 3028 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means the Empowerment Alliance of Southwest Florida Community Development Corporation. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H Empowerment Alliance of Southwest Florida Community Development Corporation Page 2 of 21 17F 3416 ?G: 3029 below. IV. CONSDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $54,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAIl Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Empowerment Alliance of Southwest Florida Community Development Corporation Page 3 of 21 17F q OR: 3416 PG: 3030 o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Empowerment Alliance of Southwest Florida Community Development Corporation Page 4 of 21 1 7F 3 116 ?G: 3o31 Co 18. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations coveting standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the Empowerment Alliance of Southwest Florida Community Development Corporation Page 5 of 21 minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontract:ed by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arisin.g during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. Go TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. Empowerment Alliance of Southwest Florida Community Development Corporation Page 6 of 21 Ho 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. Empowerment Alliance of Southwest Florida Community Development Corporation Page 7 of 21 3416 ?G: 3034 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at Empowerment Alliance of Southwest Florida Community Development Corporation Page 8 of 21 any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH it' requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and Empowerment Alliance of Southwest Florida Community Development Corporation Page 9 of 21 All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are Empowerment Alliance of Southwest Florida Community Development Corporation Page 10 of 21 OR: 3416 PG: 3037 completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. Do PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions Empowerment Alliance of Southwest Florida Community Development Corporation Page 11 of 21 17F' ?G: 3038 of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Eo CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). Go DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Empowerment Alliance of Southwest Florida Community Development Corporation Page 12 of 21 OR: 3416 PG: 3039 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 of a 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations Empowerment Alliance of Southwest Florida Community Development Corporation Page 13 of 21 3416 PG: 3040 at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. XIII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING Empowerment Alliance of Southwest Florida Community Development Corporation Page 14 of 21 This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this l~-k~ day of ,5~/o-/-~t>~fo~t~ ,2003. (SUBRECIPIENT SEAL) EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DE~PMENT CORPORATION ,~&maroved as to form and le ~suf 'enc~.~ t Patrick G. White' Assistant County Attorney COLLIER COUNTY, FLORIDA )OSEPH I~. SCHMITT, fff)MINISTRATOR, / / ~COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Empowerment Alliance of Southwest Florida Community Development Corporation Page 15 of 21 OR: 3416 PG: 3042 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any .sub-consultants, which shall be funded as reimbursable under the consultant's contract for serwces. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: This project involves funding to expand the scope of services offered at the intergenerational "Family Nights" and to make them available to elementary schools serving Immokalee, doubling the number of families served. The expanded activities will include the dissemination and explanation of various resources available within the community, and outreach workers who will do referral and follow-up with families using those services: health education and screening; vocational opportunities; available housing in the community; credit counseling; and mortgage counseling. There are eight (7) schools in the program in Immokalee and "Family Nights" are scheduled at each school, for a total of 96 family nights. Each "Family Night" will last from 5 to 9 p.m. and will include dinner (an important component for working families to encourage their participation). The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Staffing: Teachers $11,520 Aides (4) $15,790 Coordinator/Outreach Workers $11,800 Printing & Educational Materials/Resources $12,390 $ 3,070 Food/Incentives $48,000 Building/Utilities/Custodial $19,200 Fiscal Agent $ 2,500 $ 2,500 Transportation $13,000 Subtotal $54,000 $85,770 Total $139,770 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Empowerment Alliance of Southwest Florida Community Development Corporation Page 16 of 21 Fo Go Jo Ko STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. Teachers will be paid $20 per hour for 96 Family Nights (approximately 4 hours each) Aides will be paid $10 per hour for 96 Family Nights (approximately 4 hours each) Coordinator/Outreach Worker will be a contract position (s) capped at $11,800. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Planning Completed September, 2003 Coordination of Sites Completed October, 2003 Implementation October, 2003 - May, 2004 50% of funding expended February 15, 2004 100% of funding expended June 15, 2004 Please note that if any of these activities exceed the titneline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the fi~rm of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Empowerment Alliance of Southwest Florida Community Development Corporation Page 17 of 21 3416 PG: 3044 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator __ Supervisor Dept Director Signature Date Title Empowerment Alliance of Southwest Florida Community Development Corporation Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Empowerment Alliance of Southwest Florida Community Development Corporation Page 19 of 21 New contracts executed this month (if applicable): 3416 ?G: 3046 Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted,, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low lncome Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Empowerment Alliance of Southwest Florida Community Development Corporation Page 20 of 21 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Empowerment Alliance of Southwest Florida Community Development Corporation Page 21 of 21 3274510 OR: 3416 PG: 3048 CLERK TO THE BOARD R~CORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROPPICN 47H FLOOR 10/08/2003 at 10:58AM DWIGHT N. BROCK, CL~RK EXT 7;'40 ACREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC- 12-0016 THIS AGREEMENT, is entered into this /;:¢'7t- day of/~__~Tt'~,b~-~ 20~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Collier County Hunger and Homeless Coalition, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 04-3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Collier County Hunger and Homeless Coalition, Inc. Page 1 of 21 :3B!6 PG: 3049 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks ne.cessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Collier County Hunger and Homeless Coalition, Inc. Page 2 of 21 17F J416 PG: 3050 IV. CONSDERATION AND IJMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. Bo COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Collier County Hunger and Homeless Coalition, Inc. Page 3 of 21 o 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 10. 11. 12. 13. 14. 15. 16. 17. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Collier County Hunger and Homeless Coalition, Inc. Page 4 of 21 R:'3416 PG: 3052 18. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract heretmder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." Collier County Hunger and Homeless Coalition, Inc. Page 5 of 21 Do Eo This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBREC~IENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBREC1PIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. Collier County Hunger and Homeless Coalition, Inc. Page 6 of 21 17F 0R: 3416 PG: 3054 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBREC1PIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". Collier County Hunger and Homeless Coalition, Inc. Page 7 of 21 3416 PG: 3055 The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF iNSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBREC1PIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. iNDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records tbr three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and Collier County Hunger and Homeless Coalition, Inc. Page 8 of 21 HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. Do REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. Collier County Hunger and Homeless Coalition, Inc. Page 9 of 21 7F 0Ri 3 16 ?g,: 3052 Go AUDITS AND INSPECTIONS At any time during normal business hours and as often as rAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to rAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Organizations), and other applicable regulations within one hundred and eighty ~l°n-Prd~yfi~80) after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to rAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. Ho PROGRAM-GENERATED iNCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to rAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to rAH, and said plan shall require the prior written approval of the rAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), Collier County Hunger and Homeless Coalition, Inc. Page 10 of 21 and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Bo OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to Collier County Hunger and Homeless Coalition, Inc. Page 11 of 21 17; evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Go Ho CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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. Collier County Hunger and Homeless Coalition, Inc. Page 12 of 21 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under Collier County Hunger and Homeless Coalition, Inc. Page 13 of 21 seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of who shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Hunger and Homeless Coalition, Inc. Page 14 of 21 OR'. 3416 PG'. 3062 WITNESS our Hands and Seals on this li~ day of O~:/'eS,0~t/ (SUBRECIPIENT SEAL) BY: COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Approved as to form and ~1 sufficirq~qy: -~ Patrick G. White Assistant County Attorney COLLIER COUNTY, B/Y: ~ Uie/LPH K. 5CHMITT, ADMINISTRATOR, / C~MMUNITY DEVELOPMENT & VIRONMENTAL SERVICES Collier County Hunger and Homeless Coalition, Inc. Page 15 of 21 3416 PG: 3063 EXHIBIT "A" SCOPE OF SERVICES Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this project is to provide initial funding toward the purchase of a Homeless Management Information System (HMIS) to benefit the homeless and at-risk of homelessness population in Collier County; to provide participating agencies improved data collection methods; and to fulfill the HUD requirement to implement an HMIS system by 2004 in order to continue to be eligible to receive HUD Continuum of Care funding. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Eo BUDGET: Line Item: CDBG Funds Other Purchase of software, hardware, training and fees for the HMIS system $50,000 $90,035-$126,665 (depending on software) Total $140,035 - $176,665 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. Collier County Hunger and Homeless Coalition, Inc. Page 16 of 21 Fo Ho OR: 3416 PG: 3064 DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Selection of service provider and systems administrator October, 2003 Contract with service provider Operating procedures and protocols established CDBG funds expected to be expended Training concluded Full HMIS implementation concluded November, 2003 March, 2004 April, 2004 July, 2004 October, 2004 Ko REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form ora narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Hunger and Homeless Coalition, Inc. Page 17 of 21 3416 PG: 3065 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title Collier County Hunger and Homeless Coalition, Inc. Page 18 of 21 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to F/IH staff by the 10tn of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Collier County Hunger and Homeless Coalition, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (o-3o%) (31-5o% ) Collier County Hunger and Homeless Coalition, Inc. Page 20 of 21 OR: 3416 PG: 3068 *** Subrecipients must indicate total beneficiaries for Race AND Ethnicity, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or conmmnity attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Collier County Hunger and Homeless Coalition, Inc. Page 21 of 21 ~tn: 3274511 OR: 3416 PG: 3069 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL IN?I~ROPFICE %TH FLOOR 10/08/2003 at 10:58AM DWIGHT E, BROCK, CLERK ~XT 72~0 AGREEMENT BETWEEN COLLIER COUNTY ,°°.,&7F AND HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Catalog of Federal Domestic Assistance 4/14.218 HUD Grant # B-03 -UC- 12-0016 THIS AGREEMENT, is entered into thisoT-~-P~ day of /~/z~-- , 20,a~:~,~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Habitat for Humanity of Collier County, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 11550 E. Tamiami Trail, Naples, Florida 34113, and its Federal Tax Identification number as 59-1834379, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Habitat for Humnnity of Collier County, Inc. Page 1 of 22 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Habitat for Humanity of Collier County, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Habitat for Humanity of Collier County, Inc. Page 2 of 22 OR: 3416 PG: 3071 17F IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $700,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBREC1PIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Habitat for Humanity of Collier County, Inc. Page 3 of 22 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Habitat for Humanity of Collier County, Inc. Page 4 of 22 OR: 3416 PG: 3073 17F Co 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J regulations covering standard Grant Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBREC1PIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation 30. Habitat for Humanity of Collier County, Inc. Page 5 of 22 detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or Habitat for Humanity of Collier County, Inc. Page 6 of 22 stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE Habitat for Humanity of Collier County, Inc. Page 7 of 22 The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". Habitat for Humanity of Collier County, Inc. Page 8 of 22 The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-Il0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Habitat for Humanity of Collier County, Inc. Page 9 of 22 Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBREC1PIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. Ho PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Habitat for Humanity of Collier County, Inc. Page 10 of 22 IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Habitat for Humanity of Collier County, Inc. Page 11 of 22 OR: 3416 PG: 3080 17F E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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. Habitat for Humanity of Collier County, Inc. Page 12 of 22 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under Habitat for Humanity of Collier County, Inc. Page 13 of 22 seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS XIII. Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. Habitat for Humanity of Collier County, Inc. Page 14 of 22 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this o~Z:~j05 day of .,L~//~r~;/'- ,200~ (SUBRECIPIENT SEAL) HABITAT FOR HUMANITY OF SAMUEb~'. DURSO, M.D., PRESIDENT ,~~~ p~roved as to form and ncy~ Patrick G. White Assistant County Attorney COLLIER COUNTY, F,,JtORIDA /JO~i'EPH K. SCHMITT, ADMINISTRATOR, / CpMMUNITY DEVELOPMENT & [~,ENVIRONMENTAL SERVICES Habitat for Humanity of Collier County, Inc. Page 15 of 22 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project subject to funding availability shall include the infrastructure construction to support seventy (70) homesites in Charlee Estates, Naples, FL for affordable housing homeownership. Infrastructure will include clearing of land, road construction and paving, sewer facilities, water facilities (including fire protection), driveway aprons, and flood and drainage. Habitat for Humanity, Inc. will then construct 70 homes with the first 36 to be completed by September, 2004 and the remaining 34 to be completed by September, 2005. All homes will be purchased and occupied by low and very-low income households. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs l¥om bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Habitat for Humanity of Collier County, Inc. Page 16 of 22 OR' 3416 PG: 3085 17F BUDGET: Line Item: CDBG Funds Other Clearing of Land Infrastructure Drainage & Landscaping Sewer Potable Water Roads Roadway Fill Paving Driveway Aprons Engineering Underground Electric Site Development Building Costs (120 Houses) Land Acquisition Subtotal $ 50,000.00 $ 100,000.00 $ 80,000.00 $ 80,000.00 $ 85,000.00 $ 200,000.00 $ 15,000.00 $ 40,000.00 $ 50,000.00 $700,000.00 $2,319,429.00 $4,027,000.00 $ 725,000.00 $7,071,429.00 Total $7,771,429.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Do STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. Habitat for Humanity of Collier County, Inc. Page 17 of 22 Ko OR: 3416 PG: 3086 17F CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIP1ENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Bid Documents Completed Advertise & Accept Bids Award Contract Start Construction 50% of Funding Expended Complete Construction (infrastructure) 100% of Funding Expended August 15, 2003 September 1,2003 October 1, 2003 November 1, 2003 January 15, 2004 June 15, 2004 June 15, 2004 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Habitat for Humanity of Collier County, Inc. Page 18 of 22 OR: 3416 PG: 3087 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 17[ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator __ Supervisor Dept Director Signature Date Title Habitat for Humanity of Collier County, Inc. Page 19 of 22 OR: 3416 PG: 3088 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th o f the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 17F 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Habitat for Humanity of Collier County, Inc. Page 20 of 22 OR: 3416 PG: 3089 5. New contracts executed this month (if applicable): 17F Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart tbr NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX ! BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Ix)w Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Habitat for Humanity of Collier County, Inc. Page 21 of 22 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicit¥ Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Habitat for Humanity of Collier County, Inc. Page 22 of 22 Retn: CLERK TO THE BOARD INTEROPFICE 4TH FLOOR EX? ?240 3274512 OR: 3416 PG: 3091 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL 10/08/2003 at 10:58AM DWIGHT E. BROCK, CLERK AGREEMENT BETWEEN COLLIER COUNTY AND HARVEST FOR HUMANITY, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC- 12-0016 THIS AGREEMENT, is entered into this ],~.~-,~ day of -~,z~-,/~tw6,~' 20~O-~ by RB¢ HE 9E.00 17F and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Harvest for Humanity, Inc., a private not-for-profit corporation existing under the laws of the State of Illinois authorized to transact business in the State of Florida, having its principal office at 1312 W. New Markct Road, Immokalee, FL 34142, and its Federal Tax Identification number as 36-4234882, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to prowde for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Harvest for Humanity, Inc. Page 1 of 21 OR: 3416 PG: 3092 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPEINT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Harvest for Humanity, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBREC1PIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H Harvest for Humanity, Inc. Page 2 of 21 below. OR: 3416 PG: 3093 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $100,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIP1ENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended -The regulations governing the expenditure of Community Development Block Grant funds. Harvest for Humanity, [nc. Page 3 of 21 o 10. 11. 12. 13. 14. 15. 16. 17. 18. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Harvest for Humanity, Inc. Page 4 of 21 OR: 3416 PG: 3095 19. Executive Order 11914 - Prohibits discri~nination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 26. OMB Circular A-133 - concerning annual audits. 27. OMB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-Il0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation Harvest for Humanity, Inc. Page 5 of 21 Do detailing categories of persons performing work plus hourly rates including benefits, number drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBREC1PIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBREC1PIENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fl~lfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Harvest lbr Humanity, Inc. Page 6 of 21 OR: 3416 PG: 3097 Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBREC1PIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE Harvest for Humanity, Inc. Page 7 of 21 OR: 3416 PG: 3098 The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance' evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBREC1PIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBREC1PIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". Harvest for Humanity, Inc. Page 8 of 21 Co OR: 3416 PG: 3099 The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBREC1PIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as Harvest for Humanity, Inc. Page 9 of 21 OR: 3416 PG: 3100 amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPiENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded t¥om the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Harvest for Humanity, Inc. Page 10 of 21 OR: Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons, if the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory ewxluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to Harvest for Humanity, Inc. Page 11 of 21 OR: 3416 PG: 3102 17F unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. Harvest for Humanity, Inc. Page 12 of 21 ENVIRONMENTAL CONDITIONS A. AIR AND WATER OR: 3416 PG: 3103 The SUBREC1PIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Harvest for Humanity, Inc. Page 13 of 21 XII. XIII. OR: 3416 PG: 3104 REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Harvest tbr Humanity, Inc. Page 14 of 21 OR: 3416 PG: 3105 WITNESS our Hands and Seals on this/~,,t~ day of ,20d>B 1 7F (SUBRECIPIENT SEAL) HARVEST FOR HUMANITY, INC. BY:ff4~H~I~ J. NO~A~,'~~ lroved as to form and suff, icke~cy: / Patrick G. White Assistant County Attorney BY: COLLIER COUNTY, FL/~ID ~A (OS~PH K. SCI-I'lv~I~T, ADMI~4ISTRATOR, [O/MMUNITY DEVELOPMENT F~VIRONMENTAL SERVICES Harvest for Humanity, Inc. Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES OR: 3416 PG: 3106 THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this funding is to provide personnel salaries to employ low-income individuals to launch start-up of the Blueberry Store and Catering Company, located at the Activity Center in Jubilation, corner of Lake Trafford Road and Carson Road in Immokalee, FL. The positions include a Store Manager at $35,000 per year, Kitchen Manager at $25,000 per year, and four (4) part-time assistants at $8.50 per hour with an anticipated annual income of $10,000 each per year. The Harvest Blueberry Store & Catering Company is projected to provide 50 catered events per year serving 200 people each or 10,000 people per year in the Immokalee area. This activity with comply with EEOC hiring practices and all applicable labor laws. Copies of the advertisements for job openings, payroll and time-keeping documents and job descriptions are expected to be developed early in the process and provided for the FAH files. Beneficiaries will be income-qualified using HUD income guidelines. Reimbursement will be made with copies of payroll checks showing all deductions. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Salaries: Store Manager $35,000 Kitchen Manager $25,000 Part-time Assistant $10,000 Part-time Assistant $10,000 Part-time Assistant $10,000 Part-time Assistant $10,000 Construction of Activity Center $750,000 Store Fixtures $ 35,000 Kitchen Equipment $ 95,000 Inventory $ 17,500 Promotional Materials $ 2,500 Subtotal $100,000 $900,000 Total $1,000,000 Harvest for Humanity, Inc. Page 16 of 21 OR: 3416 PG: 3107 1 7F· Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIP1ENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Hire personnel, train, inventory goods and supplies, October 2003-September 2004 open Blueberry Store facilities and Kitchen facilities, and conduct start-up period for one year. 50% of funding expended January 15, 2004 100% of funding expended June 15, 2004 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Harvest fbr Humanity, Inc. Page 17 of 21 OR: 3416 PG: 3108 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $. REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. 17F I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. 1 also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Harvest for Humanity, Inc. Page 18 of 21 OR: 3416 PG: 3109 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT 1 7F ~'~i~l Complete form for past month and submit to FAH staff by the lOta of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E-mail: Activity Number Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application t'or this project. Harvest for Humanity, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): OR' 3416 PG: 3110 17F Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits (either "households" or and it~ box "1." households or persons. Please circle one category "persons"). Enter the number of beneficiaries in the blank space INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Harvest for Humanity, Inc. Page 20 of 21 Subrecipients must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicit¥ Beneficiaries White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Harvest for Humanity, Inc. Page 21 of 21 3274513 OR: 3416 PG: 3112 INTEROFPICB 4TH FLOOR 10/08/2003 at 10:58AM DWIGHT g. BROCK, CLERK ~XT 7240 AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-I2-0016 THIS AGREEMENT, is entered into this ~/~/- day of ~$t.~_~;~½ , 20t~, by and between Collier County, / a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Immokalee Multicultural Multipurpose Community Action Agency, Inc. (IMMCAA), a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 210 A. South First Street, Immokalee, FL 34142 (P.O. Box 949, Immokalee, FL 34143), and its Federal Tax Identification number as 59-3640279, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement the COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 1 of 21 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a wtlid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means the Immokalee Multicultural Multipurpose Community Action Agency, Inc. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. IlL TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 2 of 21 OR: 3416 PG: 3114 17F IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $60,000.00 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and Cotmty laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 3 of 21 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 4 of 21 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. OR: 3416 PG: 3116 17F Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 5 of 21 OR: 3416 PG: 31 Do SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBREC1PIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Fo GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 6 of 21 OR: 3416 PG: 3118 TERMINATION 17F In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 7 of 21 SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 8 of 21 17F OR: 3416 PG: 3120 All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 9 of 21 (c) (d) (e) (0 All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be bome by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the fight to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. Ho PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 10 of 21 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBREC1PIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 11 of 21 D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as detem~ined by FAH or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 12 of 21 OR: 3416 PG: 3124 17F contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 13 of 21 OR: 3416 PG: 3125 17F Co LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. XII. XIII. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 14 of 21 XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this,~/~t day of ~7~;z- (SUBRECIPIENT SEAL) IMMOKALEE MULTICULTURAL MULTIPURPOSE COMMUNITY ACTION AGENCY, INC. ~v~ARIA C. ADAME, PRES IDENT ~~.~ lroved as to form and sufficiency: __ Patrick G. White Assistant County Attorney BY: ~ IOJEPH K. ~C~MITT, XDMINISTRATOR, /C~MMUNITY DEVELOPMENT & QflNVIRONMENTAL SERVICES Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 15 of 21 EXHIBIT "A" SCOPE OF SERVICES 3 16 3127 Bo Co THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project shall include the assistance to approximately twenty-five low-income students to pursue educational advancement and help with supportive services such as child care while in class. The funds will be used for vocational training, childcare expenses, and a part-time case manager to provide additional one-on-one service to students. Beneficiaries will be income-qualified using HUD income guidelines. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: Vocational Training Extensive Vocational Training Short Vocational Training Childcare Expenses Part-time Case Manager Subtotal Community Service Block Grant Community Foundation of Collier County Isabel Collier Read Subtotal Total CDBG Funds Other $26,000.00 $ 2,400.00 $21,600.00 $10,000.00 $60,000.00 $160,424.00 $ 72,424.00 $ 25,000.00 $ 3,000.00 $100,424.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. A part-time case manager will be hired to manage and monitor the twenty-five families enrolled. The part-time case manager will work 21 hours per week at a rate of $8.50 per hour for 52 weeks and will be responsible for client eligibility, client services, client outreach and home visits. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 16 of 21 ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time flame for completion of the outlined activities shall be: Community Outreach Completed Income Qualification Completed Beneficiaries Begin Classes 50% of Funding Expended 100% of Funding Expended June, 2003 July, 2003 August, 2003 January 15, 2004 June 15, 2004 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 17 of 21 OR: 3416 PG: 3129 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ 1. Grant Amount Awarded o REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Payment Request # SECTION I1: STATUS OF FUNDS Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ $ $ 17F I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Date Title Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 18 of 21 OR: 3416 PG: 3130 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of' Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax~ 17F 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 5 Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 19 of 21 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 20 of 21 *** OR: 3416 PG: 3132 *** Subrecipients must indicate total beneficiaries for Race AND Ethnicity 17F Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Immokalee Multicultural Multipurpose Community Action Agency, Inc. Page 21 of 21 Retn: 3274514 OR: 3416 PG: 3133 CLERK TO THI BOARD R~CORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROFFICE 4TH PLOOR 10/08/2003 at 10:58AM DWIGHT 1/. BROCK, CLERK ~XT 7Z40 AGREEMENT BETWEEN COLLIER COUNTY C 100,50 AND COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this /~.~'/9 day of ~,~59t~,,-,9 ~ 20G~ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Collier County Parks and Recreation Department, having its principal office at 3300 Santa Barbara Boulevard, Naples, FL 34116, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003~2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Collier County Parks and Recreation Department Page I of 22 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Parks and Recreation Department. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2006. Any funds not obligated by the expiration date of Collier County Parks and Recreation Department Page 2 of 22 this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $83,000.00 for the 2003-2004 Program Year, $255,000.00 for the 2004-2005 Program Year and $255,000.00 for the 2005-2006 Program Year, for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 3050 North Horseshoe Drive, Suite 275, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, Collier County Parks and Recreation Department Page 3 of 22 o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 570, as amended The regulations governing the expenditure of Community Development Block Grant funds. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in h~dsing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Collier County Parks and Recreation Department Page 4 of 22 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. Collier County Parks and Recreation Department Page 5 of 22 SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBRECIPIENT. Collier County Parks and Recreation Department Page 6 of 22 F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIP1ENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, Collier County Parks and Recreation Department Page 7 of 22 to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -102 (Grants and Cooperative Agreements with State and Local Governments) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. o The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". o The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. Collier County Parks and Recreation Department Page 8 of 22 C. PURCHAS~G All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-102, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBREC[PIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. Collier County Parks and Recreation Department Page 9 of 22 H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale o1: commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Collier County Parks and Recreation Department Page 10 of 22 OR: 3416 PG: 3143 B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES Co Do In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any /'unctions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for Collier County Parks and Recreation Department Page 11 of 22 employment of and participation of low and ~noderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions Collier County Parks and Recreation Department Page 12 of 22 on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. Collier County Parks and Recreation Department Page 13 of 22 XI. SEVERABILITY OF PROVISIONS XII. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS XIII. XIV. XV. Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-two (22) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. Collier County Parks and Recreation Department Page 14 of 22 OR' 3416 PG: WITNESS our Hands and Seals on this ~day of ,_.,~,p4e~-~ ~," .20 ~ COLLIER COUNTY PARKS AND RECREATION DEPARTMENT Approved as to form and ~4egal sufficiency: Patrick G. White Assistant County Attorney COIXLIER COUNTY. FLORID~ IOH~-DUNNUCK, PUBLIC SERVICES ADMINISTRATOR /J~SEPH K. SCfiMITT, ADMINISTRATOR, / C/OMMUNITY DEVELOPMENT & NVIRONMENTAL SERVICES Collier County Parks and Recreation Department Page 15 of 22 OR: 3416 PG: 3148 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, tcsting services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The scope of this project is the construction of a 2,400 SF addition to the East Naples Community Park to provide a permanent site for the Senior Connections program. The resulting Senior Center will provide the capacity to double the number of seniors served by the Senior Connections lunch program. As the program expands, Senior Connections will focus on introducing a transportation program and recruiting low-income participants from the surrounding neighborhoods. In the hours that the Senior Center is not hosting the Senior Connections lunch program, the Center will be available for recreation activities to provide social interaction for the senior population. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Collier County Parks and Recreation Department Page 16 of 22 BUDGET: Line Item: CDBG Funds Other Architectural Fees $53,000 $ 500 Engineering Fees $30,000 Landscape Architectural Fees $ 5,000 Soil Borings $ 2,500 Survey $ 3,000 Site Development Plan $ 2,000 SFWMD Permits $ 3,000 Building Permits $ 25,000 Program Year 03-04 Subtotal $83,000 $ 41,000 Construction $255,000 $ 95,000 Program Year 04-05 Subtotal $255,000 $ 95,000 Construction $255,000 $ 95,000 Furnishings $ 50,000 Land Value $ 11,000 Program Year 05-06 Subtotal $255,000 $156,000 Total $593,000 $292,000 $885,000 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. Collier County Parks and Recreation Department Page 17 of 22 CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. Jo WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Design Completed Permitting 50% of 2003-2004 funding expended 100% of 2003-2004 funding expended Bidding Construction 50% of 2004-2005 funding expended 100% of 2004-2005 funding expended 50% of 2005-2006 funding expended 100% of 2005-2006 funding expended July, 2003 - January, 2004 January, 2004--- July, 2004 January 15, 2004 June 15, 2004 June, 2004 - August, 2004 September, 2004 - September, 2005 January 15, 2005 June 15, 2005 January 15, 2006 June 15, 2006 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Collier County Parks and Recreation Department Page 18 of 22 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Dollar Amount Requested: $ Grant Amount Awarded Payment Request # SECTION I1: STATUS OF FUNDS Sum of Past Claims Paid on this Account Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account Amount of Previous Unpaid Requests Amount of Today's Request Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator __ Supervisor Dept Director Collier County Parks and Recreation Department Page 19 of 22 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Activity Number Contact Person Telephone: E-mail: Fax: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? e Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Collier County Parks and Recreation Department Page 20 of 22 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits, households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, m'e very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, tire low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Nmnber of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0-30%) (31-50%) Collier County Parks and Recreation Department Page 21 of 22 Memorandum To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Nancy Mesa - Grants Support Specialist Date: February 10, 2006 AMENDMENT TO SUBRECIPlENT AGREEMENT Subject: Re: CDBG FY 2003.2004 - Collier County Parks and Recreation Department 17F . Attached is an amendment to the original subrecipient agreement between Collier County and the Collier County Parks and Recreation Department for CDBG funding, to construct a 2,400 SF additional to the East Naples Community Park to provide a permanent site for the Senior Connections program. This was included in the County's Consolidated Plan One-Year Action Plan FY 2003.2004 as approved by the BCC on April 22, 2003 -Item 17F. The account string for this grant is 121.138755-882100.345051. Please call me at 659.5770 if you have any questions. Thank you. Cc: Kelly Jones, Senior Accountant. Clerk's Finance Marlene Foard, Grant Coordinator - Administrative Services Division Gwen Butler, Operations Manager - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Setvices Division 17F .. AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY PARKS AND RECREA nON DEPARTMENT Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AMENDMENTto AGREEMENT, is entered into this ;)f.J- day of pa~W' bt'r 20~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the "Collier County Parks and Recreation Department," having its principal office at 3300 Santa Barbara Boulevard Naples, F134116, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY and the Subrecipient previously agreed to certain terms under the pnor Agreement between Parties dated September 18, 2003; and WHEREAS, the COUNTY and "THE SUBRICIPIENT" desire to amend EXHIBIT A referenced in Part I of this Agreement, in accord with the approved 2003-2004 Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage "THE SUBRICIPIENT" to implement such amended undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes; and WHEREAS, the COUNTY and "THE SUBRECIPIENT" agree to this amendment of the original subrecipient agreement revising the Scope of Services in Section B, and J, of EXHIBIT "A" and replacing that EXHIBIT with the attached hereto revised EXHIBIT A. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: That the Agreement of September 18,2003, is amended to replace the prior attached Exhibit "A" with the attached, revised Exhibit "A." Collier County Parks and Recreation Department Page I of5 17F SJ-- WITNESS our Hands and Seals on this ;).} day of Ikc 0-. b~,.. Approved as to form and Legal sufficiency: ~~ ASSISTANT COUNTY ATTORNEY ,20 01 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT IfM~..J~ i) 7?tJ>r8'hf '~ ~.. ~ / /~J' / ' B: d .' ) ttz....r~" / b,r dB R,DIRECTOR f Y, FLORIDA BY: 6'M-U&f, CORMAC GIBLIN, HOUSING AND GRANTS MANAGER Page 2 of 5 Collier County Parks and Recreation Department 17F . EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The scope of this project is the construction of a 2,400 SF addition to the East Naples Community Park to provide a permanent site for the Senior Connections program. The resulting Senior Center will provide the capacity to double the number of seniors served by the Senior Connections lunch program. As the program expands, Senior Connections will focus on introducing a transportation program and recruiting low-income participants from the surrounding neighborhoods. In the hours that the Senior Center is not hosting the Senior Connections lunch program, the Center will be available for recreation activities to provide social interaction for the senior population. NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to F AH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain F AH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUB RECIPIENT shall obtain F AH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that F AH, in consultation with any parties F AH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Collier County Parks and Recreation Department Page 3 of 5 17F . C. BUDGET: Line Item: CDBG Funds Architectural Fees, Engineering Fees, Soil Borings, Survey, Site Development Plan, SFWMD Permits, Building Permits, Construction, Road Impact Fees, SDP Building Permits, Landscaping, Asbestos Other Program Year 03-04 Subtotal $83,000 Program Year 04-05 Subtotal $255,000 Program Year 05-06 Subtotal Furnishings Land Value $255,000 273,107.64 50,000.00 11,000.00 Total $593,000 + 334,107.64 TOTAL PROJECT COST $927,107.64 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to F AH, on behalf of the County, as the Grantee, for F AH approval, in a form specified by F AH. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUB RECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract( s). E. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. Collier County Parks and Recreation Department Page 4 of 5 17F . F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the fmal draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. H. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Project Start Date July, 2003 Interim Milestones 100% of 2003-2004 funding expended 100% of 2004-2005 funding expended 100% of2005-2006 funding expended June 15,2005 June 15,2006 December 31, 2006 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to F AH J. REPORTS: The SUB RECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for F AH approval of invoices, etc. for reimbursement. Collier County Parks and Recreation Department Page 5 of5 Memorandum To: From: Date: Subject: Re: Uaureen Kenyon, Supervisor Clerk of Courts - Minutes and R~cords Susan Alden, HUD Grant Analyst'4~'Y'' April 23, 2004 Subrecipient Agreement CDBG FY 2003-2004 - United Church Homes (applicant) Attached please find the original subrecipient agreements relative to the United Church Homes application. This agreement is between Collier County and UCC XVI, Inc. for $188,878 for Phase II of a 7.44 acre project to construct new rental units targeted to very Iow-income elderly residents of Immokalee. Please call me at 403-2339 if you have any questions. Thankyou. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Scott Johnson, Purchasing Agent - Purchasing File Department of Financial Administration and Housing Community Development and Environmental Services Division AGREEMENT BETWEEN COLLIER COUNTY AND UCC XVI, INC. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this i~3:'+~ day of ]X4k.(-~cc ~x 20C~L/, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and UCC XVI, Inc., a non-profit corporation, having its principal office at 170 East Center Street, Marion, Ohio 43301, and its Federal Tax Identification number as 20-0675199, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and UCC XVI, Inc. Page 1 of 24 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Colher County. "FAH" means the Financial Administration and Housing Department of Collier County. "SUBRECIPIENT" means Immokalee Senior Housing, LTD "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. IH. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC~12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all funding relating to services required hereunder shall be expended by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. UCC XVI, Inc. Page 2 of 24 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $188,878 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended ~ The regulations governing the expenditure of Community Development Block Grant funds. UCC XVI, Inc. Page 3 of 24 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. UCC XVI, Inc. Page 4 of 24 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." UCC XVI, Inc. Page 5 of 24 Do Eo This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, aris. in.g during the performance of the terms of this Agreement, or due to the acts or om~sslons of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion of applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration of SUBREC~IENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBREC2IENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. UCC XVI, Inc. Page 6 of 24 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either p.arty shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECII:'IENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its UCC XVI, Inc. Page 7 of 24 Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS Ao FINANCIAL MANAGEMENT The SUBREC~IENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECII~IENT shall maintain all records required by the CDBG Regulations. o All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAIt if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the UCC XVI, Inc. Page 8 of 24 Do o preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing comphance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-Il0, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (t) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. UCC XVI, Inc. Page 9 of 24 AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing, such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defmed in A-133. The COUNTY will be responsible for providing technical assistance to the SUBREC~IENT, as deemed necessary by the COUNTY. Ho PROGRAM-GENERATED INCOME All income earned by the SUBREC/PIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. UCC XVI, Inc. Page 10 of 24 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBREC2IENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity camed out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be g. iven opportunities for training and employment; and to the greatest extent feasible eligible bus~ness concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. Co PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. UCC XVI, Inc. Page 11 of 24 D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH w/Il carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBRECIPIENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBRECIPIENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. Fo CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any fimctions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's roles at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal UCC XVI, Inc. Page 12 of 24 Xo o contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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. o The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the insofar as they apply to the performance of the Contract: 1. following requirements Clean Air Act, 41 U.S.C., 7401, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B° FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. UCC XVI, Inc. Page 13 of 24 XI. XII. XIII. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-four (24) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. UCC XVI, Inc. Page 14 of 24 XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. :~ 0 ~.,~ '~ WITNESS our Hands and Seals on this ~9 day of ~.c-//c~ ,20 ~ UCC XVI, INC. (SUBRECIPIENT SEAL) RONALD E. BEACH, TREASURER, UCC XVI, INC. Patrick G. White Assistant County Attorney COLLIER COUNTY, FLOR~A /C/OMMUNITY DEVELOPMENT & ~ENVIRONMENTAL SERVICES UCC XVI, Inc. Page 15 of 24 EXHIBIT "A" SCOPE OF SERVICES Bo THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this funding is acquisition of 5.11 acres in Immokalee, FL to enable UCC XVI, Inc. to construct seventy (70) new one- and two-bedroom rental units targeted to very low-income elderly residents. This is Phase II of a 7.44 acre project. 100% of the persons or households served will be very low-income persons. Eligible households will earn less than 50% of the HUD Area Median Income. The head of the household must be 62 years of age or older. At the time the units are leased, SUBRECIPIENT shall submit to FAH a certification that all tenants meet income qualification. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that FAIt, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBREC~IENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Land Acquisition $188,878 Site Work $ 200,000 Construction $ 3,900,000 Legal, Consulting, etc. $1,210,000 Subtotal $ 3,289,000 Total $5,498,878 UCC XVI, Inc. Page 16 of 24 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Fo Go Jo Ko STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBREC2IENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Site acquisition completed April, 2004 100% of funding expended May, 2004 Construction to begin July, 2006 Construction completed July, 2007 Lease Up September, 2007 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to FAH. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. UCC XVI, Inc. Page 17 of 24 EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION h REQUEST FOR PAYMENT Subrecipient Name:__ Subrecipient Address: Project Name: Project No: 03-05 Dollar Amount Requested: $ UCC XVI, Inc. 170 East Center Street, Marion OH 43302 Land Acquisition - Senior Housing Payment Request # SECTION Ih STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by $ the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director UCC XVI, Inc. Page 18 of 24 EXHIBIT "C' CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Land Acquisition - Senior Housing Project Number 03-05 Activity Number Subrecipient: UCC XVI, Inc. Contact Person Che~l Wickersham Telephone: 800-837-2211 ext. 333 Fax: (740) 382-4884 E-mail: Cwickersl~am ,_~uchinc.org 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. UCC XVI, Inc. Page 19 of 24 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX ! BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low lncome Low Income (51-80%) Household Assisted (0-30%) (31-50%) UCC XVI, Inc. Page 20 of 24 Subrecipients must indicate total beneficiaries for Race AND Ethnici~, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Viemam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnici .ty Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: UCC XVI, Inc. Page 21 of 24 EXHIBIT "D" Prepared by and Return to: Collier County Financial Administration and Housing 2800 N. Horseshoe Drive, g400 Naples, Florida 34104 DECLARATION OF RESTRICTIONS UCC XVI, Inc., a non-profit corporation, having its principle office at 170 East Center Street, Marion, Ohio 43301, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One Hundred Eight-Eight Thousand, Eight Hundred Seventy-Eight Dollars ($188,878.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: A portion of the southeast ¼ of the southwest ¼ of Section 33, Township 46 south, Range 29 east, Collier County, Florida, being more particularly described as follows: commence at the southwest comer of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence n. 00'00'20" w., along the west line of the northwest ¼ of the southeast V4 of the southwest ¼ of said section 33 (said line also being the centerline of 11th Street North), a distance of 194.68 feet, thence n. 89'50'40" e., parallel with the north line of the northwest ¼ of the southeast ¼ of the southwest 1/4 of said section 33, a distance of 83.65 feet to the point of beginning of the parcel of land herein described, thence north 89'50'40" east, a distance of 125.06 feet, thence n. 00'00'20" w., parallel with the west line of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, a distance of 460.42 feet, thence n. 89'50'40" e., a distance of 288.59 feet to the west line of the east 163 feet of the northwest ¼ of the southeast V4 of the southwest ¼ of said section 33, thence s., 00'01'00" e., along said west line, a distance of 655.24 feet to the south line of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence s. 89'51'40" w. along said south line, a distance of 167.21 feet to the west line of the northwest ¼ of the southwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence s. 00'00'45" e. along said west line, a distance of 44.91 feet, thence south 89'59'43" west, a distance of 84.14 feet thence north 00'05'13" east, a distance of 12.20 feet, thence south 89'55'53" west, a distance of 136.98 feet to a point of curvature thence northwesterly, 39.24 feet along the arc of a circular curve, concave northeasterly, having a radius of 25.00 feet, through a central angle of 89'56'09" and being subtended by a chord which bears north 45'06'02" west, 35.34 feet to a point of tangency; thence north 00'07'58" west, a distance of 202.04 feet to the point of beginning, containing 222,319 square feet or 5.103 acres, more or less. 1. This Declaration of Restrictions shall be deemed as covenants running with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this UCC XVI, Inc. Page 22 of 24 OR: 3539 PG: 0266 Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $188,878.00 (in CDBG funds) as provided through a grant Agreement with the County dated 7~cc~ 30 , 2004, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period often (10) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of fifteen (15) years after the expiration date of said Agreement (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Financial Administration and Housing Department (FAIt). Any approved sale or. conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. UCC XVI, Inc. Page 23 of 24 *** OR: 3539 PG: 0267 *** The Declarant agrees to notify the County in writing through the FAH Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the ten-year period described above. · Executed this -~ day of /~ ~ r, / ,20 ~q/ (CORPORATE SEAL) UCC XVI, Inc. By: 6/x----,- Ronald E. BeaCh, Treasurer, UCC XVI, Inc. STATE OF OHIO COUNTY OF The forgoing Agreement was acknowledged before me this ],xf[. 2tX!~_, by' · , day of who is personally known to me or has produced as identification and who did (did not) take an oath. (Print or type name) Notary Public State of Ohio at Large My Commissioner Expires: ,c'7c.~ .fl''-' ' " '" ~~' 7~ !gim-tature) ~'~T~-- No, t,m'~u,~iq, State o! Ohio :% '- ~:. :4~ , .~ Recorded in Marion Coun~ .,, u~. ~ UCC XVI, Inc. Page 24 of 24 Memorandum To: From: Date: Subject: Maureen Kenyon, Supervisor Clerk of Courts - Minutes and Records Susan Alden, HUD Grant Analyst~ April 23, 2004 Subrecipient Agreement CDBG FY 2003.2004- United Church Homes (applicant) Attached please find the original subrecipient agreements relative to the United Church Homes application. This agreement is between Collier County and Immokalee Senior Housing, Ltd. for $ 86,122 for Phase i of a 7.44 acre project to construct new rental units targeted to very Iow-income elderly residents of Immokalee. Please call me at 403.2339 if you have any questions. Thankyou. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Scott Johnson, Purchasing Agent- Purchasing File Department of Financial Administration and Housing Community Development and Environmenta/ Services Division AGREEMENT BETWEEN COLLIER COUNTY AND IMMOKALEE SENIOR HOUSING, LTD. Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-03-UC-12-0016 THIS AGREEMENT, is entered into this .~-~.)..~h day of C/T](ttIc~ 207_~, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and Immokalee Senior Housing, Ltd., a private, limited partnership, having its principal office at 170 East Center Street, Marion, Ohio 43301, and its Federal Tax Identification number as 86-1055048, hereinafter referred to as "SUBRECIPIENT." WltEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WltEREAS, the Fiscal Year 2003-2004 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program by Resolution on April 22, 2003, including the use of this standard form Agreement; and Immokalee Senior Housing, Ltd. Page 1 of 24 WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WI-IEREAS, the COUNTY desires to engage the SUBREC[PIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "FAH" means the Financial Administration and Housing Department of Collier County. SUBRECIPIENT means Immokalee Senior Housing, Ltd. "FAH Approval" means the written approval of the FAH Department or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by FAH, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B-03-UC-12-0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all funding relating to services required hereunder shall be expended by the SUBRECIPIENT prior to June 30, 2004. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H below. Immokalee Senior Housing, Ltd. Page 2 of 24 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $ 86,122 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in FAH Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by FAH. No payments will be made until approved by the FAH Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FAH in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the FAH Department or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 24 CFR Part 570, as amended The regulations governing the expenditure of Community Development Block Grant funds. Immokalee Senior Housing, Ltd. Page 3 of 24 o o 10. 11. 12. 13. 14. 15. 16. 17. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Age Discrimination Act of 1973 National Flood Insurance Act of 1968 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. Contract Work - Hours and Safety Standards Act Lead Based Paint Poisoning Preventive Act Section 504 of the Rehabilitation Act of 1973 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Immokalee Senior Housing, Ltd. Page 4 of 24 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 24 CFR 570, Subpart J - regulations covering Procedures. These replace OMB Circular A-102. 570.502. standard Granted Administration This subpart includes 24 CFR OMB Circular A-133 - concerning annual audits. OMB Circular A-122 - which identifies cost principles. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 24 CFR Part 84 - OMB Circular A-Il0 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to FAH for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." lmmokalee Senior Housing, Ltd. Page 5 of 24 Do This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the FAH Department or his designee. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indenmify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion of applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and administration.of SUBREC2IENT. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by FAH in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize FAH's support for all activities made possible with funds made available under this Agreement. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to FAH or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. Immokalee Senior Housing, Ltd. Page 6 of 24 Ho 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBREC~IENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. INSURANCE The SUBREC2IENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and. outside Florida litigation per Florida Statutes § 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida, its Immokalee Senior Housing, Ltd. Page 7 of 24 Officers, Employees, and Agents, c/o Department of Financial Administration and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERT~ICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. VIII. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Bo DOCUMENTATION AND RECORD - KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. o All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or FAH. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to FAH if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the Immokalee Senior Housing, Ltd. Page 8 of 24 Do preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FAH using Exhibit "C". The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBREC2IENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-110, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS, AI,_YDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS FAH shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by FAH, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the FAH Department or designee in order to be eligible for reimbursement. (a) (b) (c) (d) (e) (f) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); All change orders; and All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. Immokalee Senior Housing, Ltd. Page 9 of 24 AUDITS AND INSPECTIONS At any time during normal business hours and as often as FAH, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to FAH, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-Il0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to FAH. In the event the SUBRECIPIENT anticipates a delay in producing, such audit or audited financial statements, the SUBRECIPIENT shall request an extension ~n advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Govemments, and Non-Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to FAH. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to FAH, and said plan shall require the prior written approval of the FAH Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand or received by the SUBRECIPIENT or its sub- contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. Immokalee Senior Housing, Ltd. Page 10 of 24 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBREC~IENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carded out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given oppommities for training and employment; and to the greatest extent feasible eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. Co PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to FAH upon FAH's request. Immokalee Senior Housing, Ltd. Page 11 of 24 D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that FAH will carry out periodic monitoring and evaluation activities as determined necessary by FAH or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBREC~IENT agrees to famish upon request to FAH, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by FAH or the COUNTY. The SUBREC~IENT shall, upon the request of FAH, submit information and status reports required by FAH, the COUNTY or HUD on forms approved by FAH to enable FAH to evaluate said progress and to allow for completion of reports required of FAH by HUD. The SUBREC2IENT shall allow FAH or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by FAH or HUD. mo Fo CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to FAH provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-fi:ee workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. Ho CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal Immokalee Senior Housing, Ltd. Page 12 of 24 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid 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 of a 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. o The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not hmited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBREC2IENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. Immokalee Senior Housing, Ltd. Page 13 of 24 XI. XII. XIII. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-four (24) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Immokalee Senior Housing, Ltd. Page 14 of 24 xgo ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this ?~?.)./4~ day of ~effr2~4/c' ,20 6)z// IMMOKALEE SENIOR HOUSING, LTD (SUBRECIPIENT SEAL) CHERYL ~. ~ICKERSHAM, ASSISTANT SECRETARY/TREASURER, UCC XW, INC., GENERAL PARTNER ,~.p.~roved as to form and Patrick G. White Assistant County Attorney C OLLIE~ COUNTY, F~. A BY://0'~~4~~~ gO PH K. SC -m TT, M Sr_RATOP-, /C~JMMLFNITY DEVELOPMENT & (~'NVIRONMENTAL SERVICES Immokalee Senior Housing, Ltd. Page 15 of 24 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any .sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. PROJECT SCOPE: The purpose of this funding is acquisition of 2.33 acres in Immokalee, FL to enable Immokalee Senior Housing, LTD to construct thirty (30) new one- and two-bedroom rental units targeted to very low- income elderly residents. This is Phase I of a 7.44 acre project. 100% of the persons or households served will be very low-income persons. Eligible households will earn less than 50% of the HUD Area Median Income. The head of the household must be 62 years of age or older. At the time the units are leased, SUBRECIPIENT shall submit to FAH a certification that all tenants meet income qualification. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to FAH and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBREC/PIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain FAH approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain FAH approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement fi.om FAH for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECI1)IENT further agrees that FAH, in consultation with any parties FAH deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. BUDGET: Line Item: CDBG Funds Other Land Acquisition $ 86,122 Site Work $ 100,000 Construction $1,980,000 Legal, Consulting, etc. $1,209,833 Subtotal $ 3,289,833 Total $3,375,955 Immokalee Senior Housing, Ltd. Page 16 of 24 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FAH, on behalf of the COUNTY, as the Grantee, for FAH approval, in a form specified by FAH. Do Go Ho STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. ASBESTOS REQUIREMENTS' The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. DAVIS-BACON ACT: The SUBRECIPIENT shall request the COUNTY to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A-Il0 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the COUNTY that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Site acquisition completed April, 2004 100% of funding expended May, 2004 Construction to begin May, 2004 Construction completed May, 2005 Lease Up July, 2005 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to FAIl. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Financial Administration and Housing Department outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for FAH approval of invoices, etc. for reimbursement. Immokalee Senior Housing, Ltd. Page 17 of 24 Subrecipient Name:__ Subrecipient Address: Project Name: Project No: 03-05 Dollar Amount Requested: $ EXHIBIT "B" COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING REQUEST FOR PAYMENT SECTION h REQUEST FOR PAYMENT lmmokalee Senior Housing, Ltd. 170 East Center Street, Marion OH 43302 Land Acquisition - Senior Housing Payment Request #__ SECTION I1: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by $ the sub-recipient. I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Immokalee Senior Housing, Ltd. Page 18 of 24 EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to FAH staff by the IOta of the following month. Status Report for Month of Submittal Date: Project Name Land Acquisition - Senior Housing Project Number 03-05 Activity Number Subrecipient: lmmokalee Senior Housing, Ltd. Contact Person Cheryl Wickersham Telephone: 800-837-2211 ext. 333 Fax: (740) 382-4884 E-mail: Cwickersham(~_ ~uchinc.org 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. Immokalee Senior Housing, Ltd. Page 19 of 24 5. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see (see Number Number definitions on definitions on page 3) page 3) e For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in box "1." INCOME Of the households or persons assisted, are extremely low-income income (0- 30%) of the current Median Family Income (MFI). Enter this number in box "2." Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in box "3." Of these households or persons assisted, are low income (51-80%) of the current Median Family Income (MFI). Enter this number in box "4." NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low lncome (51-80%) Household Assisted (0-30%) (3 i-50%) Immokalee Senior Housing, Ltd. Page 20 of 24 Subrecipients must indicate total beneficiaries for Race AND Ethnici~, Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African-American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnieity Beneficiaries Race 4/Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: Immokalee Senior Housing, Ltd. Page 21 of 24 EXHIBIT "D" Prepared by and Return to: Collier County Financial Administration and Housing 2800 N. Horseshoe Drive, #400 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Immokalee Senior Housing, Ltd. a private, limited partnership, having its principle office at 170 East Center Street, Marion, Ohio 43301, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of Eighty-six Thousand One Hundred and Twenty-two Dollars ($86,122.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: A portion of the southeast ¼ of the southwest ¼ of Section 33, Township 46 south, Range 29 east, Collier County, Florida, being more particularly described as follows: commence at the southwest comer of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence n. 00'00'20" w., along the west line of the northwest ¼ of the southeast ¼ of the southwest ¼ of said section 33 (said line also being the centerline of 11th Street North), a distance of 194.68 feet, thence n. 89'50'40" e., parallel with the north line of the northwest ¼ of the southeast ¼ of the southwest 1/4 of said section 33, a distance of 30.00 feet to the east right-of- way line of said 11th Street North and the point of beginning of the parcel of land herein described, thence north 89'50'40" east, a distance of 53.65 feet, thence south 00'07'58" east, a distance of 202.04 feet, to a point of curvature thence southeasterly, 39.24 feet along the arc of a circular curve, concave northeasterly, having a radius of 25.00 feet, through a central angle of 89'56'09" and being subtended by a chord which bears south 45'06'02" east, 35.34 feet to a point of tangency; thence north 89'55'53" east, a distance of 136.98 feet, thence south 00'05'13" west, a distance of 12.20 feet, thence north 89'59'43" east, a distance of 84.14 feet to a point of the west line of the northwest ¼ of the southwest ¥4 of the southeast ¼ of the southwest ¼ of said section 33, thence south 00'00'45" east, along last said line, a distance of 288.89 feet to a point on the south line of the northwest ¼ of the southwest ¼ of the southeast ¼ of the southwest ¼ of said section 33, thence south 89'54'32" west, along last said line, a distance of 300.26 feet to a point on the east right-of-way of said 11th Street North, thence north 00'00'20" west, along the north right-of-way line of said 11th Street North, a distance of 528.23 feet to the point of beginning, containing 101.785 square feet or 2.337 acres more or less. o[] Immokalee Senior Housing, Ltd. Page 22 of 24 OR: 3539 PG: 0271 1. This Declaration of Restrictions shall be deemed as covenants rmming with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $86,122.00 (in CDBG funds) as provided through a grant Agreement with the County dated ~/3/qc~cc~ ~ , 2004, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period often (10) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of fifteen (15) years after the expiration date of said Agreement (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b)ofthis section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non- CDBG funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Financial Administration and Housing Department (FAH). Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the Immokalee Senior Housing, Ltd. Page 23 of 24 *** OR: 3539 PG: 0272 *** Executed this (CORPORATE SEAL) receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. The Declarant agrees to notify the County in writing through the FAH Department of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. Declarant relinquishes all rights to alter, amend, modify, or release the covenants set forth in this Declaration prior to the completion of the ten-year period described above. ~dayof ~ ,200~/ Immokalee Senior Housing, LTD By: ~d Cheryl L. Wickersham, Assistant Secretary/Treasurer, UCC XIV, Inc., General Partner STATE OF OHIO COUNTY OF a:~Q The forgoing Agreement was acknowledged before me this of t/C xXtx/ 5Zc, ~c'~c~C,~- , who is ~5- -/k_ day of p~ersonally known to me or has produced as identification and who did (did not) take an oath. (Print or type name) Notary Public State of Ohio at Large My Commissioner Expires: , c(~ignature) ..,,; "i¢: .... ?'t-~'z~x\\.! I//~'~ARY ~ M. STEWART 7.~:'~~,,-~= Notary Public, State o! Ohio · ~~;~...[ My Commission Exolres 10/3105 ':~:. '~' ~,~ ? Flocordod in Mari~n CounW Immokalee Senior Housing, Ltd. Page 24 of 24