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Backup Documents 03/26/2002 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 26, 2002 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------- +--------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHRIS HORTON PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 1!200213 58421977 NOTICE OF PUBLIC NEE State of Florida County if Copier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves aj 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 natter of 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: 03/24 AD SPACE: 55.000 INCH I FILED ON: 03/25/02 - - - -+ bigridture or Ki iant SrK+rn to , d Subscribed b me thi day of Personally known LW me $ 40 0 Donna Chesney NY MY Commission DD058336 wQ' a ExPires September 11, 2005 20Q RECEIUEU M An 7 7 7nnl FINANCE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A AGENDA March 26, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE 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 PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF 1 March 26, 2002 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 341129 (941) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend David Richter, Gulf Shore Community Church 2. AGENDA AND MINUTES Adopted and /or approved with changes — 5/0 with the exception of Item #17A which is 4/1 (Commissioner Carter opposed) A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 26, 2002 — Regular Meeting C. February 27, 2002 — Special Meeting D. March 4, 2002 — Special Meeting E. March 6, 2002 — Workshop 3. PROCLAMATIONS A. Proclamation for Conservancy Volunteer Month. To be accepted by Kathy Prosser, President and CEO of the Conservancy. Adopted - 5/0 B. Proclamation for Friends of the Parks. Adopted - 5/0 C. Proclamation for Collier County Community Development Week. To be accepted by Mr. Denny Baker, Interim HUI Director. Adopted - 510 D. Proclamation for the Anniversary of Know Your County Government Week. To be accepted by Sherrie Achors and Heather Woodward. 2 March 26, 2002 Adopted - 5/0 E. Proclamation for acceptance of the Christopher Columbus Statue by the Knights of Columbus. Adopted - 5/0 4. SERVICE AWARDS Presented Five -Year Attendees: 1) Christopher Sottilaro, Water Treatment 2) Aurelio Perez, Parks and Recreation 3) James Hendrixson, Code Enforcement Fifteen -Year Attendees: 4) John Poczynski, Emergency Medical Services Twenty -Year Attendees: 5) Ervin Collins, Transportation 5. PRESENTATIONS Presented A. A presentation from the most recent "Ideas Team" following their recent visit to Sarasota County. Presented 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics 1) Ty Agoston re Immokalee Road construction 2) Bob Krasowski re Zero Waste in Collier County 3) Jan Krasowski re Zero Waste in Collier County B. Public Petition request regarding traffic signal at the Orchards and Vanderbilt Beach Road. 3 March 26, 2002 Discussed by David Strueble; Commissioner Carter to contact Piper's Grove re interconnect 7. BOARD OF ZONING APPEALS A. This item is being continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2001 -AR -1456, Dwight Nadeau of RWA, Inc., representing Maloney and Sons Equipment Inc., requesting Conditional Use "20" of the Industrial district for a waste recycling and transfer facility for property located at 3600 Prospect Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 4.78+ acres. B. This item was continued from the February 26, 2002 Board of County Commissioner Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2001 -AR -1420, William L. Hoover, AICP, Hoover Planning and Development Incorporated, representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A -MHO" Rural Agricultural Zoning District /Mobile Home Zoning Overlay, for a church and child care center on property located at the northeast corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. Res. 2002 -161 Adopted w /changes — 5/0 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2001 -AR -1414, Kathy Morgan, of Land Development Consultants, representing The Church of Jesus Christ of Latter Day Saints, requesting Conditional Use "2" of the RSF -3 zoning district for a church for property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 5+ acres. Res. 2002 -162 Adopted — 5/0 8. ADVERTISED PUBLIC HEARINGS Moved to Item #17D A. Acceptance of Settlement in the Case of B.J. Boyer - Savard, et al, vs. Collier County, et al, Case No. 01- 1082 -CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat 4 March 26, 2002 dock. B. This item continued from the March 12, 2002 Board of County Commissioner Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- 2002 -AR -1978, requesting a rezone from "RSF -3" Residential Single Family to "PUD" Planned Unit Development to be known as the Henderson Creek PUD, allowing 500 residential dwelling units; and requesting an affordable housing density bonus agreement, requested by Gateway Shoppes, LLC, represented by Richard Yovanovich of Goodlette, Coleman and Johnson, and Wayne Arnold of Q. Grady Minor and Associates, all for property located on the Southside of the Tamiami Trail (U.S. 41) and approximately one -half mile East of Collier Boulevard (CR 95 1) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Ord. 2002 -15 Adopted w /changes — 4/1 (Commissioner Fiala opposed) Affordable Housing Density Bonus Agreement Approved as amended — 4/1 (Commissioner Fiala opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Hispanic Affairs Advisory Board. Res. 2002 -158 appointing Alina Prior Protuondo — Adopted 5/0 B. Appointment of members to the Tourist Development Council. Res. 2002 -159 appointing Susan Becker, Kevin Durkin and Gary Galleberg — Adopted — 5/0 C. Discussion regarding Longshoremen's and Harbor Workers' Compensation Act (L &HWCA) and its applicability to Collier County's Contractors' Ordinance. (Commissioner Henning) Approved — 510 D. Resolution of the Board of County Commissioners of Collier County, Florida supporting increased funding for Regional Planning Councils. (Commissioner Carter) Res. 2002 -160 Adopted — 510 Added: E. Discussion regarding passive parks. (Commissioner Henning) 5 March 26, 2002 Discussed 10. COUNTY MANAGER'S REPORT A. This item to be heard at 9:30 a.m. Recommendation to confirm the appointment of James DeLony to the position of Public Utilities Administrator. (Thomas W. 011iff, County Manager) Confirmed — 5/0 B. Recommendation that the Community Redevelopment Agency (CRA) set a meeting for April 30, 2002, from 9:00 a.m. to 12:00 noon; estimated cost to the CRA is $900.00. (Joseph K. Schmitt, Administrator, Community Development) Approved — 4/0 (Commissioner Carter absent) C. Adopt a Resolution authorizing condemnation of right -of -way and/or easements required for the construction of a four -lane section of Immokalee Road between Wilson Boulevard and CR 951 /Collier Boulevard (Capital Improvement Element No. 71, Project No. 60018). Estimated Fiscal Impact: $5,732,106. (Norman Feder, Administrator, Transportation Services) Res. 2002 -163 — Adopted 310 (Commissioners Carter and Coyle out) D. Present adopted Residential Parking Standards for the Board of County Commissioners reconsideration. (Joseph K. Schmitt, Administrator, Community Development) Staff to bring back clarification during the next LDC cycle (consensus) E. This item to be heard at 11:30 a.m. Review the written and oral reports of the Advisory Boards scheduled for review in 2002 in accordance with Ordinance 2001 -55. Presented Moved from Item #16B1 F. Approve the use of contracted mitigation banks for road construction proj ects. Approved - 5/0 6 March 26, 2002 Moved from Item #16B5 G. Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. Approved - 4/1 (Commissioner Coyle opposed) Moved from Item #16A9 H. Approve the Settlement Agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99- 4226 -CA and 00-3430 - CA. Staff directed to go back to negotiation table with conditions and current offer rejected — 3/2 (Commissioners Coletta and Fiala opposed) Moved from Item #16A18 I. Amend the Budget to reallocate reserve funds in the amount of $100,000.00, previously approved by the Board of County Commissioners in July 2001, for the Immokalee Housing Initiative. Approved in the amount of $40,000— 5/0 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. Report on the Pelican Bay MSTBU Ordinance and Public Opinion Poll. Report accepted; Ordinance to be reviewed by Clerk's Office and County Attorney's Office and come back to the Board — 5/0 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Update regarding the sign for Mr. Chami at the Town Market Project in Olde Cypress B Chair to forward a letter to Porter Goss regarding Community Development Block Grants — 510 B. Staff directed to recommend an organizational structure that could pursue an 7 March 26, 2002 Annual art fair. ------------------------------------------------------------------------------------------------------------ 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. Approved and/or adopted with changes — 5/0 with the exception of Item #17A which is 4/1 (Commissioner Carter opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Final acceptance of Water Utility Facilities for Shalom 2000 Building Addition. Performance Security Released 2) Amend a Grant Agreement from the Florida Fish and Wildlife Conservation Commission for derelict vessel removal to increase the amount awarded by $35,000 to a total of $46,000. 3) Final acceptance of Water Utility Facilities for Medical Offices at Napa Ridge. Performance Security Released 4) Petition CARNY-200 1 -AR- 1713, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting permit to conduct a carnival April 12 and 13, 2002, on county owned property at the Vineyards Community Park located at 6231 Arbor Boulevard. Carnival Permit 2002 -07 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "L'Ermitage at Grey Oaks ". Res. 2002 -146 8 March 26, 2002 Deleted 6) Request to approve for recording the final plat of "Strada Bella" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulation 7) Request to approve for recording the final plat of "Indigo Lakes Unit Five ". 8) Adopt Resolutions enforcing liens on properties for Code Violations. Moved to Item #IOH 9) Approve the Settlement Agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Marano, Case Nos. 99- 4226 -CA and 00- 3430 -CA. 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Island Walk Phase Two ". Res. 2002 -147 11) Request to approve for recording the final plat of "Pine Air Lakes Unit Three ". 12) Final acceptance of water utility facilities for Temple Shalom. Performance Security Released 13) Recommendation that the Community Redevelopment Agency approve the agreement between the Board of County Commissioners, the Community Redevelopment Agency and the Collier County Clerk of Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. 14) Recommendation that the Board of County Commissioners approve the agreement between the Board of County Commissioners, the Community Redevelopment Agency and the Collier County Clerk of Courts for provision of secretarial services to the Community Redevelopment Agency by the Clerk of Courts. 9 March 26, 2002 15) Approval of the Mortgage and Promissory Note for a Two Hundred Thirty -Seven Thousand ($237,000) Dollar Loan to Big Cypress Housing Corporation to assist in the construction of the Main Street Village Affordable Housing Development in Immokalee. Fund source is the Affordable Housing Trust Fund. 16) Reappropriate $30,000 of funds from Tourist Development Reserves to Cover FY02 Brochure expenditures of the County Sheriff and Emergency Management Departments. 17) Approval of an Interlocal Agreement with the Collier County District School Board to authorize plan review and inspection services for construction and maintenance projects of the school districts under the Florida Building Code (FBC); and adopting a schedule of fees for such services. Moved to Item #10I 18) Amend the Budget to reallocate reserve funds in the amount of $100,000.00, previously approved by the Board of County Commissioners in July 2001, for the Immokalee Housing Initiative. B. TRANSPORTATION SERVICES Moved to Item #10F 1) Approve the use of contracted mitigation banks for road construction proj ects. 2) Recommendation that the Board of County Commissioners award Bid #02 -3347 for the Pelican Bay U.S. 41 berm irrigation system to Collier Irrigation in the amount of $98,914.00 and approve the Chairman to execute the contract documents upon attorney review. 3) Approve an Easement Agreement and accept a Drainage Easement for the Lely Stormwater Improvement Project, not to exceed $2,600.00. 4) Approve a Budget Amendment for Work Order Number WMI -02 -04 with Wilson Miller Inc., in the amount of $78,100.00 for the preparation of design documents for improvements of 13'" Street SW, 10 March 26, 2002 from 16th Avenue SW to Golden Gate Boulevard, Project Number Moved to Item #10G 5) Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. 6) Approve Work Order No. APC- FT -02 -01 with Apac, Inc., for turn lane improvements in the amount of $79,814.45 on Golden Gate Parkway at 53rd Street SW, Project No. 60016. 7) Approve a Budget Amendment for a mid -year budget adjustment to the Transportation Capital Project Budget to bring it in line with the FY02 Transportation 5 year work program as presented during the Transportation segment of the 2001 AUIR. The proposed budget change equals $41,595,221. C. PUBLIC UTILITIES 1) Award Work Order SC -02 -45 to Surety Construction Company for general contracting services related to noise issues at the North County Regional Water Treatment Plant, Project 70063, in the amount of $61,000. 2) Approval and execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of water and /or sewer system impact fees. Fiscal impact is $18.00 to record the liens. 3) Approve Change Order 1 to Gulf States Inc. for the Vineyards reuse water automation project, Contract 01 -3211, in the amount of $71,210. 4) Approve Work Order GH- FT -02 -3 with Greeley and Hansen LLC, for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 -MGD, Project 70892, in the amount of $391,365. 5) Approval to enter an agreement with the Florida Department of Community Affairs for the reimbursement of approximately $75,000 11 March 26, 2002 for emergency protective measure expenditures resulting from Tropical Storm Gabrielle. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $22.50 to record the liens. Res. 2002 -148 7) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $42.00 to record the liens. Res. 2002 -149 8) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $52.50 to record the liens. Res. 2002 -150 9) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $64.50 to record the liens. Res. 2002 -151 10) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $88.50 to record the liens. Res. 2002 -152 11) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received 12 March 26, 2002 payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100.50 to record the liens. Res. 2002 -153 12) Approve annual service contract with U.S. Filter for maintenance and repair of odor control units at the South County Water Reclamation Facility, in the amount of $39,600.00. 13) Approve Work Order GH- FT -02 -4 with Greeley and Hansen LLC, for the Growth Management Plan — Sanitary Sewer and Portable Water Sub - Elements Update and Reclaimed Water Sub - Element, Projects 70070 and 73066, in the amount of $112,500. This effort reflects FY2001 Master Plan Updates. 14) Waive formal competition and approve the purchase of 100 remote transmitting units from Data Flow Systems, Inc., for monitoring wastewater lift stations for the cost of $730,000. D. PUBLIC SERVICES 1) Approve a License Agreement with the Marco Island Historical Society to designate land for a future museum on Marco Island. 2) Approval of an Agreement with Dreambound Enterprises, Inc., for the performance of Jo Dee Messina for the Fourth Annual Country Jam Concert in the amount of $60,000. E. ADMINISTRATIVE SERVICES 1) Award Bid #02 -3329 for the annual contract for ready mix concrete to Schwab Ready Mix Inc., and Krehling Industries for an estimated annual expenditure of $25,000. 2) Approve a Resolution revising the Employee of the Month Program as established in Ordinance 87 -5. Res. 2002 -154 13 March 26, 2002 3) Request Board approval of an Interlocal Agreement with the City of Naples for 800 MHz Radio Maintenance. 4) Request Board approval to purchase communications equipment to upgrade the VHF Paging System utilized by Public Safety Agencies in the amount of $52,176.80. Amendments to lease w /Alpine Broadcasting (WAVV), adding 2 VHF antennas and line at the 700 foot level on and existing radio tower at an annual cost of $37,800 5) Award Contracts #01 -3291 "Fixed Term Professional Construction Engineering and Inspection (CEI) Services" to the following firms: TBE Group, HDR Construction Control Corp., Law Engineering and Environmental Services, CH2M Hill, Johnson Engineering, Hole Montes, Barraco and Associates (estimated annual amount $350,000). 6) Award Contract #01 -3292 "Fixed Term Professional Structural Engineering Services" to the following firms: Jenkins and Charland, CH2M Hill, American Consulting Engineers, TKW Consulting Engineering, Anchor Engineering Consultants, Pyper Engineering (estimated annual amount $175,000). 7) Award RFP 02 -3327 — Annual Contract for roadway contractors to Better Roads, Inc., Bonness, Inc., APAC - Florida, Inc., and Florida State Underground for an estimated annual amount of $700,000 to $800,000. 8) Recommendation to declare twelve hundred and fifteen (1,215) County -owned voting machines and other miscellaneous voting equipment as surplus and authorize a sale of the surplus property to County employees and the public pursuant to Florida State Statute 274.06 (estimated revenue $12,150). 9) Authorize Work Order #BSSW -02 -01 issued to Barany Schmitt Summers Weaver and Partners Incorporated, in the amount of $89,630.00, for the design and construction management of EMS Station #19 to be located on Santa Barbara Boulevard. 10) Request Board approval for Multiyear Telephone Switch Maintenance Agreement with Avaya Inc. using State of Florida Contract Pricing 14 March 26, 2002 and Master Agreement at an annual cost of $104,000. 11) Amend the Resolution (02 -120) establishing an Employee Health and Wellness Prevention, Incentive and Reimbursement Program to reward employees who participate in County sponsored or endorsed Health and Wellness Programs in an amount not to exceed $35,000 annually. Res. 2002 -155 12) Request Board approval of a lease agreement between M/A Corn Private Radio Systems Inc., and Collier County generating annual revenue of $72,900 and a Resolution regarding same. Res. 2002 -156 F. EMERGENCY SERVICES 1) Board of County Commissioners approval to advertise an amendment to an Ordinance of Collier County, Florida to increase the millage rate for the Isles of Capri Municipal Fire Service Taxing District; and to provide for an effective date. 2) Approve and authorize the Chairman to sign Certifications of Inability to comply with Rule 29 Code of Federal Regulations (C.F.R.) Section 1910.134 (G) (4) for the Ochopee Fire Control District and the Isles of Capri Fire Control District. G. COUNTY MANAGER Continued to April 9, 2002 BCC Meeting 1) Approval of Budget Amendment Report — Budget Amendment #02- 250 (General Fund 001, IT Administration). H. AIRPORT AUTHORITY 1) Authorize the County Attorney to draft an Ordinance whereby the Board of County Commissioners, pursuant to Subsection 332.08 (2) (A), Florida Statutes, will adopt the "Collier County Airport Authority Rules and Regulations for General Aviation Airports" and will specify the penalties that can be applied against the violator; also to specify various enforcement alternatives that may be used to enforce those 15 March 26, 2002 penalties in the same manner in which penalties prescribed by other Collier County Rules, Regulations, and Ordinances can be enforced; also that the Airport Authority shall advertise the proposed Ordinance in the Naples Daily News and bring that Ordinance to the Board at a public hearing to consider adoption of this requested ordinance. I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve carryforward funding for the Sheriff's Office. 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2001. Copy of Report is available for viewing in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Complex. 3) Recommendation 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. L. COUNTY ATTORNEY Continued to April 9, 2002 BCC Meeting 1) Recommendation that the Board of County Commissioners approve the Settlement in Bettencourt v. Collier County, Case No. 00-0283 - CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice, said $150,000 settlement was arrived at during a mediation of the matter. 2) Approve the agreed order awarding expert fees as to Parcels 246 and 246T in the Lawsuit entitled Collier County v. Jose Alvarado, et al, 16 March 26, 2002 (Golden Gate Boulevard, Project No. 63041), in the amount of $4,512.44. 3) Approve the Agreed Order awarding expert fees to Parcels 244 and 244T in the Lawsuit entitled Collier County v. Jose Alvarado, et al, (Golden Gate Boulevard, Project No. 63041). In the amount of $3,045.33 4) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 357 in the Lawsuit entitled Collier County v. Shane Robertson, et al, (Golden Gate Boulevard, Project No. 63041). Staff to deposit $200 into the Registry of the Court 5) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 172 and 772 in the Lawsuit styled Collier County v. Dominique C. Rihs, as Trustee of the Land Trust Number 5146 -1, et al, Case No. 01- 0819 -CA. Project No. 60071. Staff to deposit $9,175.15 into the Registry of the Court 6) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 170 and 770 in the Lawsuit styled Collier County v. Fred R. Sutherland, et al, Case No. 01- 0756 -CA. Project No. 60071. Staff to deposit $9,143.13 into the Registry of the Court 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. 17 March 26, 2002 A. An Ordinance repealing in its entirety Collier County Ordinance No. 0l -49, which created the Community of Character Council. Ord. 2002 -13 (4 /1 Commissioner Carter opposed) B. An Ordinance amending Collier County Ordinance No. 2001 -76 which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to allow property owners and appointed representatives of property owners to serve on the Advisory Committee; providing for inclusion in the Code of Laws and Ordinance; providing for conflict and severability; and providing for an effective date. Ord. 2002 -14 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2001 -AR -1584, Stan Whittemore, representing T. Michael and Barbara J. Brott, requesting a 5 -foot variance from the required 30 -foot rear yard setback to 25 feet for property located at 384 Fox Den Circle, further described as Lot 32, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. Res. 2002 -157 Moved from Item #8A D. Acceptance of Settlement in the Case of B.J. Boyer - Savard, et al, vs. Collier County, et al, Case No. 01- 1082 -CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat dock. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 18 March 26, 2002 i 2A ' AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 26, 2002 MOVE: ITEM 8A TO 17D: Acceptance of Settlement in the Case of B. J. Boyer - Savard, et al, vs. Collier County, et al, Case No. 01- 1082 -CA, pending in the Twentieth Judicial Circuit Court, Collier County, Florida, relating to the extension of a boat dock. (Staff request.) ADD: ITEM 9E: Discussion regarding passive parks. (Commissioner Henning.) DELETE: ITEM 16(A)8: Adopt resolutions enforcing liens on properties for code violations. (This is a duplicate of Item 16(A)9.) (Staff request.) MOVE: ITEM 16(B)1 TO 10(F): Approve the use of contracted mitigation banks for road construction projects. (Staff request.) MOVE: ITEM 16(B)5 TO 10(G): Approval of rate of pay adjustments for all bus operations and office staff of the Collier Area Transit (CAT) System. Contract increase of $48,889 for the year. (Commissioner Coyle.) CONTINUE: ITEM 16(G)1 TO APRIL 9, 2002 BCC MEETING: Approval of Budget Amendment Report — Budget Amendment #02 -250 (General Fund 001, IT Administration). (Staff request.) CONTINUE ITEM 16(L)1 TO APRIL 9, 2002 BCC MEETING: Approve the Settlement in Bettencourt v. Collier County, Case No. 00- 0283 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida pursuant to which the County would pay $150,000 and all claims against the County would be dismissed with prejudice, said $150,000 settlement was arrived at during a mediation of the matter. (Staff request.) NOTE: For the record Item 10E should read, ".. in accordance with Ordinance 2001 -55." PROCLAMA TION 3A - WHEREAS, The Conservwncy of Southwest Florida is the region's leading non profit environmental organisation; anal, WHEREAS, The Conservancy has helped protect nearly 300, 000 acres of environmentally sensitive land since 1964, including Fakehatchee Strand, Belle Meade, South Go /den Fate Estates, Rookery Bay, and Big Cypress Preserw . and, WHEREAS, The Conservancy actively assists with state and federal land acquisitions and restoration programs in the Greater Everglades Ecosystem and more than 5,500 members support The Conversancy of Southwest Florida, and more than 700 volunteers generously donate their time and expertise to The Conversancy of Southwest Florida; and, WHEREAS, The Conservancy helps shape environmental policy in South Florida by participating in and monitoring more than 125 Southwest Florida environmental issues annual /y; and, WHEREAS, /ocal b;',professlh, inElud /ng►+�et�trl'n;�ned�c aff tend business leaders by $ i . c a /so iest H eir t/m, ai aid ser *10, ` Rtn .q dr WHEREAS, in fiscal '+ "` 20101% ' teens dottrr ' than 50, 0Q� do The Conservancy of South' . x?,la. z Ari ,, ,. NOW THEREFORE, be i K ` by the �oQri�d of County G"�li "" Co//ier County, Florida, that the2 r DONE AND ORDERED THIS 261h Day BOARD OF COUNTY �3B PROCLAMA TION WHEREAS, the friends of the Parks is a core group of volunteers involved in he /ping to raise funds for special park additions, promoting programs, assisting in planning of new programs and of needed facilities; and, WHEREAS, the goal of this group is to develop community pride and partnership between the Parks and Recreation staff and the community, to meet the recreational needs of citizens who utilize the facilities, to make the community parks the hub for community activities and to develop a group of interested citizens who will assist the Parks and Recreation Department in acquiring specialty equipment and additional facilities for future recreational needs; and, WHEREAS, the Friends of the ilitteered a total of more than three thou. '" �; b ours at seven different park loc "., Ai 002 that the NOW THEREFOR, abl`Jc /aimedhi a'6 d *the Art ft be Vic rued b) `. of County Yn C Hers of Col /redjounty Floridda dedication and f theouny`'spe►k stet .:p / ?r DONE AND 7H1'�th QaY' Mph h, 20x02 K PROCLAMATION i 3C WHEREAS, in 2001 Collier County became an "entitlement" recipient of Federal Funds from the U. S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDB6) Program; and, WHEREAS, the CDB6 Program has strengthened America's communities by providing affordable and accessible housing, infrastructure improvements, economic development initiatives, and other public service and revitalization improvements; and, WHEREAS, 2002 marks the 2Sm Anniversary of the CDB6 Program; and, the Secretary of HUD has proclaimed April 1st through 7"' as 'National Community Development Week" and, WHEREAS, the theme is "CD96: Uniting Communities Across America.. and is intended to send a strong message to Congress and the general public that the C0B6 Program plays an important role in ensuring the viability of our cities; and, WHEREAS, Collier CDB6- NOW, DONE AND ATTEST: E. BROOK, CLERK implementation of its well as its continued F` %, Housing and Urban ile :services to Collier oners of April 7% PROCLAMA TION � 3 D .6 WHEREAS, county government is a comp /ex and multifaceted process which affects the lives of a// residents of Collier County; and, WHEREAS, an increased know /edge of how various aspects of county government work can enhance an individuals quality of life in Collier County, and, WHEREAS, it is desirable for a// county residents to be knowledgeable of the county's government and how it works; and, WHEREAS, the League of Women Voters of Collier County, Collier County 4- H, and Collier County Public Schools have co- sponsored the Know Your County Government Teen Citizenship program for 23 years. NOW THEREFORE, be Collier CQ THE 23QO DONE AND Commissioners of 24 -30, 2002 be ATTEST: DwrAf7- E. BROOK, CLERK h; 2002. WEEK .r PROCLAMATION G !3 WHEREAS, Christopher Columbus had the vision, faith and courage to achieve one of the most daring and remarkable expeditionary feats in the history of humankind; and, WHEREAS, his successful voyages would pave the way for millions of immigrants seeking a better life in the New World; and, WHEREAS, the exploits of this renowned sailor, navigator, explorer and man of faith, who first took to the sea at the age fourteen, have. been, and continue to be, an inspiration to people around the world; and, WHEREAS, the Knights of Columbus, the largest catholic fraternal service organization in the world, known for its charitable deeds, service to community, and love of country, selected this brave and visionary man q E , . WHEREAS, NOW DONE AND OR the of of County C�m,"1 sst" of thy+ tittles o {5 m o tl i h istop 3 t us a" 4411PI Old Xq �IT E. BROCK, CLERK TH � f�� 4 ' s K ._ x .s N. er County, Florida, lion on the 12th day F 411rcl that the leer n Florida, on i ounty, a' is generous bus sta : the Knights of A, 6B '•� PETITION TO COUNTY COMMISONERS Dear Commissioner Carter, The undersigned residents, of THE ORCHARDS community located at 7857 Gardner Drive adjacent to Vanderbilt Beach Road, petition you along with all the County Commissioners to address the extremely serious vehicular access problems to and from our community during substantial periods of the day. The lack of highway capacity and the growth along Vanderbilt Beach Road, in our opinion, has had an adverse impact on expeditious Emergency Services response time. In addition, this traffic situation has also seriously impacted the Resident's safety while entering and exiting our community. We have our share of older drivers and first time drivers; these residents are at risk the most. Our children's school buses deal with this condition a number of times each day. Approximately, one year has passed since we last came before you. Since that time a signal has been installed West of our location at the Tiburon and Naples Walk shopping center intersection. The impact on our community from the signal has been negligible. As for the West bound flow of traffic nothing has been done at all. The community is united in the position that this is unacceptable. We cannot understand as we begin the 21 st Century that this problem is insurmountable. Regardless of whether the exact numbers of vehicles or statistics utilized for traffic warrant studies meet the established criteria, there comes a time when good old common sense should come into play! Once again we come before the Board seeking your intervention in this matter. We implore you to help us, do not send us away empty handed again. Your intervention today may help avoid serious injury or loss of life either by Vehicular accidents or Emergency Services responding to our calls for assistance. There have been a number of vehicle accidents /incidents these last months along with countless calls for Emergency Medical Services. Therefore, we request a signal be placed at the entrance to our Community. If this request is again denied then you realize you leave us all at the risk of fate as to our well being trying to exit and enter our community. Please do not send us away again without any help. 66 This is not a matter of convenience, this condition exists and it is a reality anyone who travels in the area is well aware o£ We need your help. Your attention to this matter is anxiously awaited and will be I assure you greatly appreciated. THANK YOU 1-7 �.�� ��, � ��� T fir/ ��_������J �G�. 771( / 7 bg 14 Orchards Community Petition //1", /'/V f- rne I tic, CR J ti'_ 7F 4mey"od Phone Number Siqnc LC ae ft 6- 4. N ". 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PA I V F Add less o"- Number ignatue mss (To -C,? T- P-M V,44 7 77 9�Z OAAFA Lq"ICI 1 -25-, /- In'? ,C) dzu 772 All- 71�C t Dr -Cr 70 LZ I d z TO IL) je,0 C r urcnaras t ommunity retition Phone l4umbi "m ure ci T, 1 AjN�Az�\7�,- x"V m� V-00� U;z colvk& k� )A urcuarus community Jretition /1/1 /' /-J 7' Phone Name Address Number Signature E_e2 4,4 APT 2c 0 y q e 102� 77' U/ s L? Tn- u z-- c- 7/?D/ CngivvER of�) 7 5� 00 -7L V/v F p Y\ C.l V,\ A sr t', _00 /A S- r7 .7 732- O-ONE 0 �q /of A reb 774�A_kiA Orchards Community Petition 6 -Md"me Ad d Or Vs' Number act ( A VN ff-el M M RAWMA, I I ml, am,, �IMWS mwldw.,Almp-�fflw�lmvm�--w m V111W MiA . - r. r z 72 0 �S 93 � ��� � r -7 74 0 S-/ VN ff-el M M RAWMA, I I ml, am,, �IMWS mwldw.,Almp-�fflw�lmvm�--w m V111W MiA . - r. r z a Orchards Community Petition 6B Ad -7 ex, La, n N. 7 717 Ea r-4 er.21,- 13A R 3 t) � K L t5 Y, 4L 7 7/ 7 /Lp P& S'�j v C- ;5� g L) A X (A f-gxt)1 kz9rns., 7701 r r car )-3- #mod r Y-F1 - OY eik� 7 Orchards Community Petition 66 ' 'PR / A) - Phone Name Address Number 5ignature 14 A M4 Q et- - 11�1-a2SXI t- 11-023// G 7r7�� ,� 'fir- '-�- -' �� '�� ��' � �( '� • -7 Ca,,LAel r 4 �r op 4. V 3 IY14 4C At/ 11<1 -7 A D A.�.d Orchards UOMMunity Petition 6 p � Phone Mii ri �P'k I AM) Address Number Signature f kmj-I J'9 a-- / I y t-I ,V-e 4 - 7 v nl - *7c� 3 3 Ll 1tl a ;�ccre- 77.E C16 Yi k C C"I" e'w' ci 7f y` (,--a -I. b)r. `� �-- -,��"9 - 0 8/ i CaR RjI�j kELLCk, 711 9 ends 1 hv.� i 5d (ra rl, ner Lam- 4- Zit 4� 9LPl - 50I�, - S y 9 ZL Be 7'2rA l G,,V -nL)6fz 1© 2 .5i4 4 -1[44 ' nay , .}{rr_ i oz. '914 -C 7 3 y ri L . , F; )4 / ) Si ,4ini, C> i fr -779/0 GkrVA01(i )E_ 210 1A )O ff' C I oe Orchards Community Petition A �.l JA r V! 60 0 1 t. -7 C% e --- - ------ orenaras community Petition 16-3 Phone Name Address Number Signature Yc e C;123 L J6 0� R Vat) �7 c"Pit �zl crlvlvo� kzz LIU ID q I I 071S �-4,/ A) _vc (2 /4 —7 Rrav\ c-e c, ""Nvool ('r, DL11- 154XI OWfU& 0, 2�3 7 Ciafia 12 2- V l- Vrcbarcts Community Petition C� o q -e Nll c'l w'C� 7 Phone Number A) 6B Signature urenaras community Petition Phone 61� '2102 32- Al, 3 C1, AJ T744- AA 7 2,-Tj- ��efP— <Ivee 6 1 t 1.07 --U-04 2,L3 L3 C,�L&t,4 14,,l L L (A 'Zb qY ci/-2 2 3 C46 ej> 6-�?j -9(91 Ll C t t,),Jj�t �, Orchards Community Petition Phone K I-- AAAr•occ MllMhp-r Sionature Ikl r -r f-, pn(:;6f C u, 7-�Y)o 71 3 b) vi 1/1 sz J-73 7 C, jj r 3 �PinF2 7-7,a7 v A ll� C u, 7-�Y)o 71 3 b) vi 1/1 sz J-73 7 C, jj r 3 �PinF2 7-7,a7 Orchards Community Petition r: " 6B '� Phone Name Address Number Signature ►)zo erms It WC,?vo-S;G6 Z- ,z "4!� 14 62�&-ZTr— M S - 71"LS—CILLOS /7/n �2 a4 a M Sr2 & + � � A n� � S ' ?oo L L D I 0M Qad e wq< 76 1-7 M -76,26, C- Z2 L41 -71 (213 �?In4v—k C-77-i9�- Or-IL,15 A,1,1L -40 Orchards Community Petition 6 B Phone Name Address Number Signature 4((:3 W It Lv L6� �ST ------ 4--� wq< 76 1-7 M -76,26, C- Z2 L41 -71 (213 �?In4v—k C-77-i9�- Or-IL,15 A,1,1L -40 Orchards Community Petition Phone Name Address Number Signature 64 sty /Irk.1 e 7 OT IcE- 03 7-PtS 17"t IcE- Orchards Community Petition 6 B Name Mom, Address Number Sin tune . a- �.�. c_SZ.1 'C- S sy-)a C/ 0 Vce �Aoyj e v-7 -- L,14f- .-✓ /J'� //y ��/y / j, /(� /yam /",/�,� /� s � v r I Orchards Community Petition Aj Phone Name -Address Number signature 6-pzo �oEf�, 1Q(S -7,-/ � 7 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 1*7 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement O Other: (Display Adv., location, etc.) * * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Date: Petition No. (If none, give brief description): CU- 2001 -AR -1420, Seventh Day Adventist Church, 239 Fairway Circle, Naples, FL 34110 Petitioner: (Name & Address):William L. Hoover, Hoover Planning & Dev., Inc., 3785 Airport Rd. North, Suite B -1, Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: Pastor C. Rampton, Seventh Day Adventist Church, 239 Fairway Circle, Naples, FL 34110 Hearing before 0 BCC O BZA 0 Other Requested Hearing date: I � Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: CU- 2001 -AR -1420, William L. Hoover, AICP, Hoover Planning and Development, Incorporated, representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A -MHO" Rural Agricultural Zoning District/Mobile Home Zoning Overlay, for a church and child care center on property located at the northwest corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 ed by: k jproved by: Division Head Date County Manager Date List Attachments: 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: 0 County Manager agenda file: to 0 Requesting Division 0 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: Date Received: o 1 Date of Public he a Advertised -.-1= trn-0 -d— RESOLUTION NO. 02— A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND CHILD CARE CENTER CONDITIONAL USES 7 AND 11 RESPECTIVELY IN THE "A -MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 SOUTH, RANGE 27 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) 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 uses "7" and "11" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, 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 filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Uses "7" and "11" pursuant to Section 2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a 1 church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: -To e Exhibit "D" which is attached hereto and incorporated by reference herein. 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 , 2002. ATTEST: DWIGHT E. BROCK, Clerk Ivy Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA mm CHAIRMAN FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2001 -AR -1420 The following facts are found: C7B 1. Sections 2.2.2.3.7, and 2.2.3.11 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" r7B LEGAL DESCRIPTION Northeast '/. of the Southeast '/, of the Southeast '/. less and- except the East and South 30 feet thereof reserved ;or road purposes and the East '/: of the Southeast 'A of the Southeast '/. of the Southeast '/, less and except the North and East and South 30 feet thereof reserved for road purposes of Section 23, Township 47 South, Range 27 East, of the Public Records of Collier County, Florida. CU- 2001 -AR -1420 EXHIBIT "B" p �I a I I I N I � I I f I L I I i I I I i � I � Yob t." 7 B "-t f> E� oil ER I� 1 �i llll ll � r —n r —,v � oil � kill ull i "'� rn 67, IF 3 DAY ADVENTIST C!� + a n WsTSt PLAN - E70'�IT 'A' CU- 2001 —AR -1420 EXHIBIT "C" 7 B 4 CONDITIONS OF APPROVAL CU- 2001 -AR -1420 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). 2. Lilac Lane st be paved from Immokalee Road to the end of the northern most driveway olac Lane. All road improvements must take place prior to the issuance of the first Certifi ate of Occupancy for this project. 1 3. Construction of ,phas s and III shall not commence until t e--t tat�- I mokalee R oa is - laned to Everglades Boulevard. Phase a cludes a 6,800 square church buildiZe Wnd ll outdoor recreational amenities. P ase II includes a 16,800 square nsion to the church. And ase III includes a 2, q 400 square f childcare center. V,1 4. East and wesloound turn lanes shall be provided by the applicant on Immokalee Road. This road improvement shall take place prior to the issuance of the first Certificate of Occupancy for this project. 5. Fifteen (15) percent of the existing native vegetation on -site shall be retained as required in Section 3.9. .5.3 of the Land Development Code. applicant shall r vide a 15'� wide landscape buffer along the southern 6. The appl p property line adjacent t Immokalee Road.,,L,� � is � V7Bi December 26, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2001 -AR -1420 Dear Pam: Please advertise the above referenced notice on Sunday, January 6, 2002, 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 7B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 22, 2002, 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- 2001 -AR -1420 William L. Hoover, AICP, Hoover Planning and Development, Inc., representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses 117" and "11" of the "A -MHO" Rural Agricultural Zoning District /Mobile Home Zoning Overlay, for a church and child care center on property located at the northwest corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 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. 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 COMMISISONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) December 26, 2001 Pastor C. Rampton Seventh Day Adventist Church 239 Fairway Circle Naples, FL 34110 Re: Notice of Public Hearing to consider Petition CU -2001- AR -1420 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 22, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 6, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure ! 7g Al December 26, 2001 William L. Hoover Hoover Planning & Development, Inc. 3785 Airport Road North, Suite B1 Naples, FL 34105 Re: Notice of Public Hearing to consider Petition CU -2001- AR -1420 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 22, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 6, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure x'76 Teri Michaels To: paperrell @napiesnews.com Subject: CU- 2001 -AR -1420 Thanks! CU- 2001 -AR -1420. CU- 2001 -AR -1420. DOC doc Teri Michaels P70 '.. From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, December 26, 2001 12:49 PM To: Teri Michaels Subject: Delivered: CU- 2001 -AR -1420 I "1 CU- 2001 -AR -1420 «CU- 2001 -AR- 1420» Your message To. ' paperrell @napiesnews.com' Subject: CU- 2001 -AR -1420 Sent: Wed, 26 Dec 200112:31-.06 -0500 was delivered to the following recipient(s): Perrell, Pamela on Wed, 26 Dec 200112:49:03 -0500 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS :.HRIS HORTOV PO Box L13016 NAPLES FL 74111101­30145 REFEF.ENCE: 001230 1131383126491 58375004 CU- 2001 -AR -1420 NOTI State of Florida County of Collier Before the undersigned authority, personaLLy appeared Angela Bryant; who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of the 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 e.tered 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 attLrhpri cnpy of cdvertiserent; and affient further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, conimissior. or refund for the purpoae of securing this advertisement for publiction in t,e said newspaper. < <UBLISiED CN: C! '06 AD SPACE: 1U0.000 INCH FILED ON: 01/07/02 ---------------- Signature of Affiant C Sworn to and Suoscribad be Personalty known I;y me _,z cl �l_Lc -c Y me this %l_�ZLIAY of v "rik, Donna Chesney My Commission 00056336 Expires September i i, 200s 7B thal A Con Ch 0=0 Jon RECEIVrLj JAN 1 0 2002 FINANCE Rural A u1- Zoning D ct/ Mobile Home Zanlna overlay for a and on property core center located at the northwest corner of Lilac Lane and Immo- owruhlP I 7 Souttr, R 27 Bast NO All Persons append tt0teM speak on twat. regis- ter wifh the Courtly Ad- minlstralor prior to pre - seniatlon or The aagdenda dlvkkl�al do � !I bee I any tt�r� The selection of a1 IrKltvldual to speak on behalf oft on orgaslmtio W yi as meson for a group may be al- ar 14 v14 minutes to speak on on Item. . Persons wishing to have written nqrr QraPhic mglerbb Included 'In ft t bM iers►nsod matlol a mininnurn or 3 weeks public Ing respective n y case, wrttteri moterkols In- tended gtpo �be considered bV the 10 shall be sub - Co� staff a min mum the record. part of Any parson who decid- es to appeal a decision of the Board will need a_ re- 0 N_o._ 194918Q Till Maureen A. Kenyon From: Cecilia Martin Sent: Tuesday, January 22, 2002 8:41 AM To: Maureen A. Kenyon Cc: Sue Filson Subject: FW: Agenda Item 17 "C" (CU -01 -AR -1420) - - - -- Original Message---- - From: bellows_r Sent: Tuesday, January 22, 2002 8:35 AM To: brock_m; johnson_c; martin_c Cc: oldham_1 Subject: FW: Agenda Item 17 "C" (CU -01 -AR -1420) Please be advised that the applicant for agenda Item 17 "C" has requested a continuance to allow them to resolve some issues concerning the location of the child care center. This petition will have to be continued to the February 26th BCC meeting. Thank you for your assistance in this matter. Ray - - - -- Original Message---- - From: Naples74 @aol.com [mailto:Naples74 @aol.com] Sent: Monday, January 21, 2002 8:21 PM To: raybellows @colliergov.net Subject: Immokalee Road Church Petition Bill Hoover had to leave town over the weekend. I finally got a hold of Tom Henning today but learned he didn't pull the item from the summary agenda. I assume it was Jim Colletta. Please ask the board to continue this item to their next meeting. That will give us time to resolve any issues with Jim. Thanks, Mike Davis 1 40*. Maureen A. Kenyon From: Cecilia Martin Sent: Monday, February 25, 2002 7:19 AM` To: Minutes and Records Cc: Maureen A. Kenyon Subject: FW: CU -01 -AR -1420, 7th Day Adventist Church • - - - -- Original Message - - - -- • From: martin _c • Sent: Monday, February 25, 2002 7:17 AM • To: bellows_r • Subject: RE: CU -01 -AR -1420, 7th Day Adventist Church • I am sending this E -mail to Minutes and Records. They will need to • readvertise this petition as it was continued from January 22nd BCC • meeting to February 26th meeting already. This will go past the 5 week • advertising requirement, will need to be readvertised. • - - - -- Original Message - - - -- • From: bellows_r • Sent: Friday, February 22, 2002 11:05 AM • To: martin_c • Cc: filson_s; johnson_c; oldham_1; brock_m; Minutes and Records • Subject: CU -01 -AR -1420, 7th Day Adventist Church > Cecilia, > Bill Hoover has sent a letter requesting that the above referenced > petition be continued from the February 26, BCC meeting to the March 26, > 2002 BCC meeting. This will give him time to make some modifications to > the application. • Thank you for your assistance! If you have any questions, please do not • hesitate to ask. > Ray rya *'! February 22, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2001 -AR -1420 Dear Pam: Please advertise the above referenced notice on Sunday, March 10, 2002, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 P7B ". NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 26, 2002, 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- 2001 -AR -1420 William L. Hoover, AICP, Hoover Planning and Development, Inc., representing Pastor Colin Rampton, of the Seventh Day Adventist Church, requesting conditional uses 117" and "11" of the "A -MHO" Rural Agricultural Zoning District /Mobile Home Zoning Overlay, for a church and child care center on property located at the northwest corner of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 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. 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 COMMISISONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 7B Ellie J. Hoffman To: paperrell @naplesnews.com Subject: Petition CU- 2001 -AR -1420 Hi Pam, Kindly advertise the above referenced notice as indicated on the attachment. Thank you. Ellie 1 CU- 2001 -AR -1420. CU- 2001 -AR -1420. DOC doc Ellie J. Hoffman From: System Administrator [postmaster @naplesnews.com] Sent: Monday, February 25, 2002 9:01 AM To: Ellie J. Hoffman Subject: Delivered: Petition CU- 2001 -AR -1420 ,J Petition CU- 2001 -AR -1420 <<Petition CU- 2001 -AR- 1420» Your message To: 'paperrell @naplesnews.com, Subject: Petition CU- 2001 -AR -1420 Sent: Mon, 25 Feb 2002 09:08:31 -0500 was delivered to the following recipient(s): Perrell, Pamela on Mon, 25 Feb 2002 09:01:09 -0500 1 February 22, 2002 Pastor C. Rampton Seventh Day Adventist Church 239 Fairway Circle Naples, FL 34110 Re: Notice of Public Hearing to consider Petition CU -2001- AR -1420 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 10, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure C 7B t! February 22, 2002 William L. Hoover Hoover Planning & Development, Inc. 3785 Airport Road North, Suite B1 Naples, FL 34105 Re: Notice of Public Hearing to consider Petition CU -2001- AR -1420 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 10, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure Maples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHRIS HORTON PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 58413329 CU- 2001 -AR -1420 NOTI State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she aer4a* as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Col.lipr Cn,1nty, F'.orida: that the attached copy of advertising was published in said �iatee listed. Fffiant further saws 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 pv;lishel in said Collier County, Florida, each day and has been entered as second class mail matter at >:;re post office in Maples, 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 promiseZ 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: 03/10 AD SPACE: 100.000 INCH FILED ON. 03/11/02 Signature of Affiant S'G Sworn It^ and Si,b%r-ringd b me this day of 20 PeesOnally'known by me `01 Donna Chesney MY COrrwnission 00058338 Expires September 11, 2005 78 AR -1420. William L. Hoover,.AICP, Hoover Planning and Develop- ment Inc., represent- ing Wastor Colin ROmp- ton, of the Seventh Day Adventist Church re- questing conditional uses "7 and 11" of the "A -MHO" Rural Agricultural Zoning District /Mobile Home Zoning Overtax. for a In Section 23 Township 477 South, mange 27 NOTE: All Persons wishing to speak on any agenda Item must regis- ter with the County Ad- ministrotor rior to pre- sentation of the agenda Itemrf�� to be addressed In- dlvidual 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 encoura�, If recognized by the Chair, a spokesperson for a group lotted 01 m nutes to ssppeaak on on Hem. Persons wishing to have written or graphic materials Included in the Board agenda pockets must submit said material a minimum of 3 weeks prior to the respective e �ni ils I written materials tended to be considered by the Board shall be sub- mitted to the apprpp�� ate County staff a minimum of seven days prior to the public hear ng. All malerl- al used in presentations ,before the Board will be- e a Manerrl Bart of Any person who decid- es to appeal a decision of the Board will need a re- cord of the proceedings pertainIno . thereto and therefore may need to ensure $tat a verbatim record of the proceedings Is made which record In- cludes %e testimon�y and evidence uoon whkh the COLLIER COUNTY, FLORIDA CH AIR NOLETTA, DLWIGHT E. BROCK, CERK B I Deputy Clerk ( Hoffman, Mar.3 No. 19011481i 7B RESOLUTION NO. 02— 161 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHURCH AND CHILD CARE CENTER CONDITIONAL USES 7 AND 11 RESPECTIVELY IN THE "A -MHO" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON PROPERTY LOCATED IN SECTION 23 ,TOWNSHIP 47 SOUTH, RANGE 27 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) 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 uses "7" and "11" respectively of Section 2.2.2.3. in an "A -MHO" Rural Agricultural Zone with Mobile Home Overlay for a church and a childcare center, 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 filed by Hoover Planning and Development, Incorporated, representing the NE Naples Seventh Day Adventist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein. be and the same is hereby approved for Conditional Uses "7" and "11" pursuant to Section 2.2.2.3 of the "A -MHO" Rural Agricultural Zoning District with Mobile Home Overlay for a 76 church and childcare center in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 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 _44p;tJL day of �AdvL4 -4--"' , 2002. BOARD OF ZONING APPEALS COLLIER CO Y, FL O ID BY: JAM 4V,4. COLETTA, CHAIRMAN ':a s 4 • r � by ' • ✓`:� GATT � T: t DW . BROCK, Clerk signat" Mly. Approved as to Form and Legal Sufficiency: Marjor' M. Student Assistant County Attorney CU -2001 -AR- 1420 /RB /10 7B � 1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2001 -AR -1420 The rollowing facts are found: 1. Section 2.2.3. 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 ix- 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 I No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or , Affect mitigated by y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes G' No Banc- i on the above findings, this conditional use shou�d with stipulations, (copy attached) (sho,, ld not) be recommended for approval DA -.:_. I �'' 2� ,j L' MEMBER: EXHIBIT "A" _ 78 = LEGAL DESCRIPTION Northeast '/. of the Southeast '/. of the Southeast '/. less and- except the East and South 30 feet thereof reserved for road purposes and the Southeast feet reserved fo , thereof r e r road Southeast /4 ' less and except the North an d East and purposes of Section 23, Township 47 South, Range 27 East, of the Public Records of Collier County, r 1orida. C] CU- 2001 -AR -1420 EXHIBIT "B" VE / I L� n u w Yr y I Iga I ----- - - - - -- I� -, al II 1111 11 l� i ii �Ji�i �i i III �I ill 1111 ; �� �. N• �� I tl �- -� a 1 1 1 �l 11 l � I� I I II I 0111111, T tq, 40 n.i 1 � hill, i°�yin_ A CU- 2001 —AR -1420 SEM DAY ADVWr*T C� UMN MENEM g' NORTHEAST NAPLES SEVEri� nAV AnVF TIQT f48 i!M8 EXHIBIT "C" 9 ■ ■ CONDITIONS OF APPROVAL CU-2001-AR-1420 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). 2. Lilac Lane shall be paved from Immokalee Road to the project's driveway entrance. All road improvements must take place prior to the issuance of the first certificate of occupancy for this project. 3. Construction of phases II and III shall not commence until the time that Immokalee Road is four laned to Everglades Boulevard. Phase I includes an 18,000 square foot church building (300 seats) and all outdoor recreational amenities. Phase II includes an 18,000 square foot expansion to the church with a total of 500 seats. And Phase III includes a 2,400 square foot childcare center. 4. The property owner shall dedicate at no cost to Collier County the right -of -way needed for the widening of Immokalee Road in lieu of constructing turn lanes within 90 (ninety) days upon written request by Collier County. The County shall construct the turn lanes when needed. The petitioner shall have a Sheriff's Deputy direct traffic at the intersection of Immokalee Road and Lilac Lane just prior to and after church services. 5. Fifteen (15) percent of the existing native vegetation on -site shall be retained as required in Section 3.9.5.5.4 of the Land Development Code. 6. The applicant shall provide a 15' wide landscape buffer, which shall be located along the southern property line subsequent to the right -of -way dedication of condition #4 prior to the issuance of the first certificate of occupancy. 7. The childcare facility shall be located along the western property setback line on the subject site. EXHIBIT "D" ! ,a 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 13 Other. (Display Adv., location, etc.) ****** w** wwwwwwwwwwwwwwwwwwwwwwwwwwww, rwwwwwwwwwwwwwwwwww+► w *wwwr *w+►wwww +wwwwwwwwwwwwwwwww Originating Dept/ Div: Comm.Dev.Serv./Plannin g Fred Reischl Date: Petition No. (If none, give brief description):CU-2001 -AR- 1414, The Church of Jesus Christ of Latter Day Saints Petitioner: (Name & Address): Kathy Morgan, Land Development Consultant, 6747 Plantation Manor Loop, Ft. Myers, FL 33912 Name & Address of any person(s) to be notified by Clerk's Office :The Church of Jeses Christ of Latter Day Saints, 13254 Summerton Drive, Orlando, FL 32824 Hearing before 0 BCC Cl BZA G Other Requested Hearing date: March 26, 2002. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other G Legally Required Proposed Text: (Include legal description & common location & Size: CU- 2001 -AR -1414, Kathy Morgan, of Land Development Consultants, representing The Church of Jesus Christ of Latter Day Saints, requesting Conditional U se "10" of the "C -1" district and Conditional Use "2" of the RSF -3 Zoning District for a church for property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 5t acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes Cl No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: Division Head List Attachments: Approved by: Date County Manager Date 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 distribute copies: office request for same, is submitted to County Attorney before submitting to County Manager. The Manager's oce will 17 County Manager agenda file: to 0 Requesting Division p Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office rwr* ww* wwwwrwwwwwwswww* wwwwwrww****** wwwwwrwwwwrwww,► rwwwawwwwtwtwwwwwwwwwww ,rwretairw1S w spy for file. FOR CLERK'S OFFICE USE N Y: Date Received: o z Date of Public hearing: 46 0z. Date Advertised: to o Z f 7C , " RESOLUTION NO. 02- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, CONDITIONAL USE "2" OF THE "RSF -3 ZONING DISTRICT PURSUANT TO SECTIONS 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5± ACRES. 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) 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 "2" of Section 2.2.4.3. of the RSF -3 Zone for a church 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 filed by Kathy Morgan of Land Development Consultants, representing The Church of Jesus Christ of Latter -day Saints, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF -3" Zoning District for a church in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. Board. P 7C 1 "i 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 , 2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjori M. Student Assistant County Attorney CU -2001 -AR- l 414 /FR/lo t'7C 0 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2001 -AR -1414 The following facts are found: 1. Section 2.2.4.3.2 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 to the BZA. DATE:_ CHAIRMAN: EXHIBIT "A" t 7C , -4 Legal Description for Conditional Use Request The Church of Jesus Christ of Latter -Day Saints A PARCEL OF PROPERTY BEGINNING AT IRON STAKE AT THE INTERSECTION OF STATE ROAD 29 AND THE SOUTH CORNER OF GLIDDEN PROPERTY, SOUTH 00 053'41" EAST, A DISTANCE OF 370.56 FEET, THENCE SOUTH 89 002'05" WEST, A DISTANCE OF 700.00 FEET, THENCE NORTH 01053'41" WEST, A DISTANCE OF 371.42, THENCE NORTH 89 °06'19" EAST, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE NE 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. CU- 2001 -AR -1414 PROJECT #2001080025 DATE: 9 /5/01 Exhibit "B" FRED REISCHL 7C CU- 2001 -AR -1414 EXHIBIT "C" (page one of two) t 5, .; ............. ASPHALT 4,300 S.F ADDITION' Y' F z o i i 12,728 S.F CHURCH ° TYPE V CONSTRUCTION M ! (� D _ ' o HEIGHT < 35 FEET FIRE SPRINK: ED ° • ,a c _ F F.E . = 37 00 ° k n �; - EXHIBIT "C" (page one of two) CU- 2001 -AR -1414 ®= area of church = area of Conditional Use EXHIBIT "C" (page 2) w N W r UI C3 z 7C , ,T.j CU- 2001 -AR -1414 1. A sidewalk, six feet in width, along SR 29, from the north property line to the south property line, shall be depicted on the Site Development Plan. 2. Prior to approval of the Site Development Plan, the petitioner shall submit a Traffic Impact Statement to the Planning Services Director. 3. Prior to approval of the Site Development Plan, the petitioner shall submit a copy of the Florida Department of Transportation Right -of -Way Permit to the Planning Services Director. 4. A parcel, 0.82 acres in size, shall be depicted on the Site Development Plan as preserve area. Preserve area calculations shall be provided on the Site Development Plan. 5. The petitioner shall depict all landscape buffers and other required landscaping on the Site Development Plan in accordance with Land Development Code Division 2.4. 6. Prior to approval of the Site Development Plan, the petitioner shall submit the following: stormwater calculations signed and sealed by a Florida professional engineer, legal proof that the adjacent property owner to the west will allow stormwater discharge from the proposed project onto his /her property, evidence that the maximum allowable discharge rates shall be per Ordinance 90 -10 (as amended), and a copy of the South Florida Water Management District permit, permit modification or waiver. EXHIBIT "D" 7C " March 1, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2001 -AR -1414 Dear Pam: Please advertise the above referenced notice on Sunday, March 10, 2002. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Joanne R. Allen, Deputy Clerk P.O. /Account # 113- 138312- 649110 7C wv-*� NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 26, 2002, 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- 2001 -AR -1414 Kathy Morgan of Land Development Consultants, representing The Church of Jesus Christ of Latter Day Saints, requesting Conditional Use 1110" of the "C -1" district and Conditional Use 112" of the RSF -3 Zoning District for a church for property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 5+ acres. 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. 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 COMMISISONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /JoAnne R. Allen, Deputy Clerk (SEAL) 4� 4.�HE CIl1cG'ro Dwight E. Brock Clerk March 1, 2002 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 Mrs. Kathy Morgan Land Development Consultant 6747 Plantation Manor Loop Ft. Myers, FL 33912 " 7C , �..! CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Petition CU- 2001 -AR -1414 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 10, 2002. You are invited to attend this public hearing. Sincerely, DWIG T E. BROC�KK, CLERK anne R. Allen, Deputy Clerk Enclosure is 04 B GRcGlr w v � Dwight E. Brock Clerk March 1, 2002 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101 -3044 The Church of Jesus Christ of Latter Day Saints 13254 Summerton Drive, Orlando, FL 32824 7c CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Petition CU- 2001 -AR -1414 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 10, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK oanne R. Allen, Deputy Clerk Enclosure Joanne R. Allen 7 C : To: paperrell @naplesnews.com Subject: March 10, 2002 Advertisement Hi Pam, Please advertise the enclosed on Sunday March 10, 2002. Thanks for your help. JoAnne Ti CU- 2001 -AR -1414. DOC DU-2001-AR-1414.c oc JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. Joanne R. Allen From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 01, 2002 2:51 PM To: Joanne R. Allen Subject: Delivered: March 10, 2002 Advertisement I l March 10, 2002 Advertisement <<March 10, 2002 Advertisement>> Your message To: 'paperrell @naplesnews.com' Subject: March 10, 2002 Advertisement Sent: Fri, 1 Mar 2002 14:58:28 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 1 Mar 2002 14:51:23 -0500 JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. 7C 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 newspaper 1 time(s) in the issue on March 10, 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, 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 This 12`h day of March, 2002 ID r\.Q CL (Signature of notary public) P ov ny Donna Chesney 4� My Commission DD056336 NY - orwa' Expires September 11, 2005 ,ch ofnting County. Florida, Can - slstln . of 5+ acres. NOT All Persons WW *4-40 -err" wFlh throe Co re unnty Ad-- mtnl rato pre- to essed. In- dividual 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 enc wooed. If recognized by the Chair, a spokesperson far agroup or zatlon may be al- k►fFed 10 minutes to speak on an Item. Persons wishing to have wrtlten or oraphic materials Incl In the BO°rit packets must said r a minimum of 3 weeks prior to the respective public hearing. In any R r 10 be materials In- Board shall be sub - mtMed to therm late CourntY staff a rn mum come a Permanent part of the record. Any person who decid- es to appeal a decision of the Board will need a re- cord of the proceedings pertaining thereto and therefore n�Y need to ensure {hat a verbatim OLETTA BROCK, ne R. Allen 0:1'�c 7C RESOLUTION NO. 02- 162 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, CONDITIONAL USE "2" OF THE "RSF -3 ZONING DISTRICT PURSUANT TO SECTIONS 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5+ ACRES. 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) 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 "2" of Section 2.2.4.3. of the RSF -3 Zone for a church 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 filed by Kathy Morgan of Land Development Consultants, :representing The Church of Jesus Christ of Latter -day Saints, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF -3" Zoning District for a church in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. Board. a7C 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 o? 4—,i$, day of % 46A- _AJ , 2002. ^:\�tr�o3 i+�r9i11i OWMHTZ�)✓:.BROCK, Clerk s9 . t;;i t'o -CM fnan's Approved as to Form and Legal Sufficiency: Marjor' M. Student Assistant County Attorney CU- 2001 -AR- 1414 /FR/lo FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2001 -AR -1414 The following facts are found: R 7C 1. Section 2.2.4.3.2 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 to the BZA. WW-9 CHAMMAN: KL Exhibit "A" 7C Legal Description for Conditional Use Request The Church of Jesus Christ of Latter -Day Saints A PARCEL OF PROPERTY BEGINNING AT IRON STAKE AT THE INTERSECTION OF STATE ROAD 29 AND THE SOUTH CORNER OF GLIDDEN PROPERTY, SOUTH 00 053'41" EAST, A DISTANCE OF 370.56 FEET, THENCE SOUTH 89 °02'05" WEST, IWESTC A DISTANCE OF THENCE NORTH 0105341" 371.42, THENCE NORTH 89 °06'19" EAST, A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING IN THE NE 1/4 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. CU- 2001 -AR -1414 PROJECT #2001080025 DATE: 9/5/01 Exhibit "B" FRED REISCHL CU-2001-AR-1414 , z ASPHALT C - t 7t 4,300 S.F r IIADDITION W 12.728 S.F CHURCH TYPE V CONSTRUCTION HE I GHF < 35 FEET FIRE SPRINKLED F F.EL. = 37 00 S. 00'53 "41 370, 32(M) 7A j. 11 6 ( 11 ) EXHIBIT "C" (page one of two) roc 0 M o 1°' C) -�Z =;04 12.728 S.F CHURCH TYPE V CONSTRUCTION HE I GHF < 35 FEET FIRE SPRINKLED F F.EL. = 37 00 S. 00'53 "41 370, 32(M) 7A j. 11 6 ( 11 ) EXHIBIT "C" (page one of two) roc 1°' CU- 2001 -AR -1414 7C * a ®= area of church ®= area of Conditional Use EXHIBIT "C" (page 2) NW tl� O Z 7C-'` CU- 2001 -AR -1414 1. A sidewalk, six feet in width, along SR 29, from the north property line to the south property line, shall be depicted on the Site Development Plan. 2. Prior to approval of the Site Development Plan, the petitioner shall submit a Traffic Impact Statement to the Planning Services Director. 3. Prior to approval of the Site Development Plan, the petitioner shall submit a copy of the Florida Department of Transportation Right -of -Way Permit to the Planning Services Director. 4. A parcel, 0.82 acres in size, shall be depicted on the Site Development Plan as preserve area. Preserve area calculations shall be provided on the Site Development Plan. 5. The petitioner shall depict all landscape buffers and other required landscaping on the Site Development Plan in accordance with Land Development Code Division 2.4. 6. Prior to approval of the Site Development Plan, the petitioner shall submit the following: stormwater calculations signed and sealed by a Florida professional engineer, legal proof that the adjacent property owner to the west will allow stormwater discharge from the proposed project onto his/her property, evidence that the maximum allowable discharge rates shall be per Ordinance 90 -10 (as amended), and a copy of the South Florida Water Management District permit, permit modification or waiver. EXHIBIT "D" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARING$ . 8B c_ To: Clerk to the Board: Please place the following as s: XXX Normal. Legal Advertisement G Other. (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning .°nD_ Date: ''I It ro`L -- Petition No. (If none, give brief description): PUDZ- 2001LAR- 1978, Gateway Shoppes Associates, LLC Fetitioner: (Name & Address): D. Wayne Arnold, AICP, Q. Grady Minor & associates, P.A., 3800 Via Del Rey, Bonita Spriggs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: Gateway Shoppes Associates, LLC, G= Castle Key Plaza, 4525 EAst 82nd Street, Indianapolis, IN 46250 Hearing before O BCC 0 BZA G Other Requested Hearing te:�Mar�ch �2002, d on advertisement appe 15 ys before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News 17 Other O Legally Required Proposed Text: (Include legal description & common location & Size: PUDZ - 2002 -AR -1978, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A, representing Gateway Shoppes Associates, LLC, requesting a rezone from "RSF -3" to "PUD" Planned Unit Development to be known as Henderson Creek PUD for a maximum of 500 residential dwelling units of which 363 units must be constructed as affordable housing units for property located on U.S. 41 East, approximately mile east of Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County% Florida, consisting of 45.8* acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? G Yes O No If Yes, what account should be charged for advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: ivision Head Date County Manager Date List Attachments: 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: 0'. ,County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. - Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. '« Twit««. w+►* w**«««***««,►*«««*««« w***«**«**« w«*«««« w««*««««« «+► « « « « « « « * « « * « « * « * « « « « * « « « « «t« FOR CLERK'S OFFICE USE Y: Date Received: /S� d Date of Public hearing: D Date Advertised: D.Z� ORDINANCE NO. 02- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -3" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDERSON CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE -HALF MILE EAST OF COLLIER BOULEVARD (S.R. #951), IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Gateway Shoppes Associates, LLC, 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 herein described real property located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "RSF -3" to "PUD" Planned Unit Development in accordance with the Henderson Creek PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 1603S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney !"t1t�ZgOCI AR- 1978/RHllo 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - JAMES N. COLETTA, CHAIRMAN RE-SUBMITTAL PUDZ- 2002 -AR -1978 PROJECT #2002010019 DATE: 2/13/02 8 RAY BELLOWS Henderson Creek A PLANNED UNIT DEVELOPMENT 45.8± Acres Located in Section 3, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Schrage Development Corporation D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Fl 34103 EXHIBIT "A" ni TABLE OF CONTENTS • 1 • 1 STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL 3 -1 SECTION IV PRESERVE / OPEN SPACE 4 -1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5 -1 EXHIBIT A PUD MASTER PLAN Im STATEMENT OF COMPLIANCE 91 The purpose of this section is to express the intent of Schrage Development Corporation, hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 45± acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Henderson Creek. The development of Henderson Creek will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of Henderson Creek is 10.9 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre. Through the affordable housing density bonus provisions of the plan, eight (8)dwelling units per acre may be added to the base density. Base Density Affordable Housing Density Bonus Maximum Permitted Density Requested Density 3 dwelling units /acre 8 dwelling units /acre 11 dwelling units /acre 10.9 dwelling units /acre = 500 units 3. Henderson Creek PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of Henderson Creek PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. Henderson Creek PUD is a Master Planned residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. 7. Henderson Creek PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. � 1 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. • r SHORT TITLE This ordinance shall be known and cited as the "HENDERSON CREEK PLANNED UNIT DEVELOPMENT ORDINANCE ". .0 1 0 B El SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Henderson Creek PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A parcel of land located in Section 3, Township 51 South, Rang 25 East, Collier County, Florida being more particularly described as follows: Commence at the Southeast corner of said Section 3; thence run N 0015'22" E, along the East line of said Section 3, for a distance of 1494.62 feet to a point on the Southerly right - of -way line of U.S. 41 (Tamiami Trail), a 200 foot wide right -of -way; thence run N 54 °46'43" W, along said Southerly right -of -way line, for a distance of 966.30 feet to the point of beginning of the parcel of land herein described; thence continue N 54 °46'43 "W, along said Southerly right -of -way line, for a distance of 600 feet; thence run S 3 5 ° 13'17" W for a distance of 400.00 feet; thence run N 543 °46'43" W for a distance of 1644.85 feet; thence run S 00 °09'23" W for a distance of 1584.14 feet; thence run S 89 °50'37" E for a distance of 1802.45feet to a point on the westerly boundary line of the 100 foot wide drainage easement, recorded in the official records book 76 at page 127 of the Public Records of Collier County, Florida, the same being a point on a circular curve concave to the Northwest, whose radius point bears N 60 °28'42" W for a distance of 2799.91 feet therefrom; thence run Northeasterly along the arc of said curve to the left, and along the Westerly boundary line of the 100 foot wide drainage easement, having a radius of 2799.91 feet, through a central angle of 09 °41'47 ", subtended by a chord of 473.29 feet at a bearing of N 24 °40'24" E, for an arc distance of 473.84 feet to the end of said curve; thence run N 19 °49'43" E, for a distance of 203.10 feet to the point of beginning of the parcel of land herein described, containing 45.823 acres, more of less. 1.3 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3, Township 51 South, Range 26 East. The site is generally bordered on the west by S.R. 951 and Eagle Creek PUD; on the undeveloped C -4 property; on the east by Henderson Creek; and on the south by Holiday Manor Mobile Home Park, zoned MH. B. The zoning classification of the subject property at the time of PUD application is RSF -3. C. Elevations within the site are approximately 3.5' to 4.5' above MSL. Per FEMA Firm Map Panel No. 120067 605 E and 615E, dated August 3, 1992, the Henderson Creek property is located within AE 7 of the FEMA flood insurance rate map. D. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. E. The soil types on the site generally include Fort Drum and Malabar fine sand and Holopaw fine sand. This information was derived from the Soil Survey of Collier County, Florida. F. The project site is located within the Collier County Water Management District Henderson Creek Watershed. 1.4 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 500 dwelling units are permitted within the Henderson Creek PUD. This maximum of 500 dwellings may include single - family, two - family, duplex, zero lot line, patio, townhome and multi - family dwelling unit types. A minimum of 200 dwelling units shall be constructed as affordable housing units within the PUD. 1.5 DENSITY A. Acreage of Henderson Creek is approximately 45.8± acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 500, through use of the affordable housing density bonus. The gross project density, therefore, will be a maximum of 10.9 units per acre. B. At all times, all property included within Henderson Creek as described in Section 1.2 shall be included in determining project density, including lands reserved for road right -of -way. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2 -8 B , The purpose of this Section is to generally describe the plan of development for Henderson Creek, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Henderson Creek will be developed as a residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. B. The Conceptual Master Plan is illustrated graphically on Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual recreational area, and water management features, tracts development and shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Henderson Creek shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. 1.88 .: 2.2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Henderson Creek Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Henderson Creek, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Henderson Creek, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS A. Roadways within Henderson Creek may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from Henderson Creek shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2 -3 8s 2.6 USE OF RIGHTS -OF -WAY Mft Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Henderson Creek Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Henderson Creek PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria and approved permits issued by the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights -of -way other than a relocation of access points to the PUD, except where the access point is required by the appropriate jurisdictional agency. 2 -4 80 3. Minor reconfiguration of residential and recreation parcels when there is no net loss to areas identified as conservation or preserve. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. D. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or by a Property Owners' Association. For those areas not maintained by a CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Henderson Creek, in accordance with the provisions of Collier County Ordinance 90 -48 and Resolution 90 -292, together with any applicable permits from the South Florida Water Management District. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Henderson Creek. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6) in height from the top of berm elevation. F 8s 2 -5 C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Henderson Creek PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer the landscape buffer shall be increased in width equal to the encroachment in that location. F. Landscape berms located within the Henderson Creek PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is setback a minimum 5' from the property line and/or right -of -way line. G. Concurrent with development of residential tracts, a minimum 6' high chain link fence shall be constructed along the southern property boundary, adjacent the residential tract. The fence shall be screened with 1 canopy tree installed on 30' centers and 3' high hedge at time of planting, planted on 5' centers. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout Henderson Creek. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas, which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4:1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') C. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or t 88 2 -6 redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 1 88 .2 -Z, 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Henderson Creek PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of Henderson Creek and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards: 8. 2 -8 Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. 2.14 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that residential projects maintain open space at a minimum of 60% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS A. Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained. 2.16 SIGNAGE A. All signs will be in accordance with Division 2.5 of the Collier County Land Development Code at time of their permitting. 2.17 SIDEWALKSBIKEPATHS A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Henderson Creek PUD, sidewalks/bikepaths shall be permitted as follows: 8B 2 -9 Woo 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -ways, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and /or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.18 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. B. Roadways within Henderson Creek shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be forty (40) feet. Drive aisles serving multi - family tracts shall not be required to meet this standard. 2. Section 3.2.8.4.16.6, Dead -end Streets Cul -de -sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves 8B :a-4-lo Reverse Curves: Tangent shall not be required between reverse curves on any project streets. SECTION III RESIDENTIAL 3.1 PURPOSE 8B The purpose of this Section is to identify permitted uses and development standards for areas within Henderson Creek designated on the Master Plan as "R ", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 500 approved residential dwelling units may be constructed on lands designated "R," Residential on the PUD Master Plan. A minimum of 200 units shall be constructed as affordable housing units. 3.3 GENERAL DESCRIPTION Areas designated as "R," Residential on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.16, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R ", Residential is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two - family and Duplex Dwellings. 4. Multi - Family Dwellings including Coach Home and Garden Apartments. 1 8 B 3 -2 4 5. Model Homes and Model Home Centers including offices for project administration, construction, sales and marketing. 6. Recreational facilities such as parks, play grounds, and pedestrian/bikeways 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in Section III, Residential. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Henderson Creek PUD Residential area. B. Site development standards for single family, zero lot line, patio home, two - family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Henderson Creek design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the proposed use. E. During the Platting process, the developer shall identify the specific housing type intended for each platted tract. ' 8 B *11 ,, 40% TABLE 1 HENDERSON CREEK PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. * 1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in Division 6.3 of the LDC. *5 - Zero feet (0) or a minimum of six feet (6') on either side except that where the zero foot (0) yard option is utilized, the opposite side of the structure shall have a twelve foot (12') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. SINGLE FAMILY DETACHED PATIO*9 & ZERO LOT LINE TWO FAMILY/ DUPLEX SINGLE FAMILY ATTACHED/ TOWNHOME* 8 MULTI FAMILY DWELLINGS Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width *4 40 35 35 35 NA Front Yard Setback (Principal and Accessory) 20 *3 20 *3 20 *3 20 *3 20 *3 Front Yard for Side Entry Garage 12 10 10 10 12 Rear Yard Setback (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory)* 1 5 5 5 5 5 Side Yard Setback 6 0 or 6 *5 0 or 6 *5 0 or 6 *5,6 NA Maximum Height *2 35 35 35 35 40 Floor Area Minimum (SF) 1000 SF 1000 SF 1000 SF 1000 SF 800 SF Minimum Distance Between Principal Structures NA 5 or 10 5 or 10 15 feet *6 .5 SBH or 15 feet *6 Setback from PUD Boundary 25 25 1 25 40 40 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. * 1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Minimum lot width for cul -de -sac lots consistent with the measurement standards established in Division 6.3 of the LDC. *5 - Zero feet (0) or a minimum of six feet (6') on either side except that where the zero foot (0) yard option is utilized, the opposite side of the structure shall have a twelve foot (12') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. SECTION IV PRESERVE /OPEN SPACE AREA 4.1 PURPOSE � 8 B < -, The purpose of this Section is to identify permitted uses and development standards for the area within Henderson Creek designated on the Master Plan as "PO ", Preserve /Open Space. 4.2 GENERAL DESCRIPTION Areas designated as "PO ", Preserve /Open Space on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve /Open Space is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters, and the like. 2. Water management structures. 3. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve /open space Area. 4. Residential development consistent with Section III of this PUD, not to exceed a maximum of 300 dwelling units, subject to review and approval of a Collier County Environmental Impact Statement and PUD amendment. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements From PUD or external Development tract boundary: From Internal tract boundary: 2. From Lake: Fifteen Feet (15') Ten Feet (10') Zero Feet (0') B. Maximum Height of Structures: Twenty -five Feet (25') •M 3 r 8B SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE 5 -1 The purpose of this Section is to set forth the development commitments for the Henderson Creek project. 5.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 5.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 5.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97 -17 except as may be provided in Section 2.4 of this document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. off • dI EVIA 5 -2 C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. 5.5 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3 -day duration and 25 -year return frequency. A SFWMD surface water management print shall be approved prior to commencement of site work. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Henderson Creek conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD Rezone application materials. 5.6 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at leastl5 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above - mentioned plan. C. A non - exclusive conservation easement or tracts shall be established on the plat for preserve areas identified on the PUD master plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 5.7 TRANSPORTATION A. Arterial level street lighting shall be provided by the developer at the project entrance, prior to issuance of a certificate of occupancy. MASTER PLAN ZONED: VACANT \ \\ AGRICULTURAL \ \ \ PO \ \ \\ \ PRESERVE/ \ \\ \ OPEN SPACE \ \ \\ a woo \ 10' TYPE 'A' \ Q LANDSCAPE BUFFER LAKE O O° \ \\ 2.6t ac. /p ® \\ O PO RESIDENT IL tj, � ° Op PE o O O RESERVE49 O n \ \\ / PO o p PRESERVE/ B d OPEN SPACE k (FUTURE RE90E71TIAL oEY41APMfNn O O L o a NORTH UNE OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF SECTION 3 DRAINAGE OUTFACE y HDUD'y MANOR LOCATION ff .01E HOUSING ZONED MH EXHIBIT "A" GREYSTONE MOS E HOME PARK ZONED MH HENDERSON CREEK PARK PLAT BOOK 6, PG 8 ZONED MH DESIGNED BY SJU PRINTER DRAWN BY SJU JAN 1 1 2002 APPROVED: DWA Q ORADY WNOR 8 ASSOCIATES, PA CIVIL ENGINEERS • LANG SURVEYORS JOB CODE: SCPA ;yy, 8 NOTICE OF INTENT TO CONSIDER ORDINANCE ' Notice is hereby given that on TUESDAY, MARCH 12, 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 ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 16035; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -3" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDERSON CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE -HALF MILE EAST OF COLLIER BOULEVARD (S.R. #951), IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUDZ- 2002 -AR -1978, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Gateway Shoppes Associates, LLC, requesting a rezone from "RSF -3" to "PUD" Planned Unit Development to be known as Henderson Creek PUD for a maximum of 500 residential dwelling units of which 363 units must be constructed as affordable housing units. 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. T 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 JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) Maureen A. Kenyon From: Susan Copeland [SCopeland @gcjlaw.com] Sent: Thursday, February 21, 2002 4:09 PM To: Minutes and Records Subject: FW: PUDZ- 2002 -AR -1978 • - - - -- Original Message - - - -- • From: Rich Yovanovich • Sent: Thursday, February 21, 2002 3:58 PM • To: Susan Copeland • Subject: FW: PUDZ- 2002 -AR -1978 • - - - -- Original Message - - - -- • From: Rich Yovanovich • Sent: Thursday, February 21, 2002 3:53 PM • To: 'MaureenKenyon @colliergov.net' • Cc: 'PatrickWhite @colliergov.net' • Subject: PUDZ- 2002 -AR -1978 > MAUREEN • PATRICK WHITE IS GOING TO CALL YOU REGARDING REVISING THE AD FOR THIS • MATTER. > • I think we need to add the following text to the end of the Ordinance • title ; AND THE BOARD SHALL CONSIDER THE APPROVAL OF AN AFFORDABLE • HOUSING DENSITY BONUS AGREEMENT AUTHORIZING A DENSITY BONUS OF 8 UNITS PER • ACRE FOR AFFORDABLE HOUSING DWELLING UNITS. > RICH 1 Ellie J. Hoffman To: paperrell@naplesnews.com Petition PUDZ- 2002 -AR -1978 8B Hi Pam, Please advertise the above as noted on the attached. Thank you. �L PUDZ- 2002 -AR -197 PUDZ - 2002 -AR -197 8.doc 8.doc � r � r February 15, 2002 Mr. D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider Petition PUDZ- 2002 -AR -1978 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 12, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 24, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure 8B ". February 15, 2002 Gateway Shoppes Associates, LLC G- Castle Key Plaza 4525 East 82nd Street Indianapolis, IN 46250 Re: Notice of Public Hearing to consider Petition PUDZ- 2002 -AR -1978 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 12, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 24, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosure February 15, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDZ- 2002 -AR -1978 Dear Pam: Please advertise the above referenced petition on Sunday, February 24, 2002 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Charge to: Account 113- 138312- 649110 02/22/02 09:42 FAX 9416436968 C01.I.IE11 CO COMMLI'VITY DEV 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 17 Other: (Display Adv_, location, etc.) x* xxxxv., e**, r, t**, r*, t, rx* v.**. t* x * *w,t,r * *w,r :,tww *a *�e,re * * *.r *tent *,tit* x�ra, �*, rrrw *�rRwxxxx *x,t,t,ex,t,t,e:x,e :* Originating Dept/ Div: Comm.Dev.Serv.IPlanning PersoW , /1 Date: 2 - 2'Z ` a'Z Petition No. (If none, give brief description): PUDZ -2002 -Alt -1978, Gateway Shoppes Associates, LLC Z002 8 ; r} � a Petitioner: (Name & Address): D. Wayne Arnold, AICP, Q. Grady Minor & associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: Gateway Shoppes Associates, LLC, G— Castic Key Plaza, 4525 EAst 82nd Street, Indianapolis, IN 46250 Hearing befote 0 BCC 0 BZA 0 Other Requested Hearing date: March 12, 2002, Based on advertisement appearing 15 days before bearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: PUDZ- 2002 -AR -1978, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A, representing Gateway Shoppes Associates, LLC, requesting a rezone from "RSF -3" to "PUB" Planned Unit Development to be known as Henderson Creek PUD for a maximum of 500 residential dwelling units which must be constructed as affordable housing units; AND AN APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS TO PROVIDE NO MORE THAN EIGHT (8) DENSITY BONUS UNITS PER ACRE, for property located on U.S. 41 East, approximately A mile east of Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 45.8-+ acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? D Yes 0 No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: % .Division Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Bead 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: 13 County Manager agenda file: to 17 Requesting Division 13 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for ii-. are, texxtrxxxtrtk*** irte>,' tetr *f * * *!tX *x :xxxtrteAttteirlrte texxtrxtettxtxxxtrtete xte *te xx *tet<xxx trxtexxxxxxtr,rxxxxttetex :* FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: __ Date Advertised: 02/22/02 09:41 rA X 941S< 3 6 P, 18 N) 101,1 Trp co cnitnu—TTY DEV V- Tr AW RA- I - VI FA X MEMO 4T) 10's PLANNUNG SERV 2800 N. Horseshoe Drive Naples, Florida 34104 (94 V) 643-6968 DATE FAX NUMBER: ATTENTION'— FIRM/DEPARVIVIENT: FROM NAME: - DEPARTMENT*— TOTAL PAGES INCLUDING COVER SHEETa' STRUCTION SPECIAL IN -. Z(",'1 -1 02/22/02 09:42 PAX 9416436968 COLLIFR CO Ct21(' V%TTY x'<k.x .:,,.;, Feb 21 02 04:58P Board Minutes & Records 774 -8408 p.1 _ r! t - cA Alf n e V\1 ''* - ICE OF INTLNT TO Notice is hereby given that on TUESDAY, MARCH 12, 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 ORDINANCE NUMB$R 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -3" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDk;RSQN CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE -HALF MILE EAST OF COLLIER BOULEVARD (S.R. #951), IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUDZ- 2002 -AR -2978, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Gateway Shoppes Associates, LLC, requesting a rezone from "RSF -3" to "PUD" Planned Unit Development to be known as Henderson C residential dwelling unit hick PUD for a maximum of 504 affordable housing unit • must be constructed �.'{� C 'n A c 14 r A U BOYN95 � 6 :a Mrs,; Copies of the proposed Ordinance are on file with the Clerk to th Board and are available for inspection. All interested parties are invited to attend and be heard. NOTEe All persons wishing to speak on any agenda item must regist with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited tQ 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized b the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. OQr A(0� Persons wishing to have written or graphic materials included in the Board agenda packets ,rust 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. 02/22/02 09:43 FAX 9416436968 COLLIER CO CO)fMU iITY DEY 0004 Feb 21 02 04:58P Board Minutes & Records 774 -8408 P -2 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 JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 0 • NOTICE OF INTENT TO CONSIDER ORDINANCE AND APPLICATION Notice is hereby given that on TUESDAY, MARCH 12, 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 ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 16035; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -3" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDERSON CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE -HALF MILE EAST OF COLLIER BOULEVARD (S.R. #951), IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUDZ- 2002 -AR -1978, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Gateway Shoppes Associates, LLC, requesting a rezone from "RSF -3" to "PUD" Planned Unit Development to be known as Henderson Creek PUD for a maximum of 500 residential dwelling units which must be constructed as affordable housing units; and an application for affordable housing density bonus to provide no more than eight (8) density bonus units per acre. 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 JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) Naples Pail) News Naples, FL 34102 Af•l'idawt .4 Publication Naples Da' Ly 'P.ws GUARD OF COUNT' MISSIONERS CHRIS HURTON FO be" 413016 NAPLES FL 34lU1 -3016 REFERENCE. 0012x9 1131383-26491 5040398, PUDZ-2002-AR-1978 NO State of I Lor Je County of Oilier Beiern ;nderc,gried e,ithority, persoiiaUy appe:--re.; Arge9,a Pr,,ant, On on Oath says Oct rhe s-eves es Pzsist3rf: Secretary of the Vr4pLes DaiLy News, a daily newspaper published at Naples, in ;: L,,er. Count,,, Florida: that t!,e attached ccp!, of t as p bLished in said 'ie%,spaper on dates listen. f u, Ciz, says that the said dapLes Dai Ly ij•, a nev-)aper published at NapLzs, in said Zo Lier Cour,ty Florida, 9nJ that Cie said newspap-r has heretoi, i rf teen crint-:=,mousLy publ.-is'ie�: ii. said Co'.Lier County, Florida, each day and i.as been --ntered as sicond class mail matter at the post u.'fice in Hap Las, in raid Collie, Count,/, FLoridt, for a period of I year next preceding the first publicat-ian of the attached c)py ol elvertisf�ment; and af?iant urther i,,ys that she ,as neither Paid nor promised any po,.,r-on, firm or corporation any discount, rebate, cow-is�ioii or refund fcr the .,urrcse c.• securing this advert i...-ment for )ubtiction in the _aid newppaptr. PUBLISHED ON: :2/24 AD SPArE: 148.00k, INCH r--.LED !' 1: 0/25/02 ------------------------------------------------- swrn t,� 4,rid 5— scriber` be a me thti sc� k rrow i by Mal M 000 Donna Chesney C, r MY Commission OD056336 t Or Expires September 11, 2005 any I rr tred Sub- ICIlle num 0 Maureen A. Kenyon From: Cecilia Martin Sent: Monday, March 11, 2002 11:52 AM To: Mary Brock; Minutes and Records; Maureen A. Kenyon; Connie Johnson; Sue Filson Subject: FW: Henderson Creek > - - - -- Original Message - - - -- • From: bellows_r • Sent: Monday, March 11, 2002 11:37 AM • To: martin c; oldham_1 • Subject: FW: Henderson Creek > Cecilia, • Please note that AR -1978 has been continued from the March 12th BCC • Meeting to the March 26th Meeting. Laurie, Please revise the BCC • Transmittal slip for the 3/26 meeting. > Ray • - - - -- Original Message - - - -- • From: SchmittJoseph • Sent: Monday, March 11, 2002 11:31 AM • To: bellows r; murray_s; giblin_c; eichhorn_j • Cc: Baker _D; mudd_j; bodine_j; johnson_c • Subject: Henderson Creek • I just received word that the deadline for the application for state • assistance has been extended to 12 April. As such, the petitioner has • request the subject PUD agenda item (item 8D) be continued to the next • scheduled BCC. I concur. That will allow sufficient time for the • petitioner to finalize all the outstanding low and moderate income housing • issues and the phasing issues with the PUD. > Joe • Joseph K. Schmitt • Administrator • Community Development and Environmental Services • (94 1) 403 -2385 • ^It's another great day to serve Collier County" 1 • r � r Maureen A. Kenvon From: Ray Bellows Sent: Wednesday, March 06, 2002 9:50 AM To: Ray Bellows; Cecilia Martin; Jane Eichhorn; Laurie Oldham; Connie Johnson Cc: Mary Brock; Minutes and Records Subject: RE: PUDZ -02 -AR -1978, Henderson Creek PUD Please disregard the below listed request to have this petition pulled from the CCPC & BCC agenda. It now appears that the problems will be addressed during the CCPC meeting. Thanks! Ray • - - - -- Original Message - - - -- • From: bellows_r • Sent: Wednesday, March 06, 2002 8:31 AM • To: martin c; eichhorn_j; oldham_1; johnson_c • Cc: brock_m; Minutes and Records • Subject: PUDZ -02 -AR -1978, Henderson Creek PUD > Cecilia, • Please be advised that Joe Schmitt has informed that he has pulled the • above referenced petition from the 3/7 CCPC meeting and the 3/12 BCC • meetings. This will allow staff time to correct problems with the • application prior to the public hearing. At the present time, no new • hearing date has been requested. > Thank you for your time and assistance in this matter. > Ray 1 Maureen A. Kenyon 8� From: Ray Bellows Sent: Wednesday, March 06, 2002 8:31 AM To: Cecilia Martin; Jane Eichhorn; Laurie Oldham; Connie Johnson Cc: Mary Brock; Minutes and Records Subject: PUDZ -02 -AR -1978, Henderson Creek PUD Cecilia, Please be advised that Joe Schmitt has informed that he has pulled the above referenced petition from the 3/7 CCPC meeting and the 3/12 BCC meetings. This will allow staff time to correct problems with the application prior to the public hearing. At the present time, no new hearing date has been requested. Thank you for your time and assistance in this matter. Ray 1 103% B ORDINANCE NO. 02- 15 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 1603S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF -3" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDERSON CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE -HALF MILE EAST OF COLLIER BOULEVARD (S.R. #951), IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Gateway Shoppes Associates, LLC, 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 herein described real property located in Section 03, Township 51 South, Range 26 East, Collier County, Florida, is changed from "RSF -3" to "PUD" Planned Unit Development in accordance with the Henderson Creek PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 1603S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this XOAL day of �.`✓ , 2002. ATTLS D'vV y• / Y I BROC ,CLERK AttW as 1M GM ire s sins N * ftly. Approved as to -Form and Legal Sufficiency Marjor M. Student Assistant County Attorney PUDZ- 2002- AR- 1 978/RB/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Henderson Creek A PLANNED UNIT DEVELOPMENT 45.8± Acres Located in Section 3, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Gateway Shoppes, LLC D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 W1 Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Fl 34103 Revision 2 - 3/20/2002 u TABLE OF CONTENTS r m L 1 PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1 -1 GENERAL DESCRIPTION SECTION H PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL 3 -1 SECTION IV PRESERVE / OPEN SPACE 4 -1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5 -1 EXHIBIT A PUD MASTER PLAN EXHIBIT B BUILDING ARCHITECTURE FAPUD Documents \IlendersonCreekPUDfinalBCC2.doc go-Irs VA STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Gateway Shoppes, LLC, hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 45f acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Henderson Creek. The development of Henderson Creek will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed -use developments such as Planned Unit Developments. 2. The proposed residential density of Henderson Creek is 7.8 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre. Through the affordable housing density bonus provisions of the plan, eight (8)dwelling units per acre may be added to the base density. Base Density Affordable Housing Density Bonus Maximum Permitted Density Requested Density 3 dwelling units /acre 8 dwelling units /acre 11 dwelling units /acre 8 dwelling units /acre = 360 units 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 4. The development of Henderson Creek PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 5. Henderson Creek PUD is a master planned residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. 6. Henderson Creek PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. FAPUD Documents \HendersonCreekPUDfinalBCC2.doc iv SHORT TITLE • This ordinance shall be known and cited as the "HENDERSON CREEK PLANNED UNIT DEVELOPMENT ORDINANCE ". FAPUD Documents \HendersonCreekPUD6na1BCC2.doc 1 -1 SECTION I • 9 0 a LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Henderson Creek PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION A parcel of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida being more particularly described as follows: Commence at the Southeast corner of said Section 3; thence run N 00'15'22" E, along the East line of said Section 3, for a distance of 1494.62 feet to a point on the Southerly right - of -way line of U.S. 41 (Tamiami Trail), a 200 foot wide right -of -way; thence run N 54 °46'43" W, along said Southerly right -of -way line, for a distance of 966.30 feet to the point of beginning of the parcel of land herein described; thence continue N 54 °46'43 "W, along said Southerly right -of -way line, for a distance of 600 feet; thence run S 35° 13'17" W for a distance of 400.00 feet; thence run N 54 °46'43" W for a distance of 1644.85 feet; thence run S 00 °09'23" W for a distance of 1584.14 feet; thence run S 89 °50'37" E for a distance of 1802.45feet to a point on the westerly boundary line of the 100 foot wide drainage easement, recorded in the official records book 76 at page 127 of the Public Records of Collier County, Florida, the same being a point on a circular curve concave to the Northwest, whose radius point bears N 60 °28'42" W for a distance of 2799.91 feet therefrom; thence run Northeasterly along the arc of said curve to the left, and along the Westerly boundary line of the 100 foot wide drainage easement, having a radius of 2799.91 feet, through a central angle of 09 °41'47 ", subtended by a chord of 473.29 feet at a bearing of N 24 °40'24" E, for an arc distance of 473.84 feet to the end of said curve; thence run N 19 °49'43" E, for a distance of 203.10 feet to the point of beginning of the parcel of land herein described, containing 45.823 acres, more of less. 1.3 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 3, Township 51 South, Range 26 East. The site is generally bordered on the west by S.R. 951 and Eagle Creek PUD; on the north by undeveloped C -4 and A property; on the east by Henderson Creek; and on the south by the Holiday Manor Mobile Home Park, zoned MH. Revision 2 - 3/20/2002 MOR 1 1 -2 B. The zoning classification of the subject property at the time of PUD application is RSF -3. C. Elevations within the site are approximately 3.5' to 4.5' above MSL. Per FEMA Firm Map Panel No. 120067 605 E and 615 E, dated August 3, 1992, the Henderson Creek property is located within AE 7 of the FEMA flood insurance rate map. D. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. E. The soil types on the site generally include Fort Drum and Malabar fine sand and Holopaw fine sand. This information was derived from the Soil Survey of Collier County, Florida. F. The project site is located within the Collier County Water Management District Henderson Creek Watershed. 1.4 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 224 dwelling units of the permitted 360 dwelling units are permitted within phase one of the Henderson Creek PUD. This maximum of 224 dwelling units may include a mix of single - family, two - family, duplex, zero lot line, patio, townhome and multi - family dwelling unit types. Phase two of the PUD shall consist of a maximum of 136 owner- occupied dwelling units, constructed in buildings having no greater than four dwelling units. Prior to development of phase two, a PUD amendment shall be required. 1.5 DENSITY A. Acreage of Henderson Creek is approximately 45.8± acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 360 units through use of the affordable housing density bonus as set forth in the Density Rating System of the FLUE of the GMP. The gross project density, therefore, will be a maximum of 8 units per acre. B. At all times, all property included within the Henderson Creek PUD as described in Section 1.2 shall be included in determining project density, including lands to be reserved for road right -of -way as part of the PUD rezoning process. FAPUD Documents \HendersonCreekPUDfina]BCC2.doc SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2 -1 E� The purpose of this Section is to generally describe the plan of development for the Henderson Creek PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Henderson Creek PUD will be developed as a residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. B. The Conceptual Master Plan is illustrated graphically as Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of the individual recreational area, water management features, development tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. C. The Henderson Creek PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Upon adoption of CP- 2001 -4, an amendment to this PUD shall be filed with the County, subject to approval by the County, that modifies this PUD so as to comply with all applicable requirements and limitations contained in Comprehensive Plan Amendment Number CP- 2001 -4, establishing the Henderson Creek Mixed Use Subdistrict in the Future Land Use Element. Such amendments might include addition of the +/- 40 acres adjacent to the west; provision for a primary road, open to the public, connecting US -41 to SR -951; and vehicular and pedestrian interconnection with adjacent properties to the north and west. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Henderson Creek PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development FAPUD Documents \HendersonCreekPUDfina]BCC2.doc W • • 1. 2 -2 orders to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. D. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Henderson Creek Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Henderson Creek PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Henderson Creek PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. FAPUD Documents\HendersonCreekPUDfinalBCC2 .doc 2 -3 2.4 ROADWAYS T 3 Roadways within the Henderson Creek PUD may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. The primary access road shall not be gated, and shall remain open to the public. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from Henderson Creek shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. FAPUD Documents \HendersonCreekPUDfina1BCC2.doc 2 -4 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association. The Developer will create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Henderson Creek, in accordance with the provisions of Collier County Ordinance 90 -48 and Resolution 90 -292, together with any applicable permits from the South Florida Water Management District. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Henderson Creek PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms - vertical B. Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6) in height from the top of berm elevation. C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Henderson Creek PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. FAPUD DocumentslHendersonCreekPUDfinalBCC2 .doc T:oo 2 -5 F. Landscape berms located within the Henderson Creek PUD boundary and contiguous to a property line and/or right -of -way line may be constructed such that the toe of slope is set back a minimum 5 feet from the property line and/or right -of- way line. G. Prior to commencement of on -site excavation, a minimum 6 foot high precast concrete fence shall be constructed along the southern property boundary, adjacent the residential tract(s). Prior to construction of the fence, the developer shall coordinate its location with County Planning Services Department staff and the President of the Holiday Manor Mobile Home Cooperative. H. The quantity of project landscaping material shall be installed at a rate that is one and one -half (1.5) times the minimum required under Section 2.4 of the LDC. 2.10 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Henderson Creek PUD. Prior to stockpiling, the Developer shall receive approval by the County Community Development and Environmental Services Administrator. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. FAPUD Documents \HendersonCreekPUDfinalBCC2.doc 2 -6 2.13 GENERAL PERMITTED USES won Certain uses shall be considered general permitted uses throughout the Henderson Creek PUD except in the Preserve /Open Space Area. General permitted uses are those uses which generally serve the Developer and residents of the Henderson Creek PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, recreational facilities. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.10 of this PUD. B. Development Standards: Unless otherwise set forth in this document, or as noted in Table 1 the following development standards shall apply to structures. 1. Setback from back of curb or edge of pavement of any road - Twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - Ten feet (10'). FAPUD Documents \HendersonCreekPUDfina]BCC2.doc • 2 -7 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. 2.14 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that residential projects maintain open space at a minimum of 60% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained. 2.16 SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code in affect at time of their permitting. 2.17 SIDEWALKSBIKEPATHS A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.9 of the Henderson Creek PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way, when located within a separate sidewalk easement. FAPUD Documents \HendersonCreekPUDSna1BCC2.doc 2 -8 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.18 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. B. The proposed primary entry road shall be designed to Collier County collector road standards, and constructed in accordance with section 3.2.8 of the LDC. Other roadways within Henderson Creek shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right -of -Way Width Street right -of -way width: The minimum right -of -way width to be utilized for local streets and cul -de -sacs shall be forty (40) feet. Drive aisles serving multi - family tracts shall not be required to meet this standard. 2. Section 3.2.8.4.16.6, Dead -end Streets Cul -de -sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. FAPUD Documents \HendersonCreekPUDfinalBCC2.doc SECTION III RESIDENTIAL 3.1 PURPOSE • 2P] 3 -1 The purpose of this Section is to identify permitted uses and development standards for areas within the Henderson Creek PUD designated on the Master Plan as "R ", Residential. 3.2 MAXIMUM DWELLING UNITS Phase 1 of development shall include a maximum of 224 affordable housing units. Residential development shall be limited to cleared and upland areas unless a PUD amendment which would require an Environmental Impact Statement (EIS) and Environmental Advisory Council review is completed. Prior to development of Phase 2, shown as PO and Future Residential on the master plan, a PUD amendment shall be approved authorizing construction of the balance of the maximum of 360 units total for the PUD. 3.3 GENERAL DESCRIPTION Areas designated as "R," Residential and PO/Future Residential Development on the Master Plan are designed to accommodate a full range of residential dwelling types and general permitted uses as described by Section 2.13, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. FAPUD Documents \HendersonCreekPUDfinalBCC2.doc 3 -2 3. Two - family and Duplex Dwellings. 4. Multi- Family Dwellings including Coach Homes and Garden Apartments. 5. Model Homes and Model Home Centers including offices for project administration, construction, sales and marketing. 6. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Henderson Creek PUD residential area. B. Site development standards for single family, zero lot line, patio home, two - family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi - family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the platting process, the Developer shall identify the specific housing type intended for each platted tract. FAPUD Documents \HendersonCreekPUDfinalBCC2.doc 88 3 -3 F. Residential dwellings shall be constructed in a similar architectural style and of similar building materials and quality as those example shown in Exhibit B of the PUD. FAPUD Documents \HendersonCreekPUDfina]BCC2.doc 3 -4 TABLE 1 HENDERSON CREEK PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20' front yard setback. *4 - Minimum lot width for cul-de -sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. *5 - Zero feet (0') or a minimum of six feet (6') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twelve foot (12) yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelve foot (12D yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. F:\PUD Documents \HendersonCreekPUDfinalBCC2.doe SINGLE FAMILY PATIO *9 & ZERO TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF N/A Minimum Lot Width *4 40' 35' 35' 35' N/A Front Yard Setback (Principal and Accessory) 20' *3 20' *3 20' *3 20' *3 20' *3 Front Yard for Side Entry Garage 12' 10' 10' 10' 12' Rear Yard Setback (Principal) 10' 10' 10' 10' 15' Rear Yard Setback (Accessory)* 1 5 5' 5' 5' 5' Side Yard Setback 6' 0' or 6' *5 0' or 6' *5 0' or 6' *5,6 N/A Maximum Height *2 35' 35' 35' 35' 35' not to exceed 2 stories Floor Area Minimum SF 1000 SF 1000 SF 1000 SF 1000 SF 800 SF Minimum Distance Between .5 SBH or 15' Principal Structures N/A N/A N/A 15' *6 *6 Setback from PUD Bound 25' 1 25' 1 25' 1 40' 1 40' BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right -of -way, setback is measured from the adjacent right -of -way line. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20' front yard setback. *4 - Minimum lot width for cul-de -sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. *5 - Zero feet (0') or a minimum of six feet (6') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twelve foot (12) yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelve foot (12D yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. F:\PUD Documents \HendersonCreekPUDfinalBCC2.doe SECTION IV PRESERVE /OPEN SPACE AREA 4.1 PURPOSE 4 -1 86 The purpose of this Section is to identify permitted uses and development standards for the area within the Henderson Creek PUD designated on the Master Plan as "PO ", Preserve /Open Space. 4.2 GENERAL DESCRIPTION Areas designated as "PO ", Preserve /Open Space on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve /Open Space is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters, and the like. 2. Water management structures. 3. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Preserve /Open Space Area. 4. Residential dwelling units, subject to section 3.2 of the PUD. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or external Development tract boundary: Fifteen Feet (15') FAPUD Documents\HendersonCreekPUDfina1BCC2 .doc C? From Internal tract boundary: 2. From outside edge of Lake Maintenance Easement: Maximum Height of Structures: FAPUD Documents \HendersonCreekPUDfina1BCC2.doc Ten Feet (10') Twenty Feet (20') Twenty -five Feet (25') 0 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE 5 -1 r � The purpose of this Section is to set forth the development commitments for the Henderson Creek PUD. 5.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats and all applicable state and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 5.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 5.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97 -17 as may be amended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. Revision 2 - 3/20/2002 • ■ A 151 5 -2 C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. 5.5 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. B. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Henderson Creek PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD Rezone application materials. 5.6 ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve /open space areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. C. A non - exclusive conservation easement or tract shall be established on the plat for preserve areas identified on the PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 5.7 TRANSPORTATION A. Arterial level street lighting shall be provided by the Developer at the project entrance prior to issuance of the first certificate of occupancy. B. Pedestrian/Bicycle facilities shall be provided within and between all residential areas including the multi - family areas. Revision 2 — 3/20/2002 `M■ 5 -3 C. Interconnections to the primary road system shall be provided to adjacent properties as they are developed or redeveloped. D. Access to US 41 shall require an MOT connection permit which must be provided to the County prior to final site plan or preliminary subdivision plat approval. E. No project access shall be permitted to Collier Boulevard (S.R. 95 1) for phase one of the Henderson Creek PUD. Revision 2 — 3/20/2002 Ic Q'GRADY MINOR 47 941992012975 02/22 102 12:26 N0.924 02/02 ,/,. l /i� s / OZ i r� �s Exhibit A I I cc m p - 0 ,1_ to w y °- rI 0 y z � U �I�lal d z � J CL Y � W W F- W U) U � 0 < W CL D W zU w z = O U 47 941992012975 02/22 102 12:26 N0.924 02/02 ,/,. l /i� s / OZ i r� �s Exhibit A I I cc m p - 0 ,1_ to w y °- rI 0 y z � U �I�lal d O, . a j m X W 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. 2002 -15 Which was adopted by the Board of County Commissioners on the 26th day of March, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of April, 2002. •K . J DWIGHT E. BRAE Ir, Clerk of Courts:_ and'1ezh Ex- officio to County Commi sus i ones s By: Ellie Hoffman, Deputy Clerk 9A 'q RESOLUTION NO. 2002 -158 A RESOLUTION APPOINTING ALINA PRIO PORTUONDO TO THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91 -37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91 -78 amended Ordinance No. 91 -37 by providing that the Advisory Board shall consist of nine (9) 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 Alina Prio Portuondo is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2005. This Resolution adopted after motion, second and majority vote. DATED: March 26, 2002 ATTEST: DW,16 �' $ROCK, Clerk Attest - -at to Che 1 r &:. ' s sigsotvre only. Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW /kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 9B ' RESOLUTION NO. 2002 -159 A RESOLUTION APPOINTING, REAPPOINTING, AND CONFIRMING THE APPOINTMENT OF MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92 -18, as amended, created the Tourist Development Council and provides that the Council shall be composed of nine (9) voting members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, the terms of two (2) members will expire creating vacancies in the categories of owner /operator and non - owner /non- operator; and WHEREAS, there is currently a vacancy in the municipal official category; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the City of Naples has provided the Board of County Commissioners with their request for confirmation of appointment; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Susan M. Becker, representing the category of non - owner /non- operator, is hereby appointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2006. 2. Kevin Michael Durkin, representing the category of owner /operator, is hereby reappointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2006. 3. Gary Galleberg, Vice Mayor, representing the category of municipal official, is hereby confirmed for appointment to the Tourist Development Council to fulfill the remainder of the vacant term, said term to expire on April 21, 2004. This Resolution adopted after motion, second and majority vote. DATED: March 26, 2002 ATTEST: DWIGHT f,? ,$ROCK, Clerk Attu t -As to C41111 S i gRstvu d t':401'i�" . Approved as to form and legal sufficiency: SA—_fe� David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA r9D RESOLUTION NO. 02- 1 6 o A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Board of County Commissioners of Collier County, Florida recognizes that regional planning councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties directed by the Legislature; and, WHEREAS, the Board of County Commissioners of Collier County, Florida recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs to meet regional circumstances and needs; and, WHEREAS, a legislative priority of the Small County Coalition is adequate funding for Florida's Regional Planning Councils; and, WHEREAS, the Board of County Commissioners of Collier County, Florida believes that the State is disproportionately relying on local government revenues to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and, WHEREAS, the Board of County Commissioners of Collier County, Florida believes that the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1: The Board of County Commissioners of Collier County, Florida hereby requests the Legislature support the Florida Regional Councils Association's community budget issue request for a $3 million appropriation in recurring general revenue to fully fund Florida's regional planning councils. Section 2: The Board's staff is directed to distribute copies of this Resolution to the Honorable Jeb Bush, Governor of the State of Florida; the Collier County Legislative Delegation; members of the Senate Appropriations Subcommittee on General Government; members of the House Transportation and Economic Development Appropriations Subcommittee; Steve Seibert, Secretary of the Florida Department of Community Affairs; the Southwest Florida Regional Planning Council; and Ron Book, Executive Director of the Florida Regional Councils Association. Section 3: This Resolution shall take effect immediately upon adoption by the Board of County Commissioners of Collier County, Florida. This Resolution adopted this a.G- day of u o-K , 2002, after motion, second and majority vote. ATTEST: D WIGHT,Fzu `Be W -3W,,!F K, CLERK Appv,d%°4 vim DAVID C. WEIGEL` County Attorney Cr r i legal sufficiency: t14W•s COLLIER r-LOARD OF COUNTY COMMISSIONERS • FLORIDA By- rr' 9 D 3301 East Tamiami Trail - Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 - Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Charlie Clary Chairman, Senate General Government Appropriations Subcommittee Senate Office Building, Room 418 404 South Monroe Street Tallahassee, FL 32399 -1100 Dear Senator Clary: 7 h t� �i While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra - jurisdictional impacts of growth and development. Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. Very truly yours, JC:sf Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners .,. 3301 East Tamiami Trail • Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 ` 90 The Honorable Randy Johnson Chairman, House Transportation and Economic Development Appropriations Subcommittee Room 223, The Capitol 402 South Monroe Street Tallahassee, FL 32399 -1300 Dear Representative Johnson: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. 90 ' Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's . community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. Very truly your /s, J I -v v Coletta,, Chairman Commissioner,, ,District 35 JC:sf. Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners 9D 3301 East Tamiami Trail • Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 F ORI ' James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Steven Geller State Senator, District 29 222 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399 -1100 Dear Senator Geller: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. 9D Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 million to fully. fund Florida's Regional Planning Councils. Very im Colette, Chairman Cotrztnissiancr; Dist6ct 5 , JC:sf Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners The Honorable I Dudley Goodlette State Representative, District 76 513 The Capitol 402 South Monroe Street Tallahassee, FL 32399 -1300 Dear Representative Goodlette: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. Donna Fiala 3301 East Tamiami Trail • Naples, Florida 34112 -4977 (941) 774 -8097 • Fax (941) 774 -3602 District 1 Q, James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable I Dudley Goodlette State Representative, District 76 513 The Capitol 402 South Monroe Street Tallahassee, FL 32399 -1300 Dear Representative Goodlette: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. 90 �r Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's . community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. Very j- 2fetta, Chairman ornrmssio= .District 5 Cc: 'Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners X161 "q 0,0�61-e 3301 East Tamiami Trail • Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Carole Green State Representative, District 75 1102 The Capitol 402 South Monroe Street Tallahassee, FL 32399 -1300 Dear Representative Green: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. 9D Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 riiillion to fully fund Florida's Regional Planning Councils. Very truly yours, JC:sf !/ Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners 3301 East Tamiami Trail • Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Burt L. Saunders State Senator, District 25 404 S. Monroe St., 326 Senate Office Bldg Tallahassee, FL 32399 -1100 Dear Senator Saunders: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. .I Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. JC:sf Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners //3301 East Tamiami Trail - Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 - Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Joe Spratt State Representative, District 77 209 House Office Building 402 Ssouth Monroe Street Tallahassee, FL 32399 -1300 Dear Representative Spratt: ,.. e' ZI While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. 9D Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. JC:sf Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners G� /3301 East Tamiami Trail • Naples, Florida 34112 -4977 , Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 F oa, a James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Ralph Arza State Representative, District 102 410 House Office Building 402 South Monroe Street Tallahassee, FL 32399 -1300 Dear Representative Arza: While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. Very yours, oletta, Arman Commissioner, District 5 JC:sf Enclosure Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners 3301 East Tamiami Trail • Naples, Florida 34112 -4977 Donna Fiala (941) 774 -8097 • Fax (941) 774 -3602 District 1 James D. Carter, Ph.D. March 27, 2002 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 The Honorable Jeb Bush Governor, State of Florida PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399 -0001 Dear Governor Bush: C,rl t �j i While convened in regular session on Tuesday, March 26, 2002 the Board of County Commissioners voted unanimously to adopt the enclosed Resolution No. 2002 -160, requesting your support for full funding of Florida's Regional Planning Councils at a level of $3 million from recurring general revenue. Regional Planning Councils are required to perform numerous state - mandated economic development, growth management, emergency management, technical assistance, and dispute resolution functions, as well as other important statutory duties as directed by the Legislature. Regional Planning Councils also provide a wide range of services and assistance in support of local initiatives and programs to meet regional circumstances and needs. For instance, during the past year the Southwest Florida Regional Planning Council secured over $3 million in federal funding to support regional economic development initiatives. This assistance was critical to the economically distressed areas of the Southwest Florida Regional Planning Council, particularly given that two of the Council's six member counties are rural counties. The Governor's recommended $1 million budget cut will mean an approximate $80,000 decrease in funding to the Southwest Florida Regional Planning Council, which in turn will hamper the Council's ability to continue providing its local governments with the level of service needed to enhance the quality of life of its citizens. Furthermore, the State's continued disproportionate reliance on local government revenue to support Regional Planning Councils, coupled with the recommended budget cut, will result in the reduction of many regional and local programs and initiatives that are critical to bolstering local economies, supporting regional domestic security initiatives, and assessing the extra jurisdictional impacts of growth and development. Page Two March 27, 2002 Therefore, we respectfully request your support of the Florida Regional Councils Association's community budget issue request for $4 million to fully fund Florida's Regional Planning Councils. JC:sf Enclosure Commissioner, District 5 Cc: Mr. Ron Book, Executive Director, Florida Regional Councils Association Mr. Steven M. Seibert, Secretary, Department of Community Affairs Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Collier County Board of Commissioners 10 C RESOLUTION NO. 2002 - 163 A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND /OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE FOUR - LANING ROADWAY IMPROVEMENTS TO IMMOKALEE ROAD (CR -846) BETWEEN WILSON BOULEVARD AND CR 951 / COLLIER BOULEVARD (PHASE 2 OF CAPITAL IMPROVEMENT ELEMENT NO. 71 / PROJECT NO. 60018). WHEREAS, the Board of County Commissioners (Board), on May 9, 2000, adopted Ordinance No. 2000 -31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2000 -32; and WHEREAS, the four - laning improvements to Immokalee Road (CR -846) between CR 951 (Collier Boulevard) and 43rd Avenue NE (Project No. 60018) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, Project No. 60018 has been split into two (2) phases, with Phase 2 encompassing roadway expansion between Wilson Boulevard and CR 951 / Collier Boulevard; and WHEREAS, the location for construction of the proposed Phase 2 improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Phase 2 four - laning roadway improvements to Immokalee Road between Wilson Boulevard and CR 951 / Collier Boulevard (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of 10C the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or those perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more particularly described in Exhibit "A ", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution adopted on this 26,M day of -�—� , 2002, after motion, second and majority vote. A'T'TEST: pW,ICHT E: BROOK, CLERK jAl< C2 Attest M to Onjiu A'� Approved a8 fo'form andslglit" Mile legal sufficient i4A ff Heidi Ashton Assistant County Attorney Page 2 N. COLLETTA, CHAIRMAN r FEE SIMPLE INTEREST PARCEL # 101 N r- _ac000�MCD- r- r r r r r r +-WN r r r �m r z 00 OJO�rn�ocn0(o(A Z D O P'- O--I m womZ z O r 00rn00NO Z.�0(1) p mC z a Lt) � � m22 >nc- O Z 0- p �UN)C)Zm m 0 D X <� (A a 6? _ rn � m Cn v O 00 m V m -i 00 � > 0D -ph. Oo N O -;PWm m m O � cN0 O 2 � r m �r� y 0' :U 14 ZIT, z0 IO 3 Qp o CC4 �,1V%'!1 m D rn m r-m I p 0 z r 00 z z z z m N N m (D O O O O O O O O O cn O O m O m m m m v 00 a x O N O U1 O U1 O U1 O -Z O U1 z M (-4 CM P {� rn rn cD O N Gi m m m m m:*� m� m m A p"p WEST LINE OF SECTION 26 100' C4NAL EASEA1ENT (O.R. 12, P0. 348) I I I I I I I _ O 20' F.P.L EASEMENT (0•M 1157, PG. 704)1 O ul z o n OR I Ln z 20' F.P.L EASEMENT (0•M 1157, PG. 704)1 �I pl ' I I I `• � I I ' � I u z O 10 X �I> M rn 00 m Z rn xI° old IO z I I ILI? I I I N I ( z rno . O NIZ L1 J D ul z o n U) Ln z J 00 D Z D O P'- O--I m z O m p Z.�0(1) p mC z a Lt) � � m22 >nc- O Z N p _ rn m 0 D X <� (A a 6? _ rn � m Cn rzm0 r � cD M. 0� � ���� 00 C7 m �DCW 0^tS m -i a c � D r N N m -;PWm m m �I pl ' I I I `• � I I ' � I u z O 10 X �I> M rn 00 m Z rn xI° old IO z I I ILI? I I I N I ( z rno . O NIZ L1 J ul z o n am0 00 0 �v Z op,mm = P'- DWnZm] y z N z O co 2 Cn T_ Z *1 a m m o --lDS Z.�0(1) p mC z a Lt) � � m22 >nc- p _ rn m 0 D X <� (A a 6? x a D rzm0 r � cD M. 0� � ���� m �DCW 0^tS c p cn� m0"r0 O O�wZ O(A Dm�� D rnm z m m O O O r p_DO ca L4- 5> O r m �r� y 0' :U 14 ZIT, z0 IO 3 Qp o CC4 �,1V%'!1 m D rn m r-m I p 0 z 00 �I pl ' I I I `• � I I ' � I u z O 10 X �I> M rn 00 m Z rn xI° old IO z I I ILI? I I I N I ( z rno . O NIZ L1 J EXHIBIT... FEE SIMPLE INTEREST pew_Jp( %3 PARCEL # 101 Description: 10C A portion of the Northwest one — quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for a distance of 100.08 feet, to a point on the Southerly Right —of —Way line of State Road #846 (Immokalee Road); thence North 89'58'08" West, along the said Right —of —Way line, for a distance of 532.29 feet; to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'19" East, for a distance of 63.97 feet; thence North 89'58'06" West, for a distance of 134.84 feet; thence North 00'01'54" East, for a distance of 19.98 feet; thence North 89'58'06" West, for a distance of 500.00 feet; thence North 00'01'54" East, for a distance of 5.96 feet; thence North 89'58'06" West, for a distance of 800.00 feet; thence North 00'01'54" East, for a distance of 12.97 feet, to a point on the Southerly Line of those lands described in Official Records Book 2568, Page 1176, of the Public Records of Collier County, Florida; thence South 89'58'06" East, along the southerly boundary of said described lands, for a distance of 368.58 feet; thence North 84'50'23" East, along the southerly boundary of said described lands, for a distance of 276.24 feet, to a point on the said Right —of —Way line; thence South 89'58'06" East, along the Said Right —of —Way line, for a distance of 788.38 feet, to the POINT OF BEGINNING; Containing 1.107 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. SKETCH AND DESCRIPTION \ARA WILKISON & ASSOCIATES INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED 126/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 11/01 1 OF 1 %\I-1 1ol FB PG I CHECKED BY DJH DWG. N0. IR —L -101 -2 J PARCEL NO. 701 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) rrrrr - •���- cn -P w N - .�rrrrrrrrrz –� r O cD m v O Cn 41 C4 N D � m W D CA � cD O_ cn O cn awoM ti, O c W 0 ° w W O i Z r Z O O O O z O 0° mm 5 a, a _ m m -P. co 00 0 00 0 00 00 r--71- z nOZ ZD ( cn cn v (o il) co 2 D n N m (owm m m N ± Z Z` �D0 O O ICA m � -1 D O v O I° Z m °D I g 00 SOD o Z O O r Ov�Z�I'1 c,+om ,�� � >� m O rn r- m -n I p m W w w w N z z z z z z w cn z (n m O m O m O m O m O m 0 0 m O m to O cD O CD O O O O 0 0 N N O N m Cn O U1 O CA p cn O cn O cn N N�� D 00 co M J �l 00 rn ;J O C O C O Cn O Cn O Cn O O Cn Z O mgmcr m::EtTl�rn�mm�m EXHIBIT WEST LINE OF SECTION 26 100' a MM. WEYEM' (O.R. 12. P0. 349) I —i6 loc I I I 1 I I c 0 OR I I w o v C `� I c� o �p 0 � L� �I I I I r- 20- F.P.L W&WENT (O.R. 1157, PG. 704) v 1 . i i Z OA O �I> I00 m m Irn 0 -n 0 cn D 0 12� (�I� II O z 4 �� J � NZ L1 J rT D rn ul Z 6"0 � U) J \O D z W D Z O o O m awoM ti, y z ° :p. z m co cn m p z z cn me O z mz 0° mm 5 N _ m m \ n W (n � �v _� � 00 r--71- z nOZ ZD ( V/— m --I \ c D f N n N m (owm m m i i Z OA O �I> I00 m m Irn 0 -n 0 cn D 0 12� (�I� II O z 4 �� J � NZ L1 J rT rn ul Z 6"0 n coo 0 0 2 Z o�mm = awoM ti, y z ° :p. z m co cn z z cn me mz 0° mm 5 _ m m D m� (n � �v _� � m r--71- z nOZ ZD ( V/— N D � ° co n � _� N ± Z Z` �D0 O O ICA m � -1 D O v O I° Z m °D I g 00 SOD o Z O O Z � Ov�Z�I'1 c,+om ,�� � >� m O rn r- m -n I p O X z v G) D i i Z OA O �I> I00 m m Irn 0 -n 0 cn D 0 12� (�I� II O z 4 �� J � NZ L1 J PARCEL NO. 701 EXHIBIT_L3_. TEMPORARY CONSTRUCTION EASEMENT Paw- Loot 625 (DURATION: 3 YEARS FROM COMMENCEMENT ...ii��. OF CONSTRUCTION) n n Temporary Driveway Restoration Easement Description: A portion of the Northwest one — quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for a distance of 100.08 feet, to a point on the Southerly Right —of —Way �iqe of State Road #846 (Immokalee Road); thence North 89'58 08 West, along the ( Said Right —of —Way line, for a distance of 532.29 feet; thence South 02'27'19" East, for a distance of 63.97 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 02'27'19" East, for a distance of 30.05 feet; thence North 89'58'06" West, for a distance of 636.15 feet; thence North 00'01'54" East, for a distance of 5.98 feet; thence North 89'58'06" West, for a distance of 400.00 feet; thence North 00'01'54" East, for a distance of 4.98 feet; thence North 89'58'06" West, for a distance of 400.00 feet; thence North 00'01'54" East, for a distance of 45.00 feet; thence South 89'58'06" East, for a distance of 800.00 feet; thence South 00'01'54" West, for a distance of 5.96 feet; thence South 89'58'06" East, for a distance of 500.00 feet; thence South 00'01'54" West, for a distance of 19.98 feet; thence South 89'58'06" East, for a distance of 134.84 feet, to the POINT OF BEGINNING; Containing 1.539 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED 126/48/261 0014.1 1 EAW I 00- 018— OO.DWG DATE 11/01 h17 (or SHEET I FB PG I CHECKED BY 2 OF 2 1 1 DJH DWG. N0. IR —L -701 -2 J r FEE SIMPLE INTEREST PARCEL # 102 100' R/W N 1/4 COR!26 ER NORTH LINE OF SECTION 26 SEC. IMMO_KALEE ROAD S.R. 846 L9 /E/ 1� N a I� N IIZOri U Description: � 20 JSRI3TAL FERGUSON O.R. 2228, PG. 1546 LINE TABLE LINE LENGTH BEARING L1 100.08 S02'1 652 "E L2 78.95 S02'1 6'52 "E L3 239.87 N89'58'06 "W L4 5.01 S00'01'54 "W L5 227.67 N89'58'06 "W L6 19.99 N00'01'54 "E L7 65.16 N89'58'06 "W L8 63.96 NO2'27'19 "W L9 532.29 S89'58'08 "E I I I � . N z 0 I- U w n . w Iz J I I EXHIBIT. Page �9 NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. A portion of the Northwest one — quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for a distance of 100.08 feet, to a point on the Southerly Right —of —Way line of State Road #846 (Immokalee Road) and to the POINT OF BEGINNING of the herein described parcel; thence continuing South 02'16'52" East, along said 1/4 Section Line, for a distance of 78.95 feet; thence North 89'58'06" West, for a distance of 239.87 feet; thence South 00'01'54" West, for a distance of 5.01 feet; thence North 89'58'06" West, for a distance of 227.67 feet; thence North 00'01'54" East, for a distance of 19.99 feet; thence North 89'58'06" West, for a distance of 65.16 feet; thence North 02'27'19" West, for a distance of 63.96 feet, to a point on the said South Right —of —way line; thence South 89'58'08" East, along the Said Right —of —Way line, for a distance of 532.29 feet, to the POINT OF BEGINNING; Containing 0.968 acres, more or less. r AVID J. H . TT, P . (FOR THE FIRM) FLA. LIC. N 58 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W INC. >• ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 11/01 1 OF 1 0. (-7 (o\ FB PG I CHECKED BY DJH DWG. NO. IR —L -102 J r PARCEL NO. 702 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 100' R/W — N 1 /4 C RNER NORTH LINE OF SECTION 26 SEC. 26 IMMO_KALEE ROAD _ S.R. 846 L2 ARCEL 702 "Ar/ / 1 J ii If // a za I Q N N IW6�o I'+ ZOI I U 1� 20 p;kAL FERGUSON O.R. 2228, PG. 1546 LINE TABLE LINE LENGTH BEARING L1 100.08 NO2'16'52 "W L2 532.29 N89'58'08 "W L3 63.96 NO2'27'19 "W L4 65.16 N89'58'06 "W L5 30.02 S00'01'54 "W L6 63.85 N89'58'06 "W L7 30.05 NO2'27'19 "W I I I � N z O F U W W w Iz J I I Temporary Driveway Restoration Easement Description: EXHIBITi! ..$.r. Pe �2 . I ' I, NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. A portion of the Northwest one — quarter of Section 26, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the North Quarter Corner of said Section 26; thence South 02'16'52" East, along the 1/4 line of Said Section 26, for a distance of 100.08 feet, to a point on the Southerly Right —of —Way line of State Road #846 (Immokalee Road); thence North 89'58'08" West, along the Said Right —of —Way line, for a distance of 532.29 feet; thence South 02'27'19" East, for a distance of 63.96 feet, to the POINT OF BEGINNING of the herein described parcel; thence South 89'58'06" East, for a distance of 65.16 feet; thence South 00'01'54" West, for a distance of 30.02 feet; thence North 89'58'06" West, for a distance of 63.85 feet; thence North 02'27'19" West, for a distance of 30.05 feet, to the POINT OF BEGINNING; Containing 0.044 acres, more or less. DAVID J. HY , `P. (FOR THE FIRM) FLA. LIC. N . 583 NOT VALID WITHO T,THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA :' ASLKISoN SC SOCIATS INC. E = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. DRAWN BY FILE NAME AS NOTED 2 EAW 00- 018— OO.DWG DATE SHEET 11/01 1 OF 1 I , to, FB PG I CHECKED BY DJH DWG. N0. IR —L -702 .4 Fn r FEE SIMPLE INTEREST PARCEL # 103 0' El R/W NORTH LINE OF SECTION 26 IMMOKALEE ROAD S. R. BT6 -- -- Aos' / o, oi ,o F=1 ROY F. CUSTER 1 PEGGY M. CUSTER U 01 O.R. 2228, PG. 2338 LL. O 1 ro WI ZI J G 0� I I I I 1 I Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: EXHIBIT Pt Page Ot T NOT TO SCALE NOT TO SCALE: The Northerly 78.91 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, ' Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID J. +1Y , P, . . (FOR THE FIRM) granted for highway right —of —way. Containing 1.188 FLA. LIC. NO. . 583 acres more or less. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & VIAASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 1 EAW I 00- 018- 00.DWG DATE REVISED 3/1/02 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. NO. IR —L -103 J 1 ro 0� G 0� NOT TO SCALE: The Northerly 78.91 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, ' Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID J. +1Y , P, . . (FOR THE FIRM) granted for highway right —of —way. Containing 1.188 FLA. LIC. NO. . 583 acres more or less. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & VIAASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 1 EAW I 00- 018- 00.DWG DATE REVISED 3/1/02 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. NO. IR —L -103 J r FEE SIMPLE INTEREST PARCEL # 104 001- 100- R/W NORTH LINE OF SECTION 26_ IMMOKALEE ROAD _ ��6 1 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: EXHIBIT ...A NOT TO SCALE NOT TO SCALE: The North 464.60 feet, less and except the Easterly 60.00 feet, of the Southerly 385.65 feet thereof, of t the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, Township 48 South, Range 26 East, DAVID J. HYA , P.S OR THE FIRM) Collier County, Florida, excepting therefrom the north FLA. LIC. No. 583 100 feet thereof granted for highway right —of —way. NOT VALID WITHOUT THE SIGNATURE AND Containing 6.510 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON ES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE REVISED 2/11/02 I 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. N0. IR —L -104 J �o G NOT TO SCALE: The North 464.60 feet, less and except the Easterly 60.00 feet, of the Southerly 385.65 feet thereof, of t the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 26, Township 48 South, Range 26 East, DAVID J. HYA , P.S OR THE FIRM) Collier County, Florida, excepting therefrom the north FLA. LIC. No. 583 100 feet thereof granted for highway right —of —way. NOT VALID WITHOUT THE SIGNATURE AND Containing 6.510 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON ES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE REVISED 2/11/02 I 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. N0. IR —L -104 J FEE SIMPLE INTEREST PARCEL # 105 NORTH LINE OF SECTION 29 _ IMMOKALEE ROAD _ S.R. 846 -T-- Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: EXHIBIT NOT TO SCALE NOT TO SCALE: ,Q The Northerly 78.91 feet of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 26, - Township 48 South, Range 27 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID J. Y P.S. OR THE FIRM) granted for highway right —of —way. Containing 1.196 FLA. LIC. N . 583 acres more or less. NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. NO. IR —L -105 J �o 0 \� G 0� NOT TO SCALE: ,Q The Northerly 78.91 feet of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 26, - Township 48 South, Range 27 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID J. Y P.S. OR THE FIRM) granted for highway right —of —way. Containing 1.196 FLA. LIC. N . 583 acres more or less. NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. NO. IR —L -105 J r FEE SIMPLE INTEREST PARCEL # 106 100' R/W — — — — NORTH LINE OF SECTION 29 IMMOKALEE ROAD S. R. 846 //////000 0 iv P %G� - ' MARY H. WA O.R. 1348. PG. Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: II' III III III II [---60-00' I I III III I I I I EXHIBIT. Pago ld n/ -nl NOT TO SCALE NOT TO SCALE: The North 448.65 feet, less and except the Easterly 60.00 feet, of the Southerly 359.73 feet thereof, of the East 1/2, of the Northeast 1/4, of the Northeast !' 1/4, of Section 26, Township 48 South, Range 26 East, �4Z Collier County, Florida; subject to an easement for DAVID J. HYA , P-S.M.XfOR THE FIRM) road right —of —way over and across the East 30 feet FLA. LIC. NO. ,5834 / thereof, and excepting the north 100 feet thereof NOT VALID WITHOUT,/THE SIGNATURE AND previously dedicated for road right —of —way. Containing THE ORIGINAL RAISED SEAL OF A FLORIDA 6.304 acres more or less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE t SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 I EAW 100- 018— OO.DWG DATE I SHEET REVISED 2/11/02 10/01 1 OF 1 FB PG I CHECKED BY DJH DWG. NO. IR —L -106 J 1� 0� G 0- NOT TO SCALE: The North 448.65 feet, less and except the Easterly 60.00 feet, of the Southerly 359.73 feet thereof, of the East 1/2, of the Northeast 1/4, of the Northeast !' 1/4, of Section 26, Township 48 South, Range 26 East, �4Z Collier County, Florida; subject to an easement for DAVID J. HYA , P-S.M.XfOR THE FIRM) road right —of —way over and across the East 30 feet FLA. LIC. NO. ,5834 / thereof, and excepting the north 100 feet thereof NOT VALID WITHOUT,/THE SIGNATURE AND previously dedicated for road right —of —way. Containing THE ORIGINAL RAISED SEAL OF A FLORIDA 6.304 acres more or less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE t SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 126/48/261 0014.1 I EAW 100- 018— OO.DWG DATE I SHEET REVISED 2/11/02 10/01 1 OF 1 FB PG I CHECKED BY DJH DWG. NO. IR —L -106 J r III a � III III 10 III Iv III IN a 11 ," III O w '11 IZ-1 II II 'W If I� II I I I I I I I I I I I II I II I I I I I I I I I Notes: FEE SIMPLE INTEREST EXHIMT.$., PARCEL # 107A PW —100 R/W NORTH OF •1, IMMOKALEE '•'D 8,6 MEANS WMMEAWN GR//,,�ND LAND INITIAiIYE Qj OF NAPLES, LLC � O.RR.. 2489, PG. 301 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: WLAIJ►�� - �OF NAPLES,INLLCn� O.R. 2517, PG. 70 0) 00 C NOT TO SCALE The Northerly 79.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Easterly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 2.506 acres more or less. U-L-7 (off NOT TO SCALE: DAVID J. H TT, P .M. (FOR THE FIRM) FLA. LIC. 58 NOT VALID WITHO T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W W INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 o� GG 0- The Northerly 79.04 feet, together with the Southerly 10.00 feet, of the Northerly 89.04 feet, of the Easterly 479.06 feet, of the Northwest 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 2.506 acres more or less. U-L-7 (off NOT TO SCALE: DAVID J. H TT, P .M. (FOR THE FIRM) FLA. LIC. 58 NOT VALID WITHO T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W W INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 r FEE SIMPLE INTEREST PARCEL # 107B 1100- R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD 1 20 0 GRAND LAND INITIATIVE OF NAPLES, LLC O.R. 2457, PG. 1857 L Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, of the West 1/2, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, , Florida, except the north 100 feet, and the West 352.48 feet. Containing 0.558 acres more or less. SKETCH AND DESCRIPTION EXHIBIT. Pege_a.._..of__U_ 66?n66 0 50 100 150 52.48' EXCEPTIO h o� G 5 o- NOT TO SCALE: k\ ( -7 (o% DAVID J. H ATT. P (FOR THE FIRM) FLA. LIC. 0. 5 NOT VALID WITHOUT THE THE ORIGINAL RAISED SEA SIGNATURE AND L OF A FLORIDA LICENSED SURVEYOR AND MAPPER WILKISON & ASSOCIATES W W INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 J r FEE SIMPLE INTEREST EXHIBIT =_ PARCEL # 107C Paw-u—of y, R/W --17 Ff NORTH LINE OF SECTION 25 IMMOKALEE ROAD _ N S.R. 846 o �,Ofq o -- -- I I 21 I U') GRAND LANG INITIATIVE OF NAPLES, LLC I a N O.R. 2463, PG. 2702 3 Z II(n �I� NOT TO SCALE IKZ o I Z I�IN I rl� Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: NOT To SCALE: The Northerly 79.06 feet, together with the Southerly 9.99 feet, of the Northerly 89.05 feet, of the Easterly 213.93 feet, of the West 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 DAVID J. HY P . (FOR THE FIRM) South, Range 26 East, Collier County, Florida, except FLA. LIC. N . 583 the north 100 feet. Containing 1.247 acres more or NOT VALID WITHOUT THE SIGNATURE AND less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 25/48/26 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH C—,) N\ f 1 t q � G h G ok G r .F­N100' R/W ORTH LINE OF SECTION 25 _ IMMOKALEE ROAD U's �- iz W � � N CL Q` U) LL: �CS Notes: MA r- LO U : U C - CD _J I n W bi Y 0 cD Z LIJ ry Q r J 0 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: FEE SIMPLE INTEREST PARCEL # 108 EXHIBIT A Paw- _of 0 50 100 150 176.24' o� �G 0 NOT TO SCALE: The Northerly 89.04 feet, of the West 176.24 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing DAVID J. HY TT; P (FOR THE FIRM) 0.361 acres more or less. FLA. LIC. N 5$3 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATS E INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 125/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG I CHECKED BYJ DWG. NO. 11 /01 1 OF 1 1 DJH I IR —L -108 tov J r F 100' R/W ORTH LINE OF SECTION 25 IMMOKALEE ROAD S. R.--B-416- Notes: C 0 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: FEE SIMPLE INTEREST PARCEL # 109 EXHIBIT A Paw ` _of $3 . •.P 66?=" 0 50 100 150 352.48' 176.24' o� XN �G 0 NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 9.98 feet, of the Northerly 89.04 feet, of the Westerly 61.69 feet, of the West 1/2, of the East 176.24 feet, of the West 352.48 feet, of the Northeast 1/4, of the DAVID J. ATT, S.M. (FOR THE FIRM) Northwest 1/4, of Section 25, Township 48 South, FLA. LIC. 0. 5 4 Range 26 East, Collier County, Florida, except the north NOT VALID WITHOUT THE SIGNATURE AND 100 feet thereof. Containing 0.174 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED 125/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 11/01 1 OF 1 0.11 (ok FB PG I CHECKED BY DJH DWG. NO. IR —L -109 J r FEE SIMPLE INTEREST PARCEL # 110 R/W NORTH LINE OF SECTION 25 IMMOKALEE ROAD 6 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: EXHIBIT Re9o.1�,._,ot -00, 66?!%�6 0 50 100 150 352.48' 176.24' 0 �G 0 NOT TO SCALE: The Northerly 79.06 feet, of the East 1/2, of the East 176.24 feet, of the West 352.48 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 Don 1/wil" South, Range 26 East, Collier County, Florida, except DAVID J. HY T, P. . . (FOR THE FIRM) the north 100 feet thereof. Containing 0.160 acres FLA. LIC. No 58 more or less. NOT VALID WITH &dT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%%:ASSOCIAT ILKISON "C E S INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 25/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE I SHEET FB PG I CHECKED BYJ DWG. N0. 11 /01 1 1 OF 1 1 DJH I IR —L -110 �\ 1z1oN !J r FEE SIMPLE INTEREST EXHIBIT ` PARCEL # 111 Paw-V -0f_ _NORTH LINE OF SECTION 25 _ IMMOKALEE ROAD S.R. 846 109.81' I Al of the Northerly 99.04 feet, of the Easterly��1L WHITLEY S. WARD, TRUSTEE 109.81 feet, OF THE WHITLEY S. WARD, I D.D.S., P.A., PROFIT Northeast 1/4, of the Northwest 1/4, of SHARING PLAN AND Section 25, 953 I County, Florida, except the north 100 feet. Containing I�I 1.249 acres ICI I I I THE ORIGINAL RAISED SEAL OF A FLORIDA I I ICI I� Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: NOT TO SCALE NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly Al of the Northerly 99.04 feet, of the Easterly��1L h 109.81 feet, 5 o'� G 0- Northeast 1/4, of the Northwest 1/4, of NOT TO SCALE: The Northerly 79.06 feet, together with the Southerly 19.98 feet, of the Northerly 99.04 feet, of the Easterly��1L 109.81 feet, of the Westerly 334.60 feet, of the East 1/2, of the Northeast 1/4, of the Northwest 1/4, of IDAVID J. ATT ..(FOR THE FIRM) Section 25, Township 48 South, Range 26 East, Collier FLA. LIC. 0. 6K34 County, Florida, except the north 100 feet. Containing NOT VALID WITHOUT THE SIGNATURE AND 1.249 acres more or less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISON "C VIA:A'SSOCIAT E S INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED 125/48/261 0014.1 1 EAW I 00- 018— OO.DWG DATE 11/01 �.1.7 jck SHEET I FB PG I CHECKED BY 1 OF 1 1 1 DJH DWG. N0. IR —L -111 J r FEE SIMPLE INTEREST PARCEL # 112 O' j-100' R/W - NORTH LINE OF SECTION 25 IMMOKALEE ROAD _ ST71846 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: EXHIBIT-h-_ ot__5a_ :t Wei P9 NOT TO SCALE NOT TO SCALE: The Northerly 79.01 feet, together with the Southerly 10.04 feet, of the Northerly 89.05 feet, of the Westerly 233.83 feet, of the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 DAVID J. HY T, P. . (FOR THE FIRM) South, Range 26 East, Collier County, Florida, except FLA. LIC. NO. 583 the north 100 feet. Containing 1.251 acres more or NOT VALID WITHOUT THE SIGNATURE AND less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISON "C VIRA:S'SOCIAT S INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED125/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG I CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -112 ,\1,1d, J �1rX h 0� G 0� NOT TO SCALE: The Northerly 79.01 feet, together with the Southerly 10.04 feet, of the Northerly 89.05 feet, of the Westerly 233.83 feet, of the East 1/2, of the Northwest 1/4, of the Northeast 1/4, of Section 25, Township 48 DAVID J. HY T, P. . (FOR THE FIRM) South, Range 26 East, Collier County, Florida, except FLA. LIC. NO. 583 the north 100 feet. Containing 1.251 acres more or NOT VALID WITHOUT THE SIGNATURE AND less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISON "C VIRA:S'SOCIAT S INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED125/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG I CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -112 ,\1,1d, J r FEE SIMPLE INTEREST PARCEL # 113 100' R/W — - NORTH LINE OF SECTION 25 _ IMMOKALEE ROAD _ S.R. 846 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: EXHIBIT= pow 04 NOT TO SCALE NOT TO SCALE: The Northerly 79.01 feet, of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID J. H YTTHIE FOR THE FIRM) granted for highway right —of —way. Containing 1.197 FLA. LIC. N . 58 acres more or less. NOT VALID WITHO OR AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJA:AS' LK ISON 8c SOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME JAS NOTED125/48/261 0014.1 1 EAW I 00- 018- 00.DWG DATE SHEET FB PG I CHECKED BYJ DWG. NO. 10/01 1 OF 1 DJH IR —L -113 k\1 -1/0� J t h 0� G 0- NOT TO SCALE: The Northerly 79.01 feet, of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVID J. H YTTHIE FOR THE FIRM) granted for highway right —of —way. Containing 1.197 FLA. LIC. N . 58 acres more or less. NOT VALID WITHO OR AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJA:AS' LK ISON 8c SOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME JAS NOTED125/48/261 0014.1 1 EAW I 00- 018- 00.DWG DATE SHEET FB PG I CHECKED BYJ DWG. NO. 10/01 1 OF 1 DJH IR —L -113 k\1 -1/0� J r FEE SIMPLE INTEREST EXHIBIT PARCEL # 114 Pallw-a° of_ 1-100' R/W NORTH LINE OF SECTION 25 _ IMMOKALEE ROAD S.R. 846 L8 L6 -� L4 10 CYPRESS WOODS ENTERPRISES, INC. O.R. 2489, PG. 301 LINE TABLE LINE LENGTH BEARING L1 100.06 S02'00'39 "E L2 82.52 S02'00'39 "E L3 252.13 N88'34'44 "E L4 91.44 N89'58'11 "W L5 9.85 N00'01'49 "E L6 316.80 N89'58'11 "W L7 79.06 NO2'0252 "W L8 660.22 S89'58'11 "E Description: A portion of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast Corner of Said Section 25; thence South 02'00'39" East, along the Easterly Line of said Section 25, for a distance of 100.06 feet, to a point on the Southerly Right —of —Way of State Road of #846 and to the POINT OF BEGINNING of the herein described parcel; thence continuing South 02'00'39" East, along said Easterly Line, for a distance of 82.52 feet; thence South 88'34'44" West, for a distance of 252.13 feet; thence North 89'58'11" West, for a distance of 91.44 feet; thence North 00'01'49" East, for a distance of 9.85 feet; thence North 89'58'11" West, for a distance of 316.80 feet; thence North 02'02'52" West, for a distance of 79.06 feet, to a point on the said South Right —of —Way line; thence South 89'58'12" East, along the said South Right —of —Way line, for a distance of 660.22 feet, to the POINT OF BEGINNING; Containing 1.257 acres, more or less. NE CORN ER S25 J P L3 I Iw IW Ito Q N 3 to � � U W U) I� L- 0 to w z I U -J lC I �I I� I MI I I we NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. NOT TO SCALE: DAVID J. ATT, P.S FOR THE FIRM) FLA. LI C. NO. 5834 NOT VALID WITHOU THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W W INC. N ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 125/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 11/01 1 OF 1 ik(Z(01 FB PG I CHECKED BY DJH DWG. NO. IR —L -114 J \�x 0� \� �G 0� NOT TO SCALE: DAVID J. ATT, P.S FOR THE FIRM) FLA. LI C. NO. 5834 NOT VALID WITHOU THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W W INC. N ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 125/48/261 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 11/01 1 OF 1 ik(Z(01 FB PG I CHECKED BY DJH DWG. NO. IR —L -114 J r FEE SIMPLE INTEREST PARCEL # 115A 100 R/W I NORTH LINE OF SECTION 30 IMMOKAL E ROAD S.R.1 846 f I 101 ' I I ,ASP 0 I Q P�cs� I I : 0 (j I.J w (n UJ I (n F- Z W 13 LnI O I� I J I o 1 w UJ � I� U wl of I I DESCRIPTION: 660' 10' The Northerly 178.84 feet, of the West 10.00 feet, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. SEC EXHIBIT Page -aU_of_.3 s 66?!%i6 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. J 1= az / DAVID J. H �, P.S . (FOR THE FIRM) FLA. LIC. NO. 583 NOT VALID WITHO T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c VIRASSOCIAT INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW DATE SHEET F8 PG CHECKED BY REVISED 2/12/02 02/02 1 OF 1 DJH 115A.DWG DWG. NO. IR— L -115A J r FEE SIMPLE INTEREST PARCEL # 115B 1001 R/W _NORTH LINE OF SECTION___ 30 - - 00, LEE ROAD-- — S. R. 846 I I I� ICI I�I I� C IK IC IF W IC I� I� I� I I Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 543.90 feet, less and except the Westerly 30.00 feet of the Southerly 465.06 feet thereof, of the West 660 feet of the Northwest 1/4, less the North 100 feet previously dedicated for State Highway #846, and less the East 10 feet, and the West 10 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 7.675 acres more or I ess. 4 tOYAL WATC O.R. 1399.1 a EXHIBIT. . NOT TO SCALE NOT TO SCALE: DAVID J. HY , P.S. OR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. REVISED 2/11/02 10/01 1 OF 1 DJH IR— L -115B J r FEE SIMPLE INTEREST EXHIgIT- PARCEL # 115C page S JUC 100' R/W NORTH LINL--Of SE TI�N9 IMMOKALEE ROAD S.R. 846 to 06 10' 0 50 100 150 �-1yG DESCRIPTION: Z O a w U W 0 The Northerly 178.64 feet, of the East 10.00 feet, of the West 660 feet of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. SCALE I SEC NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. HY (FOR THE FIRM) FLA. LI C. N ,,' 583 / NOT VALID V THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR— L -115C J r FEE SIMPLE INTEREST EXHIBIT PARCEL # 116 Page 2L—kot t:�) 100' RAW _ IMMOKALEE 6 OAD S.R Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.84 feet, together with the Southerly 9.94 feet, of the Northerly 88.78 feet, of the Easterly 33.25 feet, of the West 325 feet, of the North 1/2, of the East 1/2 of the West 1/2 of the Northwest 1/4, less the North 100 feet, previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.565 acres more or less. SCALE 0 50 100 150 325' G O� NOT TO SCALE: AVID J. H , , P. . . FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON Sc VIRASSOCIAT INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE REVISED 3/8/02 10/01 REVISED 3/6/02 SHEET I FB PG I CHECKED BY 1 OF 1 1 1 DJH IN WL01111111►N1 IR —L -116 J r 100' R/W L� IMMOKAL 84 ROAD S.R. 11\ W] 00 OON z Zro QQ . oon Of 0% V) I—U_) w wco �z Q moo✓ O Notes: 1. This is not a survey. 2. Basis of bearing is N /A. FEE SIMPLE INTEREST EXHIBIT PARCEL # 117 Paw _2_c�._04 J. ,F 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the West 100 feet of Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the North 100 feet road —way for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.197 acres more or less. . A �i 66?!%iii 0 50 100 150 100' 1 0 .0 G 0- NOT TO SCALE: c / AVID J. HY P;S.M' (FOR THE FIRM) FLA. LIC. N 5834; NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -117 Ji/lIVI J r FEE SIMPLE INTEREST EXHIBIT R PARCEL # 118A Page.4._of j,; 100' R/W IMMOKAL 846 OOAD________ S. K. Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.78 feet, of the Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4 of the Northwest 1/4, less the West 100 feet and less the East 30 feet and less the 100 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.391 acres more or less. SCALE SEC/ AS NOTED 30/4 DATE SHE REVISED 2/11/02 1 0/01 1 0 P9 66?=" 0 50 100 150 DK G O� NOT TO SCALE: f7, 0 ' 1� A 4 t'THE DAVID J. Y . POR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHOUSIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB W. 0. NO. DRAWN BY FILE NAME 8/27 0014.1 EAW 00- 018— OO.DWG ET FB PG CHECKED BY DWG. N0. F 1 DJH IR— L -118A 4 J r FEE SIMPLE INTEREST EXHIBIT PARCEL # 118B Paw J2 of -v) 100' R/W LNORTH LINE OF SECTION 30_ IMMOKALEE ROAD _ S.R. 846 '00 tl� II 00 30' 00 II oKrI G o�� I I II^ III II� III III Ilx `► I I IILU 00 0: I I IIQ Z w w o � I J III II� o I�N DESCRIPTION: The Northerly 188.78 feet, of the East 30.00 feet, of the Northwest 1/4, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. SCALE e 66P%6i 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. ATT, .M. (FOR THE FIRM) FLA. LIC. 0. 5Fg4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C VIRASSOCIAT INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 5U8 I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 118B.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -1188 J 30' 1 O oKrI G o�� NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. ATT, .M. (FOR THE FIRM) FLA. LIC. 0. 5Fg4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C VIRASSOCIAT INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 5U8 I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 118B.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -1188 J r FEE SIMPLE INTEREST PARCEL # 120 100' R /W IMMOKALEB ROAD S.R. �o G�� 1 aid Q P� e5 97 CLEARY HOLDINGS, L.L• - CLEARY HOLDINGS, L.L.C. O R 2837, PG. 3309 O.R. 2837, PG. 3309 c� a G o � 3 J z d 0 N EASEMENT NOT TO SCALE: DESCRIPTION: The Northerly 78.69 feet, together with the Southerly 9.78 feet, of the Northerly 88.47 feet, of the Easterly 53.84 feet, of the West 1/2 of the East 1/2 of the East 1/2, of the Northwest 1/4, AND, the East 1/2 of the Northwest 1/4 of the Northeast 1/4, of the Northwest 1/4, AND, the North 1/2 of the North 1/2 of the West 1/2 of the West 1/2 of the East 1/2 of the Northwest 1/4, less the North 100 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 1.756 acres more or less. SCALE I SEC EXHIBIT= Pa' -- a.5_0( q3 53.84 5 CLEARY HOLDINGS, L L.C. O.R. 2837, PG. 3309 11 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. U O F z a J 4 a V V 66?!%ii� 0 50 100 150 NOT TO SCALE: DAVID J. Y .M FOP. THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET 10/01 1 OF 1 ii to let FB PG I CHECKED BY DJH DWG. NO. IR —L -120 J 1 O G O NOT TO SCALE: DESCRIPTION: The Northerly 78.69 feet, together with the Southerly 9.78 feet, of the Northerly 88.47 feet, of the Easterly 53.84 feet, of the West 1/2 of the East 1/2 of the East 1/2, of the Northwest 1/4, AND, the East 1/2 of the Northwest 1/4 of the Northeast 1/4, of the Northwest 1/4, AND, the North 1/2 of the North 1/2 of the West 1/2 of the West 1/2 of the East 1/2 of the Northwest 1/4, less the North 100 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 1.756 acres more or less. SCALE I SEC EXHIBIT= Pa' -- a.5_0( q3 53.84 5 CLEARY HOLDINGS, L L.C. O.R. 2837, PG. 3309 11 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. U O F z a J 4 a V V 66?!%ii� 0 50 100 150 NOT TO SCALE: DAVID J. Y .M FOP. THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET 10/01 1 OF 1 ii to let FB PG I CHECKED BY DJH DWG. NO. IR —L -120 J r FEE SIMPLE INTEREST PARCEL # 121 100 R/\N —L— NORTH LINE OF SECTION 29 00 Z 00 Q =N = U U CY C' 0 13 ZQUOO J Od" N D o Ir o' I-- O Notes: MMOKALEE S. _ ROAD R. 846 1. This is not a survey. 2. Basis of bearing is N /A. 1.2 U Z Z O� rUrn N US 2D6 1- = ZQU0- a0 -�Od�- QON X00 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.47 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of the Northwest 1/4, less the North 100 feet previously dedicated for State Highway #846, and less the East 10 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.633 acres more or less. F 10.00, I to I z F U V) I Iw I I I �-: 1 L- 0 w z J IIIQ I Iw II II EXHIBIT P� 66?!%i6 0 50 100 150 NOT TO SCALE: Z� �' i /// 14 DAVID J. H TT, P (FOR THE FIRM) FLA. LIC. N . 58 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME JAS NOTED 130/48/271 0014.1 J EAW J 00- 018— OO.DWG DATE SHEET FB PG I CHECKED BY 10/01 1 OF 1 DJH tk ( -? (o � DWG. NO. IR —L -121 J D� 1 O � o� G 01 NOT TO SCALE: Z� �' i /// 14 DAVID J. H TT, P (FOR THE FIRM) FLA. LIC. N . 58 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME JAS NOTED 130/48/271 0014.1 J EAW J 00- 018— OO.DWG DATE SHEET FB PG I CHECKED BY 10/01 1 OF 1 DJH tk ( -? (o � DWG. NO. IR —L -121 J r FEE SIMPLE INTEREST PARCEL # 122 100' R/W NORTH LINE OF 30 IMMOKALEE ROAD S. g. 846 r 20' P PRG DESCRIPTION: I I� I i �rt III The Northerly 178.38 feet of the East 10.00 feet, of the Northwest 1/4, less the North 100.00 feet previously dedicated for State Highway #846, together with, the Northerly 178.38 feet of the West 10.00 feet of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.036 acres more or less. EXHIBIT A 10 6�� 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. �. DAVID J. A T, . . (FOR THE FIRM) FLA. LIC. 0. 5804 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJAJ:A SO ILK ISON 8c SCIATES INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE 1� I W.O. NO. 20' FILE NAME Dc 30/48/27 0014.1 EAW 122.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 02/02 1 OF 1 DJH IR —L -122 e1G NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. �. DAVID J. A T, . . (FOR THE FIRM) FLA. LIC. 0. 5804 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJAJ:A SO ILK ISON 8c SCIATES INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. NO. DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 122.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 02/02 1 OF 1 DJH IR —L -122 J r 0 PO z 0 U W W Z J F- Notes: 100' R /W FEE SIMPLE INTEREST PARCEL # 123 )K ALEE ROAD S.R. 846 1 1.16 o, JEN CASEY REVOCABLE GTR2604 O.R. 269 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.38 feet, of the North One Half of the West 335 feet of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway #846, and less the west 10 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.358 acres more or less. SCALE I SEC EXHIBIT= P�9e�ol� 66PM6� 0 50 100 150 NOT TO SCALE: DAVID J. HY4TT, P.S. R THE FIRM) FLA. LIC. NEY 58344 NOT VALID WITHOU THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8C VIRASSOCIAT INC. )• ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 5U8 I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 00- 018- 00.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -123 fi cr c� J r FEE SIMPLE INTEREST EXH181T-L- PARCEL # 124 Raq*-3 -_OI_jj5_ 100' R/W IMMOKALEE ROAD S.R. 8 10 GARY L SMYERS LINDA L. MYERS O.R. 2431, PG. 1040 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.38 feet, of the East 200' feet, of the West 535 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.358 acres more or less. SCALE 0 50 100 150 NOT TO SCALE: DAVID J. HY . (FOR THE FIRM) FLA. LIC. N 58 P, NOT VALID WITH T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISON 8C VIAA:'SSOCIAT ES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 5U6 I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -124 If of e'/ J r FEE SIMPLE INTEREST PARCEL # 125 100' R/W IMMOKALEE OROAD S.R. B D40 N otes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.38 feet, of the East 125' feet, of the West 660 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.195 acres more or less. EXHIMT 66?!%ii� 0 50 100 150 NOT TO SCALE: e 41 DAVID J. H .S FOR THE FIRM) FLA. LIC. . 583 NOT VALID WITH THE SIGNATURE AND THE ORIGINAL R ISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. NO. DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET I FB PG I CHECKED BY I DWG. NO. 10/01 1 OF 1 DJH IR —L -125 o77,c/ J FEE SIMPLE INTEREST PARCEL # 126 100' R NORTH LINE OF SECTION 30 - � 4 CORNER IMMOKALEE ROAD S.R. 846 L3 — N P P CEL 1 J /O J L9 1.14 LOIS NEFF JOAN GOODNIGHT 8 O.R. 739, LINE TABLE LINE LENGTH BEARING L1 100.05 NO2'13'14 "W L2 643.74 N86'03'16 "E L3 321.87 N86'03'16 "E L4 88.24 NO2'1 7'52 "W L5 53.66 N86'03'16 "E L6 10.00 NO3'56'44 "W L7 129.75 N86'03'16 "E L8 19.99 NO3'56'44 "W L9 109.21 N86'03'1 6 "E L10 19.81 NO3'56'44 "W L11 1 28.99 1 N86'03'16 "E L12 1 78.41 1 NO2-16-23"W \\ 1(0\ w L5 EXHIBIT...� i -- 335' 660' � o� G 5 NOT TO SCALE: 0 50 100 150 r DAVID J. HYA , P.S. FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON 8c S INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 J r FEE SIMPLE INTEREST PARCEL # 126 Description: EXHIBIT� 0 ­1•, A portion of the East 660 feet of the West 1/2 of the Northeast 1/4, less the East 335 feet thereof, and less the North 100 feet previously dedicated for State Highway #846, and less the South 10 feet thereof. Section 30, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the North 1/4 Comer of said Section 30; thence South 02'13'14" East, along the 1/4 section line of said Section 30, for a distance of 100.05 feet, to a point on the existing south right —of —way line of State Road #846 (Immokalee Road); thence North 86'03'16" East, along said south right —of —way line, for a distance of 643.74 fleet, to the POINT OF BEGINNING of the herein described parcel; thence continuing North 86'03'16" East, along said south right —of —way line, for a distance of 321.87 feet; thence South 02'17'52" East, for a distance of 88.24 feet; thence South 86'03'16" West, for a distance of 53.66 feet; thence `North 03'56'44" West, for a distance of 1Q.00 feet; thence South 86'03'16" West, for a distance of 129.75 "feet; thence South 03'56'44" East, for a distance of 19.99 feet; thence South 86'03'15" West, for a distance of 109.21 feet; thence North 03'56'44" West, for a distance of 19.81 feet; thence South 86'03'16" West, for a distance of 28.99 feet; thence North 02'16'23" West, for a distance of 78.41 feet, to the POINT OF BEGINNING; Containing 0.640 acres, more or less. Notes: 1. This is not a survey. 2. Basis of bearing is state plane coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. P.O.C. = Point of Commencement P.O.B. = Point of Beginning 5. Not valid without Sheet 1 of 2 depicting Sketch of Description and bearing the original signature and embossed seal of a Florida registered Surveyor and Mapper. SKETCH AND DESCRIPTION %%CLA LK ISON 8c SOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED130/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE 10/01 »( -7 (oi SHEET I FB PG I CHECKED BY 2 OF 2 1 1 DJH DWG. N0. IR —L -126 -2 J r FEE SIMPLE INTEREST PARCEL # 127 100' R/W ELL---- IMMOKALEE ROAD S.R. 8 1� o' w �nr- Qr W ry M C Y 00 Ya co 3i W r ZQ � N J A O C� W N otes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 88.20 feet, of the West 150' feet of the East 1/2, of the North 1/2 of the Northeast 1/4, of the Northwest 1/4, of the Northeast 1/4, less the North 100 feet, previously dedicated for road rightaway, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.304 acres more or less. SCALE AS NOTED DATE 10/01 IT t( s� EXHIBIT A Page -�.of z 0 50 100 150 150' EAST 1/2 O O � V ,`\ G C O- NOT TO SCALE: ff4;el DAVID J. HYA , FS rTHE FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOU SIGN ATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC /SUB W. 0. N0. DRAWN BY FILE NAME 0/48/27 0014.1 EAW 00- 018— OO.DWG SHEET FB PG CHECKED BY DWG. NO. 1 OF 1 DJH IR —L -127 J r FEE SIMPLE INTEREST PARCEL # 128 100' R/W i— NORTH LINE OF SECTION 30 _ _ - =OKAL S46_ OAD S.R P Z > za Lo ry - W :2 W C� :2:2W *- N .W N _0-) W 1- z.:)ry QUO EXCEPTION 150. 0' 30.00' 1 O 13 t O� O� G NOT TO SCALE: DESCRIPTION: The Northerly 88.20 feet of the East One Half, of the North One Half, of the North East Quarter, of the North West Quarter, of the North East Quarter, less the North 100' feet rightofway, less the East 30' feet thereof for egress and ingress, and the West 150' feet thereof. Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.287 acres more or less. EXHIBIT. PeW-11—of *,--6 661!%�6 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. B�J A// DAVID J. A ;, P . . (FOR THE FIRM) FLA. LIC. 0. 58 NOT VALID WITH UT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES W W INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 "It.? tok J r FEE SIMPLE INTEREST PARCEL # 129A 100' R/W NORTH LINE OF SECTION 30 U- _ IMMOKALEE ROAD _ S.R. 846 DESCRIPTION: The Northerly 188.20 feet, of the East 30.00 feet of the Northwest 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. SCALE I SEC EXHIBITr Page-.11_ot 00-�_ E 6M-r!%i6 0 50 100 150' NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. Y , P.S',#f (FOR THE FIRM) FLA. LI C. NO. 5834 NOT VALID WITHO&Y THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c VIRASSOCIAT INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 129A.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR— L -129A J 30' G 0 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. Y , P.S',#f (FOR THE FIRM) FLA. LI C. NO. 5834 NOT VALID WITHO&Y THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c VIRASSOCIAT INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 129A.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR— L -129A J r FEE SIMPLE INTEREST PARCEL # 129B 100' R/W -� NORTH LINE OF SECTION 30 IMMOKALEE ROAD - S.R. 846 DESCRIPTION: The Northerly 178.00 feet, of the West 30.00 feet, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.054 acres more or less. SCALE I SEC EXHIBIT� 66?!%i6 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. 6-1 % 'J J/ 111414K, DAVID J. H TT, P. (FOR THE FIRM) FLA. LIC. N 5834/ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 129B.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -1296 J 30' O� G 0- NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. 6-1 % 'J J/ 111414K, DAVID J. H TT, P. (FOR THE FIRM) FLA. LIC. N 5834/ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 129B.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -1296 J r FEE SIMPLE INTEREST PARCEL # 130 100' R/W IMMOKALEE ROAD S.R 8 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 78.00 feet, of the South 260 feet of the North 360' of the West 1/2 of the Northwest 1/4, of the Northeast 1/4, of the Northeast 1/4 of Section 30, Township 48 South, Range 27 East, Collier County, Florida, less the West 30 feet thereof. Containing 0.523 acres more or less. EXHIBIT Pegg—Li—of $= 66?!%iii 0 50 100 150 0 o ca co � N NOT TO SCALE: n UL / ;//"� 0 AVID J. HY , P.S. bR THE FIRM) FLA. LIC. N . 5834 NOT VALID \MTHOUIrTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -130 0/0 J 1tK O O� NOT TO SCALE: n UL / ;//"� 0 AVID J. HY , P.S. bR THE FIRM) FLA. LIC. N . 5834 NOT VALID \MTHOUIrTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -130 0/0 J r FEE SIMPLE INTEREST PARCEL # 131 100' R/W IMMOKALE84ROAD S.R 1 2 SARA SINCLAIR LLENBRRST O.R. JAMES C• 1516E PG • 2279 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. 4. Parent tract descriptions are presented here verbatim from the provided descriptions. DESCRIPTION: The Northerly 78.00 feet, together with the Southerly 9.83 feet, of the Northerly 87.83 feet, of the Easterly 25.05 feet, of the East 325 feet of the West 660 feet of the East 1/2 of the Northeast 1/4, less the North 100 feet previously dedicated for road rightaway, and less the south 10 feet thereof, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.582 acres more or less. EXHIBIT= Page -S.1_—Of 0 50 100 150 NOT TO SCALE: DAVID J. H P.S.M. OR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHOUT E SIGNATURE AND THE ORIGINAL RAISE SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE I SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 1 EAW 00- 018— OO.DWG DATE SHEET FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 DJH IR —L -131 ii Tc r To u J 325' 660' - - O G O NOT TO SCALE: DAVID J. H P.S.M. OR THE FIRM) FLA. LIC. N . 5834 NOT VALID WITHOUT E SIGNATURE AND THE ORIGINAL RAISE SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE I SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 1 EAW 00- 018— OO.DWG DATE SHEET FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 DJH IR —L -131 ii Tc r To u J r FEE SIMPLE INTEREST PARCEL # 132 100' R/W IMMOKALEE ROAD /� QpFLG�L 00 /n o F IL U x w 13.1 0 CAP VENTURE OF COLLIER COUNTY, INC. O.R. 1499, Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 87.83 feet, of the West 1/2 of the Northeast 1/4 of the Northeast 1/4, of the Northeast 1/4, LESS the East 30 feet and LESS the North 100 feet, AND the West 1/2 of the Southeast 1/4 of the Northeast 1/4, of the Northeast 1/4, Less the East 30 feet, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.589 acres more or less. SCALE EXHIBIT A POW 149L of '%�? �0�� 0 50 100 150 NOT TO SCALE: f � DAVID J( P. A. (FOR THE FIRM) FLA. LIC. Z . 58 NOT VALID WITH ;YT THE SIGNATURE AND THE ORIGINAL RAISED SEAL-OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJAJ:A>S0C1AT ILKISON "C ES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG I CHECKED BY DWG. NO. REVISED 2/11/02 10/01 1 OF 1 DJH IR —L -132 J 4/ O G O� NOT TO SCALE: f � DAVID J( P. A. (FOR THE FIRM) FLA. LIC. Z . 58 NOT VALID WITH ;YT THE SIGNATURE AND THE ORIGINAL RAISED SEAL-OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJAJ:A>S0C1AT ILKISON "C ES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG I CHECKED BY DWG. NO. REVISED 2/11/02 10/01 1 OF 1 DJH IR —L -132 J r FEE SIMPLE INTEREST PARCEL # 133 100' R/W NORTH LINE OF SECTION 30 IMMOKALEE ROAD _ — S.R. 846 30' QP DESCRIPTION: The Northerly 187.83 feet, of the East 30.00 feet, of the West 1/2, of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. EXHIBIT k Paw—a3—of= 10 0 66?!%i6 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. AVID J. HYgT, P.S. 'i'(FOR THE FIRM) FLA. LIC. NG. 5834 . ;, NOT VALID WITHOUT /THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 133.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -133 J 30 Dc 0 G O� G 0- NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. AVID J. HYgT, P.S. 'i'(FOR THE FIRM) FLA. LIC. NG. 5834 . ;, NOT VALID WITHOUT /THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 133.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -133 J r 100' R/W IMMOKALE8E ROAD S.R � QP 37 W Lv O --Ji J mmd J QN N UwN � O Notes: 1. This is not a survey. Cy- ry wW0 :2g J J C7 mmn J Q N N N Uw 2. Basis of bearing is N /A. —' O FEE SIMPLE INTEREST PARCEL # 134 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 77.73 feet, of the East 100 feet of the West 200 feet, and the West 100 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100 feet reserved for Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.357 acres more or less. EXHIBIT Page ' of 0,= HryY11i 66?!%i6 0 50 100 150 NOT TO SCALE: D�c L&41 DAVID J. HY S . (FOR THE FIRM) FLA. LIC. NO" 583 NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%%:A ILKISON "C SSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE 10/01 I' Icl /t/ SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. NO. IR —L -134 J O �j O� G 0- NOT TO SCALE: D�c L&41 DAVID J. HY S . (FOR THE FIRM) FLA. LIC. NO" 583 NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%%:A ILKISON "C SSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE 10/01 I' Icl /t/ SHEET I FB PG I CHECKED BY 1 OF 1 1 I DJH DWG. NO. IR —L -134 J r 100' R/W r IMMOKALEgE 6 AD S.R 70 M �� I o � IF U W U- O DO -J 10 0 83 1 0 Ln U) 0 Q Q Q W 00 Z �N EY ry QaCL W vN 7 Lv LJ r W LL- LIDT- o I^ O I Notes: 1. This is not a survey. 2. Basis of bearing is N /A. FEE SIMPLE INTEREST PARCEL # 135 30 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 77.73 feet, of the East 1/2 of the Northeast 1/4, of the Northeast 1/4, of the Northeast 1/4, less the west 200' feet, and the East 10' thereof, also less the North 100 feet reserved for Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.200 acres more or less. SCALE EXHIBIT Page `.of 9i_ 0 50 100 150 NOT TO SCALE: DAVID J. HYATT, S.M. R THE FIRM) FLA. LIC. NO. 34 NOT VALID WI OUT E SIGNATURE AND THE ORIGINAL RATS SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE 10/01 11 Iar/cl 1 OF 1 1 I DJH In"i"fewrol IR —L -135 J O •0 G O� NOT TO SCALE: DAVID J. HYATT, S.M. R THE FIRM) FLA. LIC. NO. 34 NOT VALID WI OUT E SIGNATURE AND THE ORIGINAL RATS SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 130/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE 10/01 11 Iar/cl 1 OF 1 1 I DJH In"i"fewrol IR —L -135 J r 100' R/W NORTH LINE OF SECTION 30 IMMOKALEE ROAD S.R. 46 T 10' ,1 -56 P P GAL z 0 CL w U W ICA z O F- 0 U N IV w z J F- V) Q w DESCRIPTION: FEE SIMPLE INTEREST PARCEL # 136 The Northerly 177.73 feet, of the East 10.00 feet, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.018 acres more or less. SCALE I SEC EXHIBIT...... Page i� _of 66?!%66 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. —10' DAVID J. FWATT, S:M. (FOR THE FIRM) FLA. LIC. 0. 58' 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 136.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 02/02 1 OF 1 DJH IR —L -136 NJ Ik G � O� G O� NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. —10' DAVID J. FWATT, S:M. (FOR THE FIRM) FLA. LIC. 0. 58' 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 136.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 02/02 1 OF 1 DJH IR —L -136 NJ r EXHIBIT P FEE SIMPLE INTEREST Paw—Q—af ?2— PARCEL # 137 100' R/W NORTH LINE OF SECTION 29 IMMOKALEE ROAD S.R. 46 T Z O F=- W U W Im O F U W N U- O W z J I- cn 7 DESCRIPTION: The Northerly 178.03 feet, of the West 30.00 feet, of the Northwest 1/4, of Section 29, Township 48 South, Range 27 East, less the North 100.00 feet previously dedicated for State Highway #846, Collier County, Florida. Containing 0.054 acres more or less. SCALE 661%i� 0 50 100 150 30' 1 0 � O� G O- NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. a-111 AVID J. H TT, P. (FOR THE FIRM) FLA. LI C. NO. 58 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 29/48/27 0014.1 EAW 137.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -137 J r V Z U o Lj IJ 01 W� Z J F- R/W FEE SIMPLE INTEREST EXHIBIT. PARCEL # 138 Pa9s-�11—of 100' R/W ±4 i NORTH LINE OF SEC110N 29 OKAL� OAD___ _ - - -__ — — ------ — S. R. 846 01 COM AN 560.58 TWINEAGiES DEVELOPIAPGT2035PY' `D O.R. 2366, / NOT TO SCALE: DESCRIPTION: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. The Northerly 78.03 feet, together with the Southerly 370.44 feet, of the Northerly 448.48 feet, of the Easterly 560.58 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 East, DAVID J. H TT, P (FOR THE FIRM Less the North 100 feet for road right —of —way ) purposes and LESS the West 30 feet thereof for road FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND right —of —way purposes, Collier County, Florida. THE ORIGINAL RAISED SEAL OF A FLORIDA Containing 7.016 acres more or less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON "C ES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY FILE NAME JAS NOTED 129/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE REVISED 2/11/02 I 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 I 1 DJH .1 DWG. NO IR —L -138 J 1 0'� 0 NOT TO SCALE: DESCRIPTION: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. The Northerly 78.03 feet, together with the Southerly 370.44 feet, of the Northerly 448.48 feet, of the Easterly 560.58 feet, of the West 1/2 of the West 1/2 of Section 29, Township 48 South, Range 27 East, DAVID J. H TT, P (FOR THE FIRM Less the North 100 feet for road right —of —way ) purposes and LESS the West 30 feet thereof for road FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND right —of —way purposes, Collier County, Florida. THE ORIGINAL RAISED SEAL OF A FLORIDA Containing 7.016 acres more or less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON "C ES INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY FILE NAME JAS NOTED 129/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE REVISED 2/11/02 I 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 I 1 DJH .1 DWG. NO IR —L -138 J r FEE SIMPLE INTEREST PARCEL # 139 EXHIBIT A I" 100' R/W NORTH OF SECTION ON 9 27Z2 _ _ � —, — _._- -_ 199• --. �QK ALEE� � — — --�-- p�S 846 N 86'00'23" E 1286.29 — S02'22'23;' S.R. S� 139 ,88.99 4 "W /) /1r S 86'00 23" W 505.83' / 86'00' 2'z NO3'59W "W 109.24 20.06 as JOAN S. WARD O.R. 1257, DESCRIPTION: A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1 /4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02'22'23" East, along the east line of the Northwest 1/4 of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right —of —Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02'22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86'00'23" West, for a distance of 328.55 feet; thence North 03'59'37" West, for a distance of 10.00 feet; thence South 86'00'23" West, for a distance of 342.35 feet; thence South 03'59'37" East, for a distance of 19.73 feet; thence South 86'00'23" West, for a distance of 109.24 feet; thence North 03'59'37" West, for a distance of 20.06 feet; thence South 86'00'23" West, for a distance of 505.83 feet; thence North 02'23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to a point on said Southerly Right —of —Way Line; thence North 86'00'23" East, along said Southerly Right —of —Way Line, for a distance of 1,286.29 feet, to the POINT OF BEGINNING; Containing 2.452 acres, more or less. >'00 23,'W „ S86'00 23, W 342.35 328.55 NO3'59 37, W 10.00 ez JOAN S. WARD O.R. 1257, PG. 904 • I to Lq I (z I� Z I p I � U I� UVJ) i N NOT TO SCALE Notes: 1. This is not a survey. 2. Basis of bearing is state pland coordinates, Florida East Zone. 3. Subject to easements, reservations and restrictions of record. 4. P.O.C. = Point of Commencement P.O.B. = Point of Beginning AVID J. , P. (FOR THE FIRM) FLA. LIC. NO. 583 NOT VALID WITHOU THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIALKISON 8c TES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. NO. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW I 00- 018— OO.DWG DATE SHEET FB PG I CHECKED BYl DWG. NO. 10/01 1 OF 1 DJH IR —L -139 \\ (-t (01 J r U� W io W Z J U) I FEE SIMPLE INTEREST EXHIBIT PARCEL # 140A -�-- 100' R/W NORTH LINE OF SECTION _ __29 IMMOKALE8E GROAD ____ -- S.R. ,30 1 _._ 30' 5.1 GIORDANO ANTHONY K. GIORDAN0 MAUREEN A. O.R. 1705, PG- 410 NOT TO SCALE: DESCRIPTION: 66?!%66 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. The Northerly 179.18 feet of the West 30' feet of the North One Half of the North West Quarter of the Northeast Quarter, less the North 100.00 feet previously dedicated for State Highway #846. Section AVID J. ATT, :S.M. (FOR THE FIRM) 29, Township 48 South, Range 27 East, Collier County, FLA. LIC. NO. 34 Florida. Containing 0.055 acres more or less. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED129/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY 02/02 1 OF 1 DJH DWG. N0. IR— L -140A J 30' tK o� G o� NOT TO SCALE: DESCRIPTION: 66?!%66 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. The Northerly 179.18 feet of the West 30' feet of the North One Half of the North West Quarter of the Northeast Quarter, less the North 100.00 feet previously dedicated for State Highway #846. Section AVID J. ATT, :S.M. (FOR THE FIRM) 29, Township 48 South, Range 27 East, Collier County, FLA. LIC. NO. 34 Florida. Containing 0.055 acres more or less. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED129/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY 02/02 1 OF 1 DJH DWG. N0. IR— L -140A J r N Z O F U W 0 w Z J� H FEE SIMPLE INTEREST PARCEL # 140B 10o' R /`N NORTH LINE OF SECTI� 0_ 29 IMMOKALEgE ROAD ____ -- S.R. N ,30 1 S.1 GIORDANO ANTHONY K. GIORDANO M AU REEN A O.R. 1705, PG. 410 NOT TO SCALE: DESCRIPTION: EXHIBIT-L- Page _ S- '— Of--a3 _ as 66?%ii6 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. The Northerly 79.18 feet of the West Two 260' tK 1A Sixty Feet 260' of the North One Half of the North �- West Quarter of the Northeast Quarter, less the West f � 30' feet, and the North 100' feet. Section 29, Township DAVID J. H TT, .S.M. (FOR THE FIRM) 0 G 0- Containing 0.418 acres more or less. NOT TO SCALE: DESCRIPTION: EXHIBIT-L- Page _ S- '— Of--a3 _ as 66?%ii6 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. The Northerly 79.18 feet of the West Two Hundred Sixty Feet 260' of the North One Half of the North �- West Quarter of the Northeast Quarter, less the West f � 30' feet, and the North 100' feet. Section 29, Township DAVID J. H TT, .S.M. (FOR THE FIRM) 48 South, Range 27 East, Collier County, Florida. FLA. LIC. WO. 5834 Containing 0.418 acres more or less. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3505 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE I SHEET I FB PG_L CHECKED BY DWG. NO. 02/02 1 1 OF 1 1 1 DJH IR— L -140B J r FEE SIMPLE INTEREST PARCEL # 141 100' IMMOKALEE ROAD S.R. 846 100' 360'- 00 ;. GIORDANO �. GI ORD AN 0 PG. 410 Description: EXHIBIT P� Page —5!2_of _%I_ 42 54 DK z'— � CHARLES F. W W Cn H ELEN J 0� z CH ARLES R z w LIJ �- o- BETTY J. P( DJH Ly- O.R. 883, CY _ U Z IY U5 EXHIBIT P� Page —5!2_of _%I_ The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. 66?!%iii 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. C DAVID J. HYW. , P.S OR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHO , THE SIGNATURE AND THE ORIGINAL RA SED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJA:A' LKISON 8c SSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG DK DATE SHEET FB PG 0� 0 DWG. NO. The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. 66?!%iii 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. C DAVID J. HYW. , P.S OR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHO , THE SIGNATURE AND THE ORIGINAL RA SED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJA:A' LKISON 8c SSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG Him J DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -141 Him J FEE SIMPLE INTEREST PARCEL # 142 100' R /W IMMOKALEE ROAD _ S.R. 846 Description: 100' 360' -- EXHIBIT____ Wage 5> Of t-2,_ 10 C 14 The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.364 acres, more or less. 66?niii� 0 50 100 150 NOT TO SCALE: N otes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. r� AVID J. HYA , P.S.MrESIGNATURE OR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA WILKISON Sc ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -142 Ir cr cl J O� 0 The Northerly 79.18 feet of the East One Hundred (100') of the West 360', of the North One Half of the Northwest quarter of the Northeast quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.364 acres, more or less. 66?niii� 0 50 100 150 NOT TO SCALE: N otes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. r� AVID J. HYA , P.S.MrESIGNATURE OR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA WILKISON Sc ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -142 Ir cr cl J r ------J-100' R IMMOKAL 84ROAD S.R iN J )N 4 17 Notes: 9 ry (D W W O CD (n c_ J W � ) W Q W N F- tY W 1. This is not a survey. 2. Basis of bearing is N /A. FEE SIMPLE INTEREST PARCEL # 143 100' 660' -- 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.18 feet, of the East One Hundred (100) feet of the West 660 feet of the North 1/2 of the Northwest 1/4, of the Northeast 1/4 less the North 100 feet previously dedicated for State Highway EXHIBIT -. - 66?!%66 0 50 100 150 NOT TO SCALE: #846, Section 29, Township 48 South, 15AMD J. HYA/77 P.S. . FOR THE FIRM) Range 27 East, Collier County, Florida. FLA. LIC. Na/5834 Containing 0.182 acres more or less. NOT VALID WTI THO E SIGNATURE AND THE ORIGINAL RAI ED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -143 t lcr J 0� G 0� NOT TO SCALE: #846, Section 29, Township 48 South, 15AMD J. HYA/77 P.S. . FOR THE FIRM) Range 27 East, Collier County, Florida. FLA. LIC. Na/5834 Containing 0.182 acres more or less. NOT VALID WTI THO E SIGNATURE AND THE ORIGINAL RAI ED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -143 t lcr J r 100 IMMOKALE46 ROAD S.R. 8 Z N Z FyD ry 10 � aNN w a C3 FEE SIMPLE INTEREST PARCEL # 144 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: 660'— The Northerly 79.18 feet of the following described parcel. Commencing at the North one — quarter corner of Section 29,Township 48 South, Range 27 East, Collier County, Florida. Thence 1'South 32'29" East, 100.05 feet to the Southerly Boundary or Right of Way Line off State Road 846, thence North 86'49'46" East along said Right of Way Line 660.00 feet to the point of beginning, thence South 1'32'29" East 560.00 feet, thence North 86'49'46" East 166.09 feet, thence North 1'20'20" West 560.00 feet to the Southerly Right —of —Way of State Road 846, thence South 86'49'46" West along said Right —of —Way Line 166.61 feet to the point of beginning. Containing 0.182 acres more or less. SCALE I SEC EXHIBIT_,_,.__ Hof --3r. •� Y 1� 66"%iii 0 50 100 150 NOT TO SCALE: c DAVID J. HY ,,T7, P:8.M. OR THE FIRM) FLA. LIC. N 834 NOT VALID WITHOUT E SIGNATURE AND THE ORIGINAL RAIS SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISoN "C VIRA:S'SOCIAT S INC. E ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018- OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR -L -144 if Iti Itl J 166.09' tK \� • 0� G 0- NOT TO SCALE: c DAVID J. HY ,,T7, P:8.M. OR THE FIRM) FLA. LIC. N 834 NOT VALID WITHOUT E SIGNATURE AND THE ORIGINAL RAIS SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISoN "C VIRA:S'SOCIAT S INC. E ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018- OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR -L -144 if Iti Itl J r FEE SIMPLE INTEREST EXHIBIT A� PARCEL # 145 page Sk—of �-- 100' RAW j, V V NORTH IN OF _5ZQTION 30 IMMOKAL 84 ROAD S.R. -T ° 44 z co ` N LL- � Z M ry 0 UJ CD U J O W W N fY W D% U (j Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.18 feet, of the West 100 feet of the East 460 feet of the Northeast 1/4, of the Northwest 1/4, of the Northeast 1/4, less the North 100 feet previously dedicated for State Highway #846, Section 29, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.182 acres more or less. II 0 50 100 150 NOT TO SCALE: DAVID J. H TT, PV.' ' M. FOR THE FIRM) FLA. LIC. 0. 5 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%%:A ILKISON 8C SSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 1 EAW 00- 018— OO.DWG DATE SHEET I FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 DJH IR —L -145 wed c/ J 100' tK 460' G O� NOT TO SCALE: DAVID J. H TT, PV.' ' M. FOR THE FIRM) FLA. LIC. 0. 5 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%%:A ILKISON 8C SSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 1 EAW 00- 018— OO.DWG DATE SHEET I FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 DJH IR —L -145 wed c/ J r 100' R/W NORTH LINE OF SECTION 29 IMMOKALEE8ROAD_ S.R D J i z 0 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: FEE SIMPLE INTEREST PARCEL # 146 0' EXCEPTION EXHIBIT A Rage 57 of_:11L 66?!%i6 0 50 100 150 NOT TO SCALE: The Northerly 79.18 feet, together with the Southerly 10.00 feet, of the Northerly 89.18 feet, of the Easterly 303.99 feet, of the East 360 feet of the Northeast Quarter of the Northwest Quarter, of the Northeast 15AVID J. H TT, P. (FOR THE FIRM) Quarter less the East 30' feet, and the North 100' FLA. LIC. . 58 feet. Section 29, Township 48 South, Range 27 East, NOT VALID WITH THE SIGNATURE AND Collier County, Florida. Containing 0.700 acres more or THE ORIGINAL RAISED SEAL OF A FLORIDA less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN "C ASSOCIATES INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG, N0. 10/01 1 OF 1 DJH IR —L -146 %�-' 1 110) J 360' 30' 4 0� \� G 0- NOT TO SCALE: The Northerly 79.18 feet, together with the Southerly 10.00 feet, of the Northerly 89.18 feet, of the Easterly 303.99 feet, of the East 360 feet of the Northeast Quarter of the Northwest Quarter, of the Northeast 15AVID J. H TT, P. (FOR THE FIRM) Quarter less the East 30' feet, and the North 100' FLA. LIC. . 58 feet. Section 29, Township 48 South, Range 27 East, NOT VALID WITH THE SIGNATURE AND Collier County, Florida. Containing 0.700 acres more or THE ORIGINAL RAISED SEAL OF A FLORIDA less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN "C ASSOCIATES INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG, N0. 10/01 1 OF 1 DJH IR —L -146 %�-' 1 110) J r FEE SIMPLE INTEREST PARCEL # 147A 100' R/W NORTH LINE OF SECTION 30 IMMOKAL SR 1�1 a_ O (n Fn Z W Z Z O 7 DESCRIPTION: �O 0 U �OR E ROAD _ O M 0 F U W V) U- 0 w z d' w z z w O W Z J F- N Q W The Northerly 189.18 feet of the East 30.00 feet of the Northwest 1/4, of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.061 acres more or less. EXHIBIT - N Page _.!.__of,_ 6d� 0 50 100 1501 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. ATT, P .M. (FOR THE FIRM) FLA. LIC. 0. 5$ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c VIRASSOCIATS INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 147A.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 02/02 1 OF 1 DJH IR— L -147A J 30' D� \'ix O O� NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. ATT, P .M. (FOR THE FIRM) FLA. LIC. 0. 5$ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c VIRASSOCIATS INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED 30/48/27 0014.1 EAW 147A.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 02/02 1 OF 1 DJH IR— L -147A J r FEE SIMPLE INTEREST PARCEL # 147B 100' R /W NORTH LINE OF SECTION IM ALEE ROAD - R. 846 \bc N F � w Q O U z O � w z w z w w 0 w z IJ DESCRIPTION: The Northerly 179.18 feet of the West 30.00 feet of the Northeast 1/4, of the Northeast 1/4, less the North 100.00 feet previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Containing 0.055 acres more or less. 6*0 EXHIBIT� raw spa.$. °L !%i6 0 50 100 150 NOT TO SCALE: N otes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. HY . .M. (FOR THE FIRM) FLA. LIC. NQi 583 NOT VALID VMTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 147B.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -1478 J 30' \�x O NOT TO SCALE: N otes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. DAVID J. HY . .M. (FOR THE FIRM) FLA. LIC. NQi 583 NOT VALID VMTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 30/48/27 0014.1 EAW 147B.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 02/02 1 OF 1 DJH IR —L -1478 J r Description: FEE SIMPLE INTEREST PARCEL # 148 100' R/W NORTH LINE _ _-OF S CTioN_2� P IMMOKALEE RO______ — S.R. 846 l LINE TABLE LINE Qi r BEARING L4 100.04 zo SUDAL L2 JOHN MAN{( 0. R. 797. PG. 346 Ya L3 79.21 NO2'1 6'54 "W L4 495.82 n z L5 1 79.21 NO2'21'11 "W d LINE TABLE LINE LENGTH BEARING L1 100.04 NO2'20'00 "W L2 760.18 N86'02'06 "E L3 79.21 NO2'1 6'54 "W L4 495.82 N86'02'06 "E L5 1 79.21 NO2'21'11 "W L6 1 495.91 N86'02'06 "E EXHIBIT A PaSe_� o L2 NOT TO SCALE A portion of Section 29, Township 48 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast Corner of said Notes: Section 29; thence South 02'20'00" East, along the East line of said Section 29, for a distance 1. This is not a survey. of 100.04 feet, to a point on the Southerly Right —of —Way Line of State Road .4846 (Immokalee Road); thence South 86'02'06 2. Basis of bearing is state plane ,. West alon said Souther) Ri ht —of —Wa line coordinates, Florida East Zone. WIN J 0) N z O U w V) O W z J V7 Q W I g Y 9 Y 0 for a distance of 760.18 feet, to the Northeast Corner of the Lands described in the Official 3. Subject to easements, reservations and Records Book 797 Pa a 346 of the Public restrictions of record. g, Records of Collier County, Florida, and the POINT OF BEGINNING of the herein described 4. P.O.C. parcel; thence South 02'16'54" East, along the P.O.B. _ Easterly Boundary of the said Land Described, for a distance of 79.21 feet; thence South 86'02'06" West, for a distance of 495.82 feet, to a point on the Westerly Boundary of the Land Described in Official Records Book 797, Page 346, of the Public Records of Collier County, Florida; thence North 02'21'11" West, = Point of Commencement Point of Beginning AVID J. Y (FOR THE FIRM) FLA. LIC. N 5iT NOT VALID WITH THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER along the Westerly Boundary of the said Land SKETCH AND DESCRIPTION Described, for a distance of 79.21 feet, to a %%R:AS LK I S o N "C point on the said southerly right —of —way line; S O C I AT E S thence North 86'02'06" East, along said INC. southerly right —of —way line, for a distance of ENGINEERS, SURVEYORS AND PLANNERS 495.91 feet, to the POINT OF BEGINNING; 3506 EXCHANGE AVE. NAPLES, FLA. 34104 Containing 0.901 acres, more or less. (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED 129/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 10/01 1 OF 1 FB PG I CHECKED BY DJH )1'PIemillrej IR —L -148 r —R /W — IMM_ OKALEE ROAD S.R. 846 0 � PSG Q 3 56 O Q O � J Q Zn 1--- Q I— LW a0 W QN ry J C) Ld Z O Q Description: FEE SIMPLE INTEREST PARCEL # 149 EXHIBIT _A___ 10C 100' 660' O The Northerly 79.18 feet of the East One Hundred (100') of the West 660', of the Northwest quarter of the Northeast quarter of the Northeast quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.182 acres, more or less. 66?!%iii 0 50 100 150 NOT TO SCALE: N otes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. C DAVID J. HYA P.S7ESIGNATURE R THE FIRM) FLA. LI C. N 0. 34 NOT VALID WI HOUT AND THE ORIGINAL RAISE OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -149 0110 J r U100' R/W d- C3 n DD u7 N a• Description: FEE SIMPLE INTEREST PARCEL # 150 IMMOKALEE_ R__ S.R. 846 38 7` Q O� Cy- 0 F 00 U): n- �J LLJ JI 0 < L0 U Z Q� Q Q� ry -J M0 0 1 EXHIBIT . Pow � 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. NOT TO SCALE: The West Two Hundred (200') feet of the East Six Hundred Sixty (660') feet of the North One Half of the Northeast One Quarter of the Northeast One Quarter, less the North 100' feet thereof previously dedicated for the State Highway purposes. Section AVID J. HY P.S. (FOR THE FIRM) 29, Township 48 South, Range 27 East, Collier FLA. LIC. N 5834,/' County, Florida. Containing 2.652 acres, more or NOT VALID WITHOU�THE SIGNATURE AND less. THE ORIGINAL RAI ED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:ASSOCIAT ILKISON "C E S INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018- OOO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. REVISED 2/11/02 I 10/01 I 1 OF 1 DJH I IR -L -150 J 200' 660' ' O� NOT TO SCALE: The West Two Hundred (200') feet of the East Six Hundred Sixty (660') feet of the North One Half of the Northeast One Quarter of the Northeast One Quarter, less the North 100' feet thereof previously dedicated for the State Highway purposes. Section AVID J. HY P.S. (FOR THE FIRM) 29, Township 48 South, Range 27 East, Collier FLA. LIC. N 5834,/' County, Florida. Containing 2.652 acres, more or NOT VALID WITHOU�THE SIGNATURE AND less. THE ORIGINAL RAI ED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:ASSOCIAT ILKISON "C E S INC. ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/27 0014.1 EAW 00- 018- OOO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. REVISED 2/11/02 I 10/01 I 1 OF 1 DJH I IR -L -150 J r FEE SIMPLE INTEREST PARCEL # 151 r- *100' R/W IMMOKALEE ROAD S.R. 846 Description: EXHIBIT II II Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. 4. *Descriptions provided did not make note of Right —of —Way exception. The West 200 feet of the East 460 feet of the NOT TO SCALE: North 1/2 of the Northeast 1/4 of the Northeast 1/4. Section 29, Township 48 South, Range 27 East, % Collier County, Florida. Containing 1.326 acres, more or less. ' 01 DAVID J. HY , P. (FOR THE. FIRM) FLA. LIC. N . 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON "C ES INEM ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW 100- 018— OOO.DWG DATE REVISED 2/11/02 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 1 DJH DWG. NO. IR —L -151 J 200' 460' G O� The West 200 feet of the East 460 feet of the NOT TO SCALE: North 1/2 of the Northeast 1/4 of the Northeast 1/4. Section 29, Township 48 South, Range 27 East, % Collier County, Florida. Containing 1.326 acres, more or less. ' 01 DAVID J. HY , P. (FOR THE. FIRM) FLA. LIC. N . 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VIA:A'SSOCIAT LKISON "C ES INEM ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW 100- 018— OOO.DWG DATE REVISED 2/11/02 10/01 SHEET I FB PG I CHECKED BY 1 OF 1 1 1 DJH DWG. NO. IR —L -151 J r 100' R/W IMMOKALEE ROAD S.R. 846 PE D D J C Description: zi FEE SIMPLE INTEREST PARCEL # 152 EXHIBIT A P9 11.1 A 0 50 100 150 u7 NOT TO SC E: u7 f the Northeast 1/4 of the � U) ! �UJ0 Notes: G O� J �— 1. This is not a survey. z Collier U J 2. Basis of bearing is N /A. more or NOT VALID WITHOUT THE SIGNATURE AND 0 Q 3. Subject to easements, reservations and restrictions of p record. The West 100 100' 360' of the NOT TO SC E: North 1/2 of the Northeast 1/4 of the \ty"C' , 3 G O� bAVID J. H Y5. M. (FOR THE FIRM) The West 100 feet of the East 360 feet of the NOT TO SC E: North 1/2 of the Northeast 1/4 of the Northeast , 3 1/4, Less the North 100ft of Right of Way. Section bAVID J. H Y5. M. (FOR THE FIRM) 29, Township 48 South, Range 27 East, Collier FLA. LIC. 0. 584 County, Florida. Containing 1.327 acres, more or NOT VALID WITHOUT THE SIGNATURE AND less. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VJA1:A L KISON "C SSOCIATS INC. E = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 29/48/27 DATE SHEET REVISED 2/11/02 10/01 1 OF 1 0014.1 1 EAW 100- 018— OOO.DWG FB PG I CHECKED BY DJH DWG. NO. IR —L -152 J r 100' RAW IMMOKALEE ROAD S.R. 846 0o CEO x'53 0 (n � 49 WO Ln ::D ry O o� IW-a- _� SO FW- W cD = ?3 0 co J W� W J z0 w� Z O Description: FEE SIMPLE INTEREST PARCEL # 153 EXHIBIT A Page „of E The Northerly 79.18 feet of the West 230 feet, of the East 260, feet of The North One —Half of the Northeast One— Quarter of the Northeast One— Quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.418 acres, more or less. 66?!%ii� 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. r � DAVID J. HYA , P.S?ESIGNATURE THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%CLA'SSOCIAT LKISON "C S INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET 10/01 1 OF 1 Il zi of FB PG I CHECKED BY DJH DWG. NO. IR —L -153 J 230' 260' o� GG 0- The Northerly 79.18 feet of the West 230 feet, of the East 260, feet of The North One —Half of the Northeast One— Quarter of the Northeast One— Quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.418 acres, more or less. 66?!%ii� 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. r � DAVID J. HYA , P.S?ESIGNATURE THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION %%CLA'SSOCIAT LKISON "C S INC. E M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. N0. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET 10/01 1 OF 1 Il zi of FB PG I CHECKED BY DJH DWG. NO. IR —L -153 J r 00' R/W IMMOKALEE ROAD S. R. 8 6 ?4 00 Ln FEE SIMPLE INTEREST PARCEL # 154 P PRCE- 154 � I o_ rn O N L -'d- Z N O_ n; I~ U W O U1 UJ w I Z � J W n co � Q O W J Z Q IV Lv D' I LIJ o_ O IJ Description: EXHIENT A Page 6of..,$; The Northerly 79.18 feet, together with the Southerly 20.45 feet of the Northerly 99.63 feet, of the Easterly 16.24 feet of The East 30 Feet of The North One —Half of the Northeast One— Quarter of the Northeast One— Quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.062 acres, more or less. N 66?!%iii 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. L DAVID J. HYA , P.S. . (FOR THE FIRM) FLA. LIC. N0. 834 NOT VALID WITHOU THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. 11111111 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE 10/01 vm SHEET I FB PG I CHECKED BY 1 OF 1 1 1 DJH DWG. NO. IR —L -154 30' •O o� The Northerly 79.18 feet, together with the Southerly 20.45 feet of the Northerly 99.63 feet, of the Easterly 16.24 feet of The East 30 Feet of The North One —Half of the Northeast One— Quarter of the Northeast One— Quarter, less Right —of —Way, Section 29, Township 48 South Range 27, East, Collier County, Florida. Containing 0.062 acres, more or less. N 66?!%iii 0 50 100 150 NOT TO SCALE: Notes: 1. This is not a survey. 2. Basis of bearing is N /A. 3. Subject to easements, reservations and restrictions of record. L DAVID J. HYA , P.S. . (FOR THE FIRM) FLA. LIC. N0. 834 NOT VALID WITHOU THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. 11111111 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME AS NOTED 129/48/271 0014.1 1 EAW 100- 018— OO.DWG DATE 10/01 vm SHEET I FB PG I CHECKED BY 1 OF 1 1 1 DJH DWG. NO. IR —L -154 r POINT 0= E Description: G: 0 LO r- Ln 4 N O O .. 00 N Z O F- 0 W V) W Z J H V7 W 86'50; 5 107.19 z t r- W c� I W O C� LO Z N I O OI o ZI FEE SIMPLE INTEREST PARCEL # 155 IMMOKALEE ROAD S.R. 846 1 B6'5(0"45-" E 382.18' /6' UTILITY �� ,/EASEMENT jt��� S 86'50' '� W S 03'09 '15" E 19.75 8 ANDY R' MORGAN BEVERLEY E. MORGAN O.R. 1111, PG. 1093 A portion of Tract 8, Golden Gate Estates, Unit 20, according to the plat thereof as recorded in Plat Book 7, Page 80 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northwest Corner of said Tract 8; thence North 86'50'45" East, along the Northerly Boundary of said Tract 8, for a distance of 382.18 feet, to the Northeasterly Corner of said Tract 8; thence South 00'19'10" West, along the Easterly Boundary of said Tract 8, for a distance of 79.65 feet; thence South 86'50'45" West, for a distance of 273.63 feet; thence South 03'09'15" East, for a distance of 19.75 feet; thence South 86'50'45" West, for a distance of 107.19 feet, to a point on the Westerly Boundary of said Tract 8; thence North 01'25'50" West, along the Westerly Boundary of s ai d Tr ct 8, for a distance of 104.71 feet, to the POINT 0 BEGINNING; Containing 0.767 acres, more or less 66?E%66 0 50 100 150 EXHIBITE�. Pegg la-of _ -7j-� Imil 0 r- Q O_ CJ O A Notes: This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. a F DAVID J. ATT, S.M. (FOR THE FIRM) FLA. LIC. 0. 4 NOT VALID WI OUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VATJIIR1FIX&*077WT I.1ELlAlP14 -4 WW INC. >• ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED I GGE 20 1 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 10/01 1 OF 1 i or c� FB PG I CHECKED BY DJH DWG. NO. IR —L -155 J r FEE SIMPLE INTEREST PARCEL # 156 IMMOKALEE ROAD S.R. 846 ' 330.61' N 86'5045,.-- rE`—ZT T A0 1 o_ a) 0 0 V) Description: d- r-� N r- 0 o_ o 0 The Northerly 323.89 feet of Tract 9, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 2.457 acres, more or less. EXHIBIT Pa ge 6" of •i oft 66?!%66 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. 5. U.E. Represents Utility Easement. DAVID J. HY , P. . (FOR THE FIRM) FLA. LIC. N 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C %%RASSOCIATS INC. E = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. NO. DRAWN BY FILE NAME J AS NOTED GGE 20 0014.1 EAW 00- 018— OOO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. REVISED 2/11/02 10/01 1 OF 1 DJH IR —L -156 J r FEE SIMPLE INTEREST PARCEL # 157 N IMMOKALEE ROAD __ ----- --- S.R. 846 45" 330.61 ' E - N 86'50' 5� 0 50 100 150 P PRCE� 20 Cq M. PAY NE n R. 2501, PG 00 N � Notes: 1. This is not a survey. 2. Basis of bearing is plat. 0) 00 0 3. Subject to easements, 0 reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. 5. U.E. Represents Utility Easement. Description: The Northerly Estates, Unit 323.89 feet of Tract 20, Golden Gate 20 as Recorded in Plat Book 7, Page f 80, of the Public Records of Collier County, Florida. Containing 2.457 acres, more or less. DAVID J. HY P.S.W FOR THE FIRM) FLA. LIC. NO- '5834 NOT VALID WITHOUT' THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION LKISON %%A:A'SS0C1ATES INC.1• ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018- 00O.DWG DATE SHEET FB PG CHECKED BY DWG. NO REVISED 2/11/02 10/01 1 OF 1 DJH IR —L -157 Fw- FEE SIMPLE INTEREST PARCEL # 158A R/W - IMMOKALEE ROAD S.R. 846 N 86. 50945" E 165.31' 6' UTILITY EASEMENT i0 n o_ 0 0 U) Description: TRACT � o pJ� 0 G �G -G 0 0 �. 21 165.00' The Northerly 94.35 feet of Westerly 165.00 feet of Tract 21, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.359 acres, more or less. N 66?=" 0 50 100 150 EXHIBIT � paw ---JtJ'—ot Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. r DAVID J. HY T, S (FOR THE FIRM) FLA. LIC. NO. 5834 , NOT VALID WITHOUT` THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB I W.O. N0. I DRAWN BY FILE NAME AS NOTED I GGE 20 1 0014.1 1 EAW I 00- 018— OO.DWG DATE SHEET 01 /02 1 1 OF 1 FB PG I CHECKED BY DJH DWG. NO. IR— L -158A J r FEE SIMPLE INTEREST PARCEL # 158B 100' R/W IMMOKALEE ROAD S.R. 846 N _86'50'45" E 330.61' _ 1 6' UTILITY EASEMENT TR PCT 21 0 �r LO r- 0 rn 0 0 Description: G zi gyp, O� 165.00' The Northerly 94.35 feet of Tract 21, Less the Westerly 165.00 feet Thereof, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.359 acres, more or less. SCALE 66?!%�6 AS NOTED 0 50 100 150 DATE 01/02 o_ a� 0 0 EXHIBIT A PaW —n _of ; C Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. DAVID J. HYWI, P.S. (FOR THE FIRM) FLA. LIC. NO:' 5834/ NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN 8c ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L65770 SEC /SUB W. 0. NO. DRAWN BY FILE NAME GGE 20 0014.1 EAW 00- 018— OO.DWG SHEET FB PG CHECKED BY DWG. N0. 1 OF 1 DJH IR —L -1588 J r 0 0 rn 0 0 M 4 FEE SIMPLE INTEREST PARCEL # 159 IMMOKALEE ROAD_ N 86'50'45" E 661.22' -ACk 15I /6' U /LI '- S '50 86' 45 " W 283.47' / S86 NO3.5 '15"\N 36 O.A. STREET O.R. 1954, PGS. 586 -592 Description: EXHIBIT A Page -al� of s EASEMENT S 86'50' 45" W 269.97' )'54 "W S03-09'1 511E 20.00 37 LO H.A. STREET q- 586 -592 0 .- O.R. 1954, PGS. 00 00 31. 0 o a., o r. o o 0 0 A portion of Tract 36 and Tract 37, Golden Gate Estates, Unit 20, according to the plat thereof as recorded in Plat Book 7, Page 80 of the Public Records of Collier County, Florida, being more particularly described as follows: Begin at the Northwesterly Corner of said Tract 36; thence North 86'50'45" East, along the Northerly Boundary of said Tract 36 and Tract 37, for a distance of 661.22 feet, to the Northeasterly Corner of said Tract 37; thence South 00'19'10" West, along the Easterly Boundary of said Tract 37, for a distance of 70.19 feet; thence South 86'50'45" West, for a distance of 269.97 feet; thence South 03'09'15" East, for a distance of 20.00 feet; thence South 86'50'45" West, for a distance of 109.54 feet; thence North 03'09'15" West, for a distance of 5.00 feet; thence South 86'50'45" West, for a distance of 283.47 feet, to a point on the Westerly Boundary of said Tract 36; thence North 00'19'10" East, along the Westerly Boundary of said Tract 36, for a distance of 94.58 feet, to the POINT OF BEGINNING; Containing 1.282 acres, more or less. N 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. DAVID J. HYA P.S W R THE FIRM) FLA. LIC. NO. 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION \ALA WILKISON & ASSOCIATES W INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 I SCALE I SEC /SUB I W.O. NO. I DRAWN BY I FILE NAME I AS NOTED I GGE 20 1 0014.1 1 EAW 100- 018— OO.DWG DATE SHEET 10/01 1 OF 1 c1 M FB PG I CHECKED BY DJH Oft DWG. NO. IR —L -159 J r O 00 O (7i O O Description: FEE SIMPLE INTEREST PARCEL # 160 IMMOKALEE ROAD S.R. 846 7N 86'50'45" E /;7 330.61' 6' UTILITY' a; P AROE` 1 EASEMENT 52 JUAN R R ELVIA Fi AMIREZ PG. 2684 O.R. 2399, CV N 00 O 0) O O EXHIBIT A� Paw-a!?—Of - 10C Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plot unless otherwise noted. K The Northerly 79.43 feet of Tract 52, Golden Gate r4. Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. DAVID J. ATT; M. (FOR THE FIRM) Containing 0.603 acres, more or less. FLA. LIC. O. 5 4 N NOT VALID WI UT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORID) LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG 0 50 100 150 DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -160 II cl c/ K r C, LC c a C C c C C Description: FEE SIMPLE INTEREST PARCEL # 161 IMMOKALEE ROAD C Q 946 EXHIB,IT� Paw-:21A—of -- 10 C '4 The Northerly 79.43 feet of Tract 53, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.603 acres, more or less. N D r D n D n Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. DAVIIDD//j J. HY , P. (FOR THE FIRM) FLA. LIC. NO 5834; NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN "C V%AA ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 66?!%i6 0 50 100 150 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -161 1 { 01 Ic I El r FEE SIMPLE INTEREST PARCEL # 162 IMMOKALEE ROAD N 86'50' 45" E 165.30' _ 6' UTILITY E /CEME 62 cfl 00 3 O O O a Description: :J w w ~ N � N � M Of F__ (D tY a- w > rrj J d' 07 LO I- � :D O F-- 00 U0 U0 00 O_ O) O O A9 EXHIBIT A Page 5 at 'S's - -- lOC (0 ry 00 wNO M af (� Q CL L� r W Q M n; Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. The Northerly 79.43 feet of the West One —Half of Tract 68, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of DAVID J. HY P.S.M. OR THE FIRM) Collier County, Florida. Containing 0.301 acres, more FLA. Llc. N or less. .5834 NOT VALID WITHOUT AE SIGNATURE AND N THE ORIGINAL RAISED SEAL OF A FLORID LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATS E INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG 0 50 100 150 DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -162 (r ei t'J r FEE SIMPLE INTEREST PARCEL # 163 IMMOKALEE ROAD S.R. 846 N 86'50' 45" E 165.30' — — - -- 6' UTILITY EASEMENT .:A_ w w cr) ~ N D N F ' ^ N ^V^ 1..1� (1 w > ro J 4 07 LO � O F- 0 Description: 00 LO r 00 0 r- . 0 0 U) ZR Pk- .% 68.1 Q0 rY 00 w M CID D! CD aw w N� ry Lid a� M O 0 00 o_ m 0 0 M EXHIBIT loci Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. The Northerly 79.43 feet of the East One —Half of Tract 68, Golden Gate Estates, Unit 20, as Recorded V eyw in Plat Book 7, Page 80, of the Public Records of DAVID J. HY i', P. (FOR THE FIRM) Collier County, Florida. Containing 0.301 acres, more FLA. LIC. N . 58 or less. N NOT VALID WITH T THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORID LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C E ASSOCIATS INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME 66?=6iii AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG 0 50 100 150 DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -163 11 17 O1 W r FEE SIMPLE INTEREST PARCEL # 164 EXHIBIT A Fagg 2 0f 1-�>_ _ - - 10 C11 IMMOKALEE ROAD S.R. 846 i Rr'50' 45" E 330.61' -/V6 � U/ 69 LEWIS R. KING MARGARET JEPG K N O.R. 1559, 0 (o 'T'^^ W 0 r 0 .r- 0) Notes: 0 ° 1. This is not a survey. V) 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: T 00 00 3 O T r O V) The Northerly 79.43 feet of Tract 69, Golden Gate 9-10 Estates, Unit 20, as Recorded in Plat Book 7, Page c 80, of the Public Records of Collier County, Florida. DAVID J. Y TT, P. (FOR THE FIRM) Containing 0.603 acres, more or less. FLA. LIC. N 58 N NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORID) LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON "C ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L65770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG 0 50 100 150 DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR —L -164 II al o/ J r FEE SIMPLE INTEREST PARCEL # 165 IMMOKALEE ROAD_ S.R. 846 N 1816-5010945" E 330.61' 165 6' UTILITY EA DRCE / 0) 84 KATHERINE CREVIER ROBERT C. CREVIER O.R. 2124, PG, 1828 d- 0 00 00 0 a� o Notes: 0 Cl) I 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. Description: The Northerly 79.43 feet of Tract 84, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 0.603 acres, more or less. N T 00 0 rn I rn 0 0 EXHIBIT__ Paw-21—of -6Z2 AVID J. HYAr. P.S. (FOR THE FIRM) FLA. LIC. N0. 583 NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION ILKISON 8c VIRA:SSOCIAT E S INC. � ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. L85770 66?!%i6 0 50 100 150 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. N0. 10/01 1 OF 1 DJH IR —L -165 jlclo r FEE SIMPLE INTEREST PARCEL # 166A N 86'50'45" E 330.61' �I d- ai EXHIBIT A pegs i of_ IMMOKALEE ROAD ------ S.R. 846 330.61' N 86'50' 45" E 1 UTILITY 100 85 WALNUT FARMS, INC. WALNUT FARMS, SORATION WA q DELAWARE A DELAWARE COBS O3 A410 O.R. 2352, PG • 992 O.R. 1615, PG S. p O SEC /SUB T DRAWN BY FILE NAME O O 0014.1 ;- O O O � N O Notes: 10/01 1 OF 1 O DJH IR— L -166A Oci cl O p O SEC /SUB W.O. NO. DRAWN BY FILE NAME O O 0014.1 ;- O DATE O � CHECKED BY O Notes: 10/01 1 OF 1 Description: The Northerly 79.43 feet of Tract 100, and Tract 85, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida. Containing 1.205 acres, more or less. N This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. r` 1- • • �� M 40 DAVID J. H A P.S.M. OR THE FIRM) FLA. LIC. NO. 834 NOT VALID WITHOUT E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WI LKISON "C ASSOCIATES INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 0 50 100 150 SCALE SEC /SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR— L -166A Oci cl a� J r CV 0' 00 O O a) T- o O A� FEE SIMPLE INTEREST PARCEL # 166B N 86'50' 45„ E 330.61' z -i g' .UTILITY 00 N PO EXHIBIT A Pop-'Lo—of � _ IMMOKALEE ROAD _-- ---- -- S.R. 846 330.61' I N 86'50' 45� ��� % Coi E/. 117 WALNUT FARMS, INC. A DELAWARE CORPORATION O.R. 1550, PG. 1364 �n 00 O O r 0 r r O O U) 130. 140 WALNUT FARMS, CORORATION A DELAWARE PG 1364 O R. 1550, rn Description: Th N th I 362 98 f t f T t 117 d 4. L, N co O r CA r O O V) 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. e or ery ee o rac , an e Northerly 89.06 feet together with the Southerly 10.00 feet of the Northerly 99.06 feet of the Easterly 130.37 feet, of Tract 140, Golden Gate DAVID J. HY ,� , P.S. . FOR THE FIRM) Estates, Unit 20, as Recorded in Plat Book 7, Page FLA. LIC. N , 5834 80, of the Public Records of Collier County, Florida. NOT VALID WITHO THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA Containing 3.459 acres, more or less. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON Sc ASSOCIATES INC. = ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W. 0. N0. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OOO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH IR— L -166B 0110 J r rn I rn 0 0 Description: FEE SIMPLE INTEREST PARCEL # 167A IMMOKALEE ROAD _ S.R. 846 N 86'50' 45" E 330.61' /6' UTILIT�ASEM 163 P PR 101 DANIEL J. ANDERSEN ALICE K. ANDERSEN O.R. 953, PG. 1062 00 co rn rn 0 0 M EXHIBIT A\ ftw ` of '�-;_ 661!%�6 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is plat. 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. The Northerly 362.98 feet of Tract 101, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page ` 80, of the Public Records of Collier County, Florida. Containing 2.754 acres, more or less. DAVID J. HYA P.S.M. OR THE FIRM) FLA. LIC. N0. 834 NOT VALID WITHOUT 4E SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W.O. NO. DRAWN BY I FILE NAME AS NOTED GGE 20 0014.1 EAW I 00- 018- 000.DWG DATE SHEET FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 1 DJH I IR— L -167A Ii It) IV/ 0 J FEE SIMPLE INTEREST PARCEL # 167B 0 rn rn w 0 m 7" O O i IMMOKALEE ROAD S.R. 846 ~ E 350.64' U �E. EL 167B rn 141 MARY E. IANNETTA O.R. 22261 PG. 0398 N 89'40'50" W 350.00' DESCRIPTION: The Northerly 99.06 feet, together with the Southerly 10.00 feet, of the Northerly 109.06 feet, of the Easterly 133.14 feet of Tract 141 of Golden Gate Estates Unit 20 as recorded in Plat Book 7 at Page 79 of the Public Records of Collier County, Florida. Containing 0.828 acres more or less. SCALE EXHIBIT _k pegs 12—of N 0 Q M AF o 50 100 200 > z O.R w J Lil 0 M z 0 o I C o J_ O I O --I 50.00' N_ r7 F, Li O Notes: o 0 z 1. This is not a survey. 2. Basis of bearing is plat. I 3. Subject to easements, reservations and restrictions of record. 4. All dimensions are plat unless otherwise noted. I AVID J. HYATT S. THE FIRM) FLA. LIC. NO. 4 NOT VALID WI OUT SIGNATURE AND I THE ORIGINAL RAISE SEAL OF A FLORID) i LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON 8c VIRASSOCIAT INC. W ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 /SUB W.O. N0. I DRAWN BY FILE NAME AS NOTED I GGE 20 0014.1 1 EAW I 00- 018— OOO.DWG DATE SHEET FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 1 DJH I IR —L -1678 it lot Inl J FEE SIMPLE INTEREST PARCEL # 168A IMMOKALEE ROAD -- S.R. 846 N 86'50'45" E 330.61' .Tii i-rV FAST .. 00 rn I o_ 0 0 ;VA Description: ENT 116 ARMAN DOO M ARMAN ORENO, JR. MANUE32MPGEN46 O.R. 9 6 EXHUNT-L. A 66?!%ii6 0 50 100 150 Notes: 000 1. This is not a survey. rn 2. Basis of bearing is plat. 3 3. Subject to easements, 0 reservations and restrictions of 0) record. b 4. All dimensions are plat unless 0 otherwise noted. V) The Northerly 362.98 feet of Tract 116, Golden Gate Estates, Unit 20, as Recorded in Plat Book 7, Page F 80, of the Public Records of Collier County, Florida. Containing 2.754 acres, more or less. DAVID J. HY (FOR THE FIRM) FLA. LIC. N . 5PUT NOT VALID WITH THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISoN & ASSOCIATES INC. 0 ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643 -2404 FAX NO. (941) 643 -5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC /SUB W.O. NO. DRAWN BY FILE NAME AS NOTED GGE 20 0014.1 EAW 00- 018— OOO.DWG DATE SHEET FB PG I CHECKED BYI DWG. NO. 10/01 1 OF 1 1 DJH I IR— L -168A it Icl Ic I 15B 714 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16A 2 MEMORANDUM Date: March 28, 2002 To: Doug Suitor, Sr. Environmental Specialist Natural Resources Department From: Ellie Hoffman, Deputy Clerk Minutes & Records Department Re: Amendment to Grant Agreement from the Florida Fish And Wildlife Conservation Commission For Derelict Vessel Removal to Increase the Amount Awarded by $35,000 Enclosed please find three (3) original documents as referenced above(Agenda Item 416A2), approved by the Board of County Commissioners on March 26, 2002. Kindly forward the amendments to Florida Fish and Wildlife for the required signature, and return one fully executed original to the Minutes and Records Department. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures (3) FWC Agreement No. 01014 AMENDMENT TO AGREEMENT 16A 2 THIS AMENDMENT TO AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ( "COMMISSION "), and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ( "GRANTEE "), and amends that Agreement entered into between the COMMISSION and the GRANTEE dated December 7, 2001, and hereinafter referred to as the "ORIGINAL AGREEMENT'. In consideration of the mutual covenants and conditions set forth herein and in the ORIGINAL AGREEMENT, the parties agree to amend the ORIGINAL AGREEMENT as follows, which amendments shall govern to the exclusion of any provision of the ORIGINAL AGREEMENT to the contrary: Paragraph 3.a. is hereby revised to increase the cost reimbursement not -to- exceed amount from $11,000.00 to $46,000.00, an increase of $35,000.00. 2. Attachment B, Exhibit 1, is hereby revised to increase the amount of the grant from from $11,000.00 to $46,000.00. 3. All references in the original agreement to section 216.3491, F.S. are hereby replaced by section 215.97, F.S. All provisions of the ORIGINAL AGREEMENT not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on the date and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONf RS Chairrtfan er- Designee ; ,A4. /6X" James N. Ccietta Date Approved as to torn & "gal Asiddant County Attoney }Afflm • 0`1 IL ' _Attest r&S,L 5o s i•omtw* so s r FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Colonel Robert L. Edwards Director, Division of Law Enforcement Date Approved as to form and legality: 4RA&ttorney 1 - - ;� PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: Permit No. CP- 2002 -07 16A 4 WHEREAS, Peg Ruby, Special Events Coordinaotr, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a Carnival Exhibition; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a County Jamboree Carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such Carnival Exhibition will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Peg Ruby, Special Events Coordinator, Collier County Parks and Recereation Department, to conduct a Carnival Exhibition from April 12th through April 13, 2002, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A ") WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this07G%�L day of 2002. ATTEST: DWIGHT E. BROCK, Clerk AAA A !:MEMO& N firm s �= prove. Form and Marjori M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: '40 - 'e� k/- .40 /, 9 ow- 0% 0 JAME N. COLETTA, CHAIRMAN • PSge 1 of 2 e 16A 4' A DESCRIPTION OF LANDS COUNTY UTILITY EASEMENT TRACT S- FOR 4, THE VINEYARDS UNIT 3 0 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE VINEYARDS RECORDED IN PLAT BOOK 16, PAGES 2 -5 UNIT 3, AS COLLIER COUNTY, FLORIDA, LYING 7.50 FEET NEE THER CS CORDS OF FOLLOWING DESCRIBED CENTERLINEt SIDE OF THE COMMENCING AT THE NORTHWEST CORNER OF SECTION 5 RANGE 26 EAST, COLLIER COUNTY, FLORIDA ' TOWNSHIP 49 SOUTH, ON THE SOUTH RIGHT- OF -WAy LINE OF VANDERBILT BEACH ROAD ALONG SAID RIGHT -OF -WAY LINE SOUTH SAID CORNER BEING A POINT _ 83.53 FEET TO THE 89 55 24�� EAST f THENCE POINT OF AFG TUUT��., , A DISTANCE OF A DISTANCE OF 2274.11 FEET; THENCE SOUTH 22-51'1211 OUTH 01' 28 1 000 OF 27.42 FEET; THENCE SOUTH 01.281001, EAST EAST, FEET; THENCE SOUTH 20-1815811 WEST EAST, A DISTANCE OF STANCE 1� , A DISTANCE OF 26 70.70 SOUTH 0102810011 EAST, A DISTANCE OF 318.95 •94 FEET= THENCE BOUNDARY OF TRACT S -4 AND THE END OF THE CENTERLINE; TO THE SOUTH SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIO N g OF RECORD 2049\TRS4U3 ; m MAR -01 -2002 12 =39 jW .1 ZA-- COLLIER COUN'T'Y GOVERNMENT DIVISION UTu LI I PARKS AND RECREATION DEPARTMENT March 1, 2002 Cecelia Martin Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Martin: 1 9141 353 1002 P.02!02 16A 4 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353 -0404 FAX: (941) 353 -1002 Website: colhergov.net Collier County Parks and Recreation Department will be holding the 4th annual County lam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Ala S ��y will be 2 00 - 2002. Friday hours of operation will be from 10:00 pm. SAE Amusements exceeds the one million dollar insurance policy and has named The Board of Collier County Commissioners as additional insured. We are requesting waivers of the Carnival Fee, Surety Bond and Occupations) License for this event. If you have any questions please contact me at (941)353 -0404 Sincerely, Peg Ruby, Special Events Coordinator Collier County Parks and Recreation TOTAL P.02 NOU -06 -2001 08:22 1 9141 353 1002 P.03i12 16A 4 ADDRESSING CHECIUUS?' ems will apply to please complete the following and submit to the Addressing Section for Review. Not all it every project Items in bold type are required. 1. Legal description of subject p� rop or properties (copy of lengthy description may be attached 2, Folio (property ID) n 0 4. 5. 6. (attach to, or associate with, legal description if more than one) Street as a address or addresses (+f�ae l �111 rd) iocati�n map, showing exact location UNPLATTED PROPERTIESest public road right-of-way (attach) Copy of Survey (NEEDED ONLY FOR Proposed project nWc (t( C le) „� 7. Proposed Street names (if applic e) 8. Site Development Plan Number (FOR EXISTING PROJECTS /SIM ONLY) SDP - 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) [] SDP (Site Development Plan} ❑ � PPL (Plans & Plat Review) pgp (Preliminary Subdivision Plat) El ❑ SDPA (SDP Amendment) SDPI (SDP Insubstantial Change) F] (Final Plat) FP (FLLA n SIP (Site Improvement Plan) ❑ � (Lot Line Adjustment) B L (Blasting Permit) C] [] SIPA (SIP Amendment) SNR (Street Name Change) ❑ ROW (Right-of-Way Permit) ❑ vegetation/Exotic (Veg. Removal Permits) Use Petition (Variance, Conditional Use, El ❑ EXp (Excavation Permit) VRSFP (Veg. Removal & Site Fill Permit) ❑ Land Boat Dock Ext., Rezone, P D y ,�C.� r �4 ❑ Other - Describe: (( �� L lo. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 1 I. Please Check One: 0 Chec An 12. Applicant Name 13. Signature on Addressing ckli further review by the Addressing FOR STAFF U,l: uni.s Primary Number Address Number Address Number Address Number Revised 3 -21 -01 t i to be Faxed Back U Personauy ieicxea up -100 a Phone 5 QgOL � Fax st [f66J not constitute Project and/or Street Name approval and is subject to Approved by Date Zoning Director 16A T NOTE: Please read reverse side before Copy: Z g completing this Petition. Copy: Petitioner Copy: (4) County Administrator ,- 1,1 1 1i., CARNIVAL OPERATION PETITION PETITION NO. C- DATE: PETITIONER'S NAME:_ - PETITIONER'S ADDRESS:_ PROPERTY OWNER'S NAME: r ELEPHONE! �� AbnW PROPERTY OWNER'S ADDRESS: 3 yria LEGAL DESCRITPION OF SUBJECT PROPERTY:--00 T"' y oa- - 2� GENERAL LOCATION: s n� r CURRENT ZONING: POD NATURE OF PETITION: l Q i� y" THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.a. X 3.b. 3.c. 3.d. 3.e.1) 3.e.2) 3.e.3) Comments: 3.e.4) x 3.e.5) X 3.e.6) X SIGNATURLYOF PET ONER DATE REVIEWED by Board of County Commissioners: Approved: ❑ Disapproved: ❑ Conditions of Approval: 3.e.7) 3.e.8) 3.e.9) SIGNATURE OF COUNTY ADMINISTRATOR 2- 21 -02; 9 :23AM ;PATROL DIVISION 16A 4 �ritf ° "' ". SHERIFF DON HUNTER • COLLIER COUNTY 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 ( 941) 774.4434 www.colliersherif.org February 20, 2002 Cecelia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Martin: The 4"1 Annual Country Jam will be held at Vine ards Community Park, 6231 . Arbor Blvd. Naples, Florida on April 121' and 131 , 2002. The Collier County Sheriffs Office will be on site before, during and after operation hours of this festival, providing traffic control and security. If you have any question I can be reached at (941) 530 -9715. Sincerely, l 't 9u100,•t- " �_ 1St Sergeant Mike Jones Patrol Division "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons."��� NLA* North Naples Fire C ontrol & Rescue D11sirlc� 1780 Immokalee Road • Naples, Florida 34110 (941) 597 -3222 • Fax (941) 597 -7082 �Fe �v February 27, 2002 C Collier County Planning Department Ms. Susan Murray 2800 South Horseshoe Dr. Naples, FL 34104 Dear Susan, I am in receipt of the preliminary paper work and aware of the 4th Annual Country Jam Event which will be held on April 12 — 13, 2002 @ the Vineyards Community Park located @ 6231 Arbor Blvd. Naples, FL. The North Naples Fire Control & Rescue District will be on site to inspect all aspects of fire safety prior to the scheduled operation of the festival. If you have any questions, please do not hesitate to contact me @ (941) 597 -9227. Sincerely, 10�z " Karl K. Reynolds, ire Marshal North Naples Fire Control & Rescue District cc: Peg Ruby, Marketing/Special Events Coordinator Collier County Parks & Recreation KKR/dw � 16A 4 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Name of Booth: Person in Charl 'I' —ac of Fnnd or Beveraee to be Served: Florida Administrative Code, Chapter lull -is requires au iuuu Lu —,__- __.,_.. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: How will food be transported to event location? N� n Method of keeping food hot and/or cold at event site: Aifi Method of cooking food at the Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure:- �1rSSli t Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? \II�Q Sh n ( n 41 -+mI �C For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403 -2499 1� A Failure to comply with applicable food service requirements in accordance with Chapter IOD -13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES J� NO ❑ I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D -13. Date• '� Signature of Applican CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS � 16A 4 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: j J bd Address of Event: / Hours of Operation: Date(s) of Event: I (3 �, 2 _ �� rn Sponsor of Event: r f f �� X31 � 0 Address of Sponsor: �^I^ 1 Person in Charge of Food Service: C01QQ rO V e' Phone: `I t`v o Number of Food and Beverage Booths: Estimated number of attenders expected at the event at one time? �a Number of toilets to be provided: Portable: Male ($ ) Female( Permanent: Male (3) Female (3) ^ A L Method of toilet waste disposal: Describe method of liquid kitchen waste Describe containers and method of solid waste disposal ((garbage): n, . ,m nGfn A n , 1� i'). �rC. 1 f hn -C .Q Number of solid waste disposal containers provided: k Describe facilities and method of handwashing:-5� Describe facilities and method of utensil wa hing, rinsing and sanitizing: For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403 -2499 16A 4 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YES P NO ❑ I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D -13. Date: �U Signature o onsor's nt CARNIVAL PETITION APPLICATION/ SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS st st IV; -a& i t0 0- 16A 4 Collier County Parks &Recreation Presents ti Pa ReYem cofion Gator Country _ Z� 101091 1 Southwest Florida's •20' in a Row Station Ticket Information Children 10 and Under Free $15 Advance One -Day Tickets $20 Advance Two-Day Tickets (Good for the entire event) Vineyards Community Park 6231 Arbor Blvd, Naples, FL April 12 -13, 2002 (941) 353 -0404 www.count_Mamngples.com Friday Gates Open at 5:00 PM Saturday Gates Open at 2:00 PM Entertainment Carnival Rides & Games (Friday - $10.00 Armband) Petting Zoo • Pony Rides Rock Wall • Mechanical Bull Food 0 Arts & Crafts Advance Tickets go on sale Friday March 15 at Collier County Community Parks Gator Country 101.9 in Ft. Myers (4210 Metro Pkwy) ? ? ? ? ?? ??Ticket Location ? ? ? ? ? ?? ? ? ? ? ?? ??Ticket Location ? ? ? ? ? ?? Or by phone at (866)278 -3440 $ 15 Daily at the Gate Ample Free Parking Available On Site No Coolers or Alcohol Permitted Bring Your Blankets & Lawn Chairs 16A 5 RESOLUTION NO. 02- 14 6 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN L'ERMITAGE AT GREY OAKS, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 12, 1998 approved the plat of L'ermitage at Grey Oaks for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17); and WHEREAS, the Developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in L'ermitage at Grey Oaks, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the sewer improvements. The roadway improvements will be maintained by the Grey Oaks Homeowners Association; the potable water improvements will be maintained by the City of Naples. This Resolution adopted after motion, second and majority vote favoring same. DATE: A00-L ATTEST: . DWIGHT E, BROCK, CLERK to :'tfia irk Approved as to form and legal Qaw�4__ Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUN Y, FLO A By: JAMES N. COLETTA , CHAIRMAN 64'.A6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION MAINTENANCE AC#REEMENT Ff"R Sit JRTIIVJSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT entered into this �;1L: t day of s /'' 4�!f. .-,1AOcbetween Strada Bella Development, LLC, hereinafter referred to as "Developer," and the Board 0 county Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: I . 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: Strada Bella. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the Required Improvements within 12 months from the date of approval of said subdivision plat, said improvements (water, sewer, drainage and roadway) hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $15,048.40 which represents 10% of the total contract cost to complete construction plus $21,180.00 which represents 100% of the estimated costs to complete the required improvements at the dated of this agreement for a total of $36,228.40. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliancewith the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. IN WITNESS WHEREOF, the 1394rA and the Developer hgve ,cansed this Agreement to be executed by their duly authorized representatives this ?!.f4 _ day of yyr h .4Qak W^itnfe�ssees to William R. Smith �d C.� "'--4 rl�2&11-jlb Jen r k r 0S-00 to William R. Smith ATTEST: DWIGHT,'P.:BAOC;K, , Approved as to L R PAMik"A' rVw- �gal'sufficiency: n -�c°�}; � d 7� - Co fity Attorne j.'qa PA-'-Tz&� (�.T - wk� +P" Strada Bella Development LLC Developer By: _ yL "iV'l� William R. Smith, Manager By. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman ---Tzm k.nni IRREVOCABLE STANDBY 6 LETTER OF CREDIT NO. 947740 16A ISSUER: Taylor County Bank 201 Lebanon Ave Campbellsville, KY 42718 PLACE AND DATE OF ISSUE: 201 Lebanon Ave., Campbellsville, KY. 42718 October 31, 2003 PLACE OF EXPIRY: * * * * * * * * * ** Federal Express Service or UPS Express Service delivered to: Taylor County Bank C/O Loan Department 201 Lebanon Ave. Campbellsville, KY 42718 DATE OF EXPIRY: This Credit shall be valid until 3:00 PM Eastern Time on October 15, 2004 , and shall thereafter be automatically renewed for successive one -year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the issuer notifies the Beneficiary in writing by registered mail that the issuer elects not to so renew this Credit. APPLICANT: Strada Bella Development, LLC P.O. Box 1155 Campbellsville, KY 42719 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter `Beneficiary" Collier County Courthouse Complex, Naples, Florida, 34112. AMOUNT: $36,228.40, up to an aggregate thereof in US dollars. CREDIT AVAILABLE WITH: Taylor County Bank BY: Payment against documents detailed herein and Beneficiary's drafts via Federal Express or UPS Express service drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) VIA FEDERAL EXPRESS OR UPS EXPRESS SERVICE DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: Strada Bella Development, LLC has failed to construct and/or maintain the 10% of all improvements, 100% landscape & irrigation, and 100% second lift of asphalt as described in the Landy Engineering, Inc. November 12, 2002 letter to the Collier County Community Development, as pertains to 16A6 the Strada Bella Development, LLC plat, or a final inspection satisfactory to Collier County, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary ". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Taylor County Bank Irrevocable Letter of Credit No. 947740 dated October 31, 2003." The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits 1993 International Chamber of Commerce Publication No. 500. THIS CORRECTED IRREVOCABLE LETTER OF CREDIT IS ISSUED TO REPLACE THE ORIGINAL LETTER DATED OCTOBER 15, 2003. IN ANY CASE, THE AGGREGATE TOTAL FOR STRADA BELLA DEVELOPMENT, LLC. IN FAVOR OF BOARD OF COMMISSIONERS, COLLIER COUNTY, FLORIDA IS $36,228.40. TAYLOR COUNTY BANK BY: C. Ronald Wise, Executive Vice President 10/29;2003 23:03 4359082 PMS,INC OF NAPLES PAGE 02 FROM : ALD PHONE N0. : 4301664 Nov. 26 2002 03 :49PM P1 LANDY ENGINEERING fNC. 16A6 a November 12, 2002 Mr. John Houldsworth Collier County Community Development 2800 South Horseshoe Drive Naples, FL 34104 Fax ##643 -6968 Re: STR.AIDA FELLA Olde Cypress PUD Final Plat Dear John: Attached please find the "Engineer's Estimate of Probable Costs' for the subdivision improvements at the above referenced project. Based on our recent site inspection, there are still outstanding items which will have to be bonded for plat recording purposes. We feel the required bond will be S36 28A based on the following. 1011/0 of all improvements $15,048,40 * 1000/9 landscape & irrigation 515,000100 * 100% second ' o£ alpha t S 6.180.00 TOTAL $36,228.40 Please have Daryl Hughes make an inspection of the site and confirm our estimate of the improvements to be co=pleteci If you have any questions, please call rite. LANDY ENGINEERING, INC, Mike Laudy PoxW Fax tutee 7671 0 jl ev ' v I co�vc ,h 00. P h019e P P A 2780 SOUTH HORSESHOE DRIVE — SUITE 6 NAPLP.S, FLOWDA 34104 TELEPHONE (941) 261 •8999 FAX (941) 430. 16s4 16A6 j 201 Lebanon Avenue , Phone (270) 465.4196 P.O. Box 200 Fax (270) 465.5369 Campbellsville, KY 42719-0200 www.taylorcountybank.com Member FDIC rAn Equal Opportunity Lender AUTHORIZATION o� ca c C o -r; r CD L7 C:) - I, Henry Lee, the undersigned, am the Secretary to the Board of Directors of Taylor County Bank, Campbellsville, Kentucky, and do attest to the following. C. Ronald Wise is the Executive Vice President of Taylor County Bank, and is authorized to execute Letters of Credit on behalf of Taylor County Bank, in any amount, and a record of his authority is duly noted in the official minute book of the Corporation. Dated this 31 St day of October, 2003. Corporate Seal Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Linda C. Brinkman Edmond E. Koester Craig D. Grider Gregory L. Urbancic Matthew L. Grabinski GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT I.AW Northern Trust Bank Building 4001 Tamiami Trail North Naples, F134103 (239) 435 -3535 (239) 435 -1218 Facsimile November 4, 2003 Mr. John Houldsworth Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Strada Bella Development, LLC Letter of Credit Dear John: Writer's e-mail: mgrabinski6 gcjlaw.com VIA HAND DELIVERY I enclose an original authorization letter, to accompany the Letter of Credit being furnished to Collier County in conjunction with the platting for Strada Bella. If you have any questions, please call me. With kindest regards, Very truly yours, Matthew L. Grabinski MLG /nsc Enclosure 16A7 KII&I'Valpal uggland F."I lag meglam W.1" tulam logo a 8013 "'Will .9-11 ky R3 Veles la lo "Tong wo I 04C THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this .7 day of 20oi—between Kenco Development, Inc., A Florida Corporation, hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." 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 INDIGO LAKES — UNIT FIVE: B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required subdivision improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed roadway, drainage, water, and sewerage subdivision infrastructure improvements within 12 months from the date of approval of said subdivision plat, said infrastructure improvements hereinafter referred to as the Required Improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A ") and by reference made apart ofhereofin the amount of Nineteen Thousand Eight Hundred and Fourteen Dollars and 00/100 Cents ($19,814.00) which represents 10% of the total contract cost of the Required Improvements plus Six Thousand Three Hundred and Forty -Four Dollars and 00/100 Cents ($6,344.00) which represents 100% of the estimated costs to complete the Required Improvements at the date of this Agreement for a total of Twenty -Six Thousand One Hundred and Fifty -Eight Dollars and 00/100 Cents ($26,158.00). 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the Required Improvements. 4. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one -year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Construction & Maintenance Agreement Page I of 2 Indigo Lakes — Unit Five S. VOBSI 13xxV328)Documetr& Unit 5 Five'J328- U5- Col -Const & Mairrt Agree3aloc 16A7 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer °— may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants, and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness L /Al c7,04 ST�7.tJ/�•CT (Print Name) Wi sss /C • �? • GGhZ4 �L (Print Name) ` Xpproved as to form and legal sufficiency: David C. Weigel YgA� W & m �' 7� County Attorney Construction & Maintenance Agreement Indigo Lakes — Unit Five KENCO DEVELOPMENT, INC. JAN 18 2002 By: Kenneth P. S ndry, Jr., Vi President ATTEST DWIGHT E. 5R �3, LERK De ty cie�rk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY LORID By: (Print Name) Page 2 of 2 S:'JOBSV3xx 13381Documentsl Unir 5 Five11338 -U5- Col -Const & Maint Agree3.doc PON,s VOCABLE STANDBY LETTER OF CREDIT NUMBER SM420088C 6 A 7 | LETTER OF CREDIT AMOUNT | ISSUE DATE } EXPIRY DATE / !_______-___-______-________________________________________________________ � | USD26,158.00 | 02/22/02 | 02/15y03 1 / =========================================================================== ,BENEFICIARY: APPLICANT: !THE BOARD OF COUNTY COMMISSIONERS, k<ENCO DEVELOPMENT, INC. i COLLIER COUNTY, FLORIDA A FLORIDA CORPORATION ' :ATTN: MR. JOHN HOULDSWORTH 8610 PE8BLE8ROOHE DRIVE :DEVELOPMENT REVIEW SERVICES MAPLES, FL 34119 28eO HORSESHOE DRIVE, NORTH �NAPLES, FL 34104 ' ISSUER: FIRST UNION NATIONAL BANK (HEREINAFTER "ISSUER"). ° .PLACE OF ISSUE: B739 RESEARCH DRIVE, URP4, CHARLOTTE, NC 28262-0742, ATTN: STANDBY LETTER OF CREDIT DEPARTMENT. ,DATE OF ISSUE: FEBRUARY 22^ 2002. PLACE OF EXPIRY: OUR COUNTERS AT 8739 RESEARCH DRIVE, URP4, CHARLOTTE, NC 2B262-O74�. DATE OF EXPIRY: THE CREDIT SHALL BE VALID UNTIL FEBRUARY 15, 2003, AND SHALL .THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE (1) YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY ,ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL OR OVERNIGHT COURIER THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. �ppLICANT: KENCO DEVELOPMENT, INC., A FLORIDA CORPORATION (HEREINAFTER "APPLICANT"), 8610 PE8BLE8ROORE DRIVE, NAPLES, FL 34119. ~`^ '3ENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") ATTN: MR. JOHN HOULDSWORTH, DEVELOPMENT REVIEW SERVICES, 2800 HORSESHOE DRIVE, NORTH, NAPLES, FL 34104. 'AMOUNT: TWENTY SIX THOUSAND ONE HUNDRED FIFTY EIGHT DOLLARS AND 00/100 CENTS �$26, 158. OO)(U. S. ) UP TO AN AGGREGATE THEREOF. .CREDIT AVAILABLE WITH: ISSUER. 8Y: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE LSSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "KENCO DEVELOPMENT, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERATIN PLAT OF A SUBDIVISION KNOWN AS INDIGO LAKES - UNIT FIVE OR A FINAL INSPECTION TATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." COINTINUED ON NEXT PAGE WHICH FORMS AN INTEGRAL PART OF THIS LETTER OF CREDIT i IV RREVOCABLE STANDBY LETTER OF CREDIT NO. SM420083C PAGE N0, 2 16 A-7 - 02/22/02 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER FIRST UNION NATIONAL BANK LETTER OF CREDIT NO. SM420088C DATED FEBRUARY 22, 2002." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFEREh10ED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT UR AGREEMENT. WE HEREBY ENGAGE WITH THE BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDI'T'Y OF THIS CREDIT. DOCUMENTS MAY BE PRESENTED AT EITHER OF OUR FOLLOWING LOCATIONS: INTERNATIONAL DIVISION - OR -- INTERNATIONAL IIVISION 673? RESEARCH DRIVE, URP -4 200 S. B I SCAYNE BOULEVARD, 18TH FLOOR CHARLOTTE, NC 28262 MIAMI, FL 33131 EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER. OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. SINCERELY, FIRST UNION NATIONAL BY LUISA CIARDI INTERNATIONAL OFFICER MTW K 0312 '6!2002 21:43 9419392523 BANKS ENGINEERING PAGE 02'03 S -Whil FIVE 16A7 ENGINEER'S OPINION OF PROBABLE COST 8 CALCULATION OF REQUIRED SURETY AMOUNT January 2002 1. Probable Total Cost of Required Subdivision Improvements ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST PAVING IMPROVEMENTS Type B Stabilization (12 ") 4,850 SY $ 1.50 $ 7,275.00 Limerpck Base (6"} 3,782 SY $ 3.75 $ 14,182.50 Type 5 -III A,C -, 314" Litt 7,564 SY $ 1.45 $ 10,967.80 Valley Gutter (2) 3,019 ILF $ 3.75 $ 11,546.25 Type "A" Club 48 LF $ 7.65 $ 367.20 Concrete Sidewalk 11881 SY $ 8.25 $ 15,518.25 Striping and Signage 1 LS $ 500.00 $ 500.00 Sod edge strip 344 SY $ 1.00 $ 344.00 Temporary cul -de -sac 1 LS $ 2,500.00 $ 2,500.00 SUBTOTAL 3 63,201.00 DRAINAGE IMPROVEMENTS 18` Cone. Pipe Culvert 341 LF $ 23,00 S 7,843.00 24" Cone. Pipe Culvert 682 LF $ 32.00 $ 21,184.00 Type "C -Mod_' Ditch Bottom Inlet 3 EA $ 980.00 $ 2,940.00 Type "P" Valley Gutter Inlet, 0"- e' Deep 6 EA $ 1,225.00 $ 7,350.00 18" Flared End 1 EA $ 630.00 $ 630.00 24- Flared End 2 EA $ 780.00 $ 1,560.00 SUBTOTAL $ 41,507.00 WATER SYSTEM IMPROVEMENTS 6- PVC C -9D0, DR 18. Water Main 1,555 LF S 10.40 $ 16,172.00 6" PVC C -901), DR 14, Water Main 28 LF S 11,70 $ 327.60 Fire Hydrant Assembly 3 EA S1,920.00 $ 5,760.00 Temporary Flushing Fire Hydrant Assembly 1 EA $ 1,920.00 $ 1,920.00 3- Water Service Casing 26 EA $ 200.00 $ 5,200.00 Permanent Sample Point 1 EA S 840,00 $ 840.00 SUBTOTAL. $ 30,219.80 SANITARY SEWER IMPROVEMENTS 6" PVC SDR26, Sanitary Sewer, 0'- 6' Cut 805 LF $ 17,00 $ 13,585.00 8" PVC SDR26, Sanitary Sewer, 6'- 8' Cut 299 LF $ 22.00 $ 6,578,00 8" PVC SDR26, Sanitary Sewer, 8'- 10' Cut 245 LF $ 27.00 $ 6,615.00 6' PVC Service, Single 10 EA $ 356.00 $ 3,560,00 6- PVC Service, Double 14 EA S 372.00 $ 5,208.00 Sanitary Sewer Manhole, 0'- 6' Cut 3 EA $ 1,380.00 $ 4,140.00 Sanitary Sewer Manhole, 6'- 8' Cut 2 EA $ 1,670.00 $ 3.340.00 Sanitary Sewer Manhole, 8' - 10' Cut 1 EA $ 1,990.00 $ 1,990,00 SUBTOTAL S 45,116.00 MISCELLANEOUS IMPROVEMENTS Gearing and Grubbing 11.2 AC $ 100.00 S 1,120.00 Excavation and Site Fill 2,800 CY $ 1.60 $ 4,480.00 Seed and Mulch. Roadways 1 LS $ 500.00 $ 500.00 Permanent Control Points 5 EA $ 100.00 $ 500.00 Street Lights 6 EA $ 1,500.00 $ 9,000,00 Buffer landscaping 1 LS $ 2,500.00 $ 2,500.00 SUBTOTAL $ 18,100.00 TOTAL Probable Costs of Subdivision Improvements $ 190,143.60 Page i ofz V0bS11 JuU3281Dorument31Unir Fio'clli78- 4- OpinojPrObCass- Rc�o3.,rl� 03;'25/2002 21:43 9419392523 BANKS ENGINEERING PAGE 03/03 INDIGO LAKES - U I FIVE � ENGINEER'S OPINION OF PROBABLE COST & CALCULATION OF REQUIRED SURETY AMOUNT January 2002 Probable Cost of Remaining Subdivision Improvements ITEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST PAVING IMPROVEMENTS Striping and Signage t LS $ 500.00 $ 500.00 Sad edge strip 344 Sy $ 1.00 $ 344,00 Temporary cul-de -sac 1 LS $ 2,500,00 $ 2,500.00 SUBTOTAL $ 3,340,00 MISCELLANEOUS IMPROVEMENTS Seed and Mulch, Roadways Buffer landscaping SUBTOTAL 7 LS $ 500.00 $ 500,00 i LS $ 2,500,00 $ 2,500,00 $ 3,000.00 TOTAL Probable Costs of Remaining Subdivision Improvements $ 6,344.00 III. Calculation of Required Surety 10% Of Total Probable Cost Of Subdivision Improvements $ 19.814 100% Of Probable Cost Of Remaining Subdivision Improvements $ 6,344 REQUIRED SURETY AMOUNT $ 26,158 Prepared by; BAN77- 7�_� R, , zalel P.E_# 14629 Engineering Director Page 2of2 / -/p -O Date VobsllJa.s�rs2e�DeK...,oe�,rtV ri. �ye�rJia- �� -0yrHOjRobGew- Rcv003�1: 16A10 RESOLUTION NO. 02- 14 7 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN ISLAND WALK PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE ISLAND WALK HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 23, 1999 approved the plat of Island Walk Phase Two for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Island Walk 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 the roadway, drainage, water and sewer improvements that are not required to be maintained by the Island Walk Homeowners Association. This Resolution adopted after motion, second and majority vote favoring same. DATE: AAA."A e" A00.a.- A TTE�T: DWIGHT E. BROCK, CLERK A41 Approved as to form and legal ciency: Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J S N. COLETTA, CH IRMAN 16A13 AGREEMENT BETWEEN COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY CLERK OF COURTS TO PROVIDE ADMINISTRATIVE SERVICES THIS AGREEMENT is made and entered by and between COLLIER COUNTY CLERK OF COURTS (hereinafter referred to as the "Clerk "), whose mailing address is 3301 Tamiami Trail East, Courthouse Building, 6`" Floor, Naples, FL 34112, the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS a political subdivision of the state of Florida (hereinafter referred to as 'BCC ") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA "), a legal entity authorized by Part III, Chapter 163, Florida Statues and established by the Collier County Board of County Commissioners, whose mailing address is 2800 North Horseshoe Drive, Naples, Florida 34104. WITNESSETH: WHEREAS, the CRA has adopted bylaws pursuant to CRA Resolution 2001 -98 for the Agency that establish membership, duties and responsibilities; and WHEREAS, the bylaws contemplated that secretarial duties such as record keeping, recording of minutes, providing meeting notices, and attesting contracts and other CRA documents would be performed by the Clerk; and WHEREAS, the CRA requests that the Clerk perform such duties which are similar in nature to those already performed on a regular basis for the Collier County Board of County Commissioners; and WHEREAS, the adopted bylaws indicate that the duties of the Secretary will be defined in a written agreement with the Clerk; and WHEREAS, the Clerk recognizes the benefit to CRA and desires to provide said services to the CRA for compensation for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the services to be provided by the Clerk mirror those already provided to and paid for by the BCC and the majority of the services needed by the CRA will be needed during the normal course of operations of the BCC. 1 16p13 NOW, THEREFORE, in consideration of these provisions, it is agreed by and between the parties as follows: 1. The CRA shall pay the Clerk for the following services provided on an as needed basis by the Clerk to the CRA: (a) keeping the minutes of the proceedings of the meetings of the CRA, (b) providing all notices in accordance with the provisions of the CRA bylaws or as required by law, (c) posting or causing to be posted all meeting notices as required by County procedures and notify members, (d) maintaining custody of the CRA records, (e) attesting contracts and other CRA documents, (f) providing all financial functions that the Clerk currently provides to the BCC, and (g) investing the CRA's funds in accordance with Florida Law. 2. All costs incurred by the Clerk for secretarial services provided to the CRA will be paid through the same payment and accounting processes agreed upon between the BCC and the Clerk. If special meetings of the CRA are held, costs of services, including payment for court reporting will be the same as those already provided for in the agreement between the Clerk and the court reporting company under contract with the Clerk for such services. 3. Through its annual budgetary process, the BCC agrees to budget for and pay for the costs incurred by the CRA, and the Clerk as a result of the above listed services. 4. The CRA will follow all purchasing and personnel policies of the BCC, and will only vary from these policies if and when the provisions of this Agreement are amended, after mutual agreement of all parties to reflect such change. 5. This Agreement will be in effect from the effective date until terminated by either party upon thirty (30) days written notice. This Agreement may be amended from time to time by the parties as needed. 6. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. E DATED: 4o -eA- .34,100. — DIIT >`E; °BZOCK, CLERK ell +4 / Att", sign, Witness (Signature) D / Na me: y A /�z/ // (Print) ATTEST DWIGHT E. BROCK, CLERK Attu, to: Ow i run - S a.i gnstwo, - #i I v- Approved as to Form and Legal Sufficiency: MarjoriA4. Student Assistant County Attorney 16A13 COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: / 40.�� C J'0�44 DONWA FIALA, INTERIM CHAIRMAN COLLIER COUNTY CLERK OF COURTS OF COLLIER COUNTY, FLORIDA BY: ��- \A I 4'e XA-150 WIG E. NAOIN7, CLERK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: 4.ea JAWS N. COLETTA, CI-TAIRMAN J�2G�o.2-) 16A15 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16A17 Interlocal Agreement Between Collier County and The District School Board of Collier County for Review and Inspection Services for District Construction Projects THIS AGREEMENT is made thisa&g& day of , 2002 by and between the Board of County Commissioners of Collier County, a politic I subdivision of the State of Florida, hereinafter referred to as the "County," and The District School Board of Collier County, a public agency of the State of Florida, hereinafter referred to as the "District," collectively, the "Parties." RECITALS WHEREAS, Sections 235.017, and 553.80 (6), Florida Statutes and Florida Building Code (FBC) Section 423 (2)(b) & (c), authorize the District to enter into an Agreement with the County to have the County provide Plan Review and Inspection Services for the District; and WHEREAS, the Parties desire to have the County perform such services for, and on behalf of, the District according to the provisions of the FBC for the District's construction of all educational and plant facilities including portable units, as well as all of the District's maintenance work; and WHEREAS, this Agreement is not effected by, and is not intended to effect and will remain independent from, the already existing Interlocal Agreement between the County and the District dated June 25, 1996. NOW, THEREFORE, in consideration of the foregoing Recitals, it is hereby agreed by the Parties as follows: A. Terms used in this Agreement have the meaning defined in the FBC or relevant statutes. B. Pursuant to Section 423 of the FBC, all of the District's construction work must comply with the currently adopted editions of the Florida Building Code and Life Safety Code; accordingly, pursuant to: 1. Section 104.1.1 of the FBC, the District agrees to make application for building permits for all construction projects, as required; 2. Section 104.4.1.1 of the FBC, the County will give first priority service to applications, reviews and inspections for the District's construction projects, and as further set forth below; Sections 104.4.1.2 and 423 (2)(c) of the FBC, the County will only charge the District the County's actual labor and administrative costs as set forth in the Fee Schedule attached as Exhibit "A," which is incorporated herein by reference, and as same may be amended from time to time by written agreement of the Parties' designated representatives; and 3. Section 423.2.g of FBC, the County must issue a Certificate of Occupancy before any District construction project can be occupied. C. This Agreement also applies to the permit, plan review and inspections of all portable 16A17 units constructed and used by the District and will be defined as follows. 1. The District will apply to the County for a Portable Site Specific Permit for the relocation, remodeling and new installation for all portable units at each school site. An application for Portable Site Specific Permit will be submitted with a portable site plan, depicting the relationship to other existing portable units, and any principal structures on site. 2. For each type of new portable unit, the District will submit one set of construction drawings and foundation /anchoring plan to be filed with the County as a Master plan. 3. For each type of old existing portable unit, where construction plans do not exist, the District will submit one foundation /anchoring plan for each type of old existing portable to be filed with the County as a Master plan. 4. The County agrees to provide first priority for requested inspections for the portable units being installed for each of the following: a. Foundation / anchoring b. Plumbing C. Electrical d. Life Safety D. This Agreement also applies to all Maintenance work performed by the District, as follows: Maintenance Annual Permit (for Interior Construction Work Only): 1. For all interior construction work performed within the District's educational and plant facilities, an Annual Permit will be requested by the District, and if in compliance with the applicable regulations, the County will issue an Annual Permit for each trade, at each site. 2. Annual Permits are required for each trade (building, electrical, plumbing, & mechanical), and at each location. The Parties agree that no plans or inspections are required to issue an Annual Permit. 3. The fee for the Annual Permit will be as set forth in Exhibit 'A" Fee Schedule, attached. 4. The County may inspect the District's interior construction work at any time. If the County determines the interior construction work is not being constructed according to applicable code, the County may withdraw the Annual Permit. 5. Every six (6) months, after Annual Permit issuance, copies of the District's Work Order forms for interior construction work will be submitted to the County as an Annual Permit Log. The Annual Permit Log will indicate what interior construction work was performed by, or on behalf of, the District. 6. Notwithstanding #5 above, interior "maintenance" work, as defined by Section 423 (4)(g) of the FBC, pertaining to "maintenance and repair," is not required to be submitted by the District or to be included in the submittals for the Annual Permit Log. E. Exterior Maintenance and Construction Work: 1. All construction work performed by, or on behalf of, the District will require the District to submit for needed permits, plan review, and inspections by the County. 2. Such permit plans submitted for County review must be signed and sealed by a Florida licensed architect. 3. Fees for permit, plan review, and inspections will beset forth in Exhibit "A," Fee Schedule (attached). 4. The County agrees to give first priority for all District permits, plan reviews, and inspections 2 16A17 for exterior construction work, and as further set forth below. 5. Exterior "maintenance" work, as defined by Section 423 (4)(g) of the FBC, pertaining to "maintenance and repair," does not require a building permit, plan review, or inspection. F. Maintenance Work by Sub - Contractors: 1. Any construction work (interior or exterior) that is performed by a sub - contractor of the District will require a permit, plan review and inspections. The only exceptions are as set forth in Section 104.1.1 of the FBC, for any such work not requiring a permit. 2. Fee for the sub - contractor's work are to be identical to the District's fees as set forth in Exhibit 'A" Fee Schedule (attached). G. The County agrees that all inspections will be performed within one work day (24 hours) from the time a request is submitted by the District or its contracted agents. The Parties agree the District may schedule any critical, time specific, inspections, including those for Portable Units, through the office of the County's Chief Inspector. H. As per Section 423 (2) (c) of the FBC, in the event that the District Superintendent's designee and the County Building Review and Permitting Department's Director disagree on any interpretation of the FBC or any interpretation of this Agreement, or for any action by the County which the District determines to not be in compliance with Section 553.80 (6) F.S., these interpretations or actions may be appealed, as follows. The appeal must be made in writing to the Florida Building Commission, which may suspend the authority of the County to enforce the state minimum building code and life safety code on the facilities of the District. In the event the Parties are still unable to resolve the issue, the Parties shall then have the authority to pursue any legal action or remedy available to them to resolve the issue. I. The term of this Agreement is for a period of three (3) years; however, either Party has the right to notify the other, in writing, and with or without cause, at least ninety (90) days prior to of its intent to terminate this Agreement by a date certain. In the absence of such written notice by one Party to the other, this Agreement will continue under the same terms and conditions for an a 9 hal three (3) years term upon the expiration of the initial term. t; 4' C��IVIT BROCK, CLERK By. deputy Clerk Attest " Vo Chair=n' s signets" Mly. Approved as to form and al su ici ncy: Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA James N. Coletta, Chairman JA e-1,0 >- ATTEST: Dr. Dan W. White, Superintendent Approved as to Form and Legal sufficiency Joht Clapper, III, Lsq. Schjbol Board Attorney 16A17 DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By. 04 410-Pri-, Anne boodnight, Chair 4 16A17 EXHIBIT "A" FEE SCHEDULE EFFECTIVE MARCH 7, 2002: Collier County Building Department's Hourly Rates to be charged to The District School Board of Collier County for Building Permits, Plan Review, and Inspection fees, are as follows: Chief Inspectors $37.73 Plan Reviewers $32.61 Permitting Supervisor $31.85 Building Inspectors $27.81 Permitting Technician $20.72 Customer Service Specialist $17.55 Customer Service Representatives $16.41 Vehicle Cost Per Mile $00.31 Annual Permit Per Trade /Location $53.00 Fire Department's Hourly Rates to be charged to The District School Board of Collier County for Plan Review, and Inspection fees, are as follows: Fire Dept. Plan Reviewer $44.67 Fire Dept. Inspectors $33.58 These fees and rates will reviewed every six (6) months and adjustments only made by mutual written agreement between the designated representatives of the Parties to this Interlocal Agreement. 5 Pelican Bay U.S. 41 Berm Irrigation COLLIER COUNTY BID NO. 02 -3347 COLLIER COUNTY, FLORIDA Design Professional: James Abney & Associates 298444 th Street SW Naples, FL COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 2/4/2002 4:55 PM 16, B2 .16B2 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: EXHIBIT H: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHIBIT L: EXHIBIT M: 2/4/2002 4:55 PM Performance and Payment Bond Forms Insurance Requirement Form Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by James Abney & Associates and identified as follows: Pelican Bay U.S. 41 Berm Irrigation as shown on Sheets 1 through 6. 16B2 PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA Pelican Bay U.S. 41 Berm Irrigation COUNTY BID NO.02 -3347 Separate sealed proposals for the construction of Pelican Bay U.S. 41 Berm Irrigation, 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 27th day of February, 2002, 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 Pelican Bay Services Division, 6200 Watergate Way, Naples, Florida at 11:00 am LOCAL TIME on the 19th day of February, 2002, 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 Pelican Ban U.S. 41 Berm Maintenance, County Bid No. 02- 3347 and Bid Date of February 27, 2002 ". 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 the Purchasing Department, Collier County Government Center, Purchasing Building, Naples, Florida — 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $13.00 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: Collier Building Industry Assoc. 4779 Enterprise Avenue Naples, FL 34104 Construction Market Data Bldg. 219, Suite 170 200 South Hoover Blvd. Tampa, FL 33609 2/5/2002 8:50 AM Lee Building Industry Assoc. 4210 Metro Parkway, Suite 100 Ft. Myers, FL 33916 F.W. Dodge Reports 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 GC -PN -1 �i 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 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 Florida. 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 low 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 February, 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Stephen Y. Carnell Purchasing /General Services Director GC -PN -2 2/5/2002 8:54 AM 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 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 2/4/2002 4:55 PM 16B2 2.2 Collier County has implemented a Vendor Performance Evaluation System for all contracts a awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 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 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 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. GC -IB -2 2/4/2002 4:55 PM _ 1662 Section 5. Siming 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 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. GC -IB -3 2/4/2002 4:55 PM 1682 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. 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 Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. 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 2/4/2002 4:55 PM 110113,74, 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 Chapter 212, Florida Statutes. GC-113-5 2/4/2002 4:55 PM 1682 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. GC -IB -6 2/4/2002 4:55 PM COLLIER COUNTY GOVERNMENT -- rxLiv111N1k')1r*AT1Vr; �JEUVIUEh DIVISION 3301 EAST TAMIAMI TRAIL GENERAL SERVICES BUILDING NAPLES, FLORIDA 34112 (941) 774 -8407 FAX (941) 732 -0844 http: / /colliergov.net ADDENDUM DATE: February 21, 2002 _ TO: Interested Bidders FROM: Lyn Wood, Purchasing Agent : 4ec SUBJECT: Addendum # 1 — Bid #02 -3347 "Pelican Bay Berm Irrigation" Addendum #1 covers the following changes for the above - referenced Bid: Please see attached page. If you require additional information please call Lyn Wood, Purchasing Department at .- 941/732 -2667 or by e-mail at lynwood @colliergov.net. cc: Kyle Lukasz, Pelican Bay Services 16B2 Exhibit J _ Technical Specifications and /or Plans and Specifications as shown on Sheets 1 through 6 Changes 1. Add- "The Contractor shall be responsible for restoring the disturbed areas to a condition and grade ready for the installation of sod. At locations where proposed piping is shown occurring through existing vegetation, the piping shall be installed at the perimeter of the vegetation and stub -out the sections with hydrants into the vegetation where required. In the event that the vegetation is low enough (4' or less mature height) to allow for the use of risers, 5' SCH 80 PVC risers are to be used. Risers are to be used only at locations that are _ within the middle of planting masses, no risers shall occur at or near the edge or perimeter of a planting mass." 2. Delete - All reference to 24 volt control wiring. Replace with — "The use of Hit Industries Two -Wire control system is required. The Contractor shall be responsible for providing labor and materials including adapters and all other elements and hardware necessary for adequate installation and operation. These shall include surge protection every three hundred feet (300') and at end of runs, ground rod at each surge protector, AWG 10 gauge (minimum wire size) solid copper insulated wire , suitable for direct burial applications, programmable decoders and any other accessories in accordance with manufacturer specifications. Two -Wire Control System shall be installed in accordance to the latest manufacturer specifications." 3. Delete — Section 3.06 Electric, Items "A" through "O" Replace with - "Electric Service will not be required to be installed by Contractor. Contractor shall install a 1.5 " electric conduit from V -1 to V14. This conduit will be used for I10 volt electric power to controller to be installed by others. All other labor and materials for providing this power, including disconnects, wiring, Hubble receptacles, shall be installed by others." 4. Clarification - Jack and bore at north Pelican Bay Blvd. Entrance will be located to the west of driveway on the north side of Pelican Bay Blvd. so that no additional bore is necessary under the driveway. 5. Clarification — Gate Valves - Sizes 3" or above shall be Nibco 619 or approved equal 6. Delete- Page following GC- CA- H1 -11, that is numbered page 1 of I and is a copy •of an email addressed to "wood .1 ". 7. Changes to Plan Sheets — PLAN SHEET NO. ID -03 Change- SYSTEM 91, NORTH SIDE FLOW SENSOR To- SYSTEM #2, SOUTH SIDE FLOW SENSOR 16B2 0 PLAN SHEET NO. ID -04 - Change - SYSTEM #1, NORTH SIDE FLOW SENSOR To - SYSTEM #2, SOUTH SIDE FLOW SENSOR BID PROPOSAL 1682 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pelican Bay U.S. 41 Berm Irrigation BID NO. 02-3347 Full Name of Bidder € 0 Main Business Address Place of Business " A A �� - �: :, , ; ; - °' " A z Telephone No. Fax No. State.. Contractor's License 17-4 • r, , , ,_ 1�, f 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 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. GC -P -1 — 2/4/2002 4:55 PM Q Irr Co Fl Pre 2/5/2002 8:50 AM BID SCHEDULE Pelican Bay U.S. 41 Berm Irrigation Bid No. 02-3347 16B2 ESCRIPTION QTY. UNIT COST TOTAL COST gation System I L.S. Aroller Installation (Installation Only) 2 $ j, ow Meter Installation (Installation Only) 4 ssure Regulators (Installation Only) 4 C Bid Total 4/ s 4 GC-P-2 -` BID SCHEDULE 16P2 Pelican Bay U.S. 41 Berm Irrigation Bid No. 02 -3347 DESCRIPTION QTY UNIT COST TOTAL COST Irrigation System 1 L.S. $ 3 7 00 -- Controller Installation (Installation Only) 2 $ 115 61 . $ 3co . Flow Meter Installation (Installation Only) 4 $ .20. $ Pressure Regulators (Installation Only) 4 $ 40 • $ Bid Total $ �--- aA� GC -P -2 -- 2/5/2002 8:50 AM Ei MATERIAL MANUFACTURERS �- 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 r / 2. 3. 4. r- f�: 5. „ 9 �u 6. Dated .- 2/5/2002 8:50 AM MANUFACTURER dery BY: GC -P -3 1662 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 J Dated �— — 2/4/2002 4:55 PM any � _J7�',) ,� l� �c'r -�/�'. ��:� � -:, a�,.,�� �,�',�.:� ,��€�"�_..�•:�� r� 5 Bidder BY: GC -P -4 16P? 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. Proiect and Location Reference 2. 3. 4. 5. 7. to a Wt' L, A—AZ,: -:L yr-'t, 4/j i:6<'uc Dated _T L- 2/4/2002 4:55 PM 1 Bidder --' GC -P -5 1.��11^t- %rte - a'v��lr�r1h �P:rri9i / /N�`nl, 4a /',fi6Xr. ' <yrr 4�� /jL -•_. .�f'3 � -fir i-.i`� 's .+• 1 �J� �� i -?- t +y,c �- .t 2. 3. 4. 5. 7. to a Wt' L, A—AZ,: -:L yr-'t, 4/j i:6<'uc Dated _T L- 2/4/2002 4:55 PM 1 Bidder --' GC -P -5 16B2 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 3. 4. 5. TOTAL $ -- Failure to complete the above may result in the Bid being declared non - responsive. DATE f r] -- 2/5/2002 8:51 AM N r. >_t -idder BY: GC -P -6 1682 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: dollars ($ ,: "l ) 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 forty -five (45) 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 sixty (60) consecutive calendar days, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of County of r` , 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. 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 ( r F742° and the full names of its officers are as follows: President Secretary, f.14 -3 I Treasurer :7�' Wt- t� w a,, Manager GC -P -7 - 2/4/2002 4:55 PM 1682 and it doq ) or (does not) have a corporate seal. The is authors to sign construction - -proposals and contracts for the company by action of its Board of -- Directors taken a certified copy of which is hereto attached (strike out this last^sbhtence 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 legal entity Witness Witness - 2/4/2002 4:55 PM BY: Name of Bidder (Typed) Signature Title GC -P -8 and if [Corporate Seal] �� 16B2 STATE OF COUNTY OF Thej-megoing instrument was acknowledged before me this ay of 2002, of by I c 7 a corporation, on behalf of the corporation. A Wshe is or has produced _9 as identification and did (did not) take an oath. My Commission Expires: "C7 71 - —1, �i rnature o3f,Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Betty Whidden Commission # DD 031159 Expires Thm k Adwibc Bondn Co., TW- GC-P-9 — 2/4/2002 4:55 PM KNOW ALL MEN BY THESE PRESENTS, that we 1662 (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner, in the full and just sum of dollars ($ ) 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. 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: Pelican Bay U.S. 41 Berm Irrigation Bid No. 02 -3347 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 100 Percent 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. GC -P -10 -- 2/4/2002 4:55 PM 16F? IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly ® signed and sealed this day of , 2002. Principal BY (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for GC -P -11 -- 2/4/2002 4:55 PM 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. The Bid has been signed. 2. The bid prices offered have been reviewed. 3.'` The price extensions and totals have been checked. 4. The ^payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. •a Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8.6` , Any addenda have been signed and included. 9.s,)r`' The mailing envelope has been addressed to: Purchasing Director — Collier County Government Center Purchasing Building 3301 Tamiami Trail, East -- Naples, Florida 34112 r 11. gip, The mailing envelope must be sealed and marked with: - "w *Bid Number; 4*Project Name; #>Opening Date. 12. P 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 4z"' Bidder Name ignature & Title DATE: GC -P -12 - 2/4/2002 4:55 PM 5 W ;11 ,A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION GENERAL SERVICES BUILDING -- NAPLES, FLORIDA 34112 (941) 774 -8407 FAX (941) 732 -0844 http: / /colliergov.net ADDENDUM DATE: February 21, 2002 TO: Interested Bidders FROM: Lyn Wood, Purchasing Agent SUBJECT: Addendum # 1 - Bid #02 -3347 "Pelican Bay Berm Irrigation" Addendum #1 covers the following changes for the above - referenced Bid: Please see attached page. If you require additional information please call Lyn Wood, Purchasing Department at 9411732 -2667 or by e-mail at lynwood @colliergov.net. cc: Kyle Lukasz, Pelican Bay Services r.¢ r,! 1682' Exhibit J Technical Specifications and /or Plans and Specifications as shown on Sheets 1 through fi Changes 1. Add- "The Contractor shall be responsible for restoring the disturbed areas to a condition and grade ready for the installation of sod. At locations where proposed piping is shown occurring through existing vegetation, the piping shall be installed at the perimeter of the vegetation and stub -out the sections with hydrants into the vegetation where required. In the event that the vegetation is low enough (4' or less mature height) to allow for the use of risers, 5' SCH 80 PVC risers are to be used. Risers are to be used only at locations that are within the middle of planting masses, no risers shall occur at or near the edge or perimeter of a planting mass." 2. Delete - All reference to 24 volt control wiring. Replace with — "The use of Hit Industries Two -Wire control system is required. The Contractor shall be responsible for providing labor and materials including adapters and all other elements and hardware necessary for adequate installation and operation. These shall include surge protection every three hundred feet (300') and at end of runs, ground rod at each surge protector, AWG 10 gauge (minimum wire size) solid copper insulated wire , suitable for direct burial applications, programmable decoders and any other accessories in accordance with manufacturer specifications. Two -Wire Control System shall be installed in accordance to the latest manufacturer specifications." 3. Delete — Section 3.06 Electric, Items "A" through "O" Replace with - "Electric Service will not be required to be installed by Contractor. Contractor shall install a 1.5 " electric conduit from V -1 to V14. This conduit will be used for 110 volt electric power to controller to be installed by others. All other labor and materials for providing this power, including disconnects, wiring, Hubble receptacles, shall be installed by others." -- 4. Clarification - Jack and bore at north Pelican Bay Blvd. Entrance will be located to the west of driveway on the north .side of Pelican Bay Blvd. so that no additional bore is necessary under the driveway. 5. Clarification — Gate Valves - Sizes 3" or above shall be Nibco 619 or approved equal 6. Delete- Page following GC- CA- H1 -11, that is numbered page 1 of 1 and is a copy,of an email addressed to "wood .1 ". 7. Changes to Plan Sheets — PLAN SHEET NO. ID -03 Change- SYSTEM #1, NORTH SIDE FLOW SENSOR To- SYSTEM #2, SOUTH SIDE FLOW SENSOR PLAN SHEET NO. ID -04 1602 Change- SYSTEM #1, NORTH SIDE FLOW SENSOR To - SYSTEM #2, SOUTH SIDE FLOW SENSOR 1682 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") _ hereby contracts with Collier Irrigation Service, Inc. ( "Contractor ") of 5675 Cedar Tree Lane, Naples, Florida 34116, a Florida corporation, to perform all work ( "Work ") in connection with Pelican Bay U.S. 41 Berm Irrigation, Bid No. 02 -3347 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by James Abney & Associates, 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: ninety -eight thousand nine hundred fourteen dollars ($98,914.00). GC -CA -1 - 3/26/2002 10:03 AM a 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 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 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 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 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 sixty (60) calendar days from the Commencement Date (herein "Contract Time "). B. 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, $485.32 for each calendar day thereafter until substantial 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 the Work in a timely manner. GC -CA -2 3/26/2002 10:03 AM 16 R 2 C. 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. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit H1: Dispute Resolution Procedure Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Abney & Associates and identified as follows: Pelican Bay U.S. 41 Berm Irrigation Sheets 1 through 6. 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: Kyle Lukasz Pelican Bay Services Division 801 Laurel Oak Drive Naples, Florida 34108 Telephone: 941 - 597 -2265 Fax: 941 - 597 -5400 Email: KyleLukasz @colliergov.net 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: GC -CA -3 3/26/2002 10:03 AM •i Robert L. Williamson, President Collier Irrigation Service, Inc. 5675 Cedar Tree Lane Naples, Florida 34116 -- 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 Agreement. 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. 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. GC -CA -4 3/26/2002 10:03 AM 1682 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 -5 3/26/2002 10:03 AM ffolffi IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below ATTEST: CONTRACTOR: COLLIER IRRIGATION SERVICE, INC. ITS: orporat ecretary/Wit ess 2 Witness Date: 3 ZQW ATTEST: Dwigh'`trc;'L^I; '10st as to Chairman's Approved 'Asl1o'rorm an ga icien A Robert'Zachary Assistant County - 3/26/2002 10:03 AM President H,ae, IDV 200Z Dat [Corporate Seal] OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER gpUNTYFLORIDA BY: James N. Coletta, Chairman GC -CA -6 1682 EXHIBIT A PUBLIC PAYMENT BOND Pelican Say U.S. 41 Berm Irrigation Bond No. 400SL2856 Contract No. 02 -3347 KNOW ALL MEN BY THESE PRESENTS: That COLLIER IRRIGATION SERVICE, INC. as Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY as Surety, located 385 WASHINGTON ST. , ST. PAUL, MN 55102 Business Address) .e held and firmly bound tOBOARD OF COUNTY COMMISSIONERS OF COLLIER bl& in the sum of NINETY EIGHT THOUSAND NINE HUNDRED FOURTEEN AND NO 1100 ($98,914.00 for the payment iereof we--bind ourselves, our heirs, executors, personal representatives, successors 'and'assigns; ..ntly and severally. WHEREAS, Principal has entered into a contract dated as of the 26THday of MARCH ,j02, with Oblige for PELICAN BAY U.S. 41 BERM IRRIGATION in COLLIER CO., GA ,Qcordance with drawings and specifications, which contract is incorporated by reference and .rt hereof, and is referred to as the Contract. -HE CONDITION OF THIS BOND is that if Principal: made a Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, -upplying Principal with labor, materials or supplies, used directly or indirectly by principal in the )secution of the work provided for in the Contract, then this bond is void; otherwise it remains in full )rce. Any changes in or under the Contract and compliance or noncompliance with any formalities onnected 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 ie Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, -lardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 9TH day of -" MAY 2002, the name of each party being affixed and these presents duly tigned by its Jer- signed representative, pursuant to authority of its governing body. GC- CA -A -1 Signed, sealed and delivered in the presence of:_. Z BY: 'Wifnesse"s to Principal J// NAME: ITS: STATE OF COUNTY OF.,,/` h,� 16B2 PRINCIPAL COLLIER IRRIGATION SERVICE, INC. The foregoing instrument was acknowledged before me this 9TH day of MAY 20 02 by 4 - f, as of a corporation; on behalf of the corporation. _.�Jtd/she is pers&nafj� known to rno OR has produced as identification and did (did not) take an oaih-.—____ — My Commission Expires: io.= M1 la 1,n4 j'C, fjc­ C7,1, Trr (AFFIX OFFICIAL SEAL) AN-ffff-tR WITNESS: z (Signature of (Notary) NAME., (Legibly Printed) Notary Public, State of Commission SURETY: FIDELI11,AND GUARANTY INSURANCE COMPANY (Printed Name) 385 WASHINGTON ST., Si. PAUL, MN 55102 (Basin ZACL4-� SHARON G. DIXON orized i ture) RICHARD A. GAZAWAY, ATTORNEY -IS -FACT —Witnesses,,fo Surety CAROLYN F. SMITH (Printed Name) GC-CA-A-2 •" Witnesses COUNTER IGNED: y a a BY : a' LEWIS DONALD RUSHING, FL RE ENT AGENT STATE OF GEORGIA vOUNTY OF ___FTJLTON As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business- Address) (Telephone Number) iO The oregoing instrument was acknowledged before me this 9TH day of MAY , 2002, by RICHARD A. GAZAWAY as ATTORNEY -IN -FACT of -Y,IDELIIY AND GUARANTY INSURANCE COMPANY Surety, on behalf of Surety. He /She is personally .nown to me OR has produced _ as identification and who did (did not) take an oath. dy Commission Expires: kFFIX OFFICIAL SEAL) Mee (Signature) Name: KATHY COMPTON (Legibly Printed) Notary Public, State of: Commission No.: i:' ::4f ' 'ilL�dS , ��36 � ounty Georgia MV C, rnmission moires Janu: ry 24, 2003 GC- CA -A -3 M a OD EXHIBIT A PUBLIC PERFORMANCE BOND Pelican Bay U.S. 41 Berm Irrigation Bond No. __400sL7�$,56 Coact No. 02 -3347 KNOW ALL MEN BY THESE PRESENTS: That [;QT,TJFR TRRIGATION SFRVICF.- INC as Principal, and FIDE .IIJ AND G A ANTY INSURANCE COMPANY as Surety, located at 385 WASHINGTON ST., ST. PAUL, MN 55102 (Business Address) are held and firmly bound - BQARD .Q,Z--QQUNTY COMMISSIONERS OF COLLIER COUNTY, FL as Oblige in the sum of NINETY -EIGHT THOUSAND NINE HUNDRED FOURTEEN AND N01100 9L914,00 _) for the payment whereof we bond ourselves, our heirs, executors, personal - presentatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 26TH day of MARCH , _J02, with Oblige for PELICAN BAY U.S. 41 BERM IRRIGATION, BID #02 -3347 in accordance with drawings and )ecifications,-which contract is incorporated by reference and made a part hereof, and is referred to 18 the Contract. THE CONDITION OF THIS BOND is that if Principal: — Performs the Contract at the timfns and in the manner prescribed in the Contract; and Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because A any default by Principal under the Contract, including, but not limited to, all delay damages, iethor liquidated or actual, incurred by Oblige; and i- Performs the guarantee of all work and materials furnished under the Contract for the time �ecified in the Contract, then this bond is void, otherwise it remains in full force. Any changes in or ender the Contract and compliance or noncompliance with any formalities connected with the - ')ntract 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, -"erations or additions to the terms of the Contract or other work to be performed hereunder, or the ecifications referred to therein shall in anywise affect its obligations under this bond, and it does iereby waive notice of any such changes, extensions of time, alterations or additions to the terms of `� Contract or to work or to the specifications. GC- CA -A -4 1682 This instrument shall be construed in all respects as a common law bond. It is expressly mderstood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, —:hall not apply to this bond. fn no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this — I,erformance Bond regardless of the number of suits that may be tiled by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 9Tx.._ day of MAY , 2002, the name of each party being affixed and these presents duly signed by its _ndersigned representative, pursuant to authority of its governing body. signed, sealed and delivered i the presence of: as to Princi TAT OF .:OUNTY OF ' PRINCIPAL COLLI59 IRRIGATION SERVICE:; INC. BY - — -- NAME' ITS: '. The foregoing instrument was acknowledged before me this 9TTj day of MAY 2002, s as 1 of a corporation; on behalf of the ^" r- )rporation.Ishe is,:peronal y known o -mc_ OR has produced as identfficdtion and did (did not) take an oath. Vly Commission Expires: J f7' dg/�1J{Ilyay7� ;AFFIX OFFICIAL SEAL) �d (Signature) Name : i w �, -� l,, (Legibly Pdrited) Notary Public, State of:-w = ail Commission No.:--DD �- GC- CA -A -5 ACTWIM WITNESS: SHARON G. DIXON witnesse5'as to Surety CAROL N F. 1 W Witnesses COUNTER IGNED: �I _ r 0 BY LE'WIS DONALD RUSHING, FL R IDENT AGENT l '- STATE OF GEORGIA COUNTY OF FULTON 16B2 SUR ETY: FIDELITY AND GUARANTY INSURANCE COMPANY (Printed Name) 385 WASHINGTON ST. ST PAUL MN 55102 (Busin' Addre /f s ) (Authorized Signature RICHARD A. GAZAWAY, ATTORNEY -IN -FACT (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) - The foregoing instrument was acknowledged before me this 9-,T4 day of _ MAY , 2002, by RICHARD A. GAZAWAY as ATTORNEY -IN -FACT of ,FIDELITY AND GUARANTY INSURANCE COMPANY Surety, on behalf of Surety. He /She is personally known to me -L OR has produced as identification and who did (did not) take an oath. L My Commission Expires: (Signatur ) Name: KATHY COMPTON (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: Al" N✓tar Cobb Cuunty, Georgia GC- CA -A -6 Eiplma January 24, 2003 i lF7 - ktt k - Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 20730 0 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 11 58094 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fix. and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Nj&Wpry Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sharon G. Dixon, Robert N. Reynolds, Richard A. Gazaway and Douglas R. Johnson Atlanta Georgia of the City of , State , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above• to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 1St day of DecembeI 1999 Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. ;Paul Guardian Insurance 'Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 1927 1 ';; r'"ess"D 1977 !� 9951 SEdL �.io; e:,3TsAL�s N s� a° a .............. a ?r -- State of Maryland City of Baltimore JOHN F. PHINNEY, Vice President J~ THOMAS E. HUIBREGTSF., Assistant Secretary On this 1st day of December 1999 , before me, the undersigned officer, personally appeared John F. Phinney and -+- Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the rL corporations by themselves as duly authorized officers. EA NOTS�Y��b /- _ _ _ "_ A�t�tdA/] - t iyM In Witness Whereof, I hereunto set my hand and official seal. P ARV /V► �BC/C My Commission expires the 13th day of July, 2002. (yip �O C REBECCA EASLEY- ONOKALA, Notary Public qE CM !I r 1 86203 Rev. 7 -2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomev(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and i _ RESOLVED FURTHER, that Attomey(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorneys) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, ! St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. ,J � IN TESTIMONY WHEREOF, I hereunto set my hand this 9TH day of MAY , 2002 9� � ��CQYdUIt tom! °a cox„�F >m ' # =;:�opPann�,:,n; ti`t iMC6fi�aRD'y � YICQ9PofWT� �.�s�� ` .�fit.� -lip •� �. SEAi.;`;} '�d,.SEAL,D 9 Tsas �$ '!$77 3951 t � . Thomas E. Huibregtse, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above -named individuals ind the details of the bond to which the power is attached. 7 -11 -2002 10:38AM FROM TIM SHAW INS COMML 1 941 939 6151 1P -6 B ACORD oatazroz M CERTIFICATE OF LIABILITY INSURANCE TE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TIM SHAW INSURANCE GROUP INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1820 COLONIAL BLVD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FT MYERS FL 33907 INSURERS AFFORDING COVERAGE INSURED COLLIER IRRIGATION SERVICE INC 5675 CEDAR TREE LN NAPLES FL 33999 North Pointe ZURICH INS INS CO. COVEKAGES THEPOLICIESOFINSURANCE LISTEDSELOW HAVE BEEN ISSUEDTOTHEINSUREDNAMEDA80V EFORTHEPOLICYPERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREI N IS SUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P&ITCY EXPIRATION LIMITS A GENERAL LU\BLITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR 009409007101 0410312002 04/03/2003 EACH OCCUR CE $1,000,000 FIRE DAMAGE A one 6rc 5100,000 MED EXP (Anyone person) $5,000 PERSONAL & ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 POLICY PRO- LOC. D AUTOMOBILE LIABILITY ANYAUTO CA04473216 -02 0512312002 0512312003 COMBINED SINGLE LIMIT (Eaaccidenq $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIREDAUTOS NON- OWNEDAUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE (PeraccidenQ S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHERTHAN EA ACC S ANYAUTO S AUTO ONLY: AGG EXCESS LIABILITY OCCUR n CLAIMS MADE EACH OCCURRENCE $ AGGREGATE 5 S $ DEDUCTTBLE $ RETENTION S C WORKERS COMPENSATION AND EMPLOYERS' LLABILITY 21WECGA9957 0510312002 05/03/2003 WC "RY; OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT I 51.000, 040 OTHER DESCRIPTION OF OPERATIONSILOCATtONSNEHICLES /E)CCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Fax# 732.0844 Certificate holder is additional insured with respects to general liability coverage A.T.I.M -A. CERTIFICATEHULUEK ADDITIONALINSURED: INSURER LETTER: 1.A19L,CLLAi1Vr4I Collier County Purchasing Dept. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION 3301 Tarniami Trail E. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Naples, FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 -S (7197) L0 At:UKU CUKNUKA I IUN IU150 May 23 02 10:05a COLLIER IRRIGATION 239 455 0991 1682 ACOR_D CERTIFICATh- OF LIABILITY INSURAN..E VAT` PROOUCEx TIN SHAW INSURANCE GROUP ING 162000LONIALOLVO FTIMVERS FL 33907 THIS CERTIFICATE IS ISSUED AS A NIAVVER OF INFORMATION ONLY AND CONPFRS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOR SY THE POUCWS SHOW. INSURERS AFFORDINO COV'ERASt COLLIER 11RRI6ATION SERVICE INC U73 CCDAR TREE LN NAPLES FL 3391 womo A• Norde Point, Insurance COMM- Imsuompt 0, ZURICH INS CO w Kwit c; HarHord Insurance Comao impiMp 0, PROGRMIYE WS CO. 009/119007101 VV7L —ftV THEPOL• ICIESOFOMUR ANCgUST ROMLOWHAVESEENISSUEDi0TNEINSURgDNAMEDABOVEFORTHEPOUCYPEMOWWCATEO .NOTWi KSTANDING ANY RGQUIkElftM -, TOM OR CONDITION OP ANr CONTRACT OR OTHER DOCI6MENT Wrlfl RESPECT TO WHICH THIS CERTWICATEMAY DR I=UED ON MAYPIRTAIKTHeiNgLyLANCEAFPDROEDOYTHEMUCIESDe5CR1MMHCWNMSIIM ECTTOALLTNETERMS,E7[Ct nKMANOCONmTrON3OFSUCH POLICIES. AGGREGATE L WTS SHOWN MAY "AV! BEN REDUCED BY PAID CLAIMS. N TYK OF VMRANCE POucV NUMM P'QI.IGrEFi VG POLIGV R]O�RIA � A �„y X ce,RSrAI Iurr CLNMS VAM OCCUR 009/119007101 0410321002 0�1031Z003 ACH Occ "we 11,000,000 iRtFOAauuaE em !100000 .1PICV.E?!I:W�' �r_Py!ns" PF V JIRIY S 000 al 000 OialGRAI. AGmp"TF. s2.000.M WL. AGGRqLATE LAIT APKds vm: PoLcyl r TS - ? 000.000 Q AUTOMOBILE LIA&AAW ANY AUTO ALL OIIrNCD AUTQa SCMEDULEDAUrDS Hw"AUTOS NONAMED AUTO: CAM732161 05R0o1 vdl3R001 CONBwFD IMNOL1 LINT Ice 21,000,000 RODO.r INJURY {Per Pe90b s X a i PROPERTY DAUAGE � sccld.nq _ ....._ GARAGE LlA9NJTY ANY AUTO T OTHER THAN lA ACC AUTO ONLY: A" i IS VLXCM,=LUMILmr OGGIR � GLA}A6 MADC DEDUCTMI E A ELATION 2 d OCOURREN AGG GAT 2 i s i C WOIOf!!L1 CON}lM3ATRk1 ANO 21WE000957 0510312002 Worm MIC STAtU• OTN• EL. AACrI ACpoeNT 100 000 EL al -EAUPLOVE4 2100 000 E.L. DISEASE • POLICY LNT 000 B OTHER GUILDER'S RISK BR45199M 0IJ05F2002 0220522005 205,9001000 OED 2% WIND CEO SPECIAL FORM MWAIII ►nONOFOPEIIATIOUVLOCATIONSANIWA SMLUMMsA00EDOrENDomREMErtrISPEC4WPHWI ION11 Coptmct R 02.3347 Raterencirl0 - Pokm BAy US N 10toom laWatioe ""woo- 160tTC►rVLLCR A Aklm" mew RD'RIS LF7Tfiq• vPUwvw Own COLLIER COUNTYGOVERNNFNT SH"UMI 02 CAMS' LEro80"fTHEOUPIRnT4oN _ 33011— TAMWU TRAIL o"Ta T' , TMo'a3mr.. WoURM WILL ENDFAVOR TO IwlA 10- oAYS wRTCEM PURCIIASWG Bulb= - BLDG.C1 t} liCaIKt B1CATCNoLD6RNAWbTOTHEL EPT,RUrCARJPM C00s0SHALL NAPLES, FL 341124997 wWWE ND OBUOATION OR LUUMJ r OF ANY MP UPON THE INSURER ITS AOMM OR RFPRF3 NTATrve�. wurnDRIZED i EXHIBIT B INSURANCE ER QUIREMENTS (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 Contractor /Consultant/Professional. (5) The Contractor and /or its insurance carrier shall provide 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 Contractor /Consultant/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 Contractor /Consultant/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. GC- CA -B -1 2/4/2002 4:55 PM aa (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 GC- CA -B -2 2/4/2002 4:55 PM 1682 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 $ 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 _ X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. GC- CA -B -3 2/4/2002 4:55 PM 1682 (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 - subcontractors in the Work. GC- CA -B -4 2/4/2002 4:55 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. W (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, 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. GC- CA -B -5 2/4/2002 4:55 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 2002 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. f iz ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 2002, by , as of 1 �- 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: (AFFIX OFFICIAL SEAL) 2/4/2002 4:55 PM NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: GC- CA -C -1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Date: RE: Original Contract Time: Revised Contract Time: Percent Work completed to Date: % Percent Contract Time completed to Date % 1682 Payment Application No. for Work accomplished through the Project Name) 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) $ 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 2/4/2002 4:55 PM W- uj 0 z LU LL, C) z f] LL < 0 M ui 2: LU C) a. cc 2 w0 aU 00 LLJ a Lu LU Cc 0 U) 0.6 UJ < cc CC LU T 0 0 w X CL LLJ (n F- 0 0 cn D 0 aj 0 > < a. CL LU D W < > U) Z 0 rr cn 0 co w 0 C: LU Lij ca H m M Z M, ;57 a kn In CHANGE ORDER NO. TO: DATE- PROJECT NAME: _ PROJECT NO.: EXHIBIT CHANGE ORDER CONTRACT NO r Under our AGREEMENT dated , 2002. 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: , 2002 CONTRACTOR: OWNER: _ By: 2/4/2002 4:55 PM BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DESIGN PROFESSIONAL 0 GC- CA -E -1 1682 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: 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 America. Reprinted 5/85 GC- CA -F -1 2/4/2002 4:55 PM 16B2 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 , 2002 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2002 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2002 OWNER By: Type Name and Title GC- CA -F -2 2/4/2002 4:55 PM Bid No.: _ Contractor: 16BZ'f EXHIBIT FINAL PAYMENT CHECKLIST Project No.: Date: , 2002 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: Calendar Days. Final Completion Time: 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: By Owner: CG- CA -G -1 2/4/2002 4:55 PM (Company Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) EXHIBIT GENERAL TERMS AND CONDITIONS 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 2/4/2002 4:55 PM • i� 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 T 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 tc the Owner's obligation to pay Contractor. w 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 7:30 a.m. to 6:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. GC- CA -H -2 2/4/2002 4:55 PM 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 2/4/2002 4:55 PM 16 B2 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. 4.6. - 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 2/4/2002 4:55 PM 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 2/4/2002 4:55 PM 1582 "I 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 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: GC- CA -H -6 2/4/2002 4:55 PM 8.1.1. Weather conditions showing the high the amount of precipitation received on i conditions which adversely affect the Work; 16B2VI and low temperatures during work hours, ie Project site, and any other weather 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 2/4/2002 4:55 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, 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. GC- CA -H -8 2/4/2002 4:55 PM 1682"I 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 _ 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 2/4/2002 4:55 PM 1662 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 2/6/2002 4:29 PM 16B2'� 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 times comply with all of the terms, -- conditions, requirements and obligations set forth under Exhibit B. GC- CA -H -11 2/4/2002 4:55 PM 1682 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. 17. PERMITS, LICENSES AND TAXES. 17.1. Pursuant to Section 218.80, Florida Statutes, 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 2/4/2002 4:55 PM 1682' 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 2/4/2002 4:55 PM 1682' 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 2/4/2002 4:55 PM 1682 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 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 2/4/2002 4:55 PM 1682 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. 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 2/4/2002 4:55 PM 1682 10 22.4. The Owner shall charge to Contractor 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 on Saturday, Sunday or holidays. 22.5. 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 2/4/2002 4:55 PM iml 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 2/4/2002 4:55 PM 1682 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 5.13, 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 2/4/2002 4:55 PM i 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 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 2/4/2002 4:55 PM 1662' 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, copies of which are available through the Risk Management or Purchasing Departments. GC- CA -H -21 2/4/2002 4:55 PM 1682 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 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. 2. 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. 3. 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 amount. 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. GC-CA-Hl-1 2/6/2002 11:06 AM 1682 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. 4. 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. f. 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. 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, GC-CA-Hl-2 2/6/2002 11:06 AM 16B2 the arbitrators selected may continue the matter in 7- calendar day increments. A request for a 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. 6. 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 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 2/6/2002 11:06 AM 16B2 _ 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 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 parry 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 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 parry 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-Hl-4 2/6/2002 11:06 AM 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 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 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. GC-CA-Hl-5 2/6/2002 11:06 AM 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. GC- CA -H1 -6 2/6/2002 11:14 AM 1662 1682 TIME CHART FOR DRP: 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 parry 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. GC- CA -H1 -7 2/6/2002 11:14 AM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Claim No. Vs. 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 2/6/2002 11:06 AM Claimant Vs. Respondent Claimant, Name of Proiect: Date of Contract: Party Requesting Negotiation: Date: Received by: Date Request Received: Comments: 2/612002 11:06 AM 1682 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claim No. REQUEST FOR ARBITRATION , hereby requests negotiation of the above - referenced Claim. GC- CA -H1 -9 Claimant Vs. Respondent COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claim No. REQUEST FOR PRE -SUIT MEDIATION 16B2'4' Claimant, , hereby requests PRE -SUIT MEDIATION of the above - referenced Claim. Name of Proiect: Date of Contract: Party Requesting Arbitration: Date: Received by: Date Request Received: Comments: GC-CA-Hl-10 2/6/2002 11:06 AM Claimant Vs. COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claim No. 16 B2 ""I Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant /Respondent hereby REQUESTS NEGOTIATION OF THE CLAIM BY THE PARTIES. Name of Project: Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: Signed: GC- CA -H1 -11 2/6/2002 11:06 AM 1602 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. Change Orders. Notwithstanding anything in the Contract Documents to the contrary, Change Orders may be approved by the County Manager or his designee as provided for in the County's purchasing policy effective at the time that the change order is processed. GC- CA -1 -1 2/4/2002 4:55 PM EXHIBIT J TECHNICAL SPECIFICATIONS PELICAN BAY STREETSCAPE BEAUTIFICATIONS UNDERGROUND IRRIGATION SYSTEM SPECIFICATIONS PART GENERAL 16B2 "I 1.01 RELATED DOCUMENTS A. Drawings and provisions of the Contract, including Contract Conditions and Division -1 and Division -2 Specification Sections, apply to work of this section. 1.02 SCOPE A. 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 B. 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 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, - herein referred to as the Project Manager. 1.03 QUALITY ASSURANCE A. 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 - including complete installation of MAXICOM central control systems and irrigation system similar in design and size. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. 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. D. Protection of Existing Plants and Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation in preservation areas. 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. _ E. 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. -- GC- CA -J -1 2/5/2002 8:32 AM 1682 1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure or 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. F. 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, 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. G. The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner, or Project Manager.. H. 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. I. The Owner's Landscape Architect, Irrigation consultant, or Project Manager shall have full authority to approve or reject work performed by the Contractor, the Project Manager shall also have full authority to make field changes that are deemed necessary. J. 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 Project Manager, the Contractor shall notify same, at lease 48 hours prior to the time such observation or direction is required. _ K. 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. 1.04 SUBMITTALS A. Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract). B. All materials shall be those specified and or approved by the Irrigation Consultant. Unapproved product substitution shall be removed and replace at the violating installer & supplier's expense. C. Product Data: After the award of the contract and prior to beginning work, the Contractor shall submit for approval by the Owner, 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. D. Commence no work before approval of material list and descriptive material by the Irrigation Consultant and Landscape Architect. GC- CA -J -2 2/5/2002 8:32 AM 1662 E. Record Drawings: The Owner shall furnish the Contractor with one set of reproducible vellums or ozalid 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 (building comer, street comer, fence line, etc.). 1) Immediately upon installation of any piping, valves, wiring, sprinklers, 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 Project Manager. 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, power source or connection to a valve -in -head sprinkler. _ 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 Project Manager. 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 Irrigation Design Consultant and Project Manager before payment is made. 6) If in the opinion of the Project Manager 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 on 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 Irrigation Consultant and Project Manager prior to final payments, including retentions. PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 MATERIALS A. 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 Irrigation Consultant and Project Manager. 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. B. Storage and Handling: 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. GC- CA -J -3 2/5/2002 8:34 AM 16B2 C. 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. - D. 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) Pipe tensile strength shall be in accordance with ASTM -D 638. 4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type - Pipe 3" and larger shall be used or irrigation main line and any other line under constant pressure and shall be: a. PVC 1120/1220 Class 200PVC, 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 b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM -D 2241. 5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type - Pipe 2 1/2" inches and smaller shall be used for lateral piping and any piping not under constant pressure and shall be: a. PVC 1120/1220 Class 200, 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 b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM -D 2241. F. PVC Pine Fittings: 1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type I /II in accordance with ASTM -D 2466. 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. GC- CA -J-4 2/5/2002 8:36 AM �i 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. G. PVC Solvent Cement: PVC solvent cement and primer /cleaner shall be compatible with the specific size and type of PVC pipe and fittings, of proper consistency in accordance with the pipe manufacturer's recommendations. H. 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.) shall not be used. I. 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 not supplied by the Manufacturer shall be as recommended by Manufacturer to provide a maximum degree of protection. J. The central control system shall be produced by the owner's preferred manufacturer. The communication method to the CPU shall be with link wire, cellular telephone, or radio communication. coordinate with owner depending on actual site conditions and owners' preference. The installer shall be `m certified by the central controller system manufacturer and shall have no less than five years of experience installing such type of systems. The installer shall be responsible for installing the control system in accordance to the most recent manufacturer specifications and providing all necessary items. K. Low Voltage Valve Control Wire (24 Volt) : All 24 volt control wire shall be #14 AWG UL listed single conductor solid copper, type UF, 600 volt test for direct burial installation. 1) Provide one (1) individual 24 volt valve control wire between the field controller terminal strip station lug and each control valve /sprinkler solenoid lead. Provide one (1) consistently colored 24 volt common wire from the terminal strip common wire lug to all control valves /sprinklers. 2) Valve common wire shall be white in color. Individual valve control wires shall be color coded or identified by an approved tagging method. 3) All wire shall be furnished in minimum 2,500' rolls and spliced only at the valve and the controller. L. Control Valves: The remote control valves shall be as specified on the plans, and shall perform to the "— manufacturer's specifications. The model shall be Hit Pro -Line 500 Series. M. Gate Valves: Gate valves one inch (1 ") through two and one half inch (2 -1/2 ") shall be Series 206 bronze threaded end gate valves manufactured by "Red- White ". Gate valves three (3") and larger shall have flange connections. N. Quick Coupling Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications. The quick coupling valve shall have an acme thread mechanism that is capable of acting as a flow regulator. GC- CA -J -5 2/5/2002 8:32 AM 1662 ' O. Control Valve Boxes: All control valve, gate valve and quick coupling valve boxes shall be Ametek Box with cover marked "Control Valve ". Box shall be of sufficient size to allow easy operation and maintenance of valve. Where possible, gate valves shall be installed with control valves and occur in the same box. Ametek Jumbo Box with cover shall be used for the pair. Locking lids shall be green in color, boxes and extensions shall be black or green and constructed of high strength, light weight thermoplastic. P. Pop -Up Mist Head to PVC Pipe Fittings: All pop -up mist sprinkler heads are to be connected to barbed x threaded adapters and an 18" minimum length of thick walled polyethelene tubing. All tubing ends shall be cut square to the outside diameter of the pipe. Q. Rotor Sprinkler to PVC Pipe Fittings: All stream rotor sprinklers are to be connected to PVC lateral lines using swing joints. Swing joints shall be the same size (IPS) as the inlet size of the sprinklers, unless - otherwise indicated on the installation details. All swing joints shall be capable of 360 degrees of freedom. 1) Prefabricated swing joints (triple spring) shall be used wherever possible. Swing joints created from individual nipples and fittings shall be assembled from PVC Schedule 80 or better. 2) 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 manufacturer's recommendations. R. Pop -Up Mist Spray Heads: the type specified in the plans, and shall perform to the manufacturer's specifications. Spacing shall not exceed that which is graphically depicted on the plans or the manufacturer's maximum recommendations. Pop -Up mist heads shall be manufactured by Toro Irrigation Products. The nozzles shall be male threaded (Toro). Use 12" Pop -Up bodies at low planting areas, 6" Pop -Up models at turf areas. S. Rotor Sprinklers: All stream rotor sprinklers are to be of the type specified on the plans. The sprinklers to - manufacturer's specifications concerning the diameter of throw and gallonage at given pressures. Sprinkler spacing shall not exceed the manufacturer's maximum recommendation. Rainbird T -Bird series at standard turf areas, Hunter I -25 series at athletic fields or areas where sprinkler spacings exceed forty _ five (45') feet. 1) Matched precipitation between full and part circle sprinklers will be required on all sprinklers operating on the same zone. T. Irrigation sleeving shall be installed in accordance to the most recent State of Florida Transportation Department. Sleeving at existing paving locations shall be HDPE -Class 150 SDR1I Extra molecular weight HDPE sleeves as sized per plans. The installation method shall be directional boring. PART 3 EXECUTION 3.01 SYSTEM DESIGN A. Design Pressures: Main line pressure at the source location shall be as required to operate the irrigation heads at the design pressures as specified on the plans. Pressure shall not exceed manufacturer's specifications. Pressure at the last irrigation head on the circuit shall not be less than 25 PSI for spray heads, 45 PSI for short to midrange rotor heads and 60 PSI for long range rotor heads. B. Location of Irrigation Components: Irrigation plans 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. GC- CA -J -6 2/5/2002 8:32 AM 6 B 2 C. Sprinkler and spacings are maximums. Do not exceed spacings shown or noted on the plans. prinkler SDI tubing spacings 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 Project Manager. D. Minimum Water Coverage: In turf planting areas 100% coverage shall be provided. To suit manufacturer's specifications do not decrease number of heads specified unless otherwise approved. E. 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 Right -of Way permit), 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 A. 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. B. All construction shall be done in a neat and workman like 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. C. Main Lateral Line Trenching: 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 width shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. 2) Mainline trench depths shall be as noted on the installation 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. D. 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. E. Trench Depth: Trenches shall be made wide enough to allow a minimum of 6 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: 24" minimum cover over main lines excluding under paved surfaces, 30" at paved surfaces. 12" minimum cover over lateral lines to heads. 1) Metalized identification tape shall be buried approximately 12 inches above ductile iron pipe. Tape width shall be three inch minimum Tape colors and imprints shall be as follows: GC- CA -J -7 2/5/2002 8:32 AM - Imprint Color 16B2 Caution - Non - Potable Irrigation Blue - Water Line Buried F. All irrigation pipe 2" and larger shall be thrust blocked as shown on the details on accompanying plans. 3.03 BACKFILL AND COMPACTING A. After testing of system has occurred and inspections have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. B. Contractor shall not backfill over fittings, valves, couplings until pressure tests have been successfully _. completed. C. 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. D. Dress off all areas to finish grades and restore to condition previous to irrigation installation. E. Clean -Up: Remove from the site all debris resulting from work of this section. Clean-up shall be conducted continuously throughout the installation process to keep extraneous materials off the work site. 3.04 INSTALLATION A. Remote Control Valves: Install remote control valves where shown and group together where practical; place no closer than 12 inches to walk edges, buildings, and walls. B. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping., Following valve box installation place gravel or sand as specified in the plan detail. C. PVC Pipe and Fittings: 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 of dirt, dust and moisture before applying solvent with a non - synthetic bristle brush. All screwed connections shall be thoroughly cleaned and wrapped with Teflon tape as specified in these specifications. D. The pipe manufacturer's installation manual shall be followed for the installation practices. E. Use only a color tinted cleaner /primer to prepare the outside diameter of the pipe and the 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. F. 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. G. 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. H. All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. GC- CA -J -8 2/5/2002 8:32 AM I. Above Ground Piping: All pipe and fittings permanently installed above ground shall be galvanized iron Schedule 40 pipe. piping shall be painted or wrapped to prevent rusting. Paint color shall be approved by the Owner. 1) All pipe fittings intended for temporary use and installed above ground shall be UV resistant PVC Schedule 80. J. Pipe Sizes: All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. K. 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. L. Sprinkler Head Installation: Locate all sprinkler heads a minimum distance of 9" from walks, pavement, and back of curbs. M. Pop -Up Mist Spray Heads in sodded areas shall be installed to be flush (+ 1 /2" tolerance) with finished _ sod elevations. In mulched and planted areas all heads are to be flush with finish mulch elevations or shall be installed as detailed on the plans. N. Rotor Heads shall be installed to be flush (+ 1/2" tolerance) with finish sod elevations except those rotor heads specifically designed to be mounted below grade. O. Automatic Field Controllers: On -site location of the automatic controllers shall be approved by the OWNER & Irrigation Consultant 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. 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. P. Bio- barrier: In areas where trees are located between the sidewalk and roadway a Bio- barrier shall be installed in the irrigation trench directly adjacent to the sidewalk. Bio - barrier shall be installed ten feet in each direction from the tree and twelve inches deep. All Bio- barrier material shall be supplied by the owner. 3.05 CLOSING OF PIPE AND FLUSHING LINES A. 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. B. Thoroughly flush out all water lines before installing heads, valves and other hydrants. C. Test in accordance with paragraph on Hydrostatic Tests. ._ D. Testing: Request the presence of the Landscape Architect in writing or by phone at least 48 yours in advance of testing. All testing is to be accomplished at the expense of the Contractor and in the presence of the Landscape Architect. GC- CA -J -9 2/5/2002 8:37 AM Limit E. 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 p.s.i. 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, flush all - lines. 1) Tests shall be made between valves and as far as practicable in section of approximately one thousand (1,000) feet as long as approved by Irrigation Consultant and 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 18 foot lengths. All leaks evident at the surface shall be uncovered and repair regardless of the total leakage as indicated by the test, and all pipes, valves, fittings and other materials found defective under the test - shall be removed and replaced at Contractors expense. Tests shall be repeated until leakage has been corrected. F. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. G. Demonstration: Demonstrate to the Landscape Architect that the system meets coverage requirements and that automatic controls function properly. Coverage requremen6ts are based on operation of one circuit at a time. H. Upon completion of the testing, the Contractor shall complete assembly and adjust sprinkler heads for proper distribution as indicated elsewhere in these specifications. 3.06 ELECTRICAL A. Irrigation contractor shall be responsible for the placement of the 110 volt AC service necessary for the operation of electric controller as specified on the plans and in accordance with the manufacturer's specifications. B. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a different color than the 110 volt service to controllers. The 24 volt common ground shall be of one continual color and a different color than the other 24 volt lines and the 110 volt service. All 110 volt AC wiring shall be installed in accordance with Federal, State, and local electric requirements. C. All 24 volt wire shall be placed in 2" sleeves when extending under roadways, parking lots, sidewalks, or other paved surfaces as shown on the plans. D. Provide an expansion curl within three (3) feet of each wire connection 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. E. All 24 volt wire shall be installed in accordance with the latest provisions of the National Electrical Code and all prevailing local codes F. All above ground low voltage wiring shall be installed in UL listed plastic conduit and connectors in accordance with prevailing local codes. GC- CA -J -10 2/5/2002 8:32 AM ims", G. Install all 24 volt valve control wires and common wire under the irrigation main to one side of mainline trench. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. H. Install all 24 volt- wires in mainline trench except for distance between controller and mainline pipe location. I. All field repair splices shall be made using Scotch -Lok No 3500 or DBY connector sealing packs, or approved equivalent. Each individual wire splice requires on connector sealing pack. - J. All in the field low voltage wire splices shall be made in a valve box as described within these specifications or in the pedestal of the field controller. K. When more than one wire is placed in the same open trench wires shall be bundled and taped together using black electrical tape. L. Provide an expansion coil of 8' to 10' of wire or cable at each change in direction along the wire routing, where wire is direct buried in a trench. Provide an expansion coil of 4' to 6' of wire every 1000' of straight wire run. Coil diameter to be 24" to 30". Do not tape restrain the wire coil. Lay the wire coil flat in the trench. M. Provide an expansion coil of 8' to 10' of wire or cable at each side of a road crossing. Coil diameters to be 24" to 30". Do not tape restrain the wire coil. Lay the wire coil flat in the trench. N. All wire passing under existing or future paving, or construction, shall be encased in plastic conduit extending at least 24" beyond edges of paving or construction as indicated on the irrigation plans or elsewhere in these specifications. O. The 24 VAC low voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. 3.07 PROVISIONAL ACCEPTANCE A. 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 inspection. 3.08 FINAL ACCEPTANCE A. Final Acceptance: Final acceptance shall be done in accordance with General Requirements, Contract close -out (when applicable to this contract). "Record" Irrigation Drawings: Record drawings shall be delivered to the Project Manager and the Landscape Architect before final acceptance of work. 3.09 WARRANTY A. 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. GC- CA -J -11 2/5/2002 8:38 AM 1 �82'41 B. 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 guaranty- warranty in an expedient manner. C. The Owner retains the right to make emergency repairs without relieving the Contractor's guaranty obligation. In the event the Contractor does not respond to the Owner's request for repair work under their guaranty- 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. D. 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. E. Instruction: After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system. 3.10 Bid Award A. Award shall be made to the lowest, qualified and responsive bidder with lowest total price for Phase I, and II meeting the Bid specifications. A Notice to Proceed shall be issued upon execution of the contract for Phase I. A Notice to Proceed will be issued for Phase II in September - October 2001 or April 2002. The contractor shall commence construction within seven days of the issuance of the Notice to Proceed. GC- CA -J -12 2/5/2002 8:32 AM EXHIBIT K PE_ GC- CA -K -1 2/4/2002 4:55 PM 1582' EXHIBIT STANDARD DETAILS GC- CA -L -1 2/4/2002 4:55 PM EXHIBIT M PLANS AND SPECIFICATIONS 2/4/2002 4:55 PM 1 16B 3 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 N • i ` DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF OCTOBER 25, 2002 WORK ORDER # SC -02 -45 « 16C 1 General Contractors Services" Contract #99 -3025, dated February 22, 2000 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: Project: NCRWTP HVAC Noise Abatement Enclosure The work is specified in the proposal from Surety Construction Company, dated February 28, 2002 and the M &E agreement letter of February 8, 2002, signed by Surety, which are attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # SC -02- 45 is assigned to Surety Construction Company. (Firm Name) Scope of Work: Task I: Complete the NCRWTP HVAC Noise Abatement Enclosure work completely per plans and specifications as designed by engineering firm, Metcalf & Eddy, Inc., and Surety's proposal of February 28, 2002. Schedule of Work: Complete within 90 days. Liquidated Damages: $500 /day for not achieving Substantial Completion and $100 /day for not achieving Final Completion. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I - $61,000.00 TOTAL FEE $61,000.00 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: ---------------------------------- - - - - -- – -- Peter Schalt, PMP, PUED Project Manager Date REVIEWED BY: Paul Mattausch, Water Directo AT, -OT: vvig f ".E': Rroci -. Clerk Clerk Date: 7/ Attest as to Clwjrll M- &,, ATTE`" <. si"Awa all, (Corpo afe retf L ype Name and Title ,tom �l;;� -rC 144 (or) Witnesses (2) (1) Signature (Print Name) Approved as to Form and Legal Sufficiency: Assistant County Attorney Date BOARD OF COUNTY COMMISSIONERS COLLIER COU �• _ _ SURETY CONSTRU TI N CO. —�rBy: Signat vroe a d le tS" lt�✓ (2) Signature (Print Name) CSURETY CONSTRUCTION 16C 1 COMPANY February, 28 2002 METCALF & EDDY, INC. TWO SUN COURT SUITE 200 NORCROSS, GEORGIA 30092 ATTN: DAN HUGGINS REF: NCRWTP NOISE ENCLOSURE DAN, THIS LETTER SHALL SERVE AS OUR PROPOSAL FOR THE FOLLOWING SCOPE OF WORK PER YOUR DRAWINGS. THIS FIRST PRICE IS FOR THE "HVAC ENCLOSURE" THE FOLLOWING IS INCLUDED. CONCRETE STUCCO PAINTING DUMPSTER FEES INSTALL PANELS CLEAN UP SUPERVISION CORE DRILLING REMOVE STUCCO CAP CRANE RENTAL $23,500 MATERIAL QUOTE FROM IAC FREIGHT TEMPORARY TOILET PROVISIONS INCLUDED OUR PRICE FOR THIS WORK IS $61,000.00 PERMIT FEES OR DRAWINGS ARE NOT INCLUDED IN THE ABOVE COSTS. PLEASE FEEL FREE TO CALL ME IF YOU HAVE ANY QUESTIONS. SINCERELY, JEFFREY MADDOX 28441 South Tamiami Trail, Suite 109 CGC #028670 Bonita Springs, Florida 34134 CGC #031578 Telephone (941) 992 -6030 CGC #031632 FAX (941) 992 -7977 P2/25/02 MON 15:16 FAX 7704478455 METCALF & EDDY 002 FEB -25 -2002 MON 11,52 AM SURETY FAX N0. 9921,9f( r. ue ue AF64-5 Metcalf & Eddy February 8, 2002 Mr. Jeff Maddox Surety Construction Compuny 28141 South Tamiami Trail Suite L09 Bonita Springs, Ploridu 34134 Subject. North County Regional Watts Treatment Facility (NCRWTP) HVAC Noise Control Dear Mr. Maddox: 16C 1 Collier County has accepted your proposal of $61,000 (pending; Board of Collier County Commissioners approval potentially March 12. 2002) to perform the installation of the noise control panels over the HVAC enclosure at the NCRWTP. The project includes work as covered by the attached drawings and specifications. The work should be complete within 28 days after receipt of materials, or 90 days after approved shop drawings, which ever is sooner_ Liquidated damages will be $500 per day after the established date for substantial completion, and $100 per day after the established date for final completion. Substantial completion shall be considered approval of installation by the County. �,tNGl,��pg /"TC/1Pia2A�Y 7B Collier County will prepare u work order to 75 the coming days rur authorization. Please acknowledge agreement to these terms in the space below. Your company's authorized signature acknowledges that the above terms and conditions become part and parcel of your proposal dated January 3, 2002, and revised January 9, 2002. Please sign below, keep a copy for your records, and return the original to me as soon as possible. Please fax me a copy so that we can expedite the Board approval promptly. 442 - - 12Q2 N Title Please contact me or Dan Huggins if you have any questions_ Jt 1AB Sec? 7'V P e V I �''W vG C'ouu7y G ^�T2/iC•L Sincerely. METCALF & EDDY, INC. PV- Nicholas S. Cooper Project Manager Metcalf & Eddy, Ilttc. 3740 Executive Way Phone: 954- 450 -7770 Miramar, Florida 33025 Fax: 954 -450 -5100 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 * ** 2957441 OR; 3009 PG; 0777 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 04/01/2002 at 09:28AK DWIGHT E. BROCK, CLERK RIC PER 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH SIT 7240 PLOOR 6 C SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Karla St. John A married person 875102 n" Avenue N Naples, FL 34108 Bearing the date of the 17th day of December 2001, recorded in Official Record Book 2972 Page(s) 0274, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Seventy Five Dollars and No Cents ($1,275.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 50 AND 51, BLOCK 42, NAPLES PARK, UNIT NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 62761480004 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this Z,G day of fir✓ , 2002. " ""' ATTEST: BOARD OF COUNTY COMMISSIONERS- -,,DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLOROA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE Attest As 6 Cai rum 'S GOVERNING BOARD OF THE COLLIER s4an vrt, ,only. COUNTY WATER -SEWER DISTRICT Apprdve`d`'as to form and legal ROBERT ARY JAM N. COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 * ** 2957442 OR: 3009 PG: 0778 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RIC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16C2 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Lloyd L. Bowein 3361 Lunar St Naples, FL 33962 Bearing the date of the 6th day of November, 1992, recorded in Official Record Book 1769 Page(s) 000810, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Two Hundred Ten Dollars and Five Cents ($1,210.05) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, CREW'S SUBDIVISION, ACCORDING TO THE PLAT THEROF, RECORDED IN PLAT BOOK 9, PAGE 48, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 29430160009 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 2(,. day of `�� , 2002. ,,AT T ST: s; 1�11f. 1 iY E. BROCK, CLERK .e c' —r � Atts t t'.hitr ^ Signstur!e, poly Approved as -to form and legal R6BEftT ZA ARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORJOA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES N. COLETTA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 *** 2957443 OR: 3009 PG: 0779 RECORD BD in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09 :28AN DWIGHT E. BROCK, CLERK RBC FBE 6,00 Retn: COPIES 1.00 CLERK TO THE BOARD INTBROFFICB 4TH FLOOR C2 BIT 7240 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Joseph Borgia and Dawn Borgia Husband and wife Whose mailing address is 4611 Dominion Drive Naples, FL 33962 Bearing the date of the 12th day of December, 1994, recorded in Official Record Book 2011 Page(s) 1693, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Two Hundred Sixty Three Dollars and Thirty Seven Cents ($2,263.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 24, BLOCK 6, AVALON ESTATES, UNIT 1, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 22624640002 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction'tif'beni.oy action of the Board this ;z(- day of `Al, -� , 2002. ATTE`9'T:' D1NIGHT E. BkOCK, CLERK — t �s, ghiir -_ 3 � stw� d prove ,rt orm and legal l suffic ROfteRT,zAc RY BOARD OF COUNTY COMMISSIONERS- COLLIER COUNTY, FLORIDA, AS "THE . GOVERNING BODY OF ;COLLIER.:„ COUNTY AND AS EX -O�,f iCI THE j GOVERNING BOARD OF�.HE COLLIER COUNTY WATER -SEWER bfS,TRIGT ;',� .,,,: `' 11I 16C 3 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16C DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16C5 MEMORANDUM Date: March 28, 2002 To: Greg Thacker, Safety Coordinator Wastewater Administration From: Ellie Hoffman, Deputy Clerk Minutes & Records Department Re: Disaster Relief Funding Agreement Contract No. 02- RM- *2- 09 -21 -20 -016 Enclosed please find the original document, as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, March 26, 2002. Kindly forward the agreement to DCA for the required signature and return the fully executed original to the Minutes and Records Department. Thank you. Enclosure 16C5 :e Florida Department of Community Affairs Contract No. 02- RM- *2- 09 -21 -20 -016 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (the "Grantee ") and, Collier County Public Utilities (Waste Water) (the "Subgrantee "). This Agreement is - based on the existence of the following conditions: Tropical Storm Gabrielle had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 01 -268. In consequence of Tropical Storm Gabrielle, the President of the United States declared Tropical Storm Gabrielle a major disaster in the following counties: Charlotte, Collier, DeSoto, Flagler, Manatee, Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Public Assistance Program was made available to eligible applicants in the counties of Charlotte, Collier, DeSoto, Flagler, Manatee, Putnam, Sarasota, St. Johns, Hardee, Highlands, and Lee. The Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds re- quires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Subgrantees. A Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. 1 16C5 Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster. Based upon the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA -State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.C. § 5121 -5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. B. 11FEMA -State Agreement" is the agreement of October 4, 2001 between the Federal Emergency Management Agency and the State of Florida, for Disaster No. FEMA- 1393- DR -FL. ARTICLE II. APPLICABLE Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the fore- going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. FUNDING and INSURANCE. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Page 2 2 FEMA- 1393 -DR -FL 16C5 Allowable costs shall be determined in accordance with 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or de- obligate funding, thereby amending the total amount of funding. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy -five (75) percent of all eligible costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one -half of any non - Federal share for local government and private non - profit Subgrantees. As a condition of receipt of the funding, and contingent upon an appropriation by the Florida Legislature where required, the Subgrantee similarly agrees to provide any non - Federal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover Page 3 3 FEMA- 1393 -DR -FL 16C5 any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. DUPLICATION OF BENEFITS PROHIBITION. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Comptroller of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING LAWS. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and Page 4 4 FEMA- 1393 -DR -FL 16C5 .. in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation, Reviews, and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $50,600.00): 1. A Request for Advance or Reimbursement conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample Page 5 5 FEMA- 1393 -DR -FL 16C5 attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Listing upon the completion of all projects; and 5. The Project Listing and Certification specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the Project Listing and Certification that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy -five (75) percent of such costs and the nonfederal share shall be twenty -five (25) percent. As a condition of funding under this Agreement, the Grantee shall pay fifty (50) percent of the nonfederal share and Subgrantee shall pay the remaining fifty (50) percent. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon an appropriation defining the apportionment of the Page 6 6 FEMA- 1393 -DR -FL 16C5 nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds will also be funded by the Federal Emergency Management Agency. ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets Page 7 % FEMA- 1393 -DR -FL 16C5 .. the following conditions: 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its predisaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. Page 8 g FEMA- 1393 -DR -FL 16C5 40 F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; Page 9 9 FEMA- 1393 -DR -FL 16C5 , B. Office of Management and Budget Circular No. A -87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A -110, "Uniform Administrative Requirements for Grants and Other Agree- ments with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A -122, "Cost Principles for Non - Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or 2. The expiration of three (3) years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within Page 10 10 FEMA- 1393 -DR -FL 16C5 forty -five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $300,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of §§ 11.45, 216.349, and 216.3491, Fla. Stat. (2001), and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98 -502, as amended, 31 U.S.C. §§ 7501 -7507, to the extent here applicable; and 5. Office of Management and Budget Circular No. A -133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization- wide audit. Page 11 I I FEMA- 1393 -DR -FL 16C5'9 C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement in accordance with Articles XXI and XXV of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, in accordance with 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. In addition, Subgrantee shall be subject to the requirements in Page 12 12 FEMA- 1393 -DR -FL 16C5 the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or by the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the Page 13 13 FEMA- 1393 -DR -FL 16C5 . Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXIII of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, Page 14 14 FEMA- 1393 -DR -FL 16C5 interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. A. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat. (2001), the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. B. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, and that each one stands as an independent contractor in relation to the other. C. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as a consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. D. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do Page 15 15 FEMA- 1393 -DR -FL 16C5 not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due not later than thirty (30) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the Page 16 16 FEMA- 1393 -DR -FL 16C5 following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat. (2001). B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre - audit and post - audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119.07(1), Fla. Stat. (2001), that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies with respect to this Agreement that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with Page 17 17 FEMA- 1393 -DR -FL 16C5 this Agreement rests with the Subgrantee, and further agrees that noncompliance with this Agreement shall be adequate cause for the recission, suspension or termination of funding under this Agreement, and may affect its eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon the approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence the project(s) specified by this Agreement without delay. ARTICLE XXIII. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by InterNet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399 -2100 FOR THE SUBGRANTEE: Collier County Public Utilities -Waste Water 6027 Shirley Street Naples, F1 34109 ARTICLE XXIV. Designation of Agent. Subgrantee hereby designates Thomas G. Wides as its primary agent, and designates Joseph B. Cheatham as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. ARTICLE XXV. Events of Default Remedies and Termination A. Upon the occurrence of any one or more of the following Page 18 18 FEMA- 1393 -DR -FL . 1...{ . 16C5 ., events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by Congress or the Legislature, or due to any action of Page 19 19 FEMA- 1393 -DR -FL 16C5 the Office of the Comptroller or the Office of Management and Budget. B. Upon the occurrence of any one or more of the following events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXIII of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and 4. Take any other remedial actions which may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of any material fact, for the failure or nonperformance of any condition or obligation under this Agreement, or for noncompliance with any applicable legal requirement. D. Recission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of Page 20 20 FEMA- 1393 -DR -FL 16C5 -Si the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any de- obligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the recession, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for the enforcement of this Agreement or for an adjudication of the rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the recission suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should de- obligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee in accordance with this Article. Page 21 21 FEMA- 1393 -DR -FL 16C5 ARTICLE XXVI. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance or Reimbursement" 2. Attachment B "Summary of Documentation" 3. Attachment C "Quarterly Report Schedule and Instructions" Page 22 22 FEMA- 1393 -DR -FL 16C5 IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W. Craig Fugate W. Craig Fugate, Director Division of Emergency Management (Date) Public Assistance Program Program Description 02- RM- *2- 09 -21 -20 -016 Contract Number FOR THE SUBGRANTEE: Collier County Public Utilities (Waste Waterl (Subgrantee) (Name) Cn i I i-tIL CoUwh' F( 044 Chairman, Board f County ommissioners (Title) Q �l Aw► F S . Co h7F) 4/2/ Federal Employer 1D No. rrPPruvo //ti''``d��ra__LO'iuS t��:(� it �� t fMMq A# AMT -' Pis 4V S I riOtA Iq Page 23 23 FEMA- 1393 -DR -FL ATTAC11MENT A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS D"ION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement for Public Assistance Funds DISASTER # SUBGRANTEE NAME: ADDRESS: PAYMENT NO(S): PROGRAM FIPS# STATE: Florida DCA AGREEMENT # Public Assistance ZIP CODE: 16C5 TOTAL CURRENT REQUEST I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. NAME: TITLE: DATE: AUTHORIZING AGENT SIGNATURE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT S ADMINISTRATIVE COST $ TOTAL PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE DCA USE ONLY ' PW ELIGIBLE PREVIOUS CURRENT AMOUNT PAYMENTS REQUEST APPROVED FOR PAYMENT COMMENTS PW# CATEGORY % COMPLETE PW# CATEGORY % COMPLETE PW# CATEGORY % COMPLETE PW# CATEGORY % COMPLETE PW# CATEGORY COMPLETE TOTAL CURRENT REQUEST I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. NAME: TITLE: DATE: AUTHORIZING AGENT SIGNATURE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENT S ADMINISTRATIVE COST $ TOTAL PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE ATTACHMENT B 16C5 PAGE-OF----.PAGES FLORIDA DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK Applicant DCA Agreement No. FIPS No. Disaster No. PW No. Applicant's Reference No. Delivery Date of DOCUMENTATION Amounts (Warrmt. Voucher. Claim articles or List Documentation (Applicant's payroll. material out of applicart s stock applicant Applicant' Eligible Costs or Schedule No.) performance services. owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief desorption of the articles or services. TOTAL TOTAL PW A separate form will be prepared for each PIN. dft 0 r� F- U� La Z �U � z Z � ¢ d ¢ U C� O w 4t CA W z z 0 Z E- z ¢ 0 ta ct Q -v C .c V 0 o. a� x m 16C5 0 U �m U 0 a� 0 o~ o~ d ua a� ao x U cz I I a, C7 Q 0 a� U I I U dft 0.. U a. Q U � I 0 U �m U 0 a� 0 o~ o~ d ua a� ao x U cz I I a, C7 Q 0 a� U I I U dft Retn: 2956548 OR: 3008 PG: 0501 RBC FBI 10.50 CLBRB TO THB BOARD RBCORDBD in the OFFICIAL RBCORDS of COLLIIR COUNTY, FL COPIIS 2.00 INTIROFFICS 4TH FLOOR 03/28/2002 at 02:17FK DWIGHT B. BROCK, CLBRX BIT 7240 RESOLUTION NO. 2002 - 148 A RESOLUTION APPROVING SATISFACTION OF LIENS 16C6 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93 -29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93 -29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 93 -29, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 86257 Account No. 100706 This Resolution ado_otted thisaday of a� -c�.� , 2002, after motion, second and majority vote �l i * ** OR: 3008 PG: 0502 * ** ATTEST. BOARD OF COUNTY CO MISSIONERS DWIGHT E., BROCK, CLERK COLLIER CO , FL 16G6 /� BY: At rt'to:'Ct�inaaPt�s JA S N. COLETTA, CHAIRMAN Approved as to form and legal s cy: David C. VV6igel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 63857880009 * ** 2956549 OR: 3008 PG: 0503 * ** RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, 03/28/2002 at 02 :17PK DWIGHT B. BROCK, CLERK RBC FBI COPIES Retn: CLERK TO THE BOARD INTBROFFICI 4TH FLOOR 16C6 B %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Arevalo, Jesus =& Maria C 406 Washington Ave Immokalee, FL 339340000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET BILK 25 LOTS 7 -9 OR 1044 PG 728 Folio No. 63857880009 Project No. 60000 Account No. 86257 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this oZ�. -;;CZ day of 2002. f Att"t is", t6- Chairman'= iwn+tw� on ' ATTEST: BOARD OF COUNTY CO ISSIONERS DWIGHT E:: BROCK, CLERK COLLIER COUVY, FL ID JAM1rS N. COLETTA, CHAIRMAN Approved as to form and I al iency �7 ROBERT zAotARY FL 6.00 1.00 * ** 2956550 OR: 3008 PG: 0504 * ** RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 03/29/2002 at 02 :17PN DWIGHT B. BROCK, CLBRK This instrument prepared b : RBC FBI .00 1 p p Y coPlBS 1.00 Robert Zachary Retn: Assistant County Attorney CLBRK TO THB BOARD Office of the County Attorney INTBROFFICB 4TH FLOOR 16C6 3301 East Tamiami Trail BIT 7240 Naples, Florida 34112 (941)774-8400 Property Folio No. 75211120005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez Nazario =& Ernestine 1701 7th Ave Immokalee, FL 33934 -0000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNNY ACRES BILK 4 E 98FT N1 /2 OR 616 PG 1892 Folio No. 75211120005 Project No. 60000 Account No. 100706 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this -2- (- --CZ day of 2002. Attit�` �� t4 Chairman's on ATTEST: ,r BOARD OF COUNTY CO MISSIONERS DWIGHT.E:IBR6CK, CLERK COLLIER CO , FL ID By: JAM N. COLETTA, CHAIRMAN Approved as to form and le fficiency R BE T; A IKARY Retn: * ** 2956551 OR: 3008 PG: 0505 "IEC FEE 6.00 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 1.00 INTEROFFICE 4TH FLWSOL V2 N 2DVIGi14V. BROCK, CLERK E %T 1240 16C7 RESOLUTION NO. 2002 — 149 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94 -668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 851 Account No. 3751 Account No. 27054 Account No. 110408 Account No. 129156 Account No. 145907 This Resolution adopted this Z4-7tA-day of , 2002, after motion, second and majority vote. ;P li ST. c, . DWIGHT E. `ROCK, CLERK Chairua's Approved as to form and legal suffi ' y: f� - `"David C. W 'gel County Attorney • This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 0059720001 * ** 2956552 OR: 3008 PG: 0506 ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLERK RBC FIB 6.00 COPIES 1.00' CLERK 6 n CLERK TO THE BOARD ` - INTEROFFICE 4TH FLOOR �V p BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gross, Christopher B Rhonda M Gross 1202 New Market Rd Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 LOT 1 OF UNREC TRAFFORD FARMS DESC AS FOLL, COMM NE CNR SEC 36, W 3994.03FT TO POB, S 660.78FT, E 333.04FT, N 661.08FT, W Folio No. 0059720001 Project No. 61000 Account No. 851 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfkg1ion. of Lien, by action of the Board thisa?ay of . ttee.t. &s t -0`,Shairnan's ATTEST:.' BOARD OF COUNTY CO ISSIONERS r � DWIG T t:- 3RQCK, CLERK COLLIER COqXyY, FL ID .' By: JAM N. COLETTA, CHAIRMAN Approved as to form and ZZA60ARY ency This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 00081960004 * ** 2956553 OR: 3008 PG: 0507 * ** RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, 03/28/2002 at 02 :17PK DWIGHT B. BROCK, CLERK RBC FBI COPIES Retn: CLERK TO THE BOARD 16C7 INTEROFFICE 4TH FLOOR BIT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hernandez, Jose J =& Maria V P O Box 251 Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 32 46 29 UNREC LOT 30 DESC AS; N 120FT OF E 140FT OF W 440FT OF S 880FT OF E3/4 OF SW1 /4 OF SW1 /4 OR 1816 PG 70 Folio No. 00081960004 Project No. 61000 Account No. 3751 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ZG,,day of ` MA-44. �6' 2. as t� ' h� t rman ' s "S p4tw a on)r��, ATTEST': BOARD OF COUNTY COMMISSIONERS DWIGHT ". B90CK, CLERK COLLIER C05Q�, FLO D Approved as to form and lega iency �---� 0i13:11.4lAliyIl Lf /// 2 1 I. .r- FL 6.00 1.00 ..: ;' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 24477680000 * ** 2956554 OR; 3008 PG; 0508 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 03128/2002 at 02:17PN DWIGHT B. BROCK, CLERK RBC FBI COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH B%T 7240 TISFACTION OF LIEN FLOOR 16C? KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bilyeau, Barbara M 1123 rd St Bonita Springs, FL 339230000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BONITA SHORES UNIT 1 BLK 7 LOT 1 OR 1528 PG 1195 Folio No. 24477680000 Project No. 61000 Account No. 27054 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this -2A-)t4day of `7�4UA-� , 2Q02'.. Attest _ as to "� ha i rwan - s 3 toatw-e on J' ATTEST: BOARD OF CO TY CO MISSIONERS DWIGHT E, jBROCK, CLERK COLLIER CO)dyY, F JAM S N. COLETTA, CHAIRMAN Approved as to form and legal iciency� ROBER ARY FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 62150560302 * ** 2956555 OR: 3008 PG: 0509 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PN DWIGHT B. FROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16C7 BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yrey, Oscar E =& Juana P O Box 299 Rahway, NJ 070650000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BLK 2 LOT 8 OR 1475 PG 1513 Folio No. 62150560302 Project No. 61000 Account No. 110408 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 26;0-day of � 2QO2.E Atiest as '£q,. Chair's istrrt,Ml�. ATTEST: BOARD OF CO TY CQJAMIWION RS DWIGHT;. B *OCK, CLERK COLLIER �. �e By. JAM S N. COLETTA, CHAIRMAN Approved as to form and legal ffliciency ROIJERt ZAP44ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 65121120008 * ** 2956556 OR: 3008 PG: 0510 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLERK RBC FIX COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN 16C7 KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rhodes, Eva 801 Palm Ridge Dr Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 1 LOT 28 OR 252 PG 334 Folio No. 65121120008 Project No. 61000 Account No. 129156 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Sati19fFabtign of Lien, by action of the Board this ;z4,---day of '2002. Attest As 'to Cha iran': S1, a erly i ATTEST: BOARD OF COLIAITY CO MISSIONERS DWIGFIT:E. BROCK, CLERK COLLIER CO Y, FL ID .. ,,11� By: /�'� JAM N. COLETTA, CHAIRMAN Approved as to form and ciency RO ERT ZWARY FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941)774-8400 Property Folio No. 75211120005 * ** 2956557 OR: 3008 PG: 0511 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PN DWIGHT B. BROCK, CLERK RBC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16C? E %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Nazario =& Ernestine 1701 7th Ave Immokalee, FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNNY ACRES BLK 4 E 98FT N1 /2 OR 616 PG 1892 Folio No. 75211120005 Project No. 61000 Account No. 145907 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ;zG ay of ;),)�� 2002 � r, r, Attest as ib „Chairin's :: s i gn4"rt, M`ii- ATTEST: = DWIGHT E,.;,BRGCK, CLERK Approved as to form anyd- �a ,suf igiency ROBERT ZAJOHARY RESOLUTION NO. 2009-150 16C8 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 165 2956558 OR: 3008 PG: 0512 Account No. 21966 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Account No. 24989 03/28/2002 at 02:I7PK DWIGHT B. BROCK, CLERK RBC FBI 10.50 Account No. 25522 COPIES 2.00 Account No. 28891 Retn: Account No. 30067 CLERK TO THE BOARD Account No. 30070 INTEROFFICE 4TH FLOOR BIT 1240 This Resolution adopted this aGA day of'A 4A 2002, after motion, second and majority vote. * ** OR: 3008 PG: 0513 * ** ATTEST; BOARD OF COUNTY COMMISSIONE .DWIGHT'E. BROCK, CLERK COLLIER COUNTY, FLORIDA f6 C8 G2 BY: �ts t? chi S JAMIfS N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: avid C. igel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 0059720001 * ** 2956559 OR: 3008 PG: 0514 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PN DWIGHT B. BROC1, CLERK RBC FBI 6.00 COFIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16C8 317 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gross, Christopher B Rhonda M Gross 1202 New Market Rd. Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 LOT 1 OF UNREC TRAFFORD FARMS DESC AS FOLL, COMM NE CNR SEC 36, W 3994.03FT TO POB, S 660.78FT, E 333.04FT, N 661.08FT, W Folio No. 00059720001 Project No. 63000 Account No. 165 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 24 day of-A-&--ev , 2002. Attestr,.ps: to Chair" S iN ...ATTEST-,.' BOARD OF COUNTY COMMISSIONERS DWIGHT:. BROCK, CLERK COLLIER COUN FLOR A JAMEJW. COrETTA, CRAIMA Approved as to form and legal sufficiency ROBERT HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62150560302 * ** 2956560 OR: 3008 PG: 0515 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PH DWIGHT B. BROCK, CLERK RIC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR � � BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yrey, Oscar E =& Juana P O Box 299 Rahway, NJ 070650000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BILK 2 LOT 8 OR 1475 PG 1513 Folio No. 62150560302 Project No. 63000 Account No. 21966 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this z4 day of "­�es , 2002. Attest es to Chainntn's si �atY�`l,r�0� ^1 y • AIT.EST , 'DWIGHT E.13RO.CK, CLERK Approved, as'fo form and legal sufficiency ROBERT ZACHARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 63857880009 * ** 2956561 OR: 3008 PG: 0516 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 1,6 C8 BIT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Arevalo, Jesus =& Maria C 406 Washington Ave Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET BILK 25 LOTS 7 -9 OR 1044 PG 728 Folio No. 63857880009 Project No. 63000 Account No. 24989 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .11- day of iho . <✓ , 2002. sl trice, "1y: -ATTEST: \ =; ,' BOARD OF COUNTY COM ISSIONERS -DWIGHT_E. �fkOCK, CLERK COLLIER COU FLO D : By JAM N. COLETTA, CHA MAN Approved as to form and legal sufficiency :9E '116-4 �7 RO ERT ZA6HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 65121120008 * ** 2956562 OR: 3008 PG: 0517 * ** RBCORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02 :17PK DWIGHT B. BROCK, CLERK RIC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 47H FLOOR C 8 EYT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rhodes, Eva 801 Palm Ridge Dr Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 1 LOT 28 OR 252 PG 334 Folio No. 65121120008 Project No. 63000 Account No. 25522 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this zG day of 2002. Chairma-s ., sfi��talln°t d�:1y. ' ..A'tTESfi, K BOARD OF COUNTY COM ISSIONERS ;DWIGI4-T" E, %BROCK, CLERK COLLIER COU , FLO A r 1d By: JAMS COLETTA, CHAT MAN Approved as to form and legal sufficiency ---7 IZ-4 f� ROBERT ZAtHARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 75211120005 * ** 2956563 OR: 3008 RECORDED in OFFICIAL RECORDS of 03/2812002 at 02:17PN DWIGHT B. Retn: CLERK TO THE BOARD INTEROFFICE 47H FLOOR E %T 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY PG: 0518 * ** COLLIER COUNTY, FL BROCK, CLERK RBC FIB 6.00 COPIES 1.00 16C8 COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Nazario =E Ernestine 1701 7th Ave Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNNY ACRES BLK 4 E 98FT N1 /2 OR 616 PG 1892 Folio No. 75211120005 Project No. 63000 Account No. 28891 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 2(- day of 12002. Atuit')iii to Cha11 man' s ,stgn�w�e only. /ATTEST: -. DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUN Y COMMISSIONERS COLLIER COUP11054 FLO A By: JAME N. COLETTA, CHAI AN ^7 R BERT ZA RY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 81680840007 * ** 2956564 OR: 3008 PG: 0519 * ** RICORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL 03126/2002 at 02:17PK DWIGHT B. BROCK, CLERK RBC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16C8 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dela Rosa Jr, Andres =& Gloria 218N3`dSt Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: FRED WHIDDENS BILK 2 LOT 17 OR 813 PG 1780 Folio No. 81680840007 Project No. 63000 Account No. 30067 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .2-6. day of 2002. Attaa,t .�� w Chairw's sib, Mlr. ATTEST: DWIGHT, E.-BROCK, CLERK r Approved as to form and legal sufficiency ROBERT ZACHARY l �� • ♦ 1 1 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 81680880009 * ** 2956565 OR: 3008 PG: 0520 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLERK REC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 1" 7240 16C8 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dela Rosa Jr, Andres =& Gloria 218N 3rd St Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Six Dollars and Four Cents ($206.04) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: FRED WHIDDENS BLK 2 LOT 18 OR 813 PG 1780 Folio No. 81680880009 Project No. 63000 Account No. 30070 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 24. day of 2002. Attest as to Chair'tan'f Si, awe only. ATTEST' DWIGHT. E-- ROCK, CLERK Approved -as to form "and legal sufficiency ROBERT ZACIiARY • • In* • , ' • . . • , 16C9 RESOLUTION NO. 2002 -151 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95 -475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 181 Account No. 628 Account No. 3230 Account No. 12027 Account No. 12917 Account No. 20802 Account No. 24028 Account No. 27025 Account No. 27371 2956566 OR: 3008 PG: 0521 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLBRK RBC FBI 10.50 COPIES 2.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR IXT 7240 This Resolution adopted this 24;es, day of `�ha�tis�✓ second and majority vote. 2002, after motion, ATTEST: DWIGHT E.,iP) LOCK, CLERK m Atilt sr. Ctrajf!3 3 gi;ot Approved as to form and I sufficie y: David . W I County Attorney * ** OR: 3008 PG: 0522 * ** BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 6 9 BY: 4414W JAME N. COLETTA, CHAIRMAN j /z4. /i This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 00059720001 * ** 2956567 OR: 3008 PG: 0523 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PN DWIGHT B. BROCK, CLERK REC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16C9 B %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gross, Christopher B Rhonda M Gross 1202 New Market Rd. Immokalee, FL 339340000 The Lien was recorded on the 14'h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 LOT 1 OF UNREC TRAFFORD FARMS DESC AS FOLL, COMM NE CNR SEC 36, W 3994.03FT TO POB, S 660.78FT, E 333.04FT, N 661.08FT, W Folio No. 00059720001 Project No. 64000 Account No. 181 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. II��TNESS WHEREOF, the Board of County Commissioners of Collier County, <; FIorida;'hacting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 2 day of `1►�a�ec✓ , 2002. Ate' -:►s Au Cha i rma's F: 1 VrW only* ATTEST -,'` BOARD OF COUNTY COMMISSIONERS ;DWIGt`ii E. BROCK, CLERK COLLIER COU FLOVDAel Approved as to form and le iciency/ --� ROBERT 2MHARY s. a I CJ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 00081960004 * ** 2956568 OR: 3008 PG: 0524 * ** RECORDED in OFFICIAL RECORDS of COLLIER CODNTY, FL 03/28/2002 at 02:17PN DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BI BgT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hernandez, Jose J =& Maria V P O Box 251 Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 32 46 29 UNREC LOT 30 DESC AS: N 120FT OF E 140FT OF W 440FT OF S 880FT OF E3 /4 OF SW1 /4 OF SW1 /4 OR 1816 PG 70 Folio No. Project No. Account No 00081960004 64000 628 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Floridp,�acting through its Chairman, directs execution and recording of this 1 Otis ab ron of Lien, by action of the Board this zG day of 2002. to 041rMIiA: A17EST: , BOARD OF COUNTY CO MISSIONERS DWIGHT, 'BROCK, CLERK COLLIER CO Y, FL ID By JAM S N. COLETTA, CHAIRMAN Approved as to form an ,77iency RO'BEIRT ZAnARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 01132680009 * ** 2956569 OR: 3008 PG: 0525 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03128/2002 at 02 :17PN DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16C9 BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Costin, Namon 15977 Jane Senic Dr Copeland, FL 339260000 The Lien was recorded on the 14'" day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 13 52 29 TRACT H -6 DESC AS: COMM E1/4 CNR SEC 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT, N 52 DEG W 134.40FT, N 64 DEG E 27.95FT, N 35.45FT, Folio No. 01132680009 Project No. 64000 Account No. 3230 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of *'* � , 2002. Mpg � C�hair"n ! °'ATTEST:. ", BOARD OF COUNTY COM19ISSIONERS i DQG4 T E. _ROCK, CLERK COLLIER COU FLO A s. F i /1�� By JAMES . COLETTA, CHAIRMAN Approved as to form and iency RO E T ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 37697360003 * ** 2956570 OR: 3008 PG: 0526 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLERK RBC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD 16C9 INTEROFFICE 4TH FLOOR SIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gatt, Jeffrey A =& Monica L 42 Lake Diane Dr Naples, FL 339610000 The Lien was recorded on the 1411 day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 22 N 15OFT OF 102 OR 1689 PG 1036 Folio No. Project No. Account No 37697360003 64000 12027 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this tii ",s giibP kAP kwiction of the Board this day of iti-44c&,/ , 2002. Sig'"tturt, o91r. ATTEST: = BOARD OF COUNTY CO ISSIONERS DWIGHT, :' BROCK, CLERK COLLIER CO , FL ID BYd- JAMES N. COLETTA, CHAIRMAN Approved as to form and al iency ROIBERT ZAOPIARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 38107760008 * ** 2956571 OR: 3008 PG: 0527 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17FK DWIGHT B. BROCK, CLERK RBC FBB 6.00 COFIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16C9 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jenkins, Daniel W =& Saskia P 1253 Pine Ct Naples, FL 339400000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT #29 S 180FT OF TR 80, OR 1297 PG 1701 Folio No. Project No. Account No. 38107760008 64000 12917 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 24 day of '7)\s -4-eA-,1, 2002. Attest s#`to.C11mirmtn's siOature only, ATTEST: BOARD OF COUNTY CO MISSIONERS 'DWIGHT E. BROCK, CLERK COLLIER CO Y, FL ID By JAM N. COLETTA, CHAIRMAN Approved as to form i'ciency� ROBE T HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 62150560302 * ** 2956572 OR: 3008 PG: 0528 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLERK RIC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 1240 16C9 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yrey, Oscar E =& Juana P O Box 299 Rahway, NJ 070650000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BILK 2 LOT 6 OR 1475 PG 1513 Folio No. Project No. Account No 62150560302 64000 20802 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfar,tigp,of Lien, by action of the Board thisa-2�- day of 2002. Attest as` tip `Chairman ' s si�st�re ona.y. ATTEST: BOARD OF COUNTY CO MISSIONERS By DWIGHT E. BROCIR, CLERK COLLIER CO Y, FL ID rr JAM N. COLETTA, CHAIRMAN Approved as to form an e iciency,� R BE T HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 65121120008 * ** 2956573 OR: 3008 PG: 0529 * ** RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2001 at 02 :17PN DWIGHT B. BROCK, CLERK RIC FBB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTBROFPICB 4TH FLOOR 16C9 8 %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rhodes Estate, Eva % Clara Williams 801 Palm ridge Dr Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 1 LOT 28 OR 252 PG 334 Folio No. Project No. Account No 65121120008 64000 24028 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction f Lien, by action of the Board this :;?)r- day of `1�•�•� -e,�� 2002. Attest , as to , ha main s siwt�e only- ATTEST: BOARD OF COUNTY CO MISSIONERS DWIGHT E. BROCK, CLERK COLLIER CO Y, FL ID By JAM N. COLETTA, CHAIRMAN Approved as to form an iency�.. -� R BERT HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 74411600009 * ** 2956574 OR: 3008 PG: 0530 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PK DWIGHT B. BROCK, CLBRR RBC FBI 6.00 COPIES 1,00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR BIT 7240 16C9 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Victor J =& Haydee 2707 N George Mason Dr Arlington, VA 222070000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HGTS BLK C LOT 1 OR 861 PG 68 Folio No. Project No. Account No 74411600009 64000 27025 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this at sfaCi�'� ' f ien 4 action of the Board this a�G day of �e�./, 2002. A� rani rain serrature only. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. B,ROGK, CLERK COLLIER CO TY, FL ID • �%� By JA N. COLETTA, CH RMAN Approved as to form and legalsuffirie.,ncy � RO E T ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 75211120005 * ** 2956575 OR; 3008 PG; 0531 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/28/2002 at 02:17PN DWIGHT E. BROCB, CLERK REC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD 16C9 INTEROFFICE 4TH FLOOR E %T 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Nazario =& Ernestine 1701 7th Ave Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNNY ACRES BILK 4 E 98FT N112 OR 616 PG 1892 Folio No. 75211120005 Project No. 64000 Account No. 27371 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of `lea. 2002. Attrt,..att � to, CM 11 run _ s tA±ltrrre rn 1 Y. a7TEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BF�OCK, CLERK COLLIER CO U FLO ID By JAM N. COLETTA, CHA MAN Approved as to form and I iency �7 R BET ARY 16CIO RESOLUTION NO. 2002- 152 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 217 Account No. 534 Account No. 783 Account No. 3489 Account No. 3816 Account No. 4323 Account No. 7139 Account No. 13437 Account No. 15024 Account No. 16405 Account No. 22075 Account No. 28370 Account No. 28561 2957444 OR: 3009 PG: 0780 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 04/01/2002 at 09 :28AK DWIGHT B. BROCK, CLERK RBC FBI 10.50 Retn: COPIIS 2.00 CLERK TO THE BOARD IRTIROFFICB 4TH FLOOR B %T 1240 16C10 * ** OR: 3009 PG: 0781 * ** This Resolution adopted this 24 day of ✓ 2002, after motion, second and majority vote. DATE ' � ��- �-�'G� .2•ooZ ATs 01V'VICHT E. Bf�flCK, CLERK r ' f s� Athol is tc`° Ctia i main' s s &XJJ�s to form and legal suffi y: f7 David C. 1 igel County Attorney BOARD OF • • COLLIER COUNTY, FLORIDA /�/ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00059720001 16CI 0 * ** 2957445 OR: 3009 PG: 0782 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCI, CLERK RBC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gross, Christopher B Rhonda M Gross PO Box 5225 Immokalee, FL 341435225 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 36 46 28 LOT 1 OF UNREC TRAFFORD FARMS DESC AS FOLL, COMM NE CNR SEC 36, W 3994.03FT TO POB, S 660.78FT, E 333.04FT, N 661.08FT, W Folio No. 00059720001 Project No. 65000 Account No. 217 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisA(. day of aA-cA /, 2002. %t%6t, as to Chairun's _ S14w -orR M11 A'TTESf. _ bwliGHTI) BfJOCK, CLERK 1 Approved,as to form and legal`sufficiency ROBERT ZAeH RY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00073240004 * ** 2967446 OR: 3009 PG: 0783 **1 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR j _ 1 0 BIT 7240 v SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Santana, Benny =& Mary 3111 Westclox St Immokalee, FL 341422039 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Fifteen Dollars and Eighty Seven Cents ($315.87), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 31 46 29 BEG NE CNR SEC 31, WLY ALG N BDYOF SEC 31 690FT TO POB, CONT W 100FT, S 220FT, E 100FT, N 220FT TO POB .51 AC OR 1083 PG 2062 Folio No. 00073240004 Project No. 65000 Account No. 534 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ;zG day of , 2002. A'P44X s to Chairman's ATTF, S T : BOARD OF COU TY COP§MISSIONERS DWIdHT E�$RiOCK, CLERK COLLIER CO FL ID 4442t��Al By:_ JAMES N. COLETTA CHAIRMAN Appr6*d' as to form and Alegal sufficiency R O'B ERT Z A Y This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00081960004 *** 2957447 OR; 3009 PG; 0784 ** RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 Retn: COPIES 1,00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16CIo SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hernandez, Jose J =& Maria V PO Box 251 Immokalee, FL 341430251 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 32 46 29 UNREC LOT 30 DESC AS; N 120FT OF E 140FT OF W 440FT OF S 880FT OF E3 /4 OF SW1 /4 OF SW1 /4 OR 1816 PG 70 Folio No. 00081960004 Project No. 65000 Account No. 783 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this S faction of Lien, by action of the Board this 7.G day of �h.�.�.�/ , 2002. "ham ' Attest-as to Chi t man ' s on 1 y ATTE� BOARD OF COUNTY COMMISSIONERS DWI G BROCK, CLERK COLLIER COW Y, FL ID r .;ate /� By: �_ ," JA N. C AN Approved as to form and legal sufficiency �7 R BERT ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 01132680009 * ** 2957448 OR: 3009 PG: 0785 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR B %T 1240 16CIO SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Costin, Namon 15977 Jane Senic Dr Copeland, FL 339269999 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 13 52 29 TRACT H -6 DESC AS: COMM E1 /4 CNR SEC 13, N 68 DEG W 987.57FT, S 42 DEG W 37FT, N 52 DEG W 134.40FT, N 64 DEG E 27.95FT, N 35.45FT, Folio No. 01132680009 Project No. 65000 Account No. 3489 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .�- day of 2002. A Chairman's , s�gs�sre ort7 y . ATTEST: �DWI'GHT E.;2GK, CLERK Approved as to form and legal sufficiency ROBERT Z#CHARY BOARD OF COUNTY COM ISSIONERS COLLIER COU , FLO A By: JAME COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 53350280006 * ** 2957449 OR: 3009 PG: 0786 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DNIGNT B. BROCK, CLERK RBC FIR 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD 16CIo INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: George, Ronald K 4064 Fullmoon Ct Naples, FL 341126204 The Lien was recorded on the 8th day of August, 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty One Dollars and Forty Five Cents ($51.45) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOT 9 OR 1375 PG 1665 Folio No. 53350280006 Project No. 65001 Account No. 3816 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this �4 day of , 2002. Att•st as too Chairman's s t -gnato ra sell. ATTE,S't: DNA IGHT,E;; BROGK, CLERK 0 f Jam✓ f`M /l /A /j App "roved 6'9-to form and -legai s.uffielency RObERYZAXHARY :MITI :4 NX01 2 wel • - This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 57360920006 * ** 2957450 OR: 3009 PG: 0787' RECORDED iR OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT E. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn; CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16CIO BIT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dillashaw, Katherin A 194 Greenbrier Marco Island, FL 341453440 The Lien was recorded on the 8th day of August, 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Seven Dollars and Seventeen Cents ($77.17) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MARCO BCH UNIT 6 BILK 223 LOT 14 OR 2025 PG 1983 Folio No. 57360920006 Project No. 65001 Account No. 4323 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 24 day of It,i,�tc�../ , 2002. Attest} as to Chairman's t G' AT,?1`EST: BOARD OF COUNTY COMMISSIONERS DWIGHT, E:, BROCK, CLERK COLLIER COU.N7, FLO A Z B X4y MAN � roy e&as to form and legal-'sufficiency f7 ROBER ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 35741440004 * ** 2957451 OR: 3009 PG: 0788 * ** RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RIC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16CIO SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Thompson, Jr, Leslie E =& Debra 450222 nd PL SW Naples, FL 341166308 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 17 LOT 10 OR 1283 PG 1736 Folio No. 35741440004 Project No. 65000 Account No. 7139 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execytion and recording of this Satisfaction of Lien, by action of the Board this ?.�- day of mss✓ 2002. Attod as to Cha 1 nan' s ' s�w^sr, iy. SATTEST-- `�'.. BOARD OF COUN Y COMMISSIONERS DOAGHT E': -,BRQCK, CLERK COLLIER COU FLO A Vlf2n�n, QS BY: 54 JAME N. COLETTA, CHAIRMAN Approved, as to form and legal sufficiency RO ERT C ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 38107760008 * ** 2957452 OR: 3009 PG: 0789 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/1002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 f6clu P 1,00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BYT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jenkins, Daniel W =& Saskia p 1253 Pine Ct Naples, FL 341025170 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT #29 S 180FT OR TR 80, OR 1297 PG 1701 Folio No. 38107760008 Project No. 65000 Account No. 13437 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.;6 day of 7X-&A4 A✓ , 2002. Attest as to Chairman's sig,natwe only. DWIGHT E,,Bk(?CK, CLERK e A,p roved''as to.form art8)gggl sufficiency ROBERT ZACHARY :1 VON L This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 40470400009 * ** 2957453 OR: 3009 PG: 0790 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT E. BROCK, CLERK RBC FEB 6.00 COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR C 10 E %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Falcon, Jaime =& Rosario 6680 NW 38TH Ter Virginia Gardens, FL 331666930 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 73 TR 10 OR 967 PG 96 Folio No. 40470400009 Project No. 65000 Account No. 15024 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this SatisfactioViLie ,�ction of the Board this 7� day of �,/ , 2002. Attest as signature ar1y. ATTI , BOARD OF COVNTY CO IS TONERS DWL.GH'I rE. BROCK `CLERK COLLIER JAMES N. COLETTA, CHAIRMAN Approved, as .to,form and legal sufficiency �7 ROBER ZA RY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 45965520004 * ** 2957454 OR: 3009 PG: 0791 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FIR 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16CIO SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jenkins, Joanne E 2280 21St St SW Naples, FL 341174606 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 195 S 180FT OF TR 65 OR 1202 PG 1517 Folio No. 45965520004 Project No. 65000 Account No. 16405 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 2 G day of `i?c,l✓ , 2002. Attest as to Chairman's s t��t�Fy,on.l y. r DWIGHT.g. BPOCK, CLERK "'Approved ,as•to form and' legal sufficiency ROBERT ZAcCIHARY BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FL ID By: JAMCP9 N. COLETTA, CHATRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62150560302 * ** 2957455 OR: 3009 PG: 0792 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2001 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 COFIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR SIT 7240 16no SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stone Corp Inc 2500 Airport Rd S Naples, FL 341124883 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BLK 2 LOT 8 Folio No. 62150560302 Project No. 65000 Account No. 22075 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. Att"t' , A, Cha 1 roan's 31 �lTTl1S7 BOARD OF COUNTY COMMISSIONERS - :DWIGHT E. BROCK, CLERK COLLIER C TY, F RI JA S N. COLETTA, C AIRMAN Approved as to form and legal sufficiency ROBER ZA RY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 74411600009 * ** 2957456 OR: 3009 PG: 0793 **1 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RIC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR BIT 1240 16CIO SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Victor J =& Haydee 2707 N George Mason Dr Arlington, Va 222071748 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HGTS BLK C LOT 1 OR 861 PG 68 Folio No. 74411600009 Project No. 65000 Account No. 28370 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this z 4. day of '7� , 2002. Atte$t.is .to Chairman-1 S fair, BOARD OF CO TY CO MISSIONERS ,5 DWIGHT E.:BR6 K, CLERK COLLIER C � FL Rlf By: ;. JAM S N. COLETTA, CHAIRMAN A0`pfoved 'as to form and legal sufficiency RO ERT Z CHARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 75211120005 * ** 2957457 OR: 3009 PG: 0794 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR BYT 7240 16Clo SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Nazario =& Ernestine 1701 7t" Ave Immokalee, FL 341422701 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNNY ACRES BLK 4 E 98FT N1/2 Folio No. 75211120005 Project No. 65000 Account No. 28561 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this SSatisfaction of Lien, by action of the Board this 24 day of J , 2002. �;tta�t�,,,�s 10 C>ba iron s .ATTEST: ' ;','DwIGH-T, E.= CROCK, CLERK Approved as to form and legal sufficiency ROBERT ZAPIARY BOARD OF COUNTY COMMISSIONERS COLLIER COqUO7, FLO D By: JAM N. COLET A, CHA MAN 3.6 01 RESOLUTION NO. 2002- 153 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000 -237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 615 Account No. 657 295 7n FFICIAL OR: 009 PG: 0795 Account No. 6499 RECORDED RECORDS COLLIER COUNTY, FL Account No. 7553 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK Account No. 8510 RBC FBI 10.50 Account No. 13903 COPIES 2.00 Account No. 14957 Retn: Account No. 16913 CLERK TO THE BOARD Account No. 19596 INTEROFFICE 4TH FLOOR Account No. 19871 SIT 1240 Account No. 24316 Account No. 27818 Account No. 28930 Account No. 30449 Account No. 31480 16C11 * ** OR: 3009 PG: 0796 * ** This Resolution adopted after this -;z �- day of 2002 after motion, second and majority vote. DATED: MAR 2 6 2002 ATTE19T: IG.HT E`. 'BROCK, CLERK Attest U Chairman -f st •.a,r: Approved as to form and le _ y: David C. igel County Attorney I ' Kole] IS MA 1 � "T This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00081400001 16C11. * ** 2957459 OR: 3009 PG: 0797 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B%T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lee, Albert=& Margaret M PO Box 195 Immokalee, FL 341430195 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 3246 29 UNRECD LOT 23 DESC AS: COMM SW CNR SEC 32, ELY 490.55FT, NLY 1160FT, ELY 550FT TO POB, ELY 120FT, SLY 140FT, WLY 120FT, NLY 140FT Folio No. 00081400001 Project No. 66000 Account No. 615 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of %# f ,ction of Lien, by action of the Board this ?G_ day of 2002. 1it�st 60;, Chairman, ! s.in�te, on }, .ATTE.S7t`; BOARD OF COU Y COM ISSIONERS °[)V?JIGHT�E,-BROCK, CLERK COLLIER CO FLO D By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency �7 i ROBERT ZA HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00081960004 16C11 * ** 2957460 OR: 3009 PG: 0798 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hernandez, Jose J =& Maria V PO Box 251 Immokalee, FL 341430251 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 32 46 29 UNREC LOT 30 DESC AS; N 120FT OF E 140FT OF W 440FT OF S 880FT OF E3/4 OF SW1 /4 OF SW1 /4 OR 1816 PG 70 Folio No. 00081960004 Project No. 66000 Account No. 657 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this :2 S- day of `71�aa �,r✓ , 2002. Att*at st.,o Chairman's 31gr,t.4? Y • f ;ATTEST: '�., f':, BOARD OF COUNTY COM ISSIONERS �`='i"D /IGHT'E BROCK, CLERK COLLIER COU FLO A JAM ff N. COLETTA, CHAT MAN A'P Proved"iis to form and legal sufficiency ROBERT zAtHARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 30681480006 16C11 * ** 2957461 OR: 3009 PG: 0799 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RIC FIR 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nunez, Micaela =& Pedro G 1421 Apple St Immokalee, FL 341422128 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: EDEN PARK BLK 2 LOT 11 OR 1061 PG 707 Folio No. 30681480006 Project No. 66000 Account No. 6499 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 24, day of 71�..J , 2002. CAain&n -S 1P, 5�ATI`EST: to BOARD OF COUNTY COMMISSIONERS OWIGHT E. BROOK, CLERK COLLIER CO U , FLO A - - By: JAM N. COLETTA, CHArRMAN Apprroved''as to form and legal sufficiency ROBERT C ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 35741440004 16C11 * ** 2957462 OR: 3009 PG: 0800 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Thompson Jr, Leslie E =& Debra 450222 nd PI SW Naples, FL 341166308 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 17 LOT 10 OR 1283 PG 1736 Folio No. Project No. Account No 35741440004 66000 7553 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this z(- day of , 2002. Attest at ta;CAairman's S fgndtk, ". 6011,„ ;ATTEST: BOARD OF CO TY CO MISSIONERS D1n64,6HT E. OROCK, CLERK COLLIER Co)dvy, FL ID By: JA S N. COLETTA, CHAIRMAN Approved ..,As'to form and legal sufficiency ROBERT CHARY FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 35988320000 169 12957463 OR: 3009 G: 01 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stephenson, Marc E =& Mary E 273647 th Ter SW Naples, FL 341167713 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 3 BLK 88 LOT 3 OR 1630 PG 324 Folio No. Project No. Account No 35988320000 66000 8510 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 21L day of '»+..�.�../ , 2002. Att•pt.as. to Chairman's si ttwcoApjly. .ATTEST: t, DWIGHT E; Bf�CK, CLERK Approved .a's`to form and legal sufficiency :•A'� • 0 11,11119KOTOMISSIONERS • •�� •- D, of ��a /i ' •.'' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 37697360003 16C11 * ** 2957464 OR: 3009 PG: 0802 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FIB 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gatt, Jeffrey A =& Monica L 2841 4th St NE Naples, FL 341201336 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 22 N 150FT OF 102 OR 1689 PG 1036 Folio No. 37697360003 Project No. 66000 Account No. 13903 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2002. Atts6t'. J4 °'�'tt9 Cha i Haan ' s sig�atore on�'�,. ATTEST: BOARD OF COUNTY CO ISSIONERS =�= DWIGHT Et R CK, CLERK COLLIER CO FL ID By: JAM N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency RO ERT ZA RY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 38107760008 16C 2957465 OR: 3009 PG:� RECORDED is OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:26AN DWIGHT B. BROCK, CLERK RBC FBI 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jenkins, Daniel W =& Saskia P 1253 Pine Ct Naples, FL 341025170 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT #29 S 180FT OF TR 80, OR 1297 PG 1701 Folio No. 38107760008 Project No. 66000 Account No. 14957 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .24 -day of , 2002. Atten `1�� Cha i r'man ' s ,,A�,,T"T`EST; {'WIGHT I-, BLOCK, CLERK Approved as to form and legal sufficiency ROBERT ZAC • This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 40683360004 16C11 * ** 2957466 OR: 3009 PG; 0804 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 04101/2001 at 09 :28AK DWIGHT B. BROCK, CLERK RBC FBI COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Schaeffer Jonathan D =& Holly E 3311 2nd Ave NE Naples, FL 341203711 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 77 W 105FT OF TR 43 Folio No. 40683360004 Project No. 66000 Account No. 16913 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 24. day of 7A&4,r�J , 2002. At ` ai"'i (' �ha i rman' s r ATTiEST: BOARD OF COUNTY CONWISSIONERS DWLGHT E::0R0CK, CLERK COLLIER COU `.tJs By: JAM N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZAC FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 52650760007 16C11 * ** 2957467 OR: 3009 PG: 0805 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 04101/2002 at 09:28AN DWIGHT B. BROCK, CLERK RBC FBB COPIES Retn: CLERK TO TUB BOARD INTEROFFICE 4TH FLOOR B %T 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Arevalo, Jesus G =& Marie C 406 Washington Ave Immokalee, FL 341423136 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK B LOT 11 OR 1003 PG 1879 Folio No. 52650760007 Project No. 66000 Account No. 19596 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this :2(- day of � , 2002. to Cha i run ' s ATTEST: BOARD OF COUN Y COM ISSIONERS DWIGH E. -8ROCK, CLERK COLLIER COU , FLO A Je By: JAMS N. COLETTA, CHAT AN Approved as to form and legal sufficiency R08ERT ZAQKARY FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 53350280006 16C11 * ** 2957468 OR: 3009 PG: 0806' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09:28AN DWIGHT B. BROCC, CLERK RBC FBI 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: George, Ronald K 4064 Fullmoon Ct Naples, FL 341126204 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LAKE KELLY UNIT 2 LOT 9 OR 1375 PG 1665 Folio No. 53350280006 Project No. 66000 Account No. 19871 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 21— day of c�✓ , 2002. Attest as to Chairman's sig"t" 0811. sa i t ^i X71 *$T :. ;pWI.GHT•E:- BROCK, CLERK Approved as ,6 form and legal sufficiency 1 Le 7 11: • • • • This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 62150560302 16CII 2957469 OR: 3009 PG: 0807 RBCORDBD in OFFICIAL RECORDS of COLLIER COUNTY, 04/01/2002 at 09:28AN DWIGHT B. BROCK, CLERK RIC FBI COPIES Retn: CLARK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Stone Corp Inc 2500 Airport Rd S Naples, FL 341124883 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ANNEX BLK 2 LOT 8 Folio No. 62150560302 Project No. 66000 Account No. 24316 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this aGday of -7,1 - , 2002. Mirnn's s ltiarf 00J. ,.'.ATTEST: ;DWIGHT E.BR(�PK, CLERK Approved 'as to form and legal sufficiency ateT��3 l-I[ya Fla :�'1 BOARD OF COUNTY COMMISSIONERS COLLIER COUN FLOR A By: JAME . COLETTA, CHAT AN FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 65121120008 16C11 * ** 2957470 OR: 3009 PG: 0808 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RBC FIE COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rhodes Estate, Eva % Patricia Lane 620 Hope Cir Immokalee, FL 341424254 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 1 LOT 28 OR 252 PG 334 Folio No. Project No. Account No 65121120008 66000 27818 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .74 day of 7•ru , 2002. Att••t as to Cha9irun's S i patw a em 1 Y. .'!.' _. RWIGHT. E. OROCK, CLERK B�p4proved,.,4 to -:fiorm a"nd jegal sulidency ROBERT ZQcCMARY • - ON i •- 9- FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 67390861662 16C11 * ** 2957471 OR; 3009 PG; 0809 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 04/01/2002 at 09:28AK DWIGHT B. BROCK, CLERK RIC FIB COPIES Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lieberfarb Tr, Stanley J 801 12th Ave S Naples, FL 341027336 The Lien was recorded on the 8Th day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE RIDGE 2ND EXT REP BILK B A PORTION OF LOT 2 NKA 20- 1 PELICAN RIDGE (HO) DESC IN OR 1386 PG 1676 OR 1459 PG 2015 Folio No. Project No. Account No 67390861662 66000 28930 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ;2L. day of it e-�.� , 2002. H to CN irman's only. ATTE,$T S DWIG�I L�%BROCK, CLERK Ap #proved as to form and legal sufficiency RO'BERT,Z"ACHARY FL 6.00 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 70921534452 16C11 * ** 2957472 OR: 3009 PG: 0810 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09 :28AK DWIGHT B. BROCK, CLERK RIC FIB 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTBROFFICB 4TH FLOOR BIT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Martinez, Rosalinda M 18136 th Ave Immokalee, FL 341424600 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT 2 BLK C LOT 7 OR 1572 PG 1981 Folio No. 70921534452 Project No. 66000 Account No. 30449 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 74• day of , 2002. Attest as to Chi 1►=n - s DWIGHT E•: BRICK, CLERK i 'ApproveWas to form and legal sufficiency Z•1 -12 _��i:I:1:,'1 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 75211120005 16 C 1 2957473 OR: 3009 PG: 0; 11� RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/01/2002 at 09 :28AN DWIGHT B. BROCK, CLERK REC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Perez, Nazario =& Ernestine 1701 7th Ave Immokalee, FL 341422701 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SUNNY ACRES BILK 4 E 98FT N1 /2 Folio No. 75211120005 Project No. 66000 Account No. 31480 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this S tisfgction of Lien, by action of the Board thiso� day of , 2002. A�tat #s - to Cha i ratan' s ATTE$T =-i BOARD OF COUNTY COMMISSIONERS aIVIGH. BRQCK, CLERK COLLIER COU Y, FLO A .L By: JAM AN Approved as to form and legal sufficiency ROBERT ZA Y 1�C12 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16C13 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16D1 BARE LICENSE AGREEMENT THIS BARE LICENSE AGREEMENT entered into this a4#'day of , 2002, between the MARCO ISLAND HISTORICAL SOCIETY INCORPORATED, ( "LICENSEE ") whose mailing address is PO Box 2822, Marco Island, Florida 34146, hereinafter referred to as "HS ", 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 "COUNTY" or LICENSOR. WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises COUNTY agrees to license the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises ", situated in Collier County, Florida, for the following purpose (s): ARTICLE 2. Term of License HS is hereby licensed for a term of five (5) years commencing on April 1, 2002 and ending April 1, 2007, to use the Licensed Premises only to raise funds and to install non - permanent signs to said property because HS plans to raise funds through receipt of donations to fund future construction of a museum on the Licensed Premises. HS is hereby granted one option, provided it is not then in default of any of the provisions of this Agreement, to renew this License for one additional term of two (2) years, under the same terms and conditions as provided herein, by delivering written notice of HS' unconditional intention to do so to the County not less than thirty (30) days prior to the expiration of the License hereby created. Said notice shall be effective upon actual receipt by the COUNTY. This is a bare license with no interest coupled hereto. The Board of County Commissioners reserves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to HS at the mailing address set forth in ARTICLE 7. Said notice shall be effective upon actual receipt by HS. ARTICLE 3. Commitment HS agrees that: The Public Services Administrator or designee shall be have oversight of all conceptual arxdsite and architectural plans relating to the proposed museum and related facilities, if any; and 2. A conceptual plan and implementation strategy for constructing the museum will be completed by the first anniversary date of this License; and The HS shall deliver to the Public Services Administrator an annual written update to the Division Administrator of fundraising activities and progress development prior to April 151 of each year; and 4. HS shall strictly comply with and any all laws and regulations applicable to fund raising activities and County will not be responsible in any way for any fundraising activities or reimbursements; and At the end of year five (5), HS shall provide a written update to the Board of County Commissioners; and 6. Public Services Administrator or designee shall have final approval of all proposed improvements to Licensed premises by or on behalf of HS; and 7. Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. ARTICLE 4. Indemnity LICENSEE accepts the Licensed Premises "as is." COUNTY does warrant that the Licensed Premises are suitable for any purposes. The COUNTY shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the Licensed Premises, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi - public works, or otherwise. 16D1 The COUNTY shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and HS shall hold County harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the COUNTY or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify the Public Services Administrator is any condition should arise or occur to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present on the Licensed Premises during the term of this License. ARTICLE 5. Default by HS Failure of HS to remedy any non - compliance of this Agreement within sixty (60) days from receipt of COUNTY'S written notice stating the non - compliance shall constitute a default, whereby may, at its absolute discretion, terminate this License by giving HS thirty (30) days written notice unless the default is fully cured within that sixty(60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by HS, and this License may be immediately terminated by COUNTY except to the extent then prohibited by law: (a) Falsification of HS or an agent of HS any report required to be furnished to COUNTY pursuant to the terms of this Lease. (b) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, COUNTY, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of HS, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 6. Obligations by County COUNTY shall have no obligations whatsoever except to the extent expressly specified herein. ARTICLE 7. Notices Any notice which COUNTY or HS may be required to give to the other party shall be in writing to the other party at the following addresses: COUNTY: Board of County Commissioners c/o Real Property Management Dept 3301 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney (Client Department) HISTORIC SOCIETY: Marco Island Historical Society Incorporated c/o Kris Helland, President P.O. Box 2822 Marco Island, Florida 34146 ARTICLE 8. Surrender of Premises-, Future Lease of the Licensed Premises to HS HS shall remove all signs installed by or on behalf of HS immediately upon expiration of this License and shall deliver up and surrender to COUNTY possession of the Licensed Premises. ARTICLE 9. General Provisions HS expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which would interfere with or adversely affect the operation or maintenance of COUNTY'S operations where any such operations share common facilities or otherwise. Rights not specifically granted the HS by this License are hereby reserved to the COUNTY. ARTICLE 10. Effective Date This License shall become effective upon execution by both COUNTY and HS. VJ 16D1 ARTICLE 11. Governing Law This License shall be governed by, and construed in accordance with, the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LICENSOR: AT, TEST" ,,,DWIGHT" E. OCK, Clerk er DATED tt Clerk . � aMi,r,,, -S ,Mly. IWO �O (print/type name) SE OND WITNESS (signature) .S bwt) l u uyac,�- (print/type name) Approved as to form and legal sufficiency: �,,,� / �tV�""' Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO , FLORjd6A BY: JAME . COLETTA, Chairman AS TO LICENSEE: Marco Island Historical Society, Incorporated Kris Helland, President 1 (10 D I EXHIBIT A That property described as Section 16, Township 52, Range 26, Marco Beach Unit 7, Tract D. 16D 2 MEMORANDUM Date: March 28, 2002 To: James Fitzek, Operations Manager Parks and Recreation Department From: Ellie Hoffman, Deputy Clerk Minutes & Records Department Re: Agreement with Dreambound Enterprises, Inc. for the Performance of Joe Dee Messina for the Fourth Annual Country Jam Concert Enclosed please find four (4) original contracts as referenced above and approved by the Board of County Commissioners on Tuesday, March 26, 2002 (Agenda Item #16D2). Kindly forward the agreements to the appropriate parties for the required signatures and return one fully executed original to Minutes and Records. If you should have any questions, please feel free to contact me at ext. 7240. Thank you. Enclosures (4) AFY LICENSE N•. r WILLIAM MORRIS AGENCY, INC. •" Talent and Literary Agency 2100 West End Avenue, Suite 1000, Nashville, Tennessee 37203 Telephone 615 - 963 -3000 Facsimile 615 -9 100 2 3 - RIDER ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRACT AMERICAN FEDERATION OF MUSICIANS AGREEMENT NO.2 THIS CONTRACT for the personal services of the musicians on the engagement described below is made MAR 13 02, between COLLIER COUNTY PARKS & RECREATION /James N. Coletta (hereinafter referred to as "PURCHASER ") and JO DEE MESSINA (hereinafter referred to as "ARTIST ") whose services are furnished by Dreambound Enterprises, Inc. (hereinafter referred to as "PRODUCER "). It is mutually agreed between the parties upon all the terms and conditions herein set forth, including those on the reverse side hereof entitled "Additional Terms and Conditions," as follows: 1. Place of Engagement: vineyard Community Park 6231 Arbor Blvd. Naples, FL i P— r � ��MI Scaling: 8,000 @ $ 15.00 — oL alms Capacity: 8,000 Gross Potential: $120,000 Tax: 0.00000 Net Potential: $120,000 (Not to exceed) Outdoor Show /Covered Stage Children under 10 are free. 2. DATE(S) OF ENGAGEMENT: Fri APR 12 02 - Ad Break: March 12, 2002 On Sale: March 15, 2002 (� P 4:00 PM - Gates 6:00 PM - John - 6swvax 8:00 PM - Jo Dee Messina a. Number of Shows: 1 b. Time of Sbow(s): 6:00 PM c. Length of Each Show: 60 -75 minutes 3. BILLING: (In all forms of advertising) Artist shall receive 100% Sole Headline Billing 4. FULL PRICE AGREED UPON: $ 60,000 (Sixty Thousand) FLAT GUARANTEE Purchaser to provide and pay for sound and lights as required by Artist. Prior to announcing or scheduling ad breaks or on sale dates, Purchaser to contact Stuart Dill at Refugee Management (615- 256 -6615) regarding all advertising, presenting radio station and sponsor approval. Purchaser to pay for and utilize Artist supplied ad mats, radio and television spots from Bill Young Productions (281- 240 - 7400). No other forms of advertising are permitted. No series or subscription inclusion unless expressly agreed to in writing by Refugee Management. Purchaser understands that Jo Dee Messina has tour sponsors and there are sponsorship requirements addressed in the contract and rider that must be adhered to (see Addendum "A "). Purchaser understands that box office information is confidential and further understands that it is expressly forbidden for purchaser to divulge information to any entity other than WMA or Refugee Management. Artist agrees not to perform at any publicly advertised engagement within a 100 mile radius, 120 days prior to this engagement. Purchaser shall provide and pay for all terms and conditions contained in Artist rider attached hereto. All Accommodation and Travel arrangements are subject to PRODUCER's prior approval. <ITP Merchandising Rate(neg) Artist Sells . 4.000 / /_ 5. All payments shall be paid by PURCHASER in US funds by ¢ Cy! as follows: a. NO DEPOSIT is required. b. FULL PAYMENT in the amount of $60,000 shall be paid to and in the name of the PRODUCER: Dreambound Enterprises, Inc. f/s/o JO DEE MESSINA not later than immediately prior to the first performance. c. Earned percentages, overages and/or bonuses, if applicable, are to be paid to PRODUCER by CASH ONLY immediately following the last show. d. offirerereintsfr ADDITIONAL TERMS AND CONDITIONS CONTINUED ON REVERSE SIDE. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seats on the day and year first above written. Dreambound Enterprises, Inc. FED ID #62- 1596148 ATTEST, � by: DWIOIIT �, BRO3�, PS rk BOARD OF CO Comm O Dr bound Enterprises, Inc. OLLIER CO FLORI 10th Ave S., Cummins Station Ste 347 By: ' hville, Tennessee 37203 Deputy•ierk _ By: 62- 1596148 r, Chairman ilson 1012491 �.3 Approved at to form Witness: And legal sufficiencvj&V/' Thomas C. Palmer Assistant County Attorney • r 16U r 6. Whenever the term Federation is used herein it shall mean the American Federation of Musicians of the United Sta.es and Canada. Whenever the term "Local Union" is used herein it shall mean the Local Union of the Federation with jurisdiction over the territory in which the engagement covered by this contract is to be performed. 7. No performance of the engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. 8. It Is expressly understood by the parties hereto that neither the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in-7 above, and therefore, that neither the Federation nor the Local Union shall be liable for the performance or breach of any provision hereof. 9. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by the contract for purposes of communicating with the ARTIST(s) performing the engagement and the PURCHASER. ADDITIONAL TERMS AND CONDITIONS: 1. PURCHASER agrees to furnish and pay for at its own expense (a) on the dale and at the time of the performance(s) above - mentioned all that is necessary for the proper presentation of the entertainment presentation, including without limitation a suitable theatre, hall or auditorium, well- heated, ventilated, lighted, clean and in good order, stage curtains, properly tuned grand pianos) and public address system in perfect working condition including microphone(s) In number and quality required by PRODUCER, dressing rooms, all necessary electricians and stage haffds, all lights, tickets, house programs, all licenses (including musical performing rights licenses), special police, ushers, ticket sellers, ticket takers, appropriate and sufficient advertising in the principal newspapers, (b) all music royalties in connection with PRODUCER's use of music, and In addition, the costs of any musicians (including Contractor) other than those furnished by PRODUCER as part of PRODUCER's regular company, (c) all amusement taxes, (d) if PRODUCER so requires, ail necessary facilities, electricians, stage hands and other personnel for lighting and dress rehearsals, and (e) all other Items and personnel (including but not limited to any and all personnel, Including musicians, as maybe required by any national or local union(s)) required for the proper presentation of the entertainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which PRODUCER herein specitically agrees to furnish. PRODUCER shall have the right to name the local music contractor and to approve the musicians hired locally. 2. In the event of sickness or of accident to ARTIST, or if a performance Is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption In or delay of transportation services, war conditions or emergencies or any other similar or dissimilar cause beyond the control of PRODUCER, it is understood and agreed that there shall be no claim for damages by PURCHASER and PRODUCER's obligations as to such performances shall be deemed waived. In the event of such non - performance for any of the reasons stated In this paragraph, if ARTIST is ready, willing and able to perform, PURCHASER shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to PRODUCER hereunder, shall be returned on a pro -rata basis. 3. Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon compensation shall be made notwithstanding. if PURCHASER and PRODUCER disagree as to whether rendition of performance(s) is Impossible, not feasible or unsafe because of inclement weather, PRODUCER's determination as to performance shall prevail. 4. In the event PURCHASER refuses or neglects to provide any of the items or to perform any of Its obligations herein stated, and/or fails to make any of the payments as provided herein, PRODUCER shall have the right to refuse to perform this contract, shall retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. In addition, if, on or before the date of any scheduled performance, PURCHASER has failed, neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit of PURCHASER has been Impaired or is in PRODUCER's opinion unsatisfactory, PRODUCER shall have the right to demand the payment of the guaranteed compensation forthwith. If PURCHASER falls or refuses to make such payment forthwith, PRODUCER shall have the right to cancel this engagement by notice to PURCHASER to that effect, and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth. 5. The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order, form, size and prominence as directed by PRODUCER in all advertising and publicity issued by or under the control of PURCHASER. ARTIST's name or likeness may not be used as an endorsement or indication of use of any product or service nor In connection with any corporate sponsorship or tie -up, commercial tie -up or merchandising without PRODUCER's prior written consent. 6. PURCHASER shall not itself nor shall it permit others to record, broadcast, televise, photograph or otherwise reproduce the visual and/or audio performances hereunder, or any part thereof. 7. PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, records and any and all types of merchandise including, but not limited to, articles of clothing (i.e., T- shirts, hats, etc.), posters, stickers, etc., on the premises of the F lace(s) of performance without any participation in the proceeds by PURCHASER subject, however, to concessionaire's requirements, f any. 8. Unless stipulated to the contrary in writing, PURCHASER aggrees that PRODUCER may cancel the engagement hereunder without liability by giving the PURCHASER notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. PRODUCER shall also have the right to terminate this agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days. 9. PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder as well as the means and methods employed In fulfilling each obligation of PRODUCER hereunder in all respects and in all details. PRODUCER shall have the sole right, as PRODUCER may see fit, to designate and change at any time the performing personnel other than the ARTIST(s) specifically named herein. 10. PURCHASER agrees (a) to comply PPromptly with PRODUCER's directions as to stage settings for the performance hereunder, (b) that no performers other than those to be furnished by PRODUCER hereunder will appear on or in connection with the engagement hereunder, (c) that no stage seats are to be sold or used without PRODUCER's prior written consent, and (d) that the entertainment presentation will not be Included in a subscription or other type of series without the written consent of PRODUCER. 11. It Is agreed that PRODUCER signs this contract as an independent contractor and not as an employee. This contract shall not, in any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the parties hereto, nor make PRODUCER liable in whole or in part for any obligation that may be Incurred by PURCHASER In PURCHASER's carrying out any of the provisions hereof or otherwise. 12. Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder. If there is any conflict between any provision of this Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. PURCHASER agrees to comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials, facilities and personnel to be furnished by PURCHASER. 13. In the event of any Inconsistency between the provisions of this contract and the provisions of any riders, addenda, exhibits or any other attachments hereto, the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control. 14. qq wall me th R" f hre nnec ion wi or ��sdit_of [�� ' ttrthe-e om the active and willful n ��tS�-andiar � PRt3DC10ER. v` 15. William Morris Agency, Inc. acts herein only as agent for PRODUCER and is not responsible for any act of commission or omission on the part of either PRODUCER, ARTIST or PURCHASER. In furtherance thereof and for the benefit of William Morris Agency, it is agreed that neither PURCHASER nor PRODUCER will name or join William Morris Agency as a party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of PURCHASER, ARTIST or PRODUCER. 16. This contract (a) cannot be assigned or transferred without the written consent of PRODUCER, (b) contains the sole and complete understanding of the parties hereto and (c) may not be amended, supplemented, varied or discharged, except by an instrument in writing signed by both parties. The validity, construction and effect of this contract shall be governed by the laws Of (he Stale Of Tennessee, regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY A PAYMENT OF SAID PRICE t FULL. The terms 'PRODUCER', ARTIST' and "PURCHASER' as used herein shall 1 to the singular, the plural and to all genders. SSUMES LIABILITY FORT y (1 /l /94 -AFM) Include and apply 16D 2 as of FEB 26 02 JO DEE MESSINA Musician Names: (Social Security #, AFM #) Dreambound Enterprises, Inc., FED ID #62- 1596148, (Leader) Jo Dee Messina Local 257 Steve Byam 506 -80 -8971 Local 257 Joel Stevenett 529 -29 -6154 Local 257 Ralph J. Friedrichsen 541 -70 -7105 Local 257 Hollie Poole 402 -29 -9803 Local 257 Chris Wormer 322 -66 -0480 Local 257 Howard B. Duck 466 -33 -5488 Local 257 John Zocco 108 -58 -3712 Local 257 *Make all checks payable to: Dreambound Enterprises, Inc. Fed ID #62- 1596148 16D 2 Jo Dee Messina 2002 Tour ARTIST CONTRACT RIDER 16D 2 TABLE OF CONTENTS Topic Page CoverPage ........................................................... ..............................1 Tableof Contents ........................................................... ..............................2 TourContacts ........................................................... ..............................3 MusicianInformation ......................................................... ..............................4 Business Requirements GeneralInformation ........................................................... ..............................5 TicketPrinting / Sales .......................................................... ..............................5 Comps/Trades ........................................................... ..............................6 Payment/Settlement ........................................................... ..............................6 Expenses........................................................... ..............................7 Confidentiality........................................................... ..............................7 Billing /Advertising ........................................................... ..............................7 Licenses / Permits 8 InsuranceCoverage ........................................................... ..............................8 Broadcasting/Recording ..................................................... ..............................9 Press, Photography, & TV Crews ........................................ ..............................9 Merchandising........................................................... ..............................9 Cancellation/Force Majeure ................................................ .............................10 Production Requirements GeneralInformation ........................................................... .............................10 Sound System Requirements .............................................. .............................11 Lighting Specifications ...................................................... .............................11 Staging......................................................... .............................12 Barricades........................................................... .............................12 Setup.......................................................... .............................12 Power/Electrical ........................................................... .............................13 Labor........................................................... .............................13 Parking/Load -In Access ..................................................... .............................14 Security........................................................... .............................14 Passes........................................................... .............................15 Meet& Greet ........................................................... .............................15 BackstageRooms ........................................................... .............................15 Catering Requirements ....................................................... .............................16 Addendums Sponsorship........................................................ ............................... A BacklineEquipment ......................................................... ............................... B This RIDER, and ADDENDUMS "A" and `B" if attached, shall be made a part of the CONTRACT for services between Jo Dee Messina, Vs /o Dreambound Enterprises, Inc. (hereinafter referred to as "ARTIST ") and Buyer (hereinafter referred to as "PURCHASER ") for the engagement described in the CONTRACT. This RIDER, or any RIDER hereafter supplied by ARTIST, shall supersede any and all RIDERS or ADDENDUMS. Jo Dee Messina Concert Rider as of 2/26/02 Page 2 TOUR CONTACTS MANAGEMENT CONTACTS Stuart H. Dill, Personal Manager Debbie Randle, Executive Assistant Refugee Management Intl. 209 Tenth Avenue South Suite 347 Nashville, TN 37203 615- 256 -6615 phone 615- 256 -6717 fax BOOKING AGENCY Greg Oswald William Morris Agency 2100 West End Ave. Ste. Nashville, TN 37203 615- 963 -3000 615- 963 -3092 fax RECORD COMPANY Jill Gleason Curb Records 47 Music Square East Nashville, TN 37203 615- 321 -5080 x349 phone 615- 327 -3003 fax I i� 0 ?_ ROAD MANAGEMENT CONTACTS Don Muzquiz, Tour Manager 615 -584 -4203 John Garriott, Production Manager 615- 477 -4540 phone /520- 223 -0198 fax Chris Alderman, Stage Manager 615 -584 -4202 Dreambound Enterprises, Inc. c/o FBM &M P.O. Box 331549 Nashville, TN 37203 Fed. ID #62- 1596148 1000 MERCHANDISE Shaun Alderman, Merchandising 615- 330 -4349 Dreambound Image, Inc. c/o FBM &M P.O. Box 331549 Nashville, TN 37203 Fed. ID #62- 1829801 TOUR SPOT PRODUCTION Steve Bassett Bill Young Productions 281- 240 -7400 phone 281 - 240 -7440 fax BUSINESS MANAGEMENT Mary Ann McCready Cory Owen Dreambound Enterprises, Inc. c/o FBM &M P.O. Box 331549 Nashville, TN 37203 615- 329 -9902 phone 615- 329 -9765 fax *Make all checks payable to Dreambound Enterprises, Inc.* Jo Dee Messina Concert Rider as of 2/26/02 Page 3 16D 2 MUSICIAN INFORMATION Musician Names Social Security # AFM# Steve Byam 506 -80 -8971 257 Joel Stevenett 529 -29 -6154 257 Ralph J. Friedrichsen 541 -70 -7105 257 Hollie Poole 402 -29 -9803 257 Chris Wormer 322 -66 -0480 257 Howard B. Duck 466 -33 -5488 257 John Zocco 108 -58 -3712 257 Jo Dee Messina Federal ID # 62- 1596148 Jo Dee Messina Concert Rider as of 2/26/02 Page 4 16D 2 BUSINESS REQUIREMENTS GENERAL INFORMATION This rider, attached to the contract, and the specifications therein are deemed necessary by the ARTIST in order to present the best possible show. All deletions, additions, substitutions or modifications to this contract and rider must be acknowledged in writing by all parties to be valid. The PURCHASER shall inform all persons in connection with the fulfillment of the conditions of this contract rider (including, without limitation, box office managers, marketing representatives, house managers, stage managers, stage hands, technicians, electricians and security guards) of information provided herein. This contract shall be construed in accordance with the laws of the State of Tennessee. The state and federal courts located in Davidson County, Tennessee shall have exclusive jurisdiction over any litigation concerning this agreement and both parties irrevocably submit themselves to the personal jurisdiction of said courts. TICKET PRINTING /SALES No tickets shall be offered for sale until ARTIST's representative has approved in writing both the ticket face and all ticket holds, including but not limited to production kills, ARTIST's comps, record label and/or sponsorship holds. PURCHASER must supply an explanation of all customer charges including fees, surcharges, service charges and taxes. All hard tickets shall be printed by a bonded ticket house (example: Ticketmaster, Globe Tickets, Arcus- Simplex) or, if performance is at a college or university, the official printing department of the university or college. PURCHASER agrees to deliver to ARTIST's representative, prior to performance, a seating plot and a manifest of the house listing the quantity of tickets at each price. All tickets printed under the manifest shall have one stub and one price each. No multiple price tickets shall be printed. Examples of tickets prohibited under this agreement are: 1) one price for students and a different price for general admission on the same ticket, 2) one price for tickets purchased in advance and a different price for tickets purchased at gate on same ticket. PURCHASER further agrees to give ARTIST's representative the right to enter the box office at any time to make extractions from box office records relating to gross receipts of this engagement. PURCHASER may not sell tickets to the performance herein as part of a series of other concerts without written consent of ARTIST. - PURCHASER agrees not to give away, discount or to offer tickets at a premium without first obtaining permission in writing from ARTIST. PURCHASER is liable for any and all counterfeit tickets, and under no circumstances will ARTIST assume a loss on these tickets. PURCHASER may not sell tickets for seats located where stage and equipment on stage obstructs normal eye - level viewing of ARTIST's performance, unless location of seat is clearly indicated as "obstructed- view" on ticket and PURCHASER has obtained written approval from ARTIST's representative. No persons, except persons actually employed during the specific engagement, may enter facility without proper ticket and/or pass agreed to by ARTIST. PURCHASER acknowledges that he is responsible for the actions of his agents, employees, contractors, etc., in regard to the above provision. If PURCHASER shall violate any of the preceding, it shall be deemed that PURCHASER has sold a ticket for each seat (and any permitted standing room) at the highest ticket price.. Jo Dee Messina Concert Rider as of 2/26/02 Page 5 16D 2 COMPS/TRADES PURCHASER shall provide, at no expense to ARTIST, eighty (80) top -priced tickets located on the main floor, in the center section, rows ten (10) through fifteen (15). In New York, Los Angeles, Chicago, Atlanta, and Nashville markets, PURCHASER shall provide, at no expense to ARTIST, one hundred (100) top -priced tickets. These tickets shall be made available to ARTIST's representative no later than 2:00pm on the day of show. Should ARTIST not make use of any of these tickets, they shall be returned to the box office on the day of the show and placed on -sale. Additionally, PURCHASER shall hold fifty (50) prime tickets for purchase by Curb Records — contact Jill Gleason, Curb Records at 615- 321 -5080 x349 and twenty -five (25) prime tickets for purchase by Slim-Fast—contact Ron Oberlender, Alliance at 212 -546 -1859. PURCHASER shall make available for public sale all seats in the center section or sections immediately in front of the stage in the first 10 rows. A total of 10 front row tickets (five pair) shall be held for "Front Row Seat" promotions. These ten tickets will be used by ARTIST's marketing representative and PURCHASER's marketing staff for radio promotion. No promotional tickets may be utilized before receiving prior approval from the ARTIST's marketing representative. PURCHASER shall submit to ARTIST's marketing representative a written explanation for any tickets used for purposes of "Trade Out." This document shall clearly show total number of tickets being requested for trade, the total value of these tickets and a detailed schedule of the nature and value of the trade being requested. In the event that PURCHASER fails to provide written authorization from ARTIST's agent for such ticket usage at time of settlement, tickets shall be deemed as tickets sold at the highest price. PURCHASER's traded and complimentary tickets shall not exceed two percent (2 %) of show capacity. PAYMENT /SETTLEMENT Unless otherwise specified on the face of the contract, a deposit in the amount of fifty percent (50 %) of ARTIST's guaranteed fee shown on the face of the contract shall be paid in advance by PURCHASER. If the deposit is not received by the date specified on the face of the contract, ARTIST may cancel the performance with no liability or further obligation to PURCHASER with no prejudice to ARTIST's rights herein. Unless otherwise specified on the face of the contract, all payments by PURCHASER to ARTIST required to be made under and pursuant to this agreement shall be made in the form of certified check or cashier's check payable to Dreambound Enterprises Inc Fed ID #62- 1596148. Balance of guarantee and any production reimbursements shall be paid by PURCHASER to ARTIST prior to performance on the day of the engagement. Any balance due on a percentage computation will be calculated and paid immediately after the closing of the box office. IRS form 8300 must be provided with any cash payment in excess of ten thousand dollars ($10,000). Prior to tickets going on -sale, PURCHASER shall inform ARTIST's management, in writing, of an income taxes which may be assessed on ARTIST for moneys earned from this engagement. PURCHASER shall provide ARTIST's representative with a box office statement, run after the closing of the box office on the night of the engagement, showing total seats available, total sold, all complimentary tickets and total seats open or unsold. PURCHASER shall provide ARTIST's representative with a drop count, whereby the torn ticket stubs are captured, collected, counted and banded into stacks of one hundred (100). In the case of hard ticketing, PURCHASER agrees to have all unsold tickets on hand at place of performance, on night of show, for counting verification by ARTIST's representative. ARTIST shall be compensated for difference between number of unsold tickets and number of tickets shown by the ticket manifest. The ARTIST reserves the right to retain all ticket stubs and unsold tickets for verification unless contrary to local statute or law. If such statute or law exists, the PURCHASER must inform ARTIST in writing no later than one week before engagement. PURCHASER hereby accepts notification of and agrees to permit ARTIST's authorized representative to audit the books and records pertaining to ARTIST's performance at any time within one hundred twenty (120) days after performance. Jo Dee Messina Concert Rider as of 2/26/02 Page 6 16D 2 EXPENSES Unless contract is based on a flat guarantee, PURCHASER shall supply ARTIST's representative a full statement detailing all bona fide expenses incurred by PURCHASER in presenting this engagement, including copies of all supporting documents. In the event the PURCHASER has other or greater expenses than agreed to in advance by the ARTIST, (except advertising, stagehands or catering, which may increase with the written approval of ARTIST's representative) the contract shall not be affected. If, however, the bona fide aggregate paid bills relating to any of the costs shall total less than originally stated to the ARTIST's representative, the break- figure will be reduced by the difference between the original total listed costs and actual total listed costs as established to the reasonable approval of ARTIST's representative based on the books, records, and paid bills maintained in connection with the event. It is the responsibility of the PURCHASER to have on hand at the event any and all original paid or unpaid bills, affidavits, tear sheets, etc. needed to document said expenses. Any expenses not so documented will be the PURCHASER's sole responsibility. Purchase orders, memo bills promoter /agency orders and/or insertion orders are not acceptable for payment approval If the PURCHASER chooses to employ an advertising agency to advertise and promote the performance, agency commissions shall be the sole responsibility of the PURCHASER. Only net advertising rates will be accented for payment at settlement PURCHASER is expected to have on staff all necessary personnel to effectively promote and produce the show. Therefore, charges for personnel and services including, but not limited to, production or stage managers, contract or booking consultants and advertising agencies are the sole responsibility of the PURCHASER and are not to be included as show expenses. PURCHASER shall cooperate fully with ARTIST's representative with respect to verification of all labor expenses that PURCHASER wishes to enter into the settlement. This shall include cooperation with respect to provision and completion of "sign -in sheets" by both PURCHASER and venue staff. If, at any time, there is a monetary discrepancy between ARTIST's representative and PURCHASER, then PURCHASER shall deposit the disputed amount into an escrow account, in the control of a third party, until the dispute can be rectified. CONFIDENTIALITY - Nt me" dm 901" �o -��iz P&Zt1 c. vudQ S�Q�r o�'el /; /a "Sins4'. z /iv Financial terms and conditions of this contract have been agreed upon based on exact capacity, ticket price and gross potentials as stated on the face of this contract. Such financial terms and conditions are considered privileged and confidential and public and/or media disclosure is strictly prohibited. PURCHASER shall not report the box office receipts, ticket sales, or otherwise disclose any information with regard to this engagement without the express written consent of the ARTIST. BILLING /ADVERTISING management. ARTIST is to receive appropriate 100% headline billing in any and all publicity releases and paid advertisements, including but not limited to air -time, newspapers, trade advertising, posters, programs, billboards, and marquees, as well as all other displays and publications where ARTIST's name appears in connection with the engagement herein. Prior to going on -sale, PURCHASER shall forward to ARTIST's Manager, Stuart Dill, Refugee Management Intl. a detailed breakdown of all planned advertising (both paid and traded), along with details of any and all promotional activities designed in support of the event. PURCHASER will not permit the name of ARTIST to be used or associated, directly or indirectly, with any Jo Dee Messina Concert Rider as of 2/26/02 Page 7 16D 2 product or service in advertising, billing or otherwise, without the express written consent of ARTIST (except as set forth in Addendum A, if applicable). PURCHASER must purchase and use management- approved print advertising materials and radio and TV spots from ARTIST's approved agency. In the case of "strip ads," use of ARTIST supplied art work is required. PURCHASER shall not secure or retain anyone to act as "host" or "emcee" of the performance without prior permission of ARTIST. All inquiries regarding ARTIST, including but not limited to those from fans, press, TV and radio, must be directed through the appropriate ARTIST representative. Under no circumstances may PURCHASER make any arrangements or any representations with respect to the ARTIST's availability or desire to undertake any media activities of any kind, including but not limited to interviews, receptions and meet & greets. LICENSESMERMITS No later than thirty (30) days prior to the date of the engagement, PURCHASER agrees to secure and furnish all necessary permits and licenses to ensure that ARTIST can properly stage the production. In the event the place of performance is outside the United States, PURCHASER agrees to procure, at their sole expense, for ARTIST and touring party, the necessary visas, work permits and other documents of any nature whatsoever necessary to enable ARTIST to render services hereunder. INSURANCE COVERAGE Notwithstanding anything to the contrary, PURCHASER shall insure, and hereby warrants and represents, that each concert event, facility and site of the performance hereunder (on the dates of load -in, each performance hereunder and load -out) shall be safe for all persons and property, free from any risks of or actual danger or hazards to life, health or property. PURCHASER shall be solely responsible for providing and maintaining such safe conditions. PURCHASER shall obtain and continually maintain insurance with respect to each concert event (including, without limitation, each performance therein), facility and site of performance hereunder, for property damage, personal injury and third party claims, in the enforceable amount(s) of not less that One Million Dollars ($1,000,000.00) per occurrence (with a deductible of no greater than Ten Thousand Dollars ($10,000.00), which shall be paid by PURCHASER naming ARTIST and ARTIST's representatives as additional insured thereunder. Such policy(ies) shall be written on an occurrence basis, such that claims made immediately prior to, during, and/or after each concert event hereunder (including, without limitation, each performance therein) with respect to act(s) and/or omission(s) during, immediately prior to, and/or immediately after each concert event hereunder (including, without limitation, each performance therein), whether in or about the facility or site, shall be fully covered thereunder. PURCHASER shall maintain a policy of Worker's Compensation insurance covering all of their employees, including those who are involved in the installation, operation and/or maintenance of the equipment provided by PURCHASER. PURCHASER shall indemnify, save, and hold harmless ARTIST and ARTIST's present and future officers, principals, representatives, affiliates, 1' ow, employees, musicians, crew, , s es, from and against any and all claims, demands, debts, liens, damages, liabilities, costs, nmmeed) and judgments arising out of or in connection with any breach or alleged breach by of any in%p4ed -sf actual representation, warranty or agreement made by PURCHASER herein, +U -A .......a. ..­U — T)TT"t! TT A OT7T]f_ _Ll]- -`-------- --- -_• — - - -- It. -- -- authorized ct(s) or omission(s) of PURCHASER or PURCHASER's employees, agents -or- including the facility and site of concert event(s). Without limiting the generality of the foregoing, PURCHASER is responsible for the security and safety of each concert, the facility and site and its immediate vicinity, including the security and safety of ARTIST, ArR+f8 -T19- �, X1 s4a Jo Dee Messina Concert Rider as of 2/26/02 Page 9 16D 2 It is specifically understood that ARTIST's performance after any failure of PURCHASER or the facility to provide either policies or certificates required herein, shall not be deemed a waiver of ARTIST's rights or of any of PURCHASER's obligations hereunder. PURCHASER shall still be solely responsible for providing or causing to be provided all of such insurance and PURCHASER shall be fully liable for its failure to provide or cause to be provided the same. BROADCASTING/RECORDING No part, portion or segment of the engagement hereunder shall be recorded, reproduced or broadcast by either audio or video equipment without the prior written consent of ARTIST, which may be withheld at the sole discretion of ARTIST. In the event the ARTIST grants approval, PURCHASER shall be responsible for any and all additional expenses, including, without limitation, union dues, broadcast fees, royalties and additional production. Specific authorization by ARTIST in the form of an ARTIST- issued photo credential shall be necessary for the PURCHASER to allow entrance to the place of performance by any person with any audio, video or motion picture recording device or mechanism. ARTIST shall have the sole and exclusive right to film, record, tape or otherwise reproduce and embody any and all performances related to this event (per local union and building regulations and restrictions). PURCHASER shall post the following at all facility entrances and on all tickets: "THE USE OF CAMERAS, AUDIO OR VIDEO RECORDERS IS STRICTLY PROHIBITED." PRESS. PHOTO RAPHY & TV CREWS No photographers will be permitted in the venue, backstage, or onstage during ARTIST's performance or sound check, without prior consent of ARTIST's Management. Pre - approved press photography may only be taken during the first three (3) songs of ARTIST's performance. Pre - approved live video may only consist of 30- second cuts of the first three (3) songs of ARTIST's performance (no complete songs). Outside of press photographers with credentials, no telephoto cameras or cameras with lens attachments will be allowed in venue. ARTIST reserves the right to retrieve any film from violators of these rules. PURCHASER and security personnel agree to enforce and assist with these rules. MERCHANDISING PURCHASER agrees that ARTIST's designee shall have sole and exclusive right to sell items of merchandising bearing ARTIST's name and/or likeness at or about the venue on the day of ARTIST's performance including, but not limited to, all souvenir books, wearing apparel, posters, stickers, programs, and other items of merchandise prior to, during and after each performance. No "event shirt" or program or any material bearing ARTIST's name and/or likeness shall be printed, produced or distributed without the prior written consent of ARTIST, which may be withheld at the sole discretion of ARTIST. PURCHASER shall provide adequate space with proper security for ARTIST's designee to vend such materials and PURCHASER agrees that ARTIST's designee shall have access to any hall facilities and areas adjacent to the venue as deemed necessary by ARTIST's designee. PURCHASER further agrees to use its best efforts to prevent and stop the sale or distribution of items of merchandising by any persons other than ARTIST's designee, whether inside or outside the venue. It is understood that no person or entity other than ARTIST's designee shall have the right to sell or distribute any non - food/non- beverage items of any kind at the engagement. Jo Dee Messina Concert Rider as of 2/26/02 Page 9 16D 2 CANCELLATION / FORCE MA TEURE ARTIST reserves the right to cancel the engagement by giving at least 30 days written notice to PURCHASER at the address set forth in the contract. In this event, ARTIST and PURCHASER shall be discharged of any further liability to the other with respect to the canceled performance. It is agreed and understood that in the event PURCHASER should fail to fulfill any of the terms and conditions provided herein, ARTIST may elect to cancel the engagement, relinquishing ARTIST from any further liability. ARTIST shall be entitled to retain any deposits paid by PURCHASER, in addition to ARTIST's legal and equitable remedies. Notwithstanding anything contained herein to the contrary, PURCHASER shall remain liable for payment of the full contract price regardless of any cancellation of the engagement or non - performance by ARTIST by virtue of inclement weather. ARTIST shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe, and ARTIST shall have no obligation to perform in any such event. Any contract returned with rider unattached, unsigned or altered in any way without written consent of ARTIST or ARTIST's representative, shall deem contract voidable and cause for immediate cancellation of the engagement at the ARTIST's election. ARTIST's obligations hereunder are subject to prevention or detention by reason of sickness, inability to perform, accident, failure of means of transportation, acts of God, riots, strikes, labor disputes, any act of public authority, or any cause similar or dissimilar which is beyond ARTIST's control. Should cancellation arise from a strike, labor difficulty or other matter of which PURCHASER had actual prior knowledge, or in the exercise of reasonable business prudence would have had actual prior knowledge, ARTIST shall be entitled to retain any and all deposits or other moneys theretofore paid to the ARTIST. Jo Dee Messina Concert Rider as of 2/26/02 Page 10 16D 2. PRODUCTION RF�UII�2EMENTS GENERAL INFORMATION PURCHASER or authorized representative must be on site from one hour prior to load -in until completion of load -out. Prior to putting tickets on sale, PURCHASER agrees to notify ARTIST of any mandatory union breaks, curfews, fire regulations, sound and light level requirements and limitations, rigging limits, building codes and any other federal, state or local ordinances. PURCHASER agrees to notify ARTIST of any late or early load -ins due to other activities in the facility. ARTIST reserves the right to determine the length, content and nature of the show. ARTIST's production staff shall have complete control over all technical as pects of show, including support acts and program music. The audience shall not be permitted to enter the place of engagement until such time as technical set -up and sound -check have been completed and approval has been given by the ARTIST's Production Manager. SOUND SYSTEM REQUIREMENTS PURCHASER to provide a professional sound system consisting of no less than a three -way house speaker cabinet system providing full frequency response evenly distributed across the sound frequency spectrum and delivered evenly to the entire audience, per the below specifications. First preference: McCauley Monarc Line Array System. Said sound system should have adequate power to deliver at least 115 DB of continuous sound, free of hums and noise, tested with lighting up and turned on. ARTIST's representatives are to have complete control of said equipment during sound check and show. FOH EQUIPMENT One (1) 40 input house console (Midas Heritage 2000, Yamaha PM 4000). The FOH rack should consist of no less than one (1) stereo 1/3 octave EQ, four (4) digital effects processors (Yamaha 900, 990, or Lexicon LXP 15 quality), one (1) digital delay (Roland or Korg), eight (8) compressor/limiters (DBX 160 XT or DBX 166A), six (6) gates (Drawmer quality), one (1) CD player, and one (1) cassette player hooked up to record house mix. VERY IMPORTANT: FOH mix position to be no more than one hundred (100) feet away from stage with an unobstructed view of entire stage (preferably in center of stereo imaging of sound system). An auxiliary (XLR) feed should be routed to supply ARTIST's monitor system with talkback and playback program. STAGE POWER & PATCHING A minimum of six (6) discrete circuits of 30A (quads) for musicians' equipment purposes plus an additional drop near monitor position for ear monitoring processing. All cables (patch, mic, AC, monitor, etc.) will be of ample gage and in good repair, all cables should be of adequate quantity and length for stage dressing, with some spares. MONITOR EQUIPMENT ARTIST travels with own in -ear monitor system complete with stands, mics, and cables; however, the following monitor equipment should be provided for fly dates only. One (1) 40 channel monitor input console (Midas XL3, Soundcraft SC20, Crest Century). The monitor system shall be configured to provide ten (10) discrete mixes with 1/3 octave E.Q.s, with twelve (12) monitor wedges containing matching 2 -12" woofers and 1 -2" horn driver (i.e. EAW 222, Woodworks Mix 2, or Clair 12AM) comparable biamp set -up with cross over accessible. Monitor mix position to be stage right with unobstructed view of entire stage at a height of no more than two (2) feet below stage level. Mic accompaniment D.I. Boxes and mic stands as per stage plot and input list should be provided. Jo Dee Messina Concert Rider as of 2/26102 Page 11 16D 2 LIGHTING SPECIFICATIONS LIGHTING SYSTEM The primM lighting system will be a high quality, professional system A competent lighting technician will be responsible for the set -up and focus of the system and will be present throughout the entire show. The lighting system shall include the following: • At least One Hundred Twenty (120) 1 K PAR64 lamps loaded with medium and narrow components. These lamps shall be truss mounted and split Sixty (60) to each of the front and rear trusses. • One (1) midstage truss for mounting moving fixtures and soft goods. • Two (2) banks of floor ACL Specials or Six (6) PAR64 floor specials. • One (1) 36 channel control console. • Four (4) spotlights with appropriate throw range for distance to stage. • One (1) intercom system consisting of two (2) stations, between FOH mix position and monitor mix posi- tion, as well as some form of talkback between FOH position and stage. • One (1) intercom system between all lighting stations (L.D., spot ops, and dimmers). This intercom system shall be totally independent of other systems being used at this event. The ARTIST's Production Manager shall have complete control over the cueing of house lights. There shall be no lights in the venue during the performance other than the exit signs, aisle lights, and any lighting required for the safety of the audience. In the event the house lights must be controlled from a separate booth, the operator shall be on the communication circuit at least fifteen (15) minutes before showtime and continuously during the show. At no time should the house lights come up during ARTIST's performance, unless authorized by ARTIST's Lighting Director or Production Manager. PURCHASER to provide four (4) front -of -house SUPER TROUPER (or comparable) follow spots, in perfect working order with spare lamps. IMPORTANT: Spot location and position must .be above musicians' head height. STAGING PURCHASER shall provide, at no cost to ARTIST, a stage 60' wide x 48' deep x 4' high. The stage must be capable of supporting 125 pounds per square foot. The surface must be smooth and free of holes and protrusions and skirted in black material. The stage must be constructed so there is a minimum of 25' to closest overhead obstruction. If, for any reason, this request can not be fully accommodated, ARTIST's Production Manager must be notified immediately. ARTIST requires 12' of unobstructed work space around the stage, not including fire lanes. ARTIST requires two sets of stairs with handrails and step lights, to be placed by ARTIST's Production Manager at time of load - in. ARTIST shall need adequate storage space for equipment cases. For outdoor shows, ARTIST requires a 60' x 48', self - supporting, load- bearing stage roof. A 25' unobstructed clearance must exist between stage deck and stage roof. PURCHASER will provide (10) rolls of 100' x 20' black Viscuine at time of load -in. ARTIST requires a sound/light mix area of 20' x 20' that shall be located in the center of the house, no more than 100 feet from lip of stage. The final placement shall be determined by ARTIST's Production Manager. BARRICADES A barrier at least four (4) feet from the front of stage is required. A barricade on each side of the stage that separates the audience from the backstage area is required and a barricade enclosing the house mixing area is required. Jo Dee Messina Concert Rider as of 2/26/02 Page 12 SETUP 16D 2 , PURCHASER shall ensure that the first 30 rows of temporary or portable seats in front of the stage will not be placed until determined by ARTIST's Production Manager on day of load -in. These rows are to be cleared immediately after the show and the floor should be swept clean. PURCHASER shall insure that the seating configuration not exceed 180 degrees from the front of the stage, unless approved by ARTIST's Production Manager. NO SEATS are to be placed within eight feet of the front edge of stage. It is imperative that all sound and lighting be flown for ARTIST's show. PURCHASER shall notify ARTIST's representative immediately in the event of any problems or concerns with regard to rigging equipment in performance venue. PURCHASER shall provide, at no cost to ARTIST, one forklift with a minimum capacity of 4,000 pounds, a competent operator, and sufficient fuel from load -in and load -out. PURCHASER shall provide a 50 lb. block of dry ice to be advanced by ARTIST's Production Manager if necessary. PURCHASER shall provide names and numbers of area propane dealers. This show contains a 30 second open flame fueled by propane. Please notify ARTIST's Production Manager of any permits required or fire marshal regulations to administer this part of the production. POWER/ELECTRICAL PURCHASER shall provide the following power requirements, at no cost to ARTIST: For Lighting (1) 600 amp 3 phase service 5 wire For Sound (1) 400 amp 3 phase service 5 wire Separate transformer service and earth ground All power hookups have to be 120/208 volts, 3- phase, "Y" with neutral ground For Buses Shore power @ 220 volts 3 wire 60 amps each for three (3) buses. Sound and lighting should be on separate power sources. The lighting power sources must be within fifty (50) feet of upstage left and the sound power source should be within fifty (50) feet of upstage right. Voltage shall vary no more than five percent (5 %) with no current drain when full amperage is drawn. Adequate fusing, spare fuses, disconnect switches and terminals with lugs suitable for attachment to 4/0 cables will be required at source. Lugs should be sufficient size to accommodate 4/0 bare ends without removal of any copper. PURCHASER to provide a building electrician from load -in through load -out. 10 Dee Messina Concert Rider as of 2/26/02 Page 13 16D 2 At no cost to ARTIST, PURCHASER shall provide one (1) competent runner with knowledge of the area, valid drivers license and vehicle. The vehicle must comfortably accommodate seven (7) people with luggage. Runners shall report to the ARTIST's Production Manager at the time of load -in and remain through load -out. The runners are for the exclusive use of the ARTIST's Production Manager. PURCHASER to provide the following, at no cost to ARTIST: Load -in One (1) Fork lift & operator One (1) Electrician Four (4) loaders Twenty (20) hands Four (4) up- riggers Two (2) down - riggers (Riggers must have drop lines, belts and other necessary equipment.) Show call One (1) Electrician Four (4) deck hands Four (4) front of house spot operators Load -out One (1) Fork lift & operator One (1) Electrician Four (4) loaders Twenty Four (24) hands Four (4) up- riggers Two (2) down - riggers PARKING/LOAD -IN ACCESS PURCHASER shall insure parking space will be made available to the ARTIST from the time of load -in throughout load -out. This area must be adjacent to the load -in area and shall be sufficient to park the following: Two (2) 45' custom tour buses Two (2) 53' semi - tractor trailer trucks The equipment loading area must be cleared of vehicles prior to load -in. This area must remain clear and unobstructed through the completion of load -out. PURCHASER shall obtain, at no cost to ARTIST, all police and/or municipal permits if it is necessary to load - in from the street. In the event of snow or ice, PURCHASER shall provide, at no cost to ARTIST, essential snow removal equipment, sand, salt and necessary personnel to provide a clear, safe load -in area prior to arrival and departure of all trucks, buses and other entourage vehicles. PURCHASER shall ensure the parking area be properly secured at all times. Jo Dee Messina Concert Rider as of 2/26/02 Page 14 16D 2 SECURITY PURCHASER shall employ professional security to ensure the safety of the ARTIST's instruments, equipment, costumes, personnel and personal property before, during and after the engagement, at no cost to ARTIST. Professional security will be defined by ARTIST's Security Director in the security advance. Security will be dismissed from all applicable locations by ARTIST's Production Manager. The first security guard on site will check in with ARTIST's Production Manager and receive a sample pass sheet and briefly discuss policy. PURCHASER shall ensure a security meeting with ARTIST's Representative (to be held one (1) hour prior to the opening of doors) will be attended by a building manager or representative, PURCHASER's representative, and heads of police and T -shirt (peer) security. Security shall be positioned as follows: From load -in through completion of load -out: One (1) person at backstage door One (1) person in backstage/loading area for buses & trucks From one hour prior to sound check until the audience has left the building: One (1) person at each entry point to the backstage area. One (1) at each entry of the dressing room area. One (1) person at mix position. From sound check . until released by ARTIST's Security Director: One (1) T -shirt security and one (1) .armed police officer in plain clothing to secure ARTIST. PURCHASER shall provide adequate security for Merchandising locations as per ARTIST's Merchandise Representative's advance. PURCHASER shall provide adequate security for front of stage, as determined by ARTIST's Security Director and will be advanced prior to show date. PURCHASER shall ensure access to the stage will be guarded by security at all times and only those persons designated by ARTIST will be allowed on stage during ARTIST's performance. Security personnel will not be allowed on stage during the performance or in the dressing rooms at any time. In the event house security consists of ushers, PURCHASER shall employ a separate professional security team for front of stage, mix position and backstage areas to ensure ARTIST's safety and well- being. Should ARTIST be performing consecutive nights at the venue, PURCHASER shall provide overnight security to be present on stage with ARTIST's equipment until relieved by ARTIST's production crew each day. Security will be instructed how to handle the "no telephoto cameras or attachment lens" policy in the audience and asked to enforce it. PAS ES All members of ARTIST's entourage will display a laminated pass. Only persons wearing this pass will be permitted on stage or in the dressing room area. All passes will be provided and controlled by the ARTIST's representative. No other passes will be permitted. Everyone must wear a pass at all times. Persons abusing pass privileges are subject to election. A sample pass sheet will be distributed to the first security guard on duty. Pass privileges will be discussed in detail at the security meeting, one hour before doors opening. Jo Dee Messina Concert Rider as of 2/26/02 Page 15 16D 2 MEET & GREET This will take place prior to ARTIST's performance. Tour Manager will communicate in advance of the show what time and where these people should meet to be escorted to the Meet & Greet. Meet & Greet will include radio guests, sponsorship guests, retail and contest winners, all of which must be pre- approved by ARTIST's Management. ARTIST's fan club members will be included as well. BACKSTAGE ROOMS - Per- A1veU«_ PURCHASER shall provide one production office, complete with three tellephgae4iffft with modular jacks, three telephones, tables and chairs. This room is for the exclusive use of ARTIST's Production Manager. Telephones should be ordered immediately so that the numbers can be assigned and distributed in advance of the engagement. Service shall be installed and operative by 7:30am on the day of load -in and not discontinued until after load -out. PURCHASER shall supply three (3) private, lockable dressing rooms for ARTIST as follows: Jo Dee Messina dressing room (to accommodate 4 people) Jo Dee Messina Band dressing room (to accommodate 10 people) Production crew room with showers (to accommodate 16 people). All dressing rooms must be available at time of load -in. Dressing rooms must be clean, well -lit, and must have climate control, full length mirrors, showers and AC outlets. All dressing rooms must have adequate soft furniture (couches & chairs) for the amount of people that the rooms will hold. These dressing rooms must be capable of locking, with keys given to ARTIST's Production Manager. PURCHASER shall provide a "catering room." This room should be clean, quiet, comfortable and have seating for 60 people with banquet -type tables and clean tablecloths. Jo Dee Messina Concert Rider as of 2/26/02 Page 16 CATERING REQUIREMENTS 16D 2 PURCHASER shall provide the following at no cost to ARTIST. ARTIST's Production Manager will determine the exact times and the exact menus during the advance. The following figures are for JDM touring personnel only. This does not include other performers or local crews. Arrangements should be made to accommodate any others who will be offered catering services. Refreshments - from load -in until load -out. Coffee, tea, juices, spring water, iced tea, sodas, condiments and ice. Breakfast - For 25 People (30 minutes prior to load -in). (2) gallons milk (whole & skim or no -fat) (3) quarts assorted fruit juices (2) cases of bottled spring water (3) loaves bread (1 wheat, 1 white, 1 other) (4) dozen eggs Equivalent of (1) dozen eggs in "Egg Beaters" (2) pounds of bacon and/or sausage (2) pounds of turkey sausage (2) cases assorted soft drinks Assorted low and/or no -fat yogurt (1) small tub of low -fat cottage cheese Assorted fruit, cereals, oatmeal, pastries, jams and peanut butter (Please have attendant present at all times to cook hot meals to order.) Please have cooking spray available as well as oil or butter. Lunch - For 30 People. Menu ideas will be faxed as part of the advance. (2) gallons milk (whole & skim or no -fat) (2) cases of bottled spring water (2) cases assorted soft drinks Freshly brewed iced tea and sliced lemons Salad and vegetables Assorted fresh fruit Hot soups (vegetarian & non - vegetarian) Quality Hot sandwiches with side items (i.e. chips, pickles) (NO DELI TRAYS PLEASE) Please have whole grain breads available. Non -meat sandwiches (i.e. tuna salad, egg salad, etc.) marked "vegetarian" Assortment of condiments including low -fat mayos and salad dressings. Jo Dee Messina Concert Rider as of 2/26/02 Page 17 16D z Dinner - For 30 People. Menu ideas will be faxed as part of the advance. This meal will be a sit -down, catered meal and WILL NOT consist of "take -out" convenience type foods. If there is a local specialty, please advise ARTIST's Production Manager during the advance call. Freshly brewed iced tea After Show Q (50) lbs. of ice for each bus G p Crew bus food to be determined by ARTIST's Production Manager day of show (e.g. pizza, tacos, wings, subs). Cost not to exceed $150. Production Office - to be delivered at load -in (1/2) case of Pepsi or Coke (1/2) case of Diet Pepsi or Diet Coke (3) cases of small bottles spring water (room temperature) (50) plastic cups, Solo brand One dozen clean white hand towels (pre- washed) Five dozen clean white cotton large bath towels (pre- washed) plus 10 bars of soap (Dial, etc.) Crew Room - from 4:00 pm until end of load -out (1) case assorted sodas (i.e. Coke, Pepsi, 7Up, root beer, Diet Pepsi) (444-ease Budweiser (1) case of bottled spring water Small fruit and cheese basket Large bag of plain M & M's (1) jar each of peanut butter & jelly (2) loaves of bread (one white and one wheat) Tortilla chips with hot salsa (1) bag of Ruffles potato chips Large plastic cups and clean ice Jo Dee Messina Concert Rider as of 2/26/02 Page 18 16D 2 10 Dee's Dressing Room - from 4:00 pm until end of load -out (1) case of bottled spring water (room temperature) NO EVIAN PLEASE (6) cans of Coke (6) cans of Diet Coke Serving for two people of select deli cut of turkey or chicken (1) small container of non -fat cottage cheese (1) carton of Marlboro Lights (1) Buttfe Of Rtd-bAedaLM1iue Fruit basket and veggie tray for (4) people + 1 hour before doors: Hot appetizers to feed 6 -8 people to be advanced by ARTIST'S Production Manager day of show. Band Dressing Room - from 4:00 pm until end of load -out (2) cases of bottled spring water (room temperature) NO EVIAN PLEASE (2) cases beer (1/2 imported and 1/2 domestic) (1/2) case assorted sodas (Mt. Dew, Dr. Pepper, Diet Pepsi Caffeine Free) (12) Bottles of Gatorade or Powerade (1) Gallon orange juice (1) Fruit, veggie and cheese tray for (10) people with dip (1) Large bag of potato chips (1) Large � bag of Tortilla chips (1) Jar of hot salsa (� T \ abP1TPh Coffee and hot tea setup Large plastic cups, napkins, and clean ice Agreed to and accepted: By (PURCHASER) Jo Dee Messina Concert Rider as of 2/26/02 Page 19 16D ADDENDUM A •- PJ AP p L cr- " Slim•Fast Presents JO DEE MESSINA' S It's Your Life Tour / Sponsorship Addendum Jo Dee Messina Concert Rider 2002 All Slim•Fast Sponsored Shows All references to the tourNknust include "Slim•Fast pr sents Jo Dee Messina's It's Your Life Tour". PURCHASER SHA PROVI THE FOLLOWING ADVERTISING Slim•Fast is the designated presenting o sor of Jo Dee Messina's tour and must be included in all advertising and media pro ting the tour. All advertising materials must be purchased from Steve Bassett at Bill ou Productions 281 - 240 -7400. TICKET PRINTING Purchaser will ensure that tickets JO DEE MESSINA Presented by Slim•Fast With: Support Act printed with t following: (mandatory) (mandatory) (mandatory) (where possible not nc Please refer to mge,4 of Artist's 2002 rider. Subject to ve ue restrictions: Purchaser ffiall provide one (1) Meet and Greet Area backstage. This spa a will need to accomm ate 75 people. This space also needs to accommodate a Slim•Fas ackdrop. Page 2 Sponsorship Addendum Jo Dee Messina Concert Rider 2002 160 2 REGISTRATION AREA Subject to venue restrictions: Purchaser shall provide a registration area in the lobby for Slim•Fast to conduct on -site promotions. If outdoors, purchaser will provide a similar space for such an area in a central visible location. SIGNAGE Subject to venue restrictions: Purchaser will allow prominent SlimeFast signage throughout the venue. Depending on whether an outdoor show or indoor show, sites could include sides of stage, entrances, parking lots, private boxes, lobbies, concourses, etc. The final location of the signage will be at the discretion of Artist and her tour manager. There will be no other presenting signage in the venue. Any and all other signage will need prior approval by Stuart Dill at Refugee Management. SAMPLING Subject to venue restrictions: Purchaser shall allow Slim•Fast to conduct free sampling on -site. Dispatch samplers will be allowed three (3) tents, not to exceed 10' x 101 . PARKING Parking access for Slim•Fast's road crew, two (2) vans /SUVs and one (1) car will be made available in same area as Artist's buses and trucks. SLIM•FAST CONTACT For information on advance set -up or on -site issues, please call Ron Oberlender at Alliance at (212) 546 -1859. Any questions outside any on -site issues, contact Stuart Dill or Debbie Randle at Refugee Management at (615) 256 -6615. AGREED AND ACCEPTED BY: BUYER AGREED AND ACCEPTED BY: Dreambound Enterprises, Inc. f /s /o Jo Dee Messina ADDENDUM B BACKLINE EQUIPMENT FOR BASS: (1) — 4 x 10 CABINET: (1) — 400 ' WATT HEAD: FOR STEEL: FOR GUITAR 1: FOR GUITAR 2: FOR KEYS: CLAVINOVA FOR DRUMS: FOR VOCALS: OTHER: (2) — 1 x 15 AMPS or (2) — PEAVEY GTR AMPS: or (1) — PEAVEY GTR AMP: or (1) — ORGAN KEYBOARD or PLUS (1) — DIGITAL WEIGHTED PIANO or (1) — HEAVY DUTY 2 TIER STAND 6 PIECE YAMAHA DRUM KIT: 6 ZILDJIAN CYMBALS HEAVY DUTY HARDWARE: or SHURE UHF HAND HELD RF MIC 9 STURDY GUITAR STANDS 16D 2 SWR or TRACE or HARTKE GK or TRACE or HARTKE PEAVEY NASHVILLE 400 PEAVEY SESSION 400 PEAVEY CLASSIC SERIES FENDER TWIN PEAVEY CLASSIC SERIES FENDER TWIN HAMMOND XK -2 ROLAND VK -70 YAMAHA P -100 ROLAND RD SERIES QUICK -LOCK "X" or "Z" MODEL 10" & 12" RACK TOMS 14" & 16" FLOOR -TOMS 14" SNARE DRUM 14" PICOLO or 12" SNARE 22" BASS DRUM 20" RIDE 14" HI -HATS 16" CHINA 14" & 16" MED CRASHES 10" or 12" SPLASH NO 18" CRASHES 6 CYMBAL BOOM STANDS 2 SNARE STANDS HI -HAT STAND/PEDAL HEAVY DUTY THRONE DW 5000 KICK PEDAL PEARL POWERSHIFTER 6 x 6 DRUM CARPET BETA 87 HEAD PLEASE ASSURE THAT ALL EQUIPMENT IS IN COMPLETE & PROFESSIONAL WORKING ORDER, AND THAT ALL UNITS HAVE CORRECT FOOT SWITCHES and/or VOLUME PEDALS. 16E 1 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16E 2 RESOLUTION NO. 2002- 154 A RESOLUTION ADOPTING THE REVISED EMPLOYEE OF THE MONTH PROGRAM PURSUANT TO THE PROVISIONS OF COLLIER COUNTY ORDINANCE NO. 87 -5 AND SUPERSEDING RESOLUTION NO. 87 -82 AS OF JANUARY 1, 2002 WHEREAS, Collier County Ordinance No. 87 -5 states that the Board of County Commissioners of Collier County, Florida, shall adopt a Resolution authorizing the expenditures of County funds to award County employees for recognition of outstanding service or achievement in connection with County employment; and WHEREAS, it is the desire of the Board of County Commissioners to enhance County employee productivity, promote and engender goodwill toward County government, encourage increased employee responsiveness to the needs and requests of the citizens of the County, and provide incentives for the attainment of these goals; and WHEREAS, Resolution 87 -82 was adopted on April 7, 1987, by the Board of County Commissioners of Collier County, Florida, establishing the Employee of the Month Award Program; and WHEREAS, the Board of County Commissioners currently has an "Employee of the Month" Program to recognize, by cash award, exceptional performances and unique contributions to the County; and WHEREAS, it is the desire of the Board of County Commissioners to revise the current Employee of the Month Program and to supersede Resolution No. 87 -82, effective January 1, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The cash award for the County Employee of the Month will be one hundred and fifty dollars ($150). 2. The attached Exhibit "A" is hereby incorporated as part of this Resolution and is hereby approved as the process for nominating and selecting the "County Employee of the Month and Year." 3. Resolution No. 87 -82 is hereby superseded, effective January 1, 2002. THIS RESOLUTION adopted after motion, second and majority vote favoring same. DATE D: Aq,� -C, ZG, •ZOPA., AT T BOARD OF COUNTY COMMISSIONERS COLLIER CO NTZF,,ORIDA :O i 6t4 . Brock, C erk Attest as to Chalrnan'; airm ,s\J signab" sell, .i,Approved`as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney 16E 2 EXHIBIT "A" COUNTY EMPLOYEE OF THE MONTH AND YEAR OBJECTIVE: To recognize by an award, exceptional performances plus unique contributions which have produced a significant results for Collier County. ELIGIBILITY: All full time regular non - supervisory employees, having completed the six -month probationary period; and having been rated at least "meets standards" on their most recent performance evaluation. NOMINATION PROCESS: An employee may be nominated by a fellow employee, immediate supervisor and /or Department Director. All nominations must be forwarded and approved by the Department Director. If approved, the nomination is submitted to the Employee Services Department. Employee Services will screen the nominations for qualifications and forward them to a committee comprised of representatives from each County Division. The committee will meet once each month and elect by majority vote, an "Employee of the Month" for the following month. The criteria should include, but not necessarily be limited to: significant accomplishments beyond normal work responsibilities; exemplary customer service; professional achievement; application of a uniquely innovative solution to a problem; implementation of a recommendation that resulted in cost savings, higher productivity, etc.; active community service; service beyond the call of duty. After a decision has been reached by the committee, the Employee Services Department will undertake the notification process and complete it, at least ten (10) days prior to the second Board meeting of the next month at which time the employee will be honored publicly in open session and be introduced to the Board of County Commissioners. All monthly recipients will automatically be eligible for the "Employee of the Year" Award. The committee as stated above will meet early in December to choose a winner, in time for the award to be given before the final Board meeting of the years. The Employee Services Director, or his designee, will attend, but will not vote. After the decision has been made, the Employee Services 16E 2 Director will direct the notification process so that the announcement will be handled in a timely way. FUNDING: The funding for the awards will be as follows: The Monthly Award — funds obtained from the appropriate departmental budget. The Yearly Award — funds to be obtained from the General Fund. AWARDS: Monthly - $150.00 Yearly - $250.00 plus reserved parking for one year. Copy of certificates will be placed in the employee's file. 16E 3 INTERLOCAL AGREEMENT FOR 800 MHz RADIO MAINTENANCE THIS INTERLOCAL AGREEMENT is entered into effective the date of last signing below, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and the City of Naples hereinafter referred to as the "CITY." WHEREAS, on April 2, 1998, the Naples City Council authorized the Naples Police & Emergency Services Department to join the Collier County 800 MHz radio system and did approve appropriations for purchase and installation of radio equipment for the first of a four -phase plan for migration from the former vhf radio system to the County 800 MHz radio system; and WHEREAS, the CITY recognizes the cost and practical benefits of participating in a COUNTY managed radio system that provides the CITY no cost maintenance of the radio system infrastructure, county -wide broadcast capabilities, economy of scale equipment purchases, and appreciably enhanced public safety communications; and WHEREAS, for fiscal year 2001/2002 the COUNTY offers all radio system agency participants an opportunity to enter into an Agreement through the COUNTY for annual maintenance of 800 MHz portable and mobile radios through a sole - source authorized local vendor at a lesser per unit cost for the CITY than would be possible by direct contract between the CITY and the same vendor for the same services; and WHEREAS, the Naples Police & Emergency Services Department and the CITY benefit through economy of scale by entering into an Agreement with the COUNTY for annual maintenance of the 800 MHz radio equipment; and WHEREAS, the Naples Police & Emergency Services Department has an authorized budget of $17,184 for 800 MHz radio maintenance costs for fiscal year 2001/2001; and WHEREAS, the COUNTY radio maintenance contract cost for the Naples Police & Emergency Services Department is within the department budget; NOW, THEREFORE, the CITY and the COUNTY agree and acknowledge as follows: 1. The COUNTY is a party to an agreement with Ericsson, Inc., for maintenance of the 800MHz radio system. The Agreement is titled "EDACS System Maintenance Agreement ", ( "EDACS Agreement ") a copy of which is attached hereto as Exhibit "A" and incorporated herein. That agreement provides (in paragraph 2) that the terms and conditions of the agreement shall be extended to all agencies and entities that operate on Collier County EDACS radio system. The CITY is such an entity. 2. The CITY and COUNTY agree that the CITY will receive all of the benefits of the extension of the EDACS Agreement to the CITY. 3. At the direction of the COUNTY, the CITY will pay to the COUNTY, or to the vendor, the CITY's proportionate share of the cost of maintenance and the actual cost of repairs at the rates provided in the EDACS Agreement. The CITY's share of 16E 3 annual maintenance costs for fiscal year 2001/2002 is set forth in the Attachments as a per unit cost. The maintenance and repair costs will be payable upon invoice by the COUNTY, within 45 days after receipt by the CITY. 4. Either party may terminate this Agreement upon 60 days written notice, without penalty, unless terminated by mutual agreement of the parties. 5. Unless terminated pursuant to paragraph 4., this Agreement shall remain in effect for so long as the EDACS Agreement remains in effect. IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the date set forth below. Dated: a►he�.. 1�e� ATA, T' DW,IGIfTT E:. Blk'OC9, Clerk Bye eputy Clerk t as 4iO4(,wv Approved as to form and legal sufficiency(: D , Thomas C. Palmer Assistant County Attorney ATTEST: TARA A. NORMAN, Clerk By: AA J- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA i, By: 41Z to culma's Yames N. Coletta Chairman Approved as to form and legality: By: --i � � h')' fi A F Robert D. Pritty ttorney Attachments 100035_1 CITY OF NAPLES Bonnie R. • Date: ZM AGENDA ITEM NO. MAR 2 6 2002 Pg. -- .--_ --- u1.nvru Lr.yurruP.i na« -..0 U dt 6 from 5305306y94 1 26 25 3 54 Page 2 EDACS SYSTEM MAINTEN.4,NCE AGREEMENT THIS EDACS SYSTEMS MAINTENANCE AGREEMENT (hereinafter "Agreement ") is entered into this 17 th day of November 1999, by and between ERICSSON INC., located at Mountain View Road, Lynchburg, Virginia, USA, ( "Ericsson "), and Collier County located at Naples, Florida (hereinafter "Customer "). 1. SCOPE OF AGREEMENT During the term of this Agreement ( hereinafter "Term "), Ericsson agrees to provide Customer with repair and maintenance services and parts, as set forth in Section 2 of this Agreement, to maintain the Customer's EDACS radio system equipment provided by Ericsson to Customer and listed in Addendum II to this Agreement. 2. CONDITIONS OF SERVICE Ericsson shall supply all supervision, labor, service facilities, repair parts, test equipment, and supplies necessary to meet the service requirements stated in Contract 94-2201 between. Ericsson Inc. and Collier County, approved on October 26, 1994. The terms and conditions of this agreement shall be extended to all agencies and entities that operate mobile equipment on Collier County's EDACS radio system. 2.1 Sen-ice Facilities Ericsson shall have a full service maintenance facility available and staffed with factory trained service technicians. The location and staffing level shall be sufficient to meet the service requirements stated in this Agreement. 2.2 Right to Subcontract Ericsson may subcontract service work to authorized service centers that meet the minimum requirements of an EDACS service center set forth in the Ericsson Authorized Service Center Agreement. Should any subcontractor fail to perform or their work otherwise proves unsatisfactory, Ericsson shall be responsible for continuing maintenance of the equipment by qualified technicians for the duration of this Agreement. Communications International Inc. is the only subcontractor approved by Collier County as of.luly 1999. Collier Nlaimmnancc A &reemcnt maincon.doe V2099 11 -30 -61 08:35 TO:NAPLES POLICE EMERGENCY SERVIC FROM:5305306 P02 'Dent by:II IUMPUItk 'DUPPUKt Nov -30 -01 08:35 from 5305306 9412625354 F it g _ 3 F 16E 3 2.3 Fixed Equipment Maintenance Fixed equipment is defined as those site repeater stations and associated equipment, multi - site coordinator, console electronics equipment, radio control stations and other fixed equipment, all as listed in Addendum 11 ' Equipment List, attached hereto and incorporated herein by reference. All work on fixed equipment shall be perforated at the location of the equipment. Emergency service shall be provided twenty -four hours per day, seven days per week. Technical personnel must respond and be at the location of the failed equipment ti4rithin thirty (30) minutes of notification of a failure during normal working hours and within 60 minutes of notification of a failure outside of normal working hours. This service is included in the monthly maintenance rate. No fixed equipment shall be out of service in e-xcess of two hours after notification of equipment failure when the failure results in the inability of mobile units to communicate with each other or with a dispatch center. This requirement may be met by temporary or permanent equipment repairs or. by tmporary or permanent equipment replacement. Temporary repairs or replacements shall be made permanent within five (5) days. 2.4 Mobile/MOVABLE Equipment Maintenance :Movable equipment is defined as vehicular mounted radios (including boats, aircraft, and specialty vehicles), portable radios, vehicular repeaters, portable radio chargers and other mobile equipment, all as listed in Addamdumn II Equipment List. Movable equipment shall be serviced at an ,Ericsson facility during normal working hours as mutually agreed upon by Ericsson and Collier County. Fricsson Inc. acknowledges that a limited number of specialty vehicles can not be delivered to the Ericsson facility. These vehicles will be serviced at the vehicle's work location. All movable equipment service requests shall be completed within two working days from the receipt of the repair request. If movable equipment carrot be repaired within two working days from the receipt of the repair request, a spare unit may be provided by the service provider to meet the two working day requirement. Emergency service shall be available twenty -four hours per day, seven days per week. Emergency service on moveable equipment, if requested, Will be performed at the rate for demand service set forth in Addendum I, Maintenance Rates, attached hereto and incorporated herein by reference. Ericsson Inc, has agreed that the occasional loss of a control knob, broken antennas,and frayed microphone cords will be replaced at no additional cost to Collier County provided the damage is from normal wear and tear and not physical abuse. 2.5 Spare Parts and Radios Ericsson will maintain an adequate stock of spare parts, system- critical modules and mobile and portable radios as required to meet the terms and conditions of this agreement. Any additional spare inventory requested by Collier County will be purchased at Collier County's expense. 11- 30-01 08:35 TO:NAPLES POLICE EMERGENCY SERV[C FROM:5305305 P03 went. by :IT COMPUTEPSUPPORT Nov -30 -01 05:35 2.6 Working Hours from 5305306 ->9412625354 Page 4 16E 3 Working hours are defined as 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays. Work performed outside of working hours is defined as emergency service and will be performed at demand service rates. 2.7 Demand Services/EXTRA SERVICES Tbc installation, (excluding new purchase's) removal, or reinstallation of equipment shall be performed by Ericsson or it's approved subcontractor, following reasonable notice, and at the rates listed in Addendum. I to this Agreement. Service work made necessary because of abuse or neglect not under the control of Ericsson will be performed at the hourly rate for demand service, plus the purchase of parts. Special work, not otherwise covered, will be performed at the prevailing rates established by Ericsson's approved subcontractor or may be. performed by Customer or its agents at Customer's election and expense. 2.8 Preventive Maintenance Ericsson will adhere to the following preventative maintenance schedule: Daily system test: Review alarm conditions on the system manager computer. Investigate and correct all alarm conditions. Print alarm reports when requested. Weekly system. test: Perform a functional test of all systems, all channels and all circuits. Verify that the system is fully functional with an end -to -end voice test. Correct any discrcpancies. Quarierly "Pest: For each site, pleasure and record transmitter power output lequency, high and low speed data levels, analog deviation and receiver sensitivity and frequency. Correct any deviations from system specifications. Semi- Aramal Test: At simulcast sites, verify system amplitude and phase alignment for all channels and all sites. Perform preventive maintenance checks on all repeater stations and site equipment, check antenna reflected power, combiner and multi - coupler performance. Correct any deviations from system specifications. Preventative maintenance shall be done during normal working hours, but not during "peak hours ". "Peak Hours" will be identified by the County. 11-30 -61 08:36 TO:NAPLE5 POLICE EMERGENCY SERVIC FROM:5365306 P64 Sent. by:IT COMPIITERSUPPORT Nos- -30 -01 05:36 2.9 Service Records from 530530619412625354 Page 5 16E 3 The following sen ice records, in the form of computer printouts, shall be provided: Monthly mobile service activity, by vehicle number, including model number, serial number, work performed and time required to restore service. Monthly emergency service activity including failure type, corrective action taken and time required to restore service. The results of preventive maintenance tests and inspections shall be provided vvithila 3f3 days of completion. 2.10 Software Upgrades Ericsson will provide labor to install and test software upgrades, whether for corrective or enhancement purposes, provided that Customer subscribes to an Ericsson software sen•ices agreement that provides the upgraded software. 2.11 Database Reprogramming Mobile radio or system database corrections will be provided by Ericsson at no cost to Customer if the correction is necessary because of an error or omission on Eriesson's part. Database changes made at Customer's request will be performed at the hourly rates listed in Addendum I to this Agreement. 2.12 General All senices provided under this Agreement are only applicable to the land mobile radio products and systems sold and provided by F,riessor to Customer and listed in Addendum If to this Agreement. 2.13 Special Conditions Any and all special service conditions are listed in Addendum III to this Agreement, the provisions of which are incorporated herein by reference. 3. CUSTOMER FINANCIAL OBLIGATIONS 3.1 Customer shall pay the total monthly maintenance fees as set forth in endum I to this Agreement monthly, in advance, on or before the first day of each month. Fees for demand services, as set forth in Addendum I to this Agreement, are payable within thirty (10) days of receipt of Ericsson's invoice. 4 11 -30 -61 08:36 TO:NAPLE5 POLICE EMERGENCY SERVIC FROM:5305306 P95 lien ?. II CBMPUTERSUPPORT Nov -30 -01 08:36 from 5305306)9412625354 Pa 9e 16E 3.2 Ericsson may at any time hereafter revise the rates set forth in Addendum I by giving Customer written notice thereof not later than ninety (90) day prior to the expiration of a yearly period, provided that the revised rates are mutually agreed upon in writing and said revised rates shall be effective for the next yearly period, unless either parry exercises its optiolt to terminate the Agreement. 3.3 Any other payments under this Agreement are due tivithin thirty (30) days of receipt of Ericsson "s invoice. 3.4 All late payments under this Agreement shall bear interest at a rate of one and one -half percent (1.5 %) per month. 4. WARRANTY 4.1 Ericsson Warrants that all services performed under this Agreement will be done in an efficient and workmanlike mariner. Under no circumstances will Ericsson's liability to Customer exceed the amounts paid by Customer under this Agreement for the applicable service that causes the Customer's claim. IN NO EVENT SHALL ERICSSON BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DONk -NTIME COSTS OR CLAIMS OF CUSTOMER'S CLIENTS, IF ANY, FOR SUC fi DAMAGES. 4.2 THE WARRANTY SET FORTH IN SECTION 4.1 ABOVE IS ERICSSON'S SOLE WARRANTY UNDER THIS AGREEMENT AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A. PARTICULAR PURPOSE, 4.3 Patents, Trademarks, Information a. Nothing in this Agreement shall be construed. as: (i) A warranty or representation by Ericsson that any advice provided under this Agreement is or will be free from infringement of patents of third parties; or (ii) Conferring a right to Customer to use in advertising, publicity or otherwise any trademark or trade name of Ericsson; or (iii) Granting to Customer by implication; estoppel, or otherwise any licenses or rights under patents of Ericsson. F1 6 9 11 -30 -01 08:36 TO:NAPLES POLICE EMERGENCY SERVIC FROM:5305306 P96 Sent, to :IT COMPUTER9UPPHT No;' -30 -01 06:36 from 5305306 ->9412625354 . P39e 7/11 16E 3 b• Ericsson makes no representations, extends no warranties of any kind, either expressed or implied, and assumes no responsibilities whatsoever,adth respect to the adequacy, accuracy Or utility of an }, information obtained by Customer under ibis Agreement. Ericsson assumes no responsibilities whatsoever with respect to the use by Customer or any third Party of any information obtained by Customer or third party under this Agreement with respect to any use, sale or other disposition by Customer or its clients or other transferees of any products incorporating or made by use of the information obtained t4ider this Agreement. 4.4 General a. Radio systems are subject to degradation of service from natural phenomena such as so- called "skip" interference and other causes beyond the reasonable control of Ericsson such as motor ignition and other electrical noise as well as interference from other users assigned by the FCC to the same or adjacent frequencies. Ericsson cannot be responsible for interference or disruption of service caused by operation of other radio systems or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such foregoing interference and noise can be minimized by the addition of corrective devices (at Customer's expense) adapted for particular locations and installations. Ericsson will investigate interference complaints (at the rates specified in Addendum I to this Agreement) and rinake recommendations as to the use of such devices: however, total freedom from noise and interference cannot be guaranteed. b. Ericsson does not assume responsibility for signal strength unless the deficiency is the result of substandard equipment maintenance. c. If, due to the action of regulatory authorities, changes to the equipment become necessary, such changes will be performed by Ericsson upon request at the expense of Customer. S. TERR'I AND TERMINATION 5.1 The services under this Agretmetit will be provided by Ericsson to Collier County fur a three year period as established in Contract 94 -2201 and thereafter on an annual basis as provided herein with rates to be modified as set forth in Section 3.2. 5.2 The services shall be automatically extended at the end of the initial three year period for an additional Year and on a succeeding yearly basis thereafter unless either party notifies the other, in writing, at least sixty (60) days prior to the end of the yearly period then in effect that the services shall not be extended, 5.3 In the event that Customer fails to make any overdue payments due to Ericsson under this Agreement within fifteen (15) days after receipt of written notice from Ericsson, Ericsson may at its option immediately thereafter terminate this Agreement. 0 11 -30 -01 08:36 TO:NAPLES POLICE EMERGENCY SERVIC FROM:5305306 P07 Sent: by:IT COMPUTERSUPPORT No« -30 -01 08:37 from 530530699412625354 Pa9L. 8/11 16E 3 5.4 In the event of any other default under this Agreement, either Customer or Ericsson shall give the other party written notice describing the default and a thirty (30) day period to correct the default. This Agreement may then be immediately canceled if the default is not corrected prior to the end of the thirty (30) day period. 6. GEN -RAL PROVISIONS 6.1 All notices under this Agreement shall be in writing and shall be deemed to have been duly given upon being delivered personally or upon receipt if mailed by certified mail, return receipt requested. Notices shall be sent to the representatives named below or any subsequent representative for which notice was provided pursuant to this section. Ericsson: Director, Field Services 5061 Fort Avenue Lynchburg, Virginia 24502 With a copy to: Ericsson Regional Service Manager Customer: Information Technology Collier County Gov. Admin. Building 5th Floor 3301 TamaimiTrail East Naples, Florida 34112 6.2 This Agreement shall be interpreted and the legal relations between the parties determined in accordance with the laws of the State of Florida. The invalidity, in whole or in part, of D ;n ,' any provision of this Agreelnew shall not affect the validity of enforceability of any other provisions thereof, 6.3 Ericsson shall not be responsible for delays or failures in performance under this Agreement that are due to causes beyond its reasonable control including, but not limited to, acts of God; war, fires, severe weather, floods, strikes, blackouts or embargoes. In the event such delays or failures interrupt Ericsson's services to Customer, Ericsson shall promptly notify Customer of the circumstances and the anticipated delay. 6.4 This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and this Agreement supersedes and replaces all prior Agreements and understandings, either oral or written, regarding the subject hereof. 6.5 This Agreement cannot be amended, modified or any provisions waived orally. All amendments and modifications must be in writing and signed by both parties. All waivers must be provided in writing by the party waiving their rights under this Agreement. 7 11 -30 -01 08:37 TO:NAPLE5 POLICE EMERGENCY SERVIC FROM:5305306 pea Sent by :1T COMF'UTERSUPPORT Nov -30 -01 03:37 from 530530619412625354 Pa 9e 9/11 16E 3 6.6 This Agreement may not be assigned without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Ericsson may: (i) assign all of its rights, obligations and liabilities colder this Agreement to any subsidiary of Telefonaktiebolaget LM Ericsson; or (ii) assign its rights to monies due or payable under this Agreement; Ericsson shall provide Customer with written notice of any such assignment. Ericsson's assignment of monies due or payable under the Agreement; will not relieve Ericsson of any obligations or responsibilities to Customer hereunder. IN u'ITNESS WHEREOF, Ericsson and Customer have executed this Agreement as of the date set forth below. BUYER ATTEST: DWIGHT E. BROCK,Clerk 0 Approved as to foml and Legal sufficiency- Thomas C. Palmer Assistant County Attorney SELLER ERICSSON INC. i Name: Title: C Date: !J' t BOARD OF COLWW COMMISSIONERS COLLIER COUNTY FLORIDA LE Pamela S. Mac'kie, Chairwoman WITNESS itness Name: 11 -30 -01 08:37 TO:NAPLES POLICE EMERGENCY SERVIC FROM:5305395 P09 Sent, L.yeIT C0MPUTER.5UPPORT Nov -30 -01 08"37 from 5305306y9412625354 Page 10 /11 16E 3 ADDENDUM I EDACS SYSTEM MAINTENANCE RATES A. MONTHLY,.RATES Monthi.y charges for maintenance: $ 30.664.1'7 (10199 — 9l00) Annual charges for maintenance: $367.970.0 B. DEMAND SERVICE RATES Hourly Rate (normal business hours): --U-500 75.00 Hourly Rate (overtime and holidays): $ 112.SQ Minimum charge 2 Hxs. Mobile /Portable Radio Reprogramming: $_L7,50 per unit C. ION RATES Hourly Rate: "5.00 0 11 -30 -01 08:37 TO:NAPLES POLICE EMERGENCY SERVIC FROM:5305306 P10 =ent by:IT COMPUTERSUPPORT Nov---0-01 08:37 from 530530619412625354 rage 11/11 ADDENDUM D 16E 3 COLLLER COUNTY GOVERNMENT EDACS MAINTENANCE COSTS UNIT COST MAINTENANCE TOTALS OCT 991 MMY30001 OCT 1994 OCT 2oWr OCT 20011 —v.0r •,een avipIr IAW jqv" 2001 SEPT 2002 TRLtN)tED REPEATERS 77 .00 210.00 186,340.00 195,657.00 207,396.42 CONVENTIONAL. REPEATERS 14 .00 157.50 25,410.00 26,680.50 28,281.33 SITE CONTROLLERS 5 g250.00 262.50 15,125.00 15,881.25 16,834.13 TESUALARM SYSTEM 5 .00 105.00 6,050.00 6,352.50 5,733.65 SYS'T'EM MANAGER COMPUTER 1 4D0.00 420.00 4;840.00 5,082.00 5,386.92 VOTING SYSTEM -PER CHANNEL 15 50.00 52.50 9,075.00 9,528.75 10,100:48 SIMULCAST SITES 4 100.00 105.00 4,840.00 5,082.00 5,386.92 C -3 CONSOLES 9 150.00 157.50 16,335.00 17,151.75 18,180.86 MICROWAVE HOPS 18 125.00 131.25 1 27,275.00 28,586.25 30,301.43 CONSOLE BACK UP RADIO$ 9 8.00 8.40 1 871.0 914.76 969.65 SYSTEM SUBTOTAL 296,TI1.20 310.916.76 329,571.77 EQUIPMENT SUBTOTAL 71.858.88 95,451.82 79,978.93 MAINTENANCE TOTAL 367,970.08 386,368.58 409550.69 MONTHLY PAYMENT 30.664.17 32,197.38 34,129.22 10 11 -36 -S1 08:37 TO:NAPLES POLICE EMERGENCY SERVIC FROM:5305306 P11 z 0 H a U U W z d Z a W A 1 A p -Z O O O O O O O O O O O O O O cr vlo, er O Rop O O O O m O) CA O) O m m m m 0 a 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 O 0 r.. 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WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: i ARTICLE ONE 16E5 CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 0) 6E9 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 16E5 requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16EE 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E5 2.7. Services during out -of -town travel required of CONSULTANT and directed by'OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- transmit 16E5 t o ansm t instructions, receive information, interpret and define OWNER 's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- (e) Provide notice to CONSULTANT of any deficiencies or defects discovers b .1.0 the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or 10 16E. lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. Ma ARTICLE FIVE COMPENSATION 16E5 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 16E5 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. _11- 16E5 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 16E5 the OWNER 's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E59.2. The acceptance b the OWNER of an Certificate of Insurance evidencing the insurance P Y Y 9 coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- Insurance and, if requested by Owner, certified true copies of the renewal policies sh 6 E 5 furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by. it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 1§dE5 Neither the acceptance of CONSULTANT's services nor payment b OWNER shall be dee p pY Y to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E5 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E5 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- 16E51 T m' 330 iami a Trail East Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: HDR Construction Control Corporation 2202 N. Westshore Boulevard Suite 250 Tampa, FL 33607 Attention: Mr. William H. Wadsworth 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- . The 16E5 17. 5 e of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTEST: Dwrght E Brp`c�k, Clerk Attest:;: _ i 0 Approved "as' to form and legal suffici Assistant Co Attorney Witnessed: By: (Ty By: (Ty (CORPORLATE SEAL) P 16E5 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: --- X4--A2 Chairman HDR Construction Control Corporation IV& a, /a . I By: (Type name): (Title): �c( -21- SCHEDULE A Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" Professional Credentials Principal P.E. Senior Engineer /Project Manager P.E. Engineer II P.E. Engineer I E.I.T Designer Planner Senior Planner A.I.C.P. or P.E. Senior Technician Technician Senior Inspector Inspector Other professional Surveyor P.L.S. 2 person field crew 3 person field crew Hydrologist Professional Geologist Ecologist Certified Ecologist Environmental Specialist Professional Wetlands Scientist P.E. (Structures) P.E. Structures Geotechnical Support Administrative Assistant, Secretary Clerical, other support $150.00 /h r $100.00 /hr $90.00 /hr $70.00 /hr $85.00 /hr $55.00 /hr $45.00 /h r $70.00 /hr $55.00 /hr $95.00 /hr $90.00 /hr $110.00 /hr $75.00 /hr $65.00 /hr $65.00 /hr $80.00 /hr $75.00 /hr $45.00 /hr $35.00 /hr 16E5 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B INSURANCE COVERAGE 16E5 (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E!; by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- 2 An deductible i t () y deduc b e appl cable o any claim shall be the sole responsibility 01 t e Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- SENT BY: 4- 1- 2 : 14 :24 :HDR ENGINEERING, INC 17320844:# 2/ 2 SIC Dry CERTIFICATE OF LIABILITY INSURANCE 000/12002 osier 0011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LOCKTON COMPANIES ONLY AND CONpERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47TH STREET, SUITE 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 181 b) ALTER THE covE RAN AFFogall p ay TO Palms Raw. KANSAS CRY MO 641124900 INSURERS AFFORDING COVERAGE. ATTN: LOUIS J. PACHMAN OMAHA. NE 68114.4049 Aga; THE POLICES-OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 POLIC1163. AGGRE OWN MAY HAVE BEEN REDUCED BY PAID' CLAIMS. A OtNERAL LWlLTTY N01111nCIALOMEMUUAeEM cLAwe MADE ® xcuR GED3504583 06/01/2OOI 06/01/2002 FACHOOCURR04= f) MED ON R GEWL AGGREGATE LWr APPLIES PER PROOUCTS. COMPIOP AGO B AJT0M09LEUA9U" ANY ARO ALL OWNED AUTOS BCHEOULfOAUTOS HIRED AUTOS NON•OWNEDAUros BAP3504594 BAP3504595 TAP3504586 06/01/2001 06101/2002 1 EDsim Euwr i 11000.000 INAIRY (PrBLprYsoli) $ 70OIXxxx BODILY INAlRY 1Praaddmu i XXXXXXx PRDPERTYWYWGE (P.►aoddrwl Sppp{ LIAILM ANY AUTO NOT APPLICABLE AUTO ONLY • EA A CIOENT B rSLrrY cxZ ❑ amm woE u1�RElu DEDUCTIBLE ®POIfaI IwTENTTDN BXOSZ852174 06/01 /2001 06101/2002 SAW 00CURNENGE I,000.Q AGGREGATE . XXXXXXX tr woRxwcollvENSATIDNAND ETIPLovow LL40LUY 37WBRMX9752 06/01/2001 06101/2002. X 12-43ATU RON EJ_ EACH ACCIDENT .L wEAw •TEA ' inn.nfin ORMAN • POLICY LIMIT , D OTWR ARCM A ENOS PAOPBSS10NAL UABU= PLNI1397WO 06101/2001 06101/2002 PBRCLADA:SI,UO W0. A00:31.000,000. DESCRIPTION OF AQDEB BY 9NDORSENIENTWECML PROYNKM 314203. FOR INFORMATION PURPOSES ONLY SNO" ANY OF THE ADM DESCRIEED POUCM EE CANCELLED EEPORE THE EK MATION DATE T"EREGF, THE MUNG INSURER w LL sNCEAVM *0 KUL 3() DAYS wRnTEN NOTICE TO THE CEATIPICATE HOI DER NAMED TO THE LEPT a4110115 110 =LMAMN a4Q9D4IIkDW=l NMRBRr= AGO= OR AUTHOFMO REPRWNTATra SCHEDULE C 1 6Erm TRUTH IN NEGOTIATION CERTIFICATE '� In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, HDR Construction Control Corporation hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. DATE: Z- to old& -26- 16E5 Contract # 01 -3291 "Fixed Term CEI Services" THIS AGREEMENT is made and entered into thisz6.2tk day ofe.t�c.k../ 200JI. by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Law Engineerinq & Environmental Services; a Georgia Corporation, authorized to do business in the State of Florida, whose business address is 1105 Sanctuary Parkway, Suite 300, Alpharetta, GA 30004 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: i 16E, ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided N 6EE and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 16Eic requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best Iwo professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services:- -4- 16EI 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army, Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out-of-town travel required of CONSULTANT and directed by O .J other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- 16E5 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 16E5 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- 16E5 lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. in ARTICLE FIVE COMPENSATION 16E5 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 16E55.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis, and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- respect to and in consideration for the indemnification provided 16E5 6.2. With res p on proved by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- In Er the OWNER's attorney, in which the contractor agrees to hold harmless and to defe woo OWNER,, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 9.2. The acceptance b the OWNER of an Certificate of Insurance evidencing the insul6 p Y Y 9 coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E5 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -is- Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be dE J to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s)-to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E5 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER,- including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided -by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E5 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- 3301 Tamiami Trail East 16E5 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Law Engineering & Environmental Services 1105 Sanctuary Parkway Suite 300 Alpharetta, GA 30004 Attention: Mr. Bruce P. Cavan 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E5 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTEST: Dwigk* Brock,`�lerk By{ �G :' - o Date: ei<, Attest as to s signatart"' Approved as, o form and legal Assistant Co t Attorney Witnessed: By: IAA (Type name): n all H. Sherrill By: &Lb - (Type name): arol J. Bucher (CORPORATE SEAL) BOARD OF COUNTY COMMISSIONERS O COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Chairman Law Engineering & Environmental Services By: A; J, P16. , (Type name): �e-M (Title): 1/;c_g -21- Professional Credentials Principal P.E. Senior Engineer /Project Manager_ P.E. Engineer II P.E. Engineer I E.I.T Designer Planner Senior Planner Senior Technician Technician Senior Inspector Inspector Other professional Surveyor 2 person field crew 3 person field crew Hydrologist Ecologist Environmental Specialist Structures Geotechnical Support SCHEDULE A Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" A.I.C.P. or P.E. P.L.S. Professional Geologist Certified Ecologist Professional Wetlands Scientist P.E. (Structures) P.E. Administrative Assistant, Secretary Clerical, other support $150.00 /hr $100.00 /hr. $90.00 /hr $70.00 /hr $85.00 /hr $55.00 /hr $45.00 /h r $70.00 /hr $55.00 /hr $95.00 /hr $90.00 /hr $110.00 /hr $75.00/h r $65.00 /hr $65.00 /hr $80.00 /hr $75.00 /hr $45.00 /hr $35.00 /hr 16E5 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B INSURANCE COVERAGE 16EE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E5 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- 16E (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- r iamnfl • 14azc 991 AWCnMFL o — — ACORD. CERTIFICATE OF LIABILITY INSURANCE E�Y,27102" "' PRODUCER Hamilton Dorsey Alston Company 4401 Northside Pkwy uite 400 y Atlanta, GA 30327 -3057 770 850 -0050 THIS CERTIFICATE 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 AFFORDING COVERAGE INSURED Law Engineering and Environmental Services, Inc. 3627 Progress Ave. Naples, FL 34104 INSURER A: Zurich American Insurance Company INSURER B: American Zurich Insurance Co. INSURER C: American Intl. Specialty Lines INSURER D: INSURER E: 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 LTR I TYPE OF INSURANCE POLICY NUMBER POLICY DATE EFFECTIVE MlDDlYY POLIDA CY EXPIRATION TE MM /DD/YY LIMITS • GENERAL LIABILITY AX CO MMERCIAL GENERA LLL�LIABILITY CLAIMS MADE X OCCUR X Blkt. Contract GL0225862804 XCU Coverage 09/01!01 09/01/02 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Any one fire) $2502000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY s2,000,000 X Stop -Gap Liab. 17POLICY LAGGREGATELIMITAPPLIESPER- X JjECOT- LOC GENERAL AGGREGATE s3,000,000 PRODUCTS - COMP /OPAGG $3,000,000 • • A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP225862904 TAP283353904 (TX) BAP381688300 (VA) 09/01/01 09/01/01 09101/01 09/01/02 09/01/02 09/01/02 i COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO i AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X11, OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $O AUC377621302 09/01/01 09/01/02 EACH OCCURRENCE s3,000,000 AGGREGATE s3,000,000 $ $ A A 'EMPLOYERS' WORKERS COMPENSATION AND WC225863004 09/01/01 09/01/02 LIABILITY WC283354004 (WI) 09/01/01 09/01/02 X WC STATU- OTH- RY LIMIT E.L. EACH ACCIDENT $1,000,0_00 $1,000,000 E.L. DISEASE - EAEMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 A C OTHER Pollution PCC682080709 09/01/01 09/01/02 Professional 2679442 06/01/99 06/01/02 Liability $1,000,000 Per Occ. $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONS(VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Professional Liability includes Pollution and Asbestos Consulting Services. Law Job No. RFP01 -3291 / Fixed Term Construction Engineering Inspection Services. Certificate holder is included as additional insured for General Liability coverage as respects work under contract with the named insured. CERTIFICATE HOLDER I I ADD ITIONAL INSURED: INSURER LETTER: CANCELLATION Collier County Government Support Services Division Attn: Barbara Hecher 3301 Tamiami Trail East Naples, FL 34112 / 1Mf - •��••� SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAILW DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLD ERNAM ED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR AUTHORIZED RE For HDA By: I.- I I VI I& 11""71JG -VWWI 11114VGL0 1111 L%7 v .- .vv..r vv... v..r+...... ...�� 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 form 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. ACORD25S(7/97)2 of 2 #S132406/M120229 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E5 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Law Engineering & Environmental Services hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: DATE: OZ% ZiI25Z -- -26- Contract # 01 -3291 "Fixed Term CEI Services" 16E 5 RECEIVED HUMAN 8ES0U,9CES THIS AGREEMENT is made and entered into thisot( day of J 200 ,1, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and CH21VI Hill, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 4350 W. Cypress Street, Suite 600, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 ARTICLE ONE 16E 5 CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 1.6E 5 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 16E 5 requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- !6E 5 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E 5 1 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- i to transmit instructions, receive information, interpret and define OWNEF�S 1 oEes a5 decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 6' 1 _ 5� (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -s- 16E 5 lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- ARTICLE FIVE COMPENSATION i6r s r 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 16E 5 1 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. SIB 16E 5 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 1br 5 the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 6 r 5 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E 5 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E 5 Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- mina with d portion of the fee earned through the date of termination, together with any g and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 9 re 16E 5' 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -is- 3301 Tamiami Trail East 16E 5 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: CH2M Hill, Inc. 4350 W. Cypress Street Suite 600 Tampa, FL 33607 Attention: Mr. William J. Gramer 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 17.5. The headings of the Articles, Schedules, Parts and Attachments as con 76E ined this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTEST: Dwig4t.e� ,Clerk :.t B Date:: Att qt As f rsiA'i :few ApprbV0_4 a. §16- and legal suffi ' y: Asglista'ht C04Wy Attorney Witnessed: By: (Type na e): By:% (Type name):.��sc (CORPORATE SEAL) 16F 5 r BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: / 4--e69 - -- 61-1 Chairman CH2M Hill, Inc. By:� b� (Type name): v. /jow�n (Title): "/ice P-fS /o% f -21- SCHEDULE A Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" Professional Credentials Principal P.E. Senior Engineer /Project Manager P.E. Engineer II P.E. Engineer l E.I.T Designer Planner Senior Planner A.I.C.P. or RE Senior Technician Technician Senior Inspector Inspector Other professional Surveyor P. L. S. 2 person field crew 3 person field crew Hydrologist Professional Geologist Ecologist Certified Ecologist Environmental Specialist Professional Wetlands Scientist P.E. (Structures) P.E. Structures Geotechnical Support Administrative Assistant, Secretary Clerical, other support $150.00 /hr $100.00 /h r $90.00 /hr $70.00 /hr $85.00 /hr $55.00 /hr $45.00 /hr $70.00 /hr $55.00 /hr $95.00 /hr $90.00 /hr $110.00 /hr $75.00 /hr $65.00 /hr $65.00 /hr $80.00 /hr $75.00 /hr $45.00 /hr $35.00 /hr 16� 5 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- I SCHEDULE B INSURANCE COVERAGE 16E 5 (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 1 16E 5 , by the Owner of the work under this Agreement. Limits of Liability shall not, be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- 16E 5 (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- i CERTIFICATE NUMBER ...' .z. ,.,, .• ;. o v.. n. ....; . ,yen,.. ..R.. ,_ _ . m .etx '.,.., ., . IOa " "6€ .Ft <M.a +b :.. .. _ 3.,:9 SEA- 000521577 -01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17th Street POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Suite 2100 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Denver, CO 80202 COMPANIES AFFORDING V COMPANY 5114 - 00124 -ALL -2000 TPA FEB02 521573 A ZURICH AMERICAN INSURANCE CLP9 INSURED COMPANY CH2M HILL, INC. B 4350 WEST CYPRESS STREET SUITE 600 COMPANY TAMPA, FL 33607 C COMPANY D CpYElAt3II E Grp+» tt,... erl9t aY. cYivaty, isICica.flie�'pisli�clt,t8c,ov=l' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTVIATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS GENERALLIABILITY GENERAL AGGREGATE $ 2,000,000 • COMMERCIAL GENERAL LIABILITY GL08378563 -06 05/01/01 05/01/02 X PRODUCTS - COMP /OP AGG $ 2,000,000 CLAIMS MADE Fx I OCCUR PERSONAL & ADV INJURY $ 750,000 EACH OCCURRENCE $ 750,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ 750,000 $950,000 SIR MED EXP (Any one person) $ • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BAP8378516 -06 (AOS) 05/01/01 05/01/02 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEOULEDAUTOS TAP8378560 -06 (TX) BAP8378561 -06 (VA) 05/01/01 05/01/01 05/01/02 05/01/02 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS MA8378562 -06 (MA) 05/01101 05/01/02 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY WC8378566 -07 05/01/01 05/01/02 X TORY LIMITS 'f,h — EL EACH ACCIDENT $ 1,000,000 EL DISEASE- POLICY LIMIT $ 1,000,000 A THE PROPRIETOR/ X INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL WC8378565 -06 05/01/01 05/01/02 EL DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCAnONS/VEHICLES /SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) RE: GENERAL SERVICES - CEI SERVICES. PM: BILL GRAMER. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND /OR OPERATIONS. WORKERS' COMPENSATION INCLUDES WAIVER OF SUBROGATION. CRiIFiCATEH4I.bER ;�) €¢ `' I,Ft" i[ f ICANCILLAiIG1NI,£1(t(Qu(£ SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _ A DAYS WRITTEN NOTICE TO THE COLLIER COUNTY ATTN: KELSEY WARD CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 EAST TAMIAMI TRAIL LIABILITY OFANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. NAPLES, FL 34112 MARSH USA INC. BY: Dorothy A. Stevens odo%Atv 0 G 011 / r t E4� ;•: � � Ht`A_` ` � ct[ `' CERTIFICATE NUMBER SEA- 000521832 -00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS VAN GILDER INSURANCE CORPORATION NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 700 BROADWAY, SUITE 1000 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER COLOPAD080203 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDIN91ON&AfT COMPANY 5114 - 00005 -ALL1 -2000 TPA A SECURITY INSURANCE CO OF H FORD INSURED COMPANY CH2M HILL, INC. B 4350 WEST CYPRESS STREET COMPANY SUITE 600 TAMPA, FL 33607 C COMPANY D ..$AE 7'.'.;. E £ E; �,. �' # E.« .$h ". �. i G ',1 ? �'IItP} I # hi u > it€ a�w; ;w; � aria -r� t�I yiiit' tas s THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGG $ CLAIMS MADE FI OCCUR PERSONAL & ADV INJURY $ EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY:` N$ EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TO LIMITS ERitE EL EACH ACCIDENT ¢ {EEI �! $ THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE OFFICERS ARE: F1 EXCL EL DISEASE - POLICY LIMIT $ EL DISEASE -EACH EMPLOYEE $ A PROFESSIONAL SPL701338 05101/01 05/01/02 $1,000,000 EACH CLAIM AND LIABILITY" IN THE AGGREGATE DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) RE: GENERAL SERVICES - CEI SERVICES. PM: BILL GRAMER. `FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED, THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. # F Y E i 6 E }} € i „� C:ERTiFICATE HQ�,DER�., , .. YIL.... _, ..4.. 3�1 i4 ,.. E CANOiE �,...._.,.I...._ .... _. SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 1 DAYS WRITTEN NOTICE TO THE COLLIER COUNTY ATTN: KELSEY WARD CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 EAST TAM IAMI TRAIL LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. NAPLES, FL 34112 MARSH USA INC. �,/ BY: Velma Lane p,�irn.e,.'Z40I.- a,z F '���: �'� E H� S #g " }:CN €� $• NaE t€ � Y.t P � { { {: F'x f �tS✓ #�[.� �{ ]=E � ' {Y t }ti. •i E,. 1� : )lyae{'%'�i i#.�k15"�sti%' � S X I4' �,{�„,'fi�r 4 3 €.. �I .,. � � $% (yy,e, x�{5; �}� j}%F//((I� ii ltl�%1 x�':Ts, } €GII'�tv�€ •.�Y.t .1 €,�� "4 tY'� ��� -ibfF , �4i/��IVG SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E 5 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: -�t -� z ✓SSG eoz- / • u �i�ti�Ir/J DATE: Mll Contract # 01 -3291 "Fixed Term CEI Services" 16E 5 ' RECEIVED MAR 2 $ 2002 HUMAN RESOURCES THIS AGREEMENT is made and entered into this 2(.%,r-day of , 2001 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Hole Montes, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples, FL 34110 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: I ARTICLE ONE 1 6E 5 CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E 5 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 6.E 5 requirements, the CONSULTANT shall notify the OWNER of such conflict a utili its ts best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16E 5 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E 5 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- 6E 5 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 6 . E 5 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- 16E 5 lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- ARTICLE FIVE COMPENSATION 16E 5 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 16E 5 ' 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- I lb ,, 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 16E 5 the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E 5 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E 5 Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E 5 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 1 6P 9 4 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- 3301 Tamiami Trail East 16E 5 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Attention: Mr. Robert L. Murray 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. K411 ATTEST: i. 'binght 5, <� Prock, Clerk Date. Atteit 0 to Chi ir=n's % jp d wo' ani .,. Approved as o form and 'legal s Assistant CouWAttorney Wit ssed: By: (Type name): By: (Type name): Jr. (CORPORATE SEAL) 16E BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Chairman Hole Montes, Inc. By: (Type name : (Title): Sr. Vice President /Principal -21- 5 SCHEDULE A Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" Professional Credentials Principal P.E. Senior Engineer /Project Manager P.E. Engineer II P.E. Engineer I E.I.T Designer Planner Senior Planner A.I.C.P. or P.E. Senior Technician Technician Senior Inspector Inspector Other professional Surveyor P.L.S. 2 person field crew 3 person field crew Hydrologist Professional Geologist Ecologist Certified Ecologist Environmental Specialist Professional Wetlands Scientist P.E. (Structures) P.E. Structures Geotechnical Support Administrative Assistant, Secretary Clerical, other support $150.00 /h r $100.00 /hr $90.00 /hr $70.00 /hr $85.00 /hr $55.00 /hr $45.00 /hr $70.00 /hr $55.00 /hr $95.00 /hr $90.00 /hr $110.00 /hr $75.00 /hr $65.00 /hr $65.00 /hr $80.00 /hr $75.00 /hr $45.00 /hr $35.00 /hr 16E 5 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B 16E J INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16 by the Owner of the work under this Agreement. Limits of Liability shall not be less ant e following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- 16E (2) Any deductible applicable to any claim shall be the sole responsibility of e Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID LEM -1 DATE 02 /1DD/Y1) 02/15/02 PRODUCER Lutgert Smith Lesher - Naples 671 Goodlette Rd., Suite 130 Post Office Drawer 1587 THIS CERTIFICATE 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 POLICIF S BELOW. INSURERS AFFORDING COVE G Naples FL 34106 Phone: 941- 262 -7171 Fax: 941- 262 -5360 INSURED INSURER A: Travelers Property && Casualty INSURER B: Ohio Casualty Group 1660235X3704 INSURER C: FCCI Insurance Company Hole Montes Inc. 950 Encore Tayy Naples FL 341D8 INSURER D: Encompass Insurance $1,000,000 FIRE DAMAGE (Any one fire) INSURER E: OVERAGES 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. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY M/D EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM/DD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR 1660235X3704 01/01/02 01/01/03 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PC JECT RO LO PRODUCTS - COMP /OP AGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp $250 Ded 810- 588Y8065 01/01/02 01/01/03 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ X Coll $500 Ded GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR FICLAIMSMADE DEDUCTIBLE X RETENTION $10,000 BX052494695 01/01/02 01/01/03 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 11003 01/01/02 01/01/03 X I TORY LIMITS I ER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 D OTHER Professional Liability AEN113988730 01/01/02 01/01/03 Per Claim $2,000,000 A re ate $2 000 000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Contract #01 -3291 Fixed Term CEI Services. Waiver of subrogation applies to workers compensation. Certificate Holder is included as Additional Insured. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION COLLC -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Gov r t DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU SHALL Attn : Stephen Parnell 3301 E Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples FL 34112 REPRESENTATIVES. AUTHO REP ESENTATIVE I — a 2Z gAr I ACORD 25S (7197) / V w I ' / V v'` - """ `� DACORD CORPORATION 1988 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E 5 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: 79sl -26- Contract # 01 -3291 16E 5 1 "Fixed Term CEI Services" THIS AGREEMENT is made and entered into this a4/day of 1 200x, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Barraco and Associates, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 2271 McGregor Boulevard, Fort Myers, FL 33901 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 16E 5 " ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 0) 16E 5 1 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 5 requirements, the CONSULTANT shall notify the OWNER of such conflict a 6 E its ts best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16E 5 1 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E 5 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- 16E 5 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in anyway whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 16E 5 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or 16E 5 lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- ARTICLE FIVE COMPENSATION 16E 5 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 16E 5 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- 16E 5 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 16E 5 the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 9.2. The acceptance b the OWNER of an Certificate of Insurance evidenci the Euran5 P Y Y coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E 5 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E 5 Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E 5 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E 5 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or 'by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -is- 3301 Tamiami Trail East 16E 5 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Barraco and Associates, Inc. 2271 McGregor Boulevard Fort Myers, FL 33901 Attention: Mr. Carl A. Barraco, President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 17.5. The headings of the Articles, Schedules, Parts and Attachments 16 co L ined 5 thig Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTEST: 'bwight E,; Brock, Clerk By: r~ -' Dat Dx- to CNirwts' Approved as to form and lega fi Assistant CowfKy Attorney Witnessed: By:� (Type nee): By: (Type name): (CORPORATE SEAL) 16E 5 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: 4zj� -eo hairman Barraco and Associates, Inc. By: �--Q A (Type na e): 5 r^ (Title): -21- SCHEDULE A Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" Professional Credentials Principal P.E. Senior Engineer /Project Manager P.E. Engineer II P.E. Engineer I E.I.T Designer Planner Senior Planner A.I.C.P. or P.E. Senior Technician Technician Senior Inspector Inspector Other professional Surveyor P.L.S. 2 person field crew 3 person field crew Hydrologist Professional Geologist Ecologist Certified Ecologist Environmental Specialist Professional Wetlands Scientist P.E. (Structures) P.E. Structures Geotechnical Support Administrative Assistant, Secretary Clerical, other support $150.00 /h r $100.00 /hr $90.00 /hr $70.00 /hr $85.00 /hr $55.00 /hr $45.00 /hr $70.00 /hr $55.00 /hr $95.00 /hr $90.00 /hr $110.00 /hr $75.00 /hr $65.00 /hr $65.00 /hr $80.00 /hr $75.00 /hr $45.00 /hr $35.00 /hr 16E 9 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B 16E S INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E 5, by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate M12 16E 5 (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY ErFECTIVE DATE MM/D P LILY EXPIRATION DATE MM /DD/YDIY Y LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR 21SBALC3389 06/29/01 06/29/02 EACH OCCURRENCE $1,000000 FIRE DAMAGE (Any one fire) $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY P JECT RO LOC PRODUCTS - COMP /OP AGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS 21UECLJ8635 07/30/01 07/30/02 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO I AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR 71 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 21WECDU9711 06/26/01 06/26/02 TORY LIMITS I X I ER E.L. EACH ACCIDENT $'5500, 000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $ 500 000 B OTHER Professional Liability SFN114032212 05/12/01 05/12/02 Aggregate $1,000,000 Occurence $1,000,000 1DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Contract #01 -3291 -- "Fixed Term CEI Services" 30 Day notice of cancellation for Workers Compensation. Collier County is named as additional insured with interest in insureds operations with respect to General Liability only. CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Collier County BOCC IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. Tamiami Tr. Naples FL 34112 REPRESENTATIVES. ACORD 25 -S (7/97) © ACORD CORPORATION 1988 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E 5 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Barraco and Associates, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: l (� - �3 a� DATE: "). - \3 -44 -- -26- r, Contract # 01 -3291 - FEB I "Fixed Term CEI Services" THIS AGREEMENT is made and entered into this 4ay of- e.s•.... , 200A, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Johnson Engineering, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 2350 Stanford Court, Naples, FL 34112 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: i 16E 5 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to- execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided FA 16E 5 1 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 16E . requirements, the CONSULTANT shall not' 1 notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANTSs obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16E 5 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies,, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E 5 1 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- 16E 5 � to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in anyway whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 16E (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order performance of this Agreement. Time is of the essence with respect to the 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- 5 lock -outs, then CONSULTANT shall notif 5 16E y OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- ARTICLE FIVE COMPENSATION 16E 5 4 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 16E 5 ; 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- 16g 6.2. With respect to and in consideration for the indemnification provided by NE in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and Jocumentation 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price,as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 16E the OWNER's attorne y, in which the contractor agrees to hold harmless and to defen OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self - insurance program carried by the OWNER applicable to the Work. -13- 16E 5� 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16 Insurance and, if requested by Owner, certified, true copies of the renewal policies s all b furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E Neither the acceptance of CONSULTANT s services nor pa Y ment b Y OWNER shall be d med5 to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- lt�g portio n of the fee earned through the date of termination, to ether with an retaina held5 9 Y and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E 5 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the )NSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- 3301 Tamiami Trail East 16E 5 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Johnson Engineering, Inc. 2350 Stanford Court Naples, FI 34112 Attention: Mr. Steven K. Morrison 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E 5 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating Lo or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- 16E ATTEST:'j ' -'' , BOARD OF COUNTY COMMISSIONERS FO COLLIER COUNTY, FLORIDA, A POLITICAL DWfght5, Wojbk, Clerk SUBDIVISION OF THE STATE OF FLORIDA By Date: .2. a-L By: Attiit �t ;«o CM11mn'= Chairman siQnatw a sill. Approved as to form and legal suffi ' �7 Johnson Engineering, Inc. AS istant Con Attorney Johnson Engineering, Inc. 2350 Stanford Court Naples, Florida 34112 Witnessed: B Y : - (Type name): Steve Morrison By: �� � /�� (Title): President (Type Gar R. Bull By: (Ty B rbie Lit zler (CORPORATE SEAL) -21- SCHEDULE A Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" Professional Credentials Principal P.E. $150.00 /hr Senior Engineer /Project Manager P.E. $100.00 /hr Engineer II P.E. $90.00 /hr Engineer] E.I.T Certified Ecologist Designer Environmental Planner Specialist $70.00 /hr Senior Planner A.I.C.P. or P.E. $85.00 /hr Senior Technician Structures $55.00 /hr Technician Geotechnical $45.00 /hr Senior Inspector $70.00 /hr Inspector $55.00 /hr Other professional Surveyor P. L. S. $95.00 /hr 2 person field crew $90.00 /hr 3 person field crew $110.00 /hr Hydrologist Professional Geologist $75.00 /hr Ecologist Certified Ecologist $65.00 /hr Environmental Specialist Professional Wetlands Scientist $65.00 /hr Structures P.E. (Structures) $80.00 /hr Geotechnical P.E. $75.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr 16E 5 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B INSURANCE COVERAGE 16E 5 1 (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E 5 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- 16 5 (2) Any deductible applicable to any claim shall be the sole responsibility o the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- 941- 939 -3813 FIVE CO INS FT MYERS 959 P01 Al UNP. UhK I WICATE OF LIABILITY INSURANCE Five County InGUrance Agency 1614 Colonial Blvd Fart Myers FL 33907 Phone -941- 539 -1400 Pax:941- 939 - 3813 INSURED PO nouo155gineering Isle Fort Myers FL 33902 (COVERAGES fl161 16: P I J DATE immiumvi .. 3-1 __04/10/02 ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE � ' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL)cIES BELOW, INSURERS AFFORDING COVERAGE INSURER A, TransCont :Lnental Ins -CNA -CAF[ INSURER B: Continental Casua1�y- cxA -Chm INSURER C: American CaeualitY CO -CXA -CAN _ INSURER 0: FCCI Insurance Co. INSURER E. Cen+inrn��l fps ®..s7a.. Jts�.. ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR rOTHER DOCUMENT INSURED WITH RESPECT TO WHICH POLICY THIS CERTIFICATE ICATE MAY BE ISSUED OR DING 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. pig �q TYPE OF INSURANCE POLICY NUMBERMlD P�IITB ylAA1DDAmO - UM175 - GENERAL LIABILITY EACH OCCURRENCE S 1, OD0.000_ X CoMMERCMGENERALLIABILITY TCPIOSS828136 09/1S/O1 09/15 ®02 FIRE DAMAGE (Anyanefiro) s 501 000 CLAIMS MADE !J OCCUR MEQ 6XP GEN'L AGGREGATE LIMIT APPLIES PER. POLICY X PO- JERCT LOC AUTOMOBU-E UAauTY C X ANY AUTO 01055828173 ALL OWNED AUTOS SCHE13ULEDAUTOS X HIRED AUTOS a NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESS LIABILITY R X OCCUR El CLAIMS MADE I CUP1055828187 DEDUCTIBLE 4C RETENTION 310,01 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY R f Professional. Liab $150,000 D as cim 393$7 rANA114128986 y one person, 3 ®0 0 PERSONAL &ADVINJURY 51,0001000 GENERALAGGREGATE 3 a, 000 ® 000 PRODUCTS - COMP /OP AGO COMBINED SINGLE LIMIT 14 09/15/01 09/15/02 (Eaacciden0 BODILY INJURY (Parperaon) BODILY INJURY (Per accident) r ®0 0 PROPERTY DAMAGE 3 (Per mccidenl) AUTO ONLY - EA ACCID!ANGG�G T S OTHER THAN EA C $ AUTO ONLY' $ EACH OCCURRENCE 09/15/O1 09/15/OZ AGGREGATE 09/24/01 09/24/02 EL. EACH ACCIDENT E.L. DISEASE - EA EMP _ E L. DISEASE - POLICY 520 /000,000 320,000,000 3 S l' 000,000 $100.00,000 _ 31,00.000 07/23/01 07/23,/03 + Each Clm $10,000,0000 Annual Ag $15.000.000 Collier County Board of county commissioners are list ®d gas Additional Insured cn all coverages XXCSPT Workers C=Vensation and Professional Liability with reference contract 013291 "Fixed Perm Cal servic ®a". Fax: 732 -0844 GERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER.. COLLIER COUNTY BOARD OF CO'0'I311'1^J: COMMISSIONERS ADMIN sBRVICZS DIV PURCHASING DRPT 3301 3 TAKIMZ TRAIL COMPLEX NAPLES FL 34112 COLL330 CANCELLATION SHOULD ANY OF THE ABOVE CESCAME0 POLICIRS BE CANCELLED BEFORE THE EXPIRATIO DATE THERSOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -ID— OATS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, In AGENTS OR REPRESENTATWEL SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E 5 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Johnson Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. DATE: Note: It is our understanding from the transmittal letter to this contract dated February 6, 2002, that the wages, rates and other factual unit costs submitted by Johnson Engineering and hereby certified above may have been used, in part, to make up the "standard" fee for professional services in this contract. This "standard" fee in Schedule A does not necessarily coincide completely with the wages, rates and other factual units costs that were submitted by Johnson Engineering. -26- 16E5 Contract # 01 -3291 "Fixed Term CEI Services" THIS AGREEMENT is made and entered into this ,Z -day of 2002, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and TBE Group, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 380 Park Place Boulevard, Suite 300, Clearwater, FL 33759(hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term CEI Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: I 16E5 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term CEI Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E5 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. -3- 1.8. CONSULTANT agrees not to divulge, furnish or make available to an thir 5firm or 9 9 Y p , organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. sm 16E5 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. -5- 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein 16 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT' services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the 0 CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: 16 E 1-,; (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -7- 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 6 E 5 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through two years from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional two (2) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 10 16E5 " 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. In 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 16F 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. -i0- 16E5 " 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. 16 E 5 ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance -12- 16Fr)w described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a -13- p art hereof. CONSULTANT shall require each of its subconsultants and su ckrz ors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. -14- 16E5 ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms -15- 16 E� 5 or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder -16- 16E r)- are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. -17- ARTICLE FIFTEEN MODIFICATION 16E5 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: TBE Group, Inc. 380 Park Place Boulevard Suite 300 Clearwater, FL 33759 Attention: Mr. Lance D. Lairscey 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS -18- 16F5 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 25 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3291 - "Fixed Term CEI Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". -19- ARTICLE EIGHTEEN APPLICABLE LAW 16FS 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Fixed Term CEI Services the day and year first written above. �,�,%NX Wh L \\ fi t ?,Ik p# a asy .0fjaf an " S ApFgy`� form and legal 564.1 Assistant C-qdnt7y Attorney Witnessed: N (Type name): Christine chusen By (�acsd (Type ame): cyntizia Barnes (CORPORA T E SEAL) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Z4--�� Chairm TBE Group, Inc. 380 Park Place Boulevard. Suite 300 By. , u . (Type name): irsc (Title): Vice President -20- SCHEDULE A 16 E Collier County Fee Schedule RFP 01 -3291 "Fixed Term CEI Services" Professional Credentials Principal P.E. $150.00 /hr Senior Engineer /Project Manager P.E. $100.00 /hr Engineer II P.E. $90.00 /hr Engineer I E.I.T Certified Ecologist Designer Environmental Planner Specialist $70.00 /hr Senior Planner A.I.C.P. or P.E. $85.00 /hr Senior Technician Structures $55.00 /hr Technician Geotechnical $45.00 /hr Senior Inspector $70.00 /hr Inspector $55.00 /hr Other professional Surveyor P.L.S. $95.00 /hr 2 person field crew $90.00 /hr 3 person field crew $110.00 /hr Hydrologist Professional Geologist $75.00 /hr Ecologist Certified Ecologist $65.00 /hr Environmental Specialist Professional Wetlands Scientist $65.00 /hr Structures P.E. (Structures) $80.00 /hr Geotechnical P.E. $75.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -21- SCHEDULE B INSURANCE COVERAGE 16E5 (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) -22- X General Aggregate $1,000,000 1 Products /Completed Operations Aggregate $1,000,000 E 5, Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. -23- (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner 16E9 END OF SCHEDULE B. -24- r- ue.,+g- a+n-A TAMDFIOVA ACORD. CERTIFICATE OF LIABILITY INSURANCE Dm) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 01/29/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suncoast Insurance Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 22668 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33622 -2668 GENERAL LIABILITY 813 289 -5200 INSURERS AFFORDING COVERAGE INSURED TBE Group, Inc. INSURER A: United States Fidelity & Guaranty 6 INSURER B: American Manufacturers Mutual Ins 380 Park Place Blvd, Suite 300 Clearwater, FL 33759 - -- — — - -- -- - INSURER C: Security Ins of Hartford INSURER D: INSURER E: 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. LSR TYPE OF INSURANCE POLICY NUMBER POALICY EFFECTIVE POOLICY EXPIRATION LIMBS A GENERAL LIABILITY BK01158348 06 /30/02 106130/03 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire) $1,000,000 j X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10,000 CLAIMS MADE x OCCUR PERSONAL & ADV INJURY j $1,000,000 1 GENERAL AGGREGATE 1$2,000,000 III GEN'L AGGREGATE LIM IT APPLIES PER: FPRODUCTS - COMPIOPAGG s2,000,000 POLICY PRO- LOC j A AUTOMOBILE LIABILITY BA01158301 06/30/02 06/30/03 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) i$1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X -- HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY -- AUTO ONLY - EA ACCIDENT, $ ANY AUTO 1_- _.._ -___— OTHER THAN EA ACC $ AUTO ONLY: qGG $ A EXCESS LIABILITY BK01158348 06/30/02 06/30/03 EACH OCCURRENCE s7,000,000 X1 OCCUR J CLAIMS MADE j AGGREGATE S $7,000,000 $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND 7CO61261203 05/01 /02 05/01 /03 X �Ry LAM T$ (OTH_ EMPLOYERS' LIABILITY -- - -- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEEI $1,000,000 E.L. DISEASE -POLICY LIMIT i $1,000,000 C 1!: OTHER PL515777 06/30/02 06/30/03 $5,000,000 Each Claim Professional $5,000,000 Ann Aggr ILlability DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Professional Liability is written on a claims made basis. The Certificate Holder is also Additional Insured with respects to the General Liability, Automobile Liability and Excess Liability policies. Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_ DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILURE TO DOSOSHALL IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURE RJTS AGENTS OR REPRESENTATIVE IIV VRY GJJ t / /.7li'� OT Z #57UU50/M53116 MDL O ACORD CORPORATION 1988 SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E5 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, TBE Group, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. DATE: -25- January 31, 2003 Contract # 01 -3292 16E6 4% "Fixed Term Professional Structural Engineering Services" THIS AGREEMENT is made and entered into this ZZ day of , 200x, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and CH2M Hill, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 4350 W. Cypress Street, Suite 600, Tampa, FL 33607 (hereinafter referred to as the "CONSULTANT "). W ITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term Professional Structural Engineering Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 16E6 -10 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term Professional Structural Engineering Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E6 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these 20 requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 16E6 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16E6 2.1. Preparation of applications and supporting documents (except those already to be 'm furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 16E6 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- 6 E 6 4 to transmit instructions, receive information, interpret and define OWNER's p policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings,. product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. b �" ' 'I 3.3. CONSULTANT acknowledges, that access to any work site, to be arrange y OWN R for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or In lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extensio16E6 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- ARTICLE FIVE COMPENSATION 16E6 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 16E6 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per a Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered -to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. _11- 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. 16E6 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. 16C6 ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E6 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work_ CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 16E6 , 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -ts- Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. 16E6 ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E portion of the fee earned through the date of termination, together with any retainage with eId and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 16E6 i 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E6 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or,by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East 16E6 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: CH2M Hill, Inc. 4350 W. Cypress Street Suite 600 Tampa, FL 33607 Attention: Mr. William J. Gramer 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No. modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E6 a 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3292 - "Fixed Term Professional Structural Engineering Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTEST: otttau ?e'tiff . Dwigl��� o, erk By Apprs #t� end legal suffix;,, f , J Assigtant 'Cou nty/Attbrney 16E6 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION O THE AT OF FLORIDA By: 't Chairman Witnessed: By: 6�, (Type name SlZ, / /.— (Type name): (CORPORATE SEAL) CH2M Hill, Inc. By: c I/ J (Type name): (Title): y��t %,e��sio�•� -21- I Professional SCHEDULE A Collier County Fee Schedule RFP 01 -3292 "Fixed Term Professional, Structural Engineering Services" Credentials Principal P.E. $150.00 /hr Senior Engineer /Project Manager P. E. $100.00 /hr Engineer II P. E. $90.00 /hr Engineer I E. LT Designer $70.00 /hr Senior Technician $55.00 /hr Technician $45.00 /hr Senior Inspector $70.00 /hr Inspector $55.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr 16E6 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- L SCHEDULE B INSURANCE COVERAGE 16E6 .1 (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- W*$ b the Owner of the work under this Agreement. Limits of Liability shall not be Is6f 6 Y 9 Y following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. 16E6 (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- AMEnY*4f ".Y Y �5 +.; � CERTIFICATE NUMBER SEA- 000521573-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17th Street POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Suite 2100 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Denver, CO 80202 COMPANIES AFFORDING COVERAGE COMPANY 5114 - 00124 - ALL -2000 TPA FEB02 521573 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY' CH2M HILL, INC. B 4350 WEST CYPRESS STREET COMPANY U L& SUITE 600 TAMPA, FL 33607 C COMPANY D s `—ti � fN� 'E �II� '� {�, #f P�_w,�.LQ�+!01��,,fat THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO j LTR j TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A COMMERCIAL GENERAL LIABILITY jGL08378563 -06 05101/01 05/01/02 X PRODUCTS - COMPIOPAGG $ 2,000,000 CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ 750,000 EACH OCCURRENCE $ 750,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ 750,000 MED EXP (Any one person) $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BAP8378516 -06 (ADS) 05/01/01 05/01/02 BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS TAP8378560 -06 (TX) BAP8378561 -06 (VA) 05/01/01 05/01/01 05/01/02 05/01/02 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS MA8378562 -06 (MA) 05/01/01 05/01/02 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION ANDt EMPLOYERS' LIABILITY WC8378566 -07 05/01/01 05/01/02 X I TORY LIMITS ER a r EL EACH ACCIDENT $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 A THE PROPRIETOR/ X INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL WC8378565 -06 05/01/01 05/01/02 EL DISEASE -EACH EMPLOYEE $ 1,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) RE: GENERAL SERVICES — STRUCTURAL ENGINEERING. PM: BILL GRAMER. CERTIFICATE HOLDER 1S NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND /OR OPERATIONS. WORKERS' COMPENSATION INCLUDES WAIVER OF i PM M, M k .. 5 d GERTIF TE, HO L7EFt ,+t�¢ I MOW }}(( 4 +C ; I�+£� .. .F�..�sHnR I,:f,M,A,E#'Yd'6 €d :s`ssm" Est' §€ t F� M H ws 4AxN�tIE I C+ �` 'ES;dS'dil`{�e #Oi2#Eh ,YI ,. .,.. ,� �: %4�{: pIO -�,&�, °`i...,�d SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL '0 DAYS WRITTEN NOTICE TO THE COLLIER COUNTY ATTN: KELSEY WARD CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 EAST TAMIAMI TRAIL LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. NAPLES, FL 34112 MARSH USA INC. BY: Dorothy A. Stevens d0% 4* Ad - - E:. ,3E XfifRS t 3[g94 14E"P*..F4 -+'Y '4 3 f '_. 3 i. R :: `P `�q (��{ S� IIH 1 r iii } ;;E aq{k #`" . -. E : 3n 0171 �.- INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. PRODUCER VAN GILDER INSURANCE CORPORATION 700 BROADWAY, SUITE 1000 DENVER COLORAD080203 5114 - 00005 -ALL1 -2000 TPA INSURED CH2M HILL, INC. 4350 WEST CYPRESS STREET SUITE 600 TAMPA, FL 33607 CERTIFICATE NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANY A SECURITY INSURANCE CO OF HARTFORD COMPANY B COMPANY C COMPANY D _ ...._...._.._....._._._.......- - ..•....A,.. . =A,ce....:,�.x <._. K..,,. re�ras:.+; aeia*.^ taan:*+ �i: tt�a <lr:.Y4'.MYfiln:..F4ir'df�?;.a: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD ATED. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED IC MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. L MAY HAVE BEEN REDUCED BY PAID CLAIMS. ED SHOWN L R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS GENERAL ;' LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F-1 OCCUR OWNER'S & CONTRACTOR'S PROT GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS FIRE DAMAGE (Any one fire) $ MED EXP (Any one arson COMBINED SINGLE LIMIT $ $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO EL EL EL AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: $ EACH ACCIDENT EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE OFFICERS ARE: EXCL T E AGGREGATE EACH OCCURRENCE $ $ AGGREGATE $ TORY LIMITS ER EACH ACCIDENT $ $ DISEASE- POLICY LIMIT $ DISEASE -EACH EMPLOYEE Fs A !PROFESSIONAL LIABILITY- L701338 I 05/01/01 I 05/01/02 I $1 1 THE AGGREGATE IM AND -- - -•••• .+.ww..0 Ivnarvonwtt�rArtGIAL ITEMS (LIMITS MAYBE SUBJECT TO DEDUCTIBLES OR RETENTIONS) RE: GENERAL SERVICES - STRUCTURAL ENGINEERING. PM: BILL GRAMER. 'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL , 1 DAYS WRITTEN NOTICE TO THE COLLIER COUNTY ATTN: KELSEY WARD CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR 3301 EAST TAM IAM I TRAIL LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. NAPLES, FL 34112 Velma Lane '/11t- 4:041� SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE 16E6 In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill. Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: DATE: 02/5��a -26- Contract # 01- 3292 "x "Fixed Term Professional Structural Engineering Services" THIS AGREEMENT is made and entered into this,2 � day of 200 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Jenkins & Charland, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 12381 Cleveland Avenue, Suite 204, Fort Myers, FIL 33907 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term Professional Structural Engineering Services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 16E6 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term Professional Structural Engineering Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E6 '� and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided -and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 16E6 requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non- public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated - in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- E 2.1. Preparation of applications and supporting documents (except those la§y to e furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or_ Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E6 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority -6- 16E6 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in anyway whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNERSs requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 1606 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- �. 6 E 6 .' lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after ' commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those ,for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. In ARTICLE FIVE COMPENSATION 16E6 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by-the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- .4 a 16E6 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless- CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- 16E6 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 1100� the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he/she is -an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E6 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E6 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -ts- E6 Neither the acceptance of CONSULTANT's services nor payment by OWNER sha a deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s).to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E6 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working ' solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -is- 3301 Tamiami Trail East 16E6 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made. pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Jenkins & Charland, Inc. 12381 Cleveland Avenue Suite 204 Fort Myers, FL 33907 Attention: Mr. Paul E. Carroll, Vice President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E6 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3292 - "Fixed Term Professional Structural Engineering Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- I_ftr * &S ,tinsstttrrrrrr�,,� B Dated 'd Apprbv "and legal Assistant ou Attorney W itness7d` B (Typennpme): By:41 (- (Type na ):/Alice B. Garlock (CORPORATE SEAL) 16E6 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE ST TE OF FLORIDA By: Chairman Jenkins & Charland, Inc. 12381 Cleveland Avenue, Suite 204 Fnrt MVars . F1 nri rla 3X907 By: (Type name'):' 'Pau-1 . Carroll, P. E. (Title): vice President -21- SCHEDULE A Collier County Fee Schedule RFP 01 -3292 "Fixed Term Professional Structural Engineering Services" Professional Credentials Principal P.E. $150.00 /hr Senior Engineer /Project Manager P. E. $100.00 /hr Engineer II P.E. $90.00 /hr Engineer I E.I.T Designer $70.00 /hr Senior Technician $55.00 /hr Technician $45.00 /hr Senior Inspector $70.00 /hr Inspector $55.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr 16E6 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B 16E6 INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property -Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E6 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. 16E6 (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- SIC ®RD CERTIFICATE ®F LIABILITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ,,, 02/12/2002 PRODUCER C615)383-8874 FAX C615)383-8939 FRANK E. NEAL & CO., INC. 2223 EIGHTH AVENUE, SOUTH THIS CERTIFICATE 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. P.O. BOX 40507 NASHVILLE, TN 37204 INSURERS AFFORDING COVERAGE INSURED JENKINS & CHARLAND, INC. INSURER A: CNA Insurance Co. 217 WARD CIRCLE INSURER B: BRENTWOOD, TN. 37027 INSURER C: INSURER D: EACH OCCURRENCE INSURER E 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. INSR TYPE OF INSURANCE POLICY NUMBER DP POLICY EFFECTIVE POLICY EXPIRATION DATE MM1DD LIMITS GENERAL LIABILITY 224619670 01/07/2002 01/07/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S 100,000 CLAIMS MADE T OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPICP AGG $ 2,000,000 POLICY X PRO CT LOC JE AUTOMOBILE LIABILITY ANY AUTO 2055076109 01/07/2002 01/07/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY 224619670 01/07/2002 01/07/2003 EACH OCCURRENCE S 1,000,000 X OCCUR F-1 CLAIMS MADE AGGREGATE $ 1,000,000 A $ $ DEDUCTIBLE X RETENTION $ 10,000 $ WORKERS COMPENSATION AND 224513560 01/07/2002 01/07/2003 JOTH- X ToRYLIMITS I ER A EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS HE CERTIFICATE HOLDER IS INCLUDED AS ADDL INSURED AS RESPECTS GENERAL IABILITY COVERAGE FOR WORK PERFORMED BY THE NAMED INSURED. GtK I 111-1GA It: HULL&K ADDITIONAL INSURED; INSURER LETTER GANGtLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COLLIER COUNTY GOVT.ADMINISTRATIVE SERVICES PURCHASING DEPT /PURCHASING BUILDING FAX:941- 774 - 8407 /KELSEY WARD 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ( _ ,�� - ,• ,.. Mark Neal /RITA WICA TRCINTE -01 CO D CERTIFICATE OF L.IABIL.ITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ,. 02/12/2002 PRODUCER ( 901) 820 -0400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crow Friedman Group, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE John D Crow HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5583 Murray Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 120 INSURERS AFFORDING COVERAGE Memphis TN 38119 -0858 $ INSURED INSURERA: Security Insurance Company of Hartford INSURER 8: ' Jenkins & Charland Inc. 12381 Cleveland Ave. INSURER C: INSURER D: Suite 204 INSURER E: Fort Myers FL 33907 -0000 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—I OCCUR MED EXP (Any one person) $ Named Insured: TRC International Ltd., TRC Jenkins & Charland, Inc.; H. Wilden & Associates Associates Inc.; Suresh R. Patel, P.E.; S Worldwide Engineering, Inc.; Sureshl esh Patel /Jenkins Inc; Patel & Charland, Inc. PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S POLICY PRO LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ I BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ i i AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ I$ S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND I OR STATU- WC Y LIMITS OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER k Professional Liability I PLOEX113753 03/18/2001 03/18/2002 Each Clalm $ 3,000,000 k Professional Liability PLDEX113753 03/18/2001 03/18/2002 Annual Aggregate $ 5,000,000 )ESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 'IFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: Collier County Gvt. /Prchsng. Dpt. Kelsey Ward 3301 D. Tamiami Trail General Services Building Naples FL 34112 -0000 \CORD 25-S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 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 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE f ,G' © ACORD CORPORATION 1988 SCHED ULE C 16E6 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Jenkins & Charland Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. � LriE. Carroll, P.E. , Vice President DATE: February 11, 2002 -26- 16E6 Contract # 01 -3292 "Fixed Term Professional Structural Engineering Services" 4 AL THIS AGREEMENT is made and entered into thisQ� day of _'ma -k� , 200A, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and American Consulting Engineers, a Florida Corporation, authorized to do business in the State of Florida, whose business address is 4111 Land O'Lakes Boulevard, Suite 310, Land O'Lakes, FL 34639 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term Professional Structural Engineering Services of the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 16E6 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term Professional Structural Engineering Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E6 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall. have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- 16E6 requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to' OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16E6 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 16E6 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority -6- 6E6 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The _Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 16E6 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof,., including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) workin a commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- 16E6 ARTICLE FIVE COMPENSATION 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 16E6 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. 16E6 ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 16E6 the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required, must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E6 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E6 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such Coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E6 Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E6 portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E6 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required - hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No - modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- 3301 Tamiami Trail East 16E6 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: American Consulting Engineers 4111 Land O'Lakes Boulevard Suite 310 Land O'Lakes, FL 34639 Attention: Mr. Jeffrey S. Novotny 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 6E6 17.5. The headings of the Articles, Schedules, Parts and Attachments as con ained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3292 - "Fixed Term Professional Structural Engineering Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- �tll4itt! {Ff ?tftrr,, Dwighk<"''t3*, " 31 ttkc X By y y �•� Datd: 'man's ry Appro4d,pa fr nd legal suff' f i sta nf`Co u r}ty'Atto rn e y Witnessed: By: 1 (Type name): ac.,-FT tit . v- Q-p i By: Arg?C:: (Type name): iZu6-''" e T A . vfAL6- P4TI (CORPORATE SEAL) 16E6 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION THE TATE OF FLORIDA By: Chairman American Consulting Engineers By: name): 's Ito , Ni (Title): P6-tco m �1; �c,E� �►�r�� -21- SCHEDULE A Collier County Fee Schedule RFP 01 -3292 "Fixed Term Professional Structural Engineering Services" Professional Credentials Principal P.E. $150.00 /hr Senior Engineer /Project Manager P.E. $100.00 /hr Engineer II P.E. $90.00 /hr Engineer I E.13 Designer $70.00 /hr Senior Technician $55.00 /hr Technician $45.00lhr Senior Inspector $70.00 /hr Inspector $55.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr 16E6 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B 16E6 I+,r INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E6 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- b6 (2) Any deductible applicable to any claim shall be the sole responsibil of e Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- 16E6 ACORDTM CERTIFICATE OF !101 L INSAN' DATEMI26IO2 YI PRODUCER 502 - 244 -1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNDERWRITERS SAFETY & CLAIMS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11405 PARK ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 23790 COMPANIES AFFORDING COVERAGE LOUISVILLE, KY 40223 COMPANY A Security Ins. Co. of Hartford INSURED COMPANY American Consulting Eng., PLC B Mr. Jeff Novotny COMPANY 4111 Land O' Lakes Blvd, Ste 310 C Land O'Lakes FL 34639 COMPANY D COVE RAGES= THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD /YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR PERSONAL & ADV INJURY $ EACH OCCURRENCE S OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) S MED EXP (Any one person) S AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE _ $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Wc sTATU- 0TH- TORY LIMITS I I ER ` EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE 1 $ OFFICERS ARE: EXCL A OTHER PL701935 7/01/99 7/01/02 PROFESSIONAL $2,000,000 EACH CLAIM LIABILITY $4,000,000 AGGREGATE 1ESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /SPECIAL ITEMS RE: CONTRACT 01 -3292, FIXED TERM PROFESSIONAL STRUCTURE ENGINEERING SERVICES. RERTIF�Gi41€tHOLDER'�� GANCELLATI04 ,..� COLLIER COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: KELSEY WARD, PURCHASING 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3301 E. TAMIAMI TR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY NAPLES, FL 341 12 OF NY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHfRfqD REPRESENTA E AAA. tfL I (CORD 25 -S (1195)" 5 -75 ORD GORPORATIUN- 15138" ACORN CERTIFICATE ®F LIABILITY INSURANC�OPID DATE RI 3 02/26/02 PRODUCER ACEC /MARSH THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101 -2500 84SBXDR9448 Phone: 800- 338 -1391 Fax: 888- 621 -3173 INSURERS AFFORDING COVERAGE INSURED- _ _ _._ INSURER A: Hartford Insurance Com an - _ INSURER B: American ' Consulting Engrs , PLC 4111 Land O Lakes Blvd. INSURER C: Suite 310 Land 01 Lakes FL 34639 INSURER D: INSURER E: X 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM /DDMf LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR X CONTR. LIAR 84SBXDR9448 11/01/01 11/01/02 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone fire) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X XCU COVERAGE GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY }{ J C JECT LOC PRODUCTS - COMP /OP AGG s2,000,000 • AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 84UEVPH3373 11/01/01 11/01/02 COMBINED SINGLE LIMIT (Ea (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ • EXCESS LIABILITY X OCCUR CLAIMSMADE 0 DEDUCTIBLE X RETENTION $ 10,000 84XHVPH0336 11 /01 /01 11/01/02 EACH OCCURRENCE $ 4, 0 0 0, 0 0 0 AGGREGATE $ 4,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS* LIABILITY 84WBVFM9852 11/01/01 11/01/02 X TORY LIMITS ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS JOB DESCRIPTION: CONTRACT 01 -3292, FIXED TERM PROFESSIONAL STRUCTURAL ENGINEERING SERVICES. COLLIER COUNTY GOVERNMENT IS INCLUDED AS ADDITIONAL INDURED AS RESPECTS WORK PERFORMED BY THE NAMED INUSRED. yr yr YYII,II,YMI. IIYJVRCVi IIYJVRG[LCI I CK: VNIYl.G1..LN I lvm COLLIE5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN COLLIER COUNTY GOVERNMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PURCHASING DEPT ATTN: KELSEY WARD, PURCHASING IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 EAST TAMIAMI TRAIL REPRESENTATIVES. NAPLES FL 34112 AUTHORIZED REPRESENTATIVE W_. . CL P ACORD 25S (7197) ©ACO`RD CORPORATION 19RH SCHEDULE C 16E6 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, American Consulting Engineers hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: DATE: 2c&-2- -26- Contract # 01 -3292 16E6 "Fixed Term Professional Structural Engineering Services" THIS AGREEMENT is made and entered into this Ql� day of 2001 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and TKW Consulting Engineers, Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 12553 New Brittany Boulevard, Building 32, Fort Myers, FL 33907 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term Professional Structural Engineering Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: i ARTICLE ONE CONSULTANT'S RESPONSIBILITY 16 E 6'0.4 1.1. CONSULTANT shall provide to OWNER professional Fixed Term Professional Structural Engineering Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided N 16E6 "w and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 16E6 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non- public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 16E6 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 16E6 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority Ir� 16E6 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 16E6 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -s- 16E6 lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. In ARTICLE FIVE COMPENSATION 16E6 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 16E6 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. _11- 16E6 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- the OWNER's 9 attorney, in which the contractor agrees to hold harmless and I 6Z6 OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E6 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E6 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E6 Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any, company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 'M .0 Imm . 16E6 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- 3301 Tamiami Trail East 16E6 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: TKW Consulting Engineers, Inc. 12553 New Brittany Boulevard Building 32 Fort Myers, FL 33907 Attention: Mr. T. K. Williams, President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E6 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3292 - "Fixed Term Professional Structural Engineering Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTESD,am wr, =f,, Dv'�' ocYc; •�r� rrtr man's S*4w. ; Approvdd,as"t o i im and legal ien Assistant Co y Attorney Witnessed: : •- -. ,. Ica wt 1� (Type (CORPORATE SEAL) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Chairman TKW Consulting Engineers, Inc. By: (Type name): Sk ,,n AnAp,son (Title): Pres i d e., -t- -21- 16E6 SCHEDULE A Collier County Fee Schedule RFP 01 -3292 "Fixed Term Professional Structural Engineering Services" Professional Credentials Principal P.E. $150.00 /hr Senior Engineer /Project Manager P.E. $100.00 /hr Engineer II P.E. $90.00 /hr Engineer I E.I.T Designer $70.00 /hr Senior Technician $55.00 /hr Technician $45.00 /hr Senior Inspector $70.00 /hr Inspector $55.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B 16E6 INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- by the Owner of the work under this Agreement. Limits of Liability shall not bets &E& following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. 16E6 (3) The Consultant/Professional shall continue this coverage for this Project for a period, of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- ACORD CERTIFICATE OF LIABILITY INSURANCI�mOPID P CO -1 DATE (MM /DD/YY) 02/13/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LSI IN SIR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe & Co. Ft. Myers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906 -6139 GENERAL LIABILITY Phone:941- 433 -4535 Fax:941- 433 -4148 INSURERS AFFORDING COVERA INSURED INSURER A: The Hartford Insurance CojL INSURER B: CNA A INSURER C: T K W Consulting Engineers Inc 12553 New Brittanyy blvd. Fort Myers FL 339D7 INSURER D: INSURER E: 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. LSI IN SIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVt DATE MM /DD/YY OLICY EXPIRATION DATE MMlDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 21SBAEP8126 07/11/01 07/11/02 FIRE DAMAGE (Any one fire) $300,000 CLAIMS MADE XI OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 , 000 , 000 POLICY PRO- LOC JECT A AUTOMOBILE LIABILITY ANY AUTO 21SBAEP8126 07/11/01 07/11/02 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $4,000,000 A X OCCUR FI CLAIMSMADE 21SBAEP8126 07/11/01 07/11/02 AGGREGATE $ 4,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 21WECDZ6716 01/01/02 01/01/03 TORY LIMITS I X ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $ 500 000 j OTHER B Professional PRA113855286 07/11/01 07/11/04 Aggregate $1,000,000 Liability Occurence $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Contract #01 -3292 "Fixed Term Professional Structural Engineering Services" 30 Days notice of cancellation for 14orkers Compensation. Certificate holder is named as additional insured with interest in insureds operations with respect to General Liability only. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION COL33 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1_ DAYS WRITTEN 3301 East Tamiami Trail Collier County 330 NOTICE TO THE 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 Naples FL 34112 REPRESENTATIVES. AUTHORI PRESENTATIV AL;UKU 25 -5 (7197) ©ACORD CORPORATION 1988 SCHEDULE C 16E6 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, TKW Consulting Engineers, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: DATE: -26- 16E6 ; Contract # 01 -3292 "Fixed Term Professional Structural Engineering Services" THIS AGREEMENT is made and entered into thiso(cr day of I " l 0-AX-14, , 200& by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Anchor Engineering Consultants, a Florida Corporation, authorized to do business in the State of Florida, whose business address is 1520 Royal Palm Square Blvd., Suite 200, Fort Myers, FL 33919 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term Professional Structural Engineering Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 16E6 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term Professional Structural Engineering Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E6 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. "l 16E6 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 16E6 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 2.7. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 16E6 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator'). The Work Coordinator shall have authority -6- 16E6 to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 16E6'1 (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- 6 6 } . lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) workin days a er commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. -9- ARTICLE FIVE COMPENSATION 16E6 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 16E6 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- 6.2. With respect to and in consideration for the indemnification provided by IN R in E6 paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- 16E6' the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he /she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- Insurance and, if requested by Owner, certified, true copies of the renewal policie16 s sha W�'!a furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E6 ' 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -i8- 3301 Tamiami Trail East 16E6 Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Anchor Engineering Consultants 1520 Royal Palm Square Boulevard Suite 200 Fort Myers, FL 33919 Attention: Mr. Richard G. Lewis, President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 16E6 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3292 - "Fixed Term Professional Structural Engineering Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B ", Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- ATTEST: ,,,iututrarrrr,,. SA . Witnessed: L. p By: (Type name): Judy C. Perrella By: oi� (Type name): David G. Fecitt (CORPORATE SEAL) 16E6 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE S ATE OF FLORIDA 1-12 - - A e- k By: Chairman Anchor Engineering Consultants By: (Type name): Richard G. I,ewi.s (Title): President —21— SCHEDULE A 16E6 Collier County Fee Schedule RFP 01 -3292 "Fixed Term Professional Structural Engineering Services" Professional Principal Senior Engineer /Project Manager Engineer II Engineer I Designer Senior Technician Technician Senior Inspector Inspector Credentials P.E. P.E. P.E. E.I.T Support Administrative Assistant, Secretary Clerical, other support $150.00 /h r $100.00 /hr $90.00 /hr $70.00 /hr $55.00 /hr $45.00 /hr $70.00 /hr $55.00 /hr $45.00 /hr $35.00 /hr This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- 16E6 SCHEDULE B INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property -Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E6 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- 16E (2) Any deductible applicable to any claim shall be the sole responsibility o the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID KI DATE(MM /DD/YY) CHO -1 02/15/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC /MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101 -2500 Phone: 800-338-1391 Fax:888- 621 -3173 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Insurance Company Anchor Engineering Consultants INSURERB: Inc. Att: Vickie Lewis INSURER C: do 1520 Royal Palm SCI Blvd St.200 INSURER D: Ft.Myers FL 33919 INSURER E: 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. N RI ILTR TYPE OF INSURANCE POLICY NUMBER POLICY AE MM /DDlYY DATE MM /DD/Yl' LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1*1 OCCUR 84SBXCG6370 11/01/01 11/01/02 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER. POLICY X PRO ECT LOC J PRODUCTS - COMP /OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 84SBXCG6370 11/01/01 11/01/02 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR CLAIMS DEDUCTIBLE RETENTION $ 84XHVNP1711 11/01/01 11/01/02 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 84WJVAI4548 11/01/01 11/01/02 WC 3 X TORY LIMITS ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E L DISEASE - POLICY LIMIT 1 $500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED FOR PROJECT: CONTRACT 01 -3292 "FIXED TERM PROFESSIONAL STRUCTURAL ENGINEERING SERVICES." COVERAGE IS PRIMARY AND ANY INSURANCE HELD BY THE ADD'L INSURED IS EXCESS AND NON - CONTRIBUTORY. A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE ADD'L INSURED. CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION COLLCOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN COLLIER COUNTY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL BOARD OF COUNTY COMMISSIONERS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PURCHASING BUILDING 3301 E . TAMIAMI TRAIL REPRESENTATIVES. NAPLES FL 34112 AUTHORIZED REPRESENTATIVE Q. P ACORD 25 -S (7/97) @ACCPRD CORPORATION 1988 1 6FA ACORD,M CERTIFICATE OF 11ABILITY INSURANCE DATo Y (MM /DDf ) PRODUCER 502 - 244 -1343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION UNDERWRITERS SAFETY & CLAIMS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11405 PARK ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 23790 COMPANIES AFFORDING COVERAGE LOUISVILLE, KY 40223 COMPANY A Security Ins. Co. of Hartford INSURED COMPANY Anchor Engineering Conslt. Inc B Ms. Vickie Lewis COMPANY 1520 Royal Palm Sq. Blvd #200 C Fort Myers FL 33919 COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YYI POLICY EXPIRATION DATE (MM /DD /YY) LIMITS GENERAL LIABILITY - GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE EI OCCUR PRODUCTS • COMP /OP AGG $ PERSONAL & AOV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) S MED EXP (Any one person) $ AUTOMOBILE LIABILITY - ANY AUTO ' COMBINED SINGLE LIMIT $ BODILY INJURY Mer person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO _ OTHER THAN AUTO ONLY: EACH ACCIDENT _ $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM ROTHER AGGREGATE $ THAN UMBRELLA FORM $ WORKERS COMPENSATION AND LIABILITY S ATU- 014H T RY IMIT R " EL EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE R EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE S OFFICERS ARE: EXCL A OTHER AEE02221 13 1/27/02 1/27/03 PROFESSIONAL 1,000,000 PER CLAIM LIABILITY 1,000,000 ANNUAL AGGREGATE nw�wlarwua,. ncma CONTRACT 01 -3292 "FIXED TERM PROFESSIONAL STRUCTURAL ENGINEERING SERVICES" CERTIFICATE HOLDER COLLIER COUNTY /BOARD OF CO COMMISSIONERS 3301 EAST TAMIAMI TRAIL NAPLES FL 43112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR RFPRFSFNTATIVFS_ v 1 773 V ncrw , ; -A- q 111 U ACORD 25 -S (1/95) 5-75 0 ACORD CORPORATION 1988 SCHEDULE C 16E6 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Anchor Engineerina Consultants hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. DATE: 0-00 —ez,7OZ- -26- 16E6 Contract # 01 -3292 "Fixed Term Professional Structural Engineering Services" wu THIS AGREEMENT is made and entered into this day of ► , 2002. by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER ") and Pyper Engineerina Inc., a Florida Corporation, authorized to do business in the State of Florida, whose business address is 7370 College Parkway #101, Fort Myers, FL 33907 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Fixed Term Professional Structural Engineering Services of the CONSULTANT concerning work and /or the improvement of areas within the operational jurisdiction of Collier County, such services to be performed by the CONSULTANT pursuant to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. 7'' NI S WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 16E6 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Fixed Term Professional Structural Engineering Services in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate a Work Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided 2 16E6 .4 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Work Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these -3- requirements, the CONSULTANT shall notify the OWNER of such conflict and u e its e6 professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWNER'S work budget. The evaluations and opinions shall be delivered to OWNER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be delivered with the report to be furnished by CONSULTANT as part of the Scope of Services. 1.10. Evaluations of the OWNER'S budget, prepared by the CONSULTANT represent the CONSULTANT'S best judgment as an experienced and qualified professional Engineering consultant. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic Services: -4- 16E6 ..' 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. -5- 6 E 6 x; 2.7. Services during out -of -town travel required of CONSULTANT and dire c ed by OWNER, other than visits to the Project site or OWNER's office or local travel as defined herein. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator "). The Work Coordinator shall have authority Irell to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the site to perform the services to be provided by CONSULTANT under this Agreement; and -7- 1bE6 ' (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights -of -way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be performed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or -8- 16E6 lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two calendar years of a Notice to Proceed, the CONSULTANT's compensation may be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus all time extensions granted by OWNER to CONSULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 10 ARTICLE FIVE COMPENSATION 16E6 5.1. The COUNTY will compensate the CONSULTANT for the services performed on each Work Order in accordance with a negotiated lump sum, cost plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. 5.2. Subcontractual services, if any, shall be invoiced by the CONSULTANT at the actual fees paid by the CONSULTANT. 5.3. Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the County's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. -10- 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic Services, Subcontractual Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County- approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -11- 16E6 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or the date the work is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during 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. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order shall include language, satisfactory to -12- the OWNER's attorney, in which the contractor agrees to hold harmless 1 o Ebd OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized Representatives of the insurance company /companies shown on the Certificate with proof that he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shall be given to the OWNER of any cancellation, intent not to renew, or reduction in the policies' coverages, except in the application of the Aggregate Limits Provisions. In the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstated to the full extent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the OWNER applicable to the Work. -13- 16E6 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and limits required in this Agreement does not constitute approval or agreement by the OWNER that the insurance requirements have been met or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of this Agreement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the CONSULTANT by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage ", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsultant or subcontractor is expressly waived in writing by the OWNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. All liability insurance policies, other than the Professional Liability, Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provisions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of -14- 16E6 Insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance coverages required in this Agreement, the OWNER may cancel this Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of its rights under this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. -15- 16E6 Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by,the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that -16- 16E portion of the fee earned through the date of termination, together with any retainage with eld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. -17- 16E6 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department -18- E 3301 Tamiami Trail East 16E6 t Naples, Fl. 34112 Attention: Purchasing Director 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Pyper Engineering, Inc. 7370 College Parkway #101 Fort Myers, FL 33907 Attention: Mr. Andrew M. Pyper, President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. -19- 17.5. The headings of the Articles Schedules Parts and Attachments as contaldk E6 9 , Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 26 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #01 -3292 - "Fixed Term Professional Structural Engineering Services ", Consultant's Fee Schedule "A ", Insurance Coverage Schedule "B",, Truth in Negotiation Schedule "C ". ARTICLE EIGHTEEN APPLICABLE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Architectural Services the day and year first written above. -20- Witnessed: By: (Type name): ��, pREUiYPE R (Title): PyP��R �� �� �+�(2'Nc By: (Type e): By: fix. ,vim.�v (Type name): (CORPORATE SEAL) -21- 16E6 ATT �j BOARD OF COUNTY COMMISSIONERS FOR rrve +. • =�' COLLIER COUNTY, FLORIDA, A POLITICAL bb-rk SUBDIVISION OF THE STATE OF FLORIDA br By: -•, �� tt • �� Chairmans ' Chairman r.� 1 Y. Approved aso 'form and lega_ f' ' Pyper Engineering, Inc. IN GSUITE Assistant Co y Attorney 7370 COLLEGE PKWY 101 941 437- 1 437 -2031 Witnessed: By: (Type name): ��, pREUiYPE R (Title): PyP��R �� �� �+�(2'Nc By: (Type e): By: fix. ,vim.�v (Type name): (CORPORATE SEAL) -21- Professional Principal SCHEDULE A Collier County Fee Schedule RFP 01 -3292 "Fixed Term Professional Structural Engineering Services" Credentials P.E. $150.00 /hr Senior Engineer /Project Manager P.E. $100.00 /hr Engineer II P.E. $90.00 /hr Engineer I E.I.T Designer $70.00 /hr Senior Technician $55.00 /hr Technician $45.00 /hr Senior Inspector $70.00 /hr Inspector $55.00 /hr Support Administrative Assistant, Secretary $45.00 /hr Clerical, other support $35.00 /hr 16E6 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE A -22- SCHEDULE B 16E6 INSURANCE COVERAGE (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. 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 (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance -23- 16E6 by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 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. AUTOMOBILE LIABILITY INSURANCE shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 PROFESSIONAL LIABILITY INSURANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than X $1,000,000 each claim and in the aggregate -24- (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. 16E6 (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE B. -25- ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID P PER -1 DATE (MM /DD/0 02/13/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OLI F IVE DATE MM/DD/YY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe & Co. Ft. Myers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906 -6139 Phone:941- 433 -4535 Fax:941- 433 -4148 INSURERS AFFORDING COVERAGE INSURED INSURER A: The Hartford Insurance Co. INSURER B: $300,000 INSURER C: Pvner Engineering Inc 7370 Coll Parkway, Ste 101 Ft Myers FFLL INSURER D: INSURER E: 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. IN SR LTR TYPE OF INSURANCE POLICY NUMBER OLI F IVE DATE MM/DD/YY POLI PI TI DATE MWDD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 21SBAEN8480 08/04/01 08/04/02 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fiire) $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG s2,000,000 _ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 21SBAEN8480 08/04/01 08/04/02 COMBINED (Eaaccident)INGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY H ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $ I EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 21WECGB0038 05/04/01 05/04/02 TORY LIMITS X ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $ 500 000 E.L. DISEASE - POLICY LIMIT 1 $_900,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RFP #01 -3292 -- "Fixed Term Professional Structural Engineering Services" Collier County is named as additional insured with interest in insured's operations with respect to General Liability only. CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '40 DAYS WRITTEN Collier County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Board of County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples, Florida REPRESENTATIVES. ACORD 25-S (7197) © ACORD CORPORATION 1988 ISSUE DATE (MM/DD /YY) 02/15/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THEIR CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seabury & Smith 1776 West Lakes Parkway West Des Moines, Iowa 50398 1 COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. CO LTR COMPANY LETTER A Certain Underwriters at Lloyd's of London INSURED COMPANY B LETTER PYPER ENGINEERING, INC. 7370 COLLEGE PARKWAY, SUITE 101 COMPANY LETTER C COMPANY LETTER D FORT MYERS, FL 33907 PERSONAL ✓$ ADVERTISING INJURY COMPANY LETTER E THIS IS TO CERTIFY THAT 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MI.T/DWYY) POLICY EXPIRATION DAIS (MMq)D/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY" COMMERCIAL GENERAL LIABILITY CLAIMS MADE F-1 OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE GENERAL AGGREGATE $ PRODUCTS- COMR'OPS AGGREGATE $ PERSONAL ✓$ ADVERTISING INJURY $ EACH OCCURENCE $ $ FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY CSL $ BODILY INJURY (PER PERSON) $ BODILY INJURY (PER ACCIDENT) $ PROPERTY DAMAGE $ EXCESS LIABILITY OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY $ (EACH ACCIDENT) $ (DISEASE- POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) A OTHER ASCE Professional Liability Insurance 0005304 08/01/01 08/01/02 LIMITS: $ 1,000 Each Incident $ 1,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/RESTRICTIONS /SPECIAL ITEMS Retro Active Date: 08/01/95 COLLIER COUNTY GOVERNMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ADMINISTRATIVE SERVICES DIVISION 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PURCHASING BUILDING FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY 3301 E. ,TANIIAMI TRAIL KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE SCHEDULE C 16E6 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Pvper Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Professional Engineering Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. BY: • M . 1�yP DATE: 21(,'3(2 -26- AGREEMENT 16E J THIS AGREEMENT, made and entered into on this 26thth day of March 2002, by and between Better Roads, Inc. hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on March 26, 2002 and terminating on March 25, 2003 , with three (3) renewal period of twelve months each under the same terms and conditions as the original Agreement. The County Manager or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of Commissioners deemed four (4) firms to be pre - qualified and award a Contract to each firm. Each awardee will enter into an Agreement to provide complete roadway contracting services for the following: (1) work required to lengthen or otherwise modify left and right turn lanes along County arterial and collector roadways; (2) modify median openings along County arterial and collector roadways; (3) provide improvements at the intersections of County arterial and collector roadways; and (4) work of a similar nature not specifically outlined in this paragraph, but consistent with the type and scope of work set forth in Items 1, 2 and 3. The work will be done an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 02 -3327 and the Contractor's proposal made an integral part of this Agreement by reference. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty - five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the four (4) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty - five Thousand Dollars ($25,000) and less than One Hundred Thousand One ($100,001) competitive quotations shall be solicited from at least three (3) of the four (4) firms, favorable project terms and conditions shall be negotiated, and a numbered Work Order issued to initiate the projects. For projects over One Hundred Thousand Dollars ($100,000) and less than Two Hundred Thousand One Dollars ($200,001), competitive quotations shall be solicited from at least three (3) of the four (4) firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 16E 7 3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offer by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this Contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, or sent by email or fax to the Contractor at the following address: Joseph M. Restino, Vice President Better Roads, Inc. 5590 Shirley Street Naples, Florida 34109 Phone: 941 - 597 -2181 FAX: 941 - 597 -1597 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the 16E 7 violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of One Million Dollars ($1,000,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of One Million Dollars ($1,000,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Policy must include Employers Liability with a limit of One Million Dollars ($1,000,000) each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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 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 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 ContractorNendor'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 3 16E 7 lack or, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. Bonds. A. The Owner shall use its discretion for bonding where a project may be in excess of Fifty Thousand Dollars ($50,000) but completed in less than sixty (60) days. For projects in excess of Two Hundred Thousand Dollars ($200,000), the Contractor(s) shall be required to provide Payment and Performance bonds pursuant to Florida Statutes. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and /or materials in connection with each construction project performed by the Contractor in excess of Fifty Thousand Dollars ($50,000). The bonds shall be furnished using the forms prescribed in Exhibit A. C. 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. 13. PAYMENTS: Generally, the Contractor will be paid upon completion; however for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment, shall be in writing, and in substantially the form attached hereto as Exhibit "C ". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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: (1) defective Work not remedied; (b) third party claims with reasonable evidence indicating probable filing of 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. If any conditions described above 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 unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 4 16E 7 I 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS, A. Time is of the essence in the performance of any Work under this Agreement and 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. B. 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, fires, floods, epidemics, guarantine 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. C. 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 his 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. 17. CHANGE IN THE WORK. 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. A Change Order, in the form attached as Exhibit "D" 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. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, chapter 553, 5 16E 7 Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. Maintenance of Traff ic/Traffic Control and Protection will be a part of all Work Orders and will be in accordance with FDOT and Collier County Maintenance of Traffic Policy. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement of 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. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials or equipment 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 final 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 that 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. 22. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 23. TESTS AND INSPECTIONS. 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 and approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 24. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 2 16E 7 1 B. Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. In 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Completion in the form attached hereto as Exhibit "E" and Exhibit "F" (Substantial or Final Certificate of Completion). Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owners considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a 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 punchlist 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 punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Final Certificate for Payment, recommending that, on the basis of his 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of surety (if applicable) 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. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 16E 7 27. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Owner 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 the time specified in the Request for Quotation. Owner and Contractor recognize that, since time is of the essence for any Work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 28.THIS AGREEMENT shall be administered on behalf of the County by the Transportation Division. 29.COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 02 -3327, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 16E 7 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties- herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTE& Dwigbt E�- Brock,_ Clerk of Courts By: :. • �� Dated: (Seal) AttW as to Ciha l man's siqlatw a sell. � 'r,� First Witness Yolanda R. Gonzalez Typo, Print Witness Name S Joan E. Johnson Type /Print Witness Name Approved as to form and legal suff' Ro ert Zach Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1-2-- / By: Jame". Coletta, Chairman BETTER ROADS, INC. 1 Contractor Signature OF Joseph M. Restino Typed Signature Vice President Title CORPORATE SEAL (Corporations Only) RAOS . � ........ `ORP0R4,e, SEAL -.1.983 /,,;,,C,0RV0", 0 EXHIBIT A 16E 7 PUBLIC PAYMENT BOND Annual Contract for Roadway Contractors Bond No. Contract No. 02 -3327 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) 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 day of 2002, with Oblige for 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: 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 filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2002, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal BY: NAME: ITS: 10 PRINCIPAL 16E 7' STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, 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: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety Witnesses NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) 11 (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, by , as Surety, on behalf of Surety, known to me OR has produced who did (did not) take an oath. My Commission Expires: (Signature) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of: Commission No.: 12 16E 7 ' of He /She is personally as identification and PUBLIC PERFORMANCE BOND Annual Contract for Roadway Contractors KNOW ALL MEN BY THESE to 16E 7 Bond No. Contract No. 02 -3327 PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound , as Oblige in the sum of ($ ) 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 2002 with Oblige for day of 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. 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, 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 Performance Bond regardless of the number of suits that may be filed by Oblige. 13 16E 7 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2002, 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: Witnesses as to Principal STATE OF COUNTY OF by PRINCIPAL BY: NAME: ITS: The foregoing instrument was acknowledged before me this corporation , as day of , 2002, of , a corporation, on behalf of the He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses as to Surety (Signature) Name: (Legibly Printed) ME 14 Notary Public, State of: Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 16E 7 The foregoing instrument was acknowledged before me this day of , 2002, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Name: 15 (Signature) (Legibly Printed) Notary Public, State of: Commission No.: EXHIBIT RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared deposes and says: 16E 7 Who after being duly sworn, (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 , 2002 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 fflu ITS: DATE: Witnesses STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 2002, by of on behalf of the corporation, My Commission Expires: (AFFIX OFFICIAL SEAL) President [Corporate Seal] as , a corporation, He /she is personally known to me or has produced as identification and did (did not) take an oath. NAME: lirl (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT 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) Payment through the 104 Original Contract Time: Revised Contract Time: (Contractor's Name) (Contractor's Address) Percent Work completed to Date: Percent Contract Time completed to Date 16E 7 Bid No. Project No. Application Date Application No. for Work accomplished Date: (Project Name) 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) $ 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: 17 (Signature) DATE: (Type Name and Title) CHANGE ORDER NO. TO: DATE: PROJECT NAME: EXHIBIT D CHANGE ORDER CONTRACT NO. 16E 7 PROJECT NO.: Under our AGREEMENT dated March 26, 2002. 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: , 2002 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 18 OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 16E 7 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 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 16E 7 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 , 2002 Design Professional Signature By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2002 Contractor Signature By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 2002 Owner Signature By: Type Name and Title 20 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT CERTIFICATE OF FINAL COMPLETION 16E 7 ENGINEER'S Project No. 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 21 16E 7 The following warranty is attached to and made a part of this Certificate: EXHIBIT F1 Executed by Design Professional on , 2002 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2002 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2002 OWNER By: Type Name and Title 22 16E 7 EXHIBIT F1 WARRANTY 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 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. CORPORATE SEAL DATE: CONTRACTOR BY: Attest: 23 Fax #: (727) 7911613 Date: 4/12/02 02:22 PM Page 2 of 3 gym: Christie Eastman At: Arthur J. Gallagher & C D. To: Lyn Wood 7 i ac RD„ CERTIFICATE OF LIABILITY INSURANCE BETTE-2 IM DATE (MMIDDNY) 04/12/02 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A.J. Gallagher & Co.-T- a Bay ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2600 McCormick Drive, Ste 100 Clearwater FL 33759 INSURERS AFFORDING COVERAGE Phone: 727 - 797 -4190 Fax: 727-791-1613 - INSURER A. U. S. Fire Insurance Co. __j INSURED INSUHLRU: U. S. Fire Insurance CO. INSURER C: Amer. Guarantee && Liab . Ins C Better Roads, Inc. 5390 Shine St INSURER D: U. S. Fire Insurance Co. INSl1RFR F' Naples COVERAGES NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE MMrDDIVY DATE MMIDDNY LTR LACH UCCUHHtNCt $ 1,000,000 GENERAL LIABILITY 000 5410276443 05/15/01 05/15/02 A $ COMMERCIAL GE NEPAL LIABILITY MCD ENP (My one person) 5 15 , 0 00 mmcx (Anyo one $ 15, CLAIM3 MADE ® OCCUR PERSONAL 3 A INJURY $ 1,000,000 DV % Contractual Liab GENERAL AGGREGATE s2,000,000 PRODUCT3- COMP/OP AGG s2,000,000 OCN -L AGGREGATE LIMIT APPUC3 PER: POLICY S IRO- LOC JECT LIABILITY C OWINFI) gINrl F I MIT (Ea acaamd) $1,000,000 AUTOMOBILE 1380325698 05/15/01 05/15/02 S B ANYAUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS I TIRED AUT03 BODILY INJURY (Par ardrient) $ NON -OWNED AUTOS $1, 000 Comp Ded PRDPFRTY I)AMAGF (Per accident) $ Y S $1 000 Coll Dad AUTO ONLY -EA ACCIDENT $ GARAGE LIABILITY tAA(:C 4 ANY Al ITO UIHtH IHAN AUTO ONLY: AGG $ EACH OCCURRENCE $10,000,000 ArrRFrATF $ 10,000,000 EXCESS LIABILITY AIMS6%nF F7 AUC367100001 05/15/01 05/15/02 $ C = nCC11R 'I a DEDUCTIBLE $ HtItNIIUN X WC STATU- OTH- Y' LIMITS ER WORKERS COMPENSATION AND GMPLOYGRS•LIIABILITY 4060053936 05/15/01 05/15/02 TO E.L. EACH ACCIDENT $1,000,000 FI t)ISFA';F- FAFMPIDYFF $ 1,000,000 D E.L. DISEASE - POLICY LIMIT $ 1,00-0,00-0 OTHER DESCRIPTION OF OPERATIONWLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISFEC" PROVISIONS Additional (B) Collier County Board Of County Comissioners is shown as an Insured with respect to the above General Liability policy as required by written contract. CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION COLCONA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED 8EFORE THE EXPIRATION Collier County Board of DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1_ GAYS WRITTEN County Colmi ssioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Lyn Wood, Purchasing Agent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 3301 E. Tamiami Trail REPRESZD Naples FL 34112 ALIT D REP TATIVI'. REP ARV �' /•I ® ACORD CORPORATION 1988 ACORD 255 (7/97) .m: Chrlstfe Epstman At: Arthur J. Gallagher & C o. To: Lyn Wood IMPORTANT Fax#: (727) 791.1613 Date: 4/12/02 02:22 PM Page 3 of 3 16E 7 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 form 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. 25-S AGREEMENT 1 bE 7 THIS AGREEMENT, made and entered into on this 26thth day of March, 2002, by and between Bonness Inc. hereinafter called the "Contractor", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WIT NESS ETH: 1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on March 26, 2002 and terminating on March 25, 2003 , with three (3) renewal period of twelve months each under the same terms and conditions as the original Agreement. The County Manager or his designee, may, at his discretion, extend the Agreement_ under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of Commissioners deemed four (4) firms to be pre - qualified and award a Contract to each firm. Each awardee will enter into an Agreement to provide complete roadway contracting services for the following: (1) work required to lengthen or otherwise modify left and right turn lanes along County arterial and collector roadways; (2) modify median openings along County arterial and collector roadways; (3) provide improvements at the intersections of County arterial and collector roadways; and (4) work of a similar nature not specifically outlined in this paragraph, but consistent with the type and scope of work set forth in Items 1, 2 and 3. The work will be done an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 02 -3327 and the Contractor's proposal made an integral part of this Agreement by reference. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty - five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the four (4) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty - five Thousand Dollars ($25,000) and less than One Hundred Thousand One ($100,001) competitive quotations shall be solicited from at least three (3) of the four (4) firms, favorable project terms and conditions shall be negotiated, and a numbered Work Order issued to initiate the projects. For projects over One Hundred Thousand Dollars ($100,000) and less than Two Hundred Thousand One Dollars ($200,001), competitive quotations shall be solicited from at least three (3) of the four (4) firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 1 16E 7 3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offer by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this Contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, or sent by email or fax to the Contractor at the following address: Kathleen M. Bailie, President Bonness Inc. 1990 Seward Avenue Naples, Florida 34109 Phone: 941 - 597 -6221_ FAX: 941- 597 -7416 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the 2 16E 7 violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of One Million Dollars ($1.000,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of One Million Dollars ($1,000,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Policy must include Employers Liability with a limit of One Million Dollars ($1,000,000) each accident. Special Reauirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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 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 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 ContractorNendor'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 3 16E 7 lack or, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. Bonds. A. The Owner shall use its discretion for bonding where a project may be in excess of Fifty Thousand Dollars ($50,000) but completed in less than sixty (60) days. For projects in excess of Two Hundred Thousand Dollars ($200,000), the Contractor(s) shall be required to provide Payment and Performance bonds pursuant to Florida Statutes. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and /or materials in connection with each construction project performed by the Contractor in excess of Fifty Thousand Dollars ($50,000). The bonds shall be furnished using the forms prescribed in Exhibit A. C. 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. 13. PAYMENTS: Generally, the Contractor will be paid upon completion; however for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment, shall be in writing, and in substantially the form attached hereto as Exhibit "C ". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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: (1) defective Work not remedied; (b) third party claims with reasonable evidence indicating probable filing of 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. If any conditions described above 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 unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 4 16E 7 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS, A. Time is of the essence in the performance of any Work under this Agreement and 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. B. 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, fires, floods, epidemics, guarantine 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. C. 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 his 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. 17. CHANGE IN THE WORK. 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. A Change Order, in the form attached as Exhibit "D" 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. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, chapter 553, 5 16E 7 Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. Maintenance of Traffic/Traffic Control and Protection will be a part of all Work Orders and will be in accordance with FDOT and Collier County Maintenance of Traffic Policy. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement of 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. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials or equipment 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 final 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 that 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. 22. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 23. TESTS AND INSPECTIONS. 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 and approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 24. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 16E 7 B. Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. In 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Completion in the form attached hereto as Exhibit "E" and Exhibit "F" (Substantial or Final Certificate of Completion). Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owners considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a 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 punchlist 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 punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Final Certificate for Payment, recommending that, on the basis of his 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of surety (if applicable) 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. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 7 16E 7 27. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Owner 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 the time specified in the Request for Quotation. Owner and Contractor recognize that, since time is of the essence for any Work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 28.THIS AGREEMENT shall be administered on behalf of the County by the Transportation Division. 29.COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 02 -3327, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. E1 16E 7 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties - herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:, '- Dwight E. Brock, Cle(,k of Courts By: 2 Dated: �* Seal) Attest is to Chairman's 3119"tore only. First Witness Type /Print Witness Name a�,-4L,k Secoo Witness POA,I.e, Type /Print Witness Name Approved as to form and lelv—slln. �.� Robert Zacha Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: Jam s N. Coletta, Chairman BONNESS INC. Contractor By: Signature � G�l ��-- �• ,bar ��� Typed Signature Title CORPORATE SEAL (Corporations Only) 16E 7 EXHIBIT A PUBLIC PAYMENT BOND Annual Contract for Roadway Contractors Bond No. Contract No. 02 -3327 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) 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 day of 2002, with Oblige for 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: 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 filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2002, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: NAME: ITS: 10 STATE OF 16E 7 COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, 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: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety Witnesses MIT, Cpl C67M 11 (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, by , as Surety, on behalf of Surety. known to me OR has produced who did (did not) take an oath. My Commission Expires: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 12 16E 7 nf He /She is personally _ as identification and PUBLIC PERFORMANCE BOND 16E 7 Annual Contract for Roadway Contractors KNOW ALL MEN BY THESE to Bond No. Contract No. 02 -3327 PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound , as Oblige in the sum of ($ ) 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 day of , 2002, with Oblige for 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. 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, 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 Performance Bond regardless of the number of suits that may be filed by Oblige. 13 16E 7 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2002, 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: BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF PRINCIPAL The foregoing instrument was acknowledged before me this day of , 2002, 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) (AFFIX OFFICIAL SEAL) ATTEST: Witnesses as to Surety Name: (Legibly Printed) lM 14 Notary Public, State of: Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 16E 7 , The foregoing instrument was acknowledged before me this day of , 2002, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 15 EXHIBIT B 16E 7 RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared deposes and says: who after being duly sworn, (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 , 2002 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 MM ITS: DATE: Witnesses STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 2002, by , as of on behalf of the corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) President [Corporate Seal] , a corporation, He /she is personally known to me or has produced as identification and did (did not) take an oath. NAME: 16 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT C 16E 7 APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the (Contractor's Address) 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) $ 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) DA (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: 17 (Signature) DATE: (Type Name and Title) CHANGE ORDER NO. TO: EXHIBIT D CHANGE ORDER CONTRACT NO. 16E 7 � DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated March 26, 2002. 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: , 2002 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By_ 18 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date 16E 7 , EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 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 19 16E 7 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: OWNE 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 2002 Design Professional Signature Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2002 M Contractor Signature Type Name and Title OWNER accepts this Certificate of Substantial Completion on M Owner Signature Type Name and Title 20 2002 EXHIBIT F 16E 7 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: 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 21 The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on EXHIBIT F1 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2002 L=am CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 2002 OWNER Type Name and Title 22 2002 16E 7 EXHIBIT F1 WARRANTY 16E 7 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 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. CORPORATE SEAL DATE: CONTRACTOR BY: Attest: 23 n: Brandon Oburn At: Arthur J. Gallagher & Co. To: Jeanne Galloto Fax*: (727) 791 -1613 Date: 4/5/02 10:33 AM Page 2 of 3 11 / r- 009 AC"- CERTIFICATE OF LIABILITY INSURANCE 0 BETTS -2 9 ATE IYY) 04/05/02 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION A.J. Gallagher & Co . -Tampa Bay 2600 Mccca:mi ck Drive, Ste 100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clearwater FL 33759 POLICY BFFECTNE P Phone: 727 - 797 -4190 Fax:727- 791 -1613 INSURERS AFFORDING COVERAGE INSURED INSURER A: U. S. Fire Insurance Co. INSURER e: U. S. Fire Insurance Co. Bonness Inc. PO Box 4140 Naples FL 34101 INSURER C: Amer. Guarantee && Llab. Ins C INSURER D: U . S. Fire Insurance Co. INSURER E: �mmeAr_rQ 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 DESCR18ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR P TYPE OF INSURANCE P POLICY NUMBER O POLICY BFFECTNE P POLICY EXPIRATION LIMITS GENERAL LABILITY E EACH OCCURRENCE $ $ 1,000, 000 A % % COMMERCIAL GENERALLLABIUTY 5 5410276443 0 05/15/01 0 05/15/02 F FIRE DAMAGE (Any one nre) s s 300,000 CLAIMS MADE ®OCCUR M MED EXP (Any one person) S S 15,000 % Contractual & P PERSONAL d, AOV INJURY S S1,000,000 $ $ B Broad Prop Damage G GENERAL AGGREGATE s s2,000,000 G GENL AGGREGATE UMIT APPLIES PER: P PRODUCTS - COMPIOP AGG s s2,000,000 P POLICY $ PRO- LOC AUTOMOBILE L LABILITY B $ ANYAUro 1 1380325698 0 05/15/01 0 05/15/02 ( (Ealai ent) LE LIMIT S S1,000,000 ( $ A ALL OWNED AUTOS SCHEDULED AUTOS ( BODILY IWURV $ $ HRED AUTOS % H NON -OWNED AUTOS ( (Per ioent) S S $ N X Nx $ $1,004 Comp Ded PROPERTY DAMAGE S S $1,000 Coll Ded ( GARAGE LABILITY — AUTO ONLY - EA ACCIDENT S — ANY AUTO OTHER THAN EA ACC S S $ AUTOONLY: AGG $ EXCESS LABILITY E EACH OCCURRENCE S S 10, 000, 000 C % % occvR cl.aMSMADE A AUC367100001 0 05/15/01 0 05/15/02 A AGGREGATE $ $ 10,000,000 s DEDUCTIBLE s RETENTION S S WORKERS COMPENSATION AND Y Y TORY LIMITS OER D E EMPLOYERS' LIABILITY 4 4060053936 0 05/15/01 0 05/15/02 E E.LEACHACCIDENT $ $1,000,000 E E.L. DISEASE -PA EMPLOYEE $ $ 1, 000,000 E.L. OISFASE -POUCY UMrT S S 1 000 000 OTHER E DESCRIPTION OF OPERATIONSMOCATIONWMHICLESMXCLU $IONS ADDED BY ENDORSEMENTAiPECAL PROVISIONS (G) Collier County Board of County Comm±ssioners is shown as an Additional Insured with respect the above General Liability policy as required by written contract.RE: Job #: 02 -3327, Annual contract for Roadway Contractors CERTIFICATE H L ER i ADDITtONILLINSURED ;INSURERLETTER: A CANCELLATION COLCONA FREPRESENTATNES. THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION Collier Cty Board c f County . THE ISSUING INSURER WILL ENDEAVOR TO MAIL �1 n DAYS WRITTEN ComiatsSionerS CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 E. Tamiami Trail - Purchasing Building IGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Naples FL 34112 ES. All TH D REP NTATIYI� 25,S(7/97) CACORD CORPORATION 1988 RECEIVED APR -05 -2002 11:31AM FROM- Arthur J. Gallagher TO- BONNESS INC PAGE 002 om: Brandon Oburn At: Arthur J. Gallagher & Co. To: Jeanne Galloto Fax*: (727) 791.1613 Date: 4/5/02 10:33 AM Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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). The Certificate of Insurance on the reverse side of this form 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. RECEIVED APR -05 -2002 11:31AM FROM- Arthur J. Gallagher TO- BONNESS INC PAGE 003 )m: Brandon Oburn At: Arthur J. Gallagher & Co. To: Jeanne Galloto Farr: (727) 791 -1613 Date: 4/5/02 10:33 AM Page 1 of 3 16E 7 Arthur J. Gallagher & Co. - Tampa Ba Y 2600 McCormick Drive, Suite 100 Clearwater, FL 33759 1- 727 - 797 -4190 Fax: 1- 727 - 791 -1613 FAX TRANSMISSION COVER SHEET Date: 4/5/02 To: Jeanne Galioto Fax #: (941) 597 -7416 Re: Collier County Sender: Brandon Obum Pages: 3 IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 1- 727 -797 -4190 Attached is the copy of the certificate(s) that you have requested. If you should have any questions, please do not hesitate to contact our office RECEIVED APR -05 -2002 11:31AM FROM— Arthur J. Gallagher TO— BONNESS INC PAGE 001 AGREEMENT 16E 7 THIS AGREEMENT, made and entered into on this 26thth day of March 2002, by and between Florida State Underground, Inc. hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WIT NESS ETH: COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on March 26, 2002 and terminating on March 25, 2003 , with three (3) renewal period of twelve months each under the same terms and conditions as the original Agreement. The County Manager or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of Commissioners deemed four (4) firms to be pre - qualified and award a Contract to each firm. Each awardee will enter into an Agreement to provide complete roadway contracting services for the following: (1) work required to lengthen or otherwise modify left and right turn lanes along County arterial and collector roadways; (2) modify median openings along County arterial and collector roadways; (3) provide improvements at the intersections of County arterial and collector roadways; and (4) work of a similar nature not specifically outlined in this paragraph, but consistent with the type and scope of work set forth in Items 1, 2 and 3. The work will be done an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 02 -3327 and the Contractor's proposal made an integral part of this Agreement by reference. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty - five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the four (4) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty - five Thousand Dollars ($25,000) and less than One Hundred Thousand One ($100,001) competitive quotations shall be solicited from at least three (3) of the four (4) firms, favorable project terms and conditions shall be negotiated, and a numbered Work Order issued to initiate the projects. For projects over One Hundred Thousand Dollars ($100,000) and less than Two Hundred Thousand One Dollars ($200,001), competitive quotations shall be solicited from at least three (3) of the four (4) firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 7 3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offer by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this Contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, or sent by email or fax to the Contractor at the following address: Thomas P. McKimm, President Florida State Underground, Inc. 4540 Domestic Avenue Naples, Florida 34104 Phone: 941 - 643 -6449 FAX: 941 - 643 -6891 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the E 16E 7 violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of One Million Dollars ($1.000.000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of One Million Dollars ($1,000,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Policy must include Employers Liability with a limit of One Million Dollars ($1,000,000) each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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 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 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 ContractorNendor'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 16E 7 lack or, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. Bonds. A. The Owner shall use its discretion for bonding where a project may be in excess of Fifty Thousand Dollars ($50,000) but completed in less than sixty (60) days. For projects in excess of Two Hundred Thousand Dollars ($200,000), the Contractor(s) shall be required to provide Payment and Performance bonds pursuant to Florida Statutes. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and /or materials in connection with each construction project performed by the Contractor in excess of Fifty Thousand Dollars ($50,000). The bonds shall be furnished using the forms prescribed in Exhibit A. C. 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. 13. PAYMENTS: Generally, the Contractor will be paid upon completion; however for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment, shall be in writing, and in substantially the form attached hereto as Exhibit "C ". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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: (1) defective Work not remedied; (b) third party claims with reasonable evidence indicating probable filing of 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. If any conditions described above 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 unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. rd 16E 7 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS, A. Time is of the essence in the performance of any Work under this Agreement and 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. B. 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, fires, floods, epidemics, guarantine 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. C. 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 his 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. 17. CHANGE IN THE WORK. 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. A Change Order, in the form attached as Exhibit "M 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. 18. COMPLIANCE WITH LAWS. 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, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, chapter 553, 5 16E 7 Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. Maintenance of Traffic/Traffic Control and Protection will be a part of all Work Orders and will be in accordance with FDOT and Collier County Maintenance of Traffic Policy. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement of 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. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials or equipment 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 final 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 that 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. 22. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 23. TESTS AND INSPECTIONS. 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 and approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 24. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 0 16E 7 B. Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. In 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Completion in the form attached hereto as Exhibit "E" and Exhibit "F" (Substantial or Final Certificate of Completion). Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owners considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a 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 punchlist 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 punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Final Certificate for Payment, recommending that, on the basis of his 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of surety (if applicable) 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. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 16E 7 27. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Owner 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 the time specified in the Request for Quotation. Owner and Contractor recognize that, since time is of the essence for any Work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 28.THIS AGREEMENT shall be administered on behalf of the County by the Transportation Division. 29-COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 02 -3327, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 0 16E 7: 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ^{r ATTEST.'.*. Dwight E: - Brock, Cork of Courts By:', Dateci..) '(S'eal) Attu:, Signature emlJ. First Witness :ate &A Type /Print Witness Name ` 5ecoild Witness Type /Print Witness Name Approved as to form and le ncy., Robert Zacha Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: Jam N. Coletta, Chairman -S-H o +�► �s s I �'I — IBC J' JH 1H Typed Signature Title CORPORATE SEAL (Corporations Only) P] EXHIBIT A 16E 7 PUBLIC PAYMENT BOND Annual Contract for Roadway Contractors Bond No. Contract No. 02 -3327 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and at , as Surety, located (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) 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 day of 2002, with Oblige for 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: 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 filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2002, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal BY: NAME: ITS: 10 PRINCIPAL 16E 7 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, 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: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety Witnesses (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 11 16E PUBLI C PE 7 PERFORMANCE BOND Annual Contract for Roadway Contractors KNOW ALL MEN BY THESE to Bond No. Contract No. 02 -3327 PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound as Oblige in the sum of ($ ) 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 day of 2002, with Oblige for 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. 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, 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 Performance Bond regardless of the number of suits that may be filed by Oblige. 13 16E 7 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2002, 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: BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF PRINCIPAL The foregoing instrument was acknowledged before me this day of , 2002, by , as - of corporation , a corporation, on behalf of the He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses as to Surety Name: KM 14 (Signature) (Legibly Printed) Notary Public, State of: Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witnesses As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) 16E 7 (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2002, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 15 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared deposes and says: 16E 7 who after being duly sworn, (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 , 2002 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. M ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this , 2002, by of on behalf of the corporation. My Commission Expires: (AFFIX OFFICIAL SEAL) day of as President [Corporate Seal] , a corporation, He /she is personally known to me or has produced as identification and did (did not) take an oath. NAME: 16 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT C 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) Payment through the RE: Original Contract Time: Revised Contract Time: (Contractor's Name) (Contractor's Address) Percent Work completed to Date: % Percent Contract Time completed to Date 16E 7 Bid No. Project No. Application Date Application No. for Work accomplished Date: (Project Name) 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) 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: 17 (Signature) DATE: (Type Name and Title) EXHIBIT D 16E 7 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated March 26, 2002. 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) E.1 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: , 2002 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: 18 16E 7 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: 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 19 16E 7 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 9*: Design Professional Signature By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on .2002 Contractor Signature By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on .2002 M Owner Signature Type Name and Title KII OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date 16E 7 EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 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 21 The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on a EXHIBIT F1 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2002 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Final Completion on 2002 M OWNER Type Name and Title 22 2002 16E 7 EXHIBIT F1 16E 7 WARRANTY 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 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. CORPORATE SEAL DATE: CONTRACTOR BY: Attest: 23 - -- rM CERTIFICATE OF LIABILITY INSURANCE 0DATE (MM/DDNY) 4/02/02 bucER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PPD Gu'UCER e Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT EN E END OR ALTER THE COVERAGE AFFORDED BY THEjPC=IqjrBELOVP Naples, FL 34103 - 3 3 0 3 1 INSURERS AFFORDING COVERAG 941 261 -3646 INSURED INSURER A: Ameri sure Insurance Company Florida State Underground, Inc. ; INSURER B: - - -- 4540 Domestic Avenue INSURER C: - -- Naples, FL 34104 INSURER D: -- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY NOTWITHSTANDING BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE ,POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MM/DO/YY DATE MM1DD/YY LIMITS LTR I C P P 13 2 3112 010 0 0 1 101/01/02101/01/03 EACH OCCURRENCE $1, 000, 0 0 0 A ,GENERAL LIABILITY F RI D AMAGE (Any one tire) 1$50 000 �' COMMERCIAL GENERAL LIABILITY MADE a OCCUR MED EXP (Any one person) $ 5 , O O O __ CLAIMS PERSONAL 8 ADV INJURY S 1 O 0 O 0 0 0_ GENERAL AGGREGATE $2 000,0 0 0 PRODUCTS - COMP /OP AGG $2 O O O O O O LIM ITAPPLIES PER: j POLICY PRO- Lo ''PGEN'L �AGGREGATE 1 A AUTOMOBILE LIABILITY CA13 2111010 0 0 1 01/01/02 01/01/03 COMBINED SINGLE LIMIT $1 0 0 0, 0 0 0 _ (Ea accident) X ANY AUTO ALL OWNED AUTOS [BODILY INJURY rson) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS —^ PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY EA ACC I $ E ANY AUTO OTHER THAN AUTO ONLY: AGG I $ A ',' EXCESS LIABILITY C 1 l OCCUR 0 CLAIMS MADE DEDUCTIBLE X RETENTION $1000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER 0132283301 01/01/02 01/01/03 LEACH OCCURRENCE (AGGREGATE 01/01/02101/01/03 E.L. EACH ACCIDENT E.L. DISEASE - EA EM E.L. DISEASE - POLIC DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Water & Sewer Utilities FL *30 Days for Workers' Compensation Certificate Holder is Named as Additional Insured As Respects to: General Liability Only. RE: Contract #02 -3327 TE HOLDER i I ADDITIONALINSURED Collier County Board of Commissioners 3301 E. Tamiami Trail Naples, FL 34112 ACORD 25 -S (7197) 1 of 2 #S198713/M193237 s5,000,000 I $5,000,000 $500,000 OYEEI $500 000 LIMIT ls500 , 000 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 1 0 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR AUTHORIZED JLV © ACORD CORPORATION 198 AGREEMENT 16E 7 THIS AGREEMENT, made and entered into on this 26thth day of March, 2002, by and between APAC - Florida, Inc. hereinafter called the "Contractor ", and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on March 26, 2002 and terminating on March 25, 2003 , with three (3) renewal period of twelve months each under the same terms and conditions as the original Agreement. The County Manager or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of Commissioners deemed four (4) firms to be pre - qualified and award a Contract to each firm. Each awardee will enter into an Agreement to provide complete roadway contracting services for the following: (1) work required to lengthen or otherwise modify left and right turn lanes along County arterial and collector roadways; (2) modify median openings along County arterial and collector roadways; (3) provide improvements at the intersections of County arterial and collector roadways; and (4) work of a similar nature not specifically outlined in this paragraph, but consistent with the type and scope of work set forth in Items 1, 2 and 3. The work will be done an as- needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 02 -3327 and the Contractor's proposal made an integral part of this Agreement by reference. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty - five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the four (4) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty - five Thousand Dollars ($25,000) and less than One Hundred Thousand One ($100,001) competitive quotations shall be solicited from at least three (3) of the four (4) firms, favorable project terms and conditions shall be negotiated, and a numbered Work Order issued to initiate the projects. For projects over One Hundred Thousand Dollars ($100,000) and less than Two Hundred Thousand One Dollars ($200,001), competitive quotations shall be solicited from at least three (3) of the four (4) firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 16E 7 3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offer by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this Contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, or sent by email or fax to the Contractor at the following address: Wes Tanner, Vice - president APAC - Florida, Inc. 14299 Alico Road Fort Myers, Florida 33913 Phone: 941 /267 -7767 FAX: 941/267-1336 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the 9 16E 7 V0 violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of One Million Dollars ($1,000,000) Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of One Million Dollars ($1.000.0001 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Policy must include Employers Liability with a limit of One Million Dollars ($1,000,000) each accident. Special Requirements: Collier County shall be an Additional Insured on both the Compri Liability Policies. listed as the Certificate Holder and included as hensive General Liability and Business Auto Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. 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 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 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 ContractorNendor's obligation under this provision shall not be limited in any way by 3 16E 7 the agreed upon contract price as shown in this Contract or the Contracto rNe n d or's limit of, or lack or, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. Bonds. A. The Owner shall use its discretion for bonding where a project may be in excess of Fifty Thousand Dollars ($50,000) but completed in less than sixty (60) days. For projects in excess of Two Hundred Thousand Dollars ($200,000), the Contractor(s) shall be required to provide Payment and Performance bonds pursuant to Florida Statutes. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and /or materials in connection with each construction project performed by the Contractor in excess of Fifty Thousand Dollars ($50,000). The bonds shall be furnished using the forms prescribed in Exhibit A. C. 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. 13. PAYMENTS: Generally, the Contractor will be paid upon completion; however for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment, shall be in writing, and in substantially the form attached hereto as Exhibit "C ". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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: (1) defective Work not remedied; (b) third party claims with reasonable evidence indicating probable filing of 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. If any conditions described above 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 unliquidated obligations of Contractor to Owner, 0 16E 7 whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS, A. Time is of the essence in the performance of any Work under this Agreement and 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. B. 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, fires, floods, epidemics, guarantine 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. C. 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 his 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. 17. CHANGE IN THE WORK. 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. A Change Order, in the form attached as Exhibit "M 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. 18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable 5 16E 7 to the Project, including but not limited to those dealing with taxation, workers' 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 Owner in writing. Maintenance of Traffic/Traffic Control and Protection will be a part of all Work Orders and will be in accordance with FDOT and Collier County Maintenance of Traffic Policy. 19. CLEAN UP. 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. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement of 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. 21. WARRANTY. Contractor shall obtain and assign to C Contractor or any subcontractors by any material men s incorporated into the Project. Contractor warrants to Oar furnished under the Contract Documents shall be new u Work shall be of good quality, free from all defects a Documents. Contractor further warrants to Owner that under the Contract Documents shall be applied, installed, conditioned in accordance with the instructions of the suppliers or processors except as otherwise provided for one (1) year after final completion, any Work is found to k the Contract Documents, Contractor shall correct it prom Owner. Contractor shall also be responsible for and pad materials or Work that may be damaaed as a result o wner all express warranties given to applying materials or equipment to be ner that any materials and equipment iless otherwise specified, and that all id in conformance with the Contract all materials and equipment furnished ;onnected, erected, used, cleaned and applicable manufacturers, fabricators, in the Contract Documents. If, within e defective or not in conformance with )tly after receipt of written notice from for replacement or repair of adjacent such renlacement nr repair_ Thaw warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 23. TESTS AND INSPECTIONS. 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 and approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 24. PROTECTION OF WORK. A. 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 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 D 16C 7 same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. In 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Completion in the form attached hereto as Exhibit "E" and Exhibit "F" (Substantial or Final Certificate of Completion). Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owners considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a 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 punchlist 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 punchlist. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Final Certificate for Payment, recommending that, on the basis of his 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B ". (2) Consent of surety (if applicable) 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. 7 16E 7 Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Owner 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 the time specified in the Request for Quotation. Owner and Contractor recognize that, since time is of the essence for any Work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until Substantial Completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 28.THIS AGREEMENT shall be administered on behalf of the County by the Transportation Division. 29.COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 02 -3327, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 0 16E 7 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties - herein that this Agreement is subject to appropriation by the Board of County Commissioners. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATT To Dwight E.` 1pck, Clerk of Courts By Dated. °' �� ;t, (Seal) Attest `ss to Chairman's =iwrt eel,. First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficien : AA- Robert Zach ry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Jam N. Coletta, Chairman APAC- FLORIDA, INC. Contractor By: /-/(—a 1D 4cle-ZA , Signature Wes Tanner Typed Signature Vice President Title CORPORATE SEAL (Corporations Only) E EXHIBIT A 16E 7 PUBLIC PAYMENT BOND Annual Contract for Roadway Contractors Bond No. Contract No. 02 -3327 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) 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 day of 2002, with Oblige for 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: 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 filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2002, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal PRINCIPAL BY: _ NAME: ITS: 10 16E 7 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, 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: 11 (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) 11 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2002, by , as Surety, on behalf of Surety. known to me OR has produced who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Name: 12 (Signature) (Legibly Printed) Notary Public, State of: Commission No.: 16E 7 of He /She is personally as identification and PUBLIC PERFORMANCE BOND 16E 7 Annual Contract for Roadway Contractors KNOW ALL MEN BY THESE to Bond No. Contract No. 02 -3327 PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound , as Oblige in the sum of ($ ) 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 day of , 2002, with Oblige for 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. 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, 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 Performance Bond regardless of the number of suits that may be filed by Oblige. 13 16E 7 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2002, 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: Witnesses as to Principal NAME: ITS: STATE OF _ COUNTY OF PRINCIPAL The foregoing instrument was acknowledged before me this by , as _ , 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. day of , 2002, of My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) [ON 0 16E 7 As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2002, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 15 EXHIBIT B 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: F (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 , 2002 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 AN ITS: DATE: Witnesses STATE OF _ COUNTY OF President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 2002, 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) 16 Notary Public, State of Commissioner No.: 16E 7 EXHIBIT C APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Percent Work completed to Date: % Percent Contract Time completed to Date Bid No. Project No. Application Date Payment Application No. for Work accomplished through the 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) $ AMOUNT DUE THIS APPLICATION: $ _ (Project Name) 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: 17 (Signature) DATE: (Type Name and Title) CHANGE ORDER NO. TO DATE: PROJECT NAME: PROJECT NO.: 26, 2002. EXHIBIT D CHANGE ORDER CONTRACT NO. 16E 7 Under our AGREEMENT dated March 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: , 2002 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA it-,] 16E 7 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: 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: we 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 19 16C 7 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 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 2002 Design Professional Signature By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2002 M Contractor Signature Type Name and Title OWNER accepts this Certificate of Substantial Completion on 0 Owner Signature Type Name and Title 20 2002 OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. 16E 7 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 21 16E 7 The following warranty is attached to and made a part of this Certificate: EXHIBIT F1 Executed by Design Professional on , 2002 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on , 2002 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2002 M OWNER Type Name and Title 22 EXHIBIT F1 16E 7 WARRANTY 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 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. CORPORATE SEAL DATE: CONTRACTOR BY: Attest: 23 AA W_ CERTIFICATE OF INSURANCE t 013358 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH ICATE HOL ER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. Name and Address of Agency Company Companies Affording Coverages United Service Agency, Inc. Letter Post Office Box 11765 A Pacific Employers Insurance Company Lexington, Kentucky 40577 B C Name and Address of Insured p APAC - Florida, Inc. E 12030 Alico Road F Fort Myers, FL 33913 G H I This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Company P Y Policy Limits of Liability in Thousands (000) Each Policy Letter Type of Insurance Policy Number Expiration Date Occurrence Aggregate GENERAL LIABILITY PERSONAL INJURY A COMPREHENSIVE FORM * LAB 2 12/01 /02 INCLUDING BODILY INJURY $ $ ®PREMISES- OPERATIONS ®EXPLOSIONANDCOLLAPSE +6609 Effective: PROPERTY DAMAGE $ $ HAZARD ®UNDERGROUND HAZARD 12/1/98 ® PRODUCTS / COMPLETED OPERATIONS HAZARD ®CONTRACTUAL INSURANCE PERSONAL INJURY, ®BROAD FORM PROPERTY INJURY $ 1,000 $ 1,000 DAMAGE TY D AGE PROPERTY ® INDEPENDENT CONTRACTORS COMBINED ® PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) BODILY $ A ® COMPREHENSIVE FORM * LAB 26609 12/01/02 OCCURENCE) $ PROPERTY DAMAGE $ ®OWNED ®HIRED {� + Effective: ®NON -OWNED 12/1/98 BODILY INJURY AND PROPERTY DAMAGE $ 1,000 COMBINED EXCESS LIABILITY UMBRELLA FORM BODILY INJURY AND $ PROPERTY DAMAGE $ ❑ OTHER THAN UMBRELLA FORM COMBINED WLR C4 3110974 STATUTORY WORKERS' COMPENSATION SCF C4 311078 -0 12/01/02 A and EMPLOYERS' LIABILITY $ 1,000 EACH ACCIDENT) $ $ $ $ DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES *SEE REVERSE SIDE. Contract #02 -3327 - Annual Contract for Roadway Contractors CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the below named certificate holder. Name and Address of Certificate Holder Date Issued: April 11, 2002 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 _I -AUTHORIZED SIGNATURE 16E 7"'4 *Collier County Board of County Commissioners shall be an additional insured, but only if required by written contract between Collier County Board of County Commissioners and APAC - Florida, Inc.; only to the extent of the insurance limits required under this contract; only as to work performed or to be performed by or on behalf of APAC - Florida, Inc. under this contract; and only with respect to operations by or on behalf of APAC - Florida, Inc. or to facilities of or used by APAC - Florida, Inc.. AUTHORIZED SIGNATURE 16E 9 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16E10 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16E11 RESOLUTION 2002- 155 RESOLUTION APPROVING THE ESTABLISHMENT OF A COUNTY EMPLOYEE INCENTIVE AND REIMBURSEMENT PROGRAM TO REWARD AND ENCOURAGE PARTICIPATION IN COUNTY- SPONSORED OR - ENDORSED HEALTH, WELLNESS AND ILLNESS PREVENTION PROGRAMS. and WHEREAS, Collier County Government desires to be an employer of excellence; WHEREAS, the Risk Management Department is presently seeking to adopt more innovative and effective health and wellness programs for its employees; and WHEREAS, the occurrence of preventable illness among County employees and their covered dependents is costly to the County in terms of health care expenditures, missed work days, reduced productivity, and reduced morale; and WHEREAS, many private and public employers have implemented or are considering implementing various health and wellness incentives to reduce healthcare expenditures, reduce lost workdays, increase productivity, and improve morale; and WHEREAS, a virtually identical resolution, Resolution No. 02 -120, was approved by the Board of County Commissioners of Collier County, Florida, on February 26, 2002; and WHEREAS, this resolution supersedes, in its entirety, Resolution No. 02 -120, which had an effective date of October 1, 2002, and not October 1, 2001. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: This resolution to approve the initiation of a County employee incentive and reimbursement program to reward and encourage participation in County - sponsored or - endorsed health, wellness, and illness prevention programs is hereby adopted with an effective date of October 1, 2001, superseding in its entirety Resolution 02 -120. Under this program, employees who participate in County- sponsored or - endorsed wellness programs, which may include, but are not limited to, health fairs, exercise incentives, smoking cessation programs, nutrition counseling, medical screenings and tests, disease - specific prevention and management programs, inoculations, weight management, and other programs intended to prevent the onset of disease, manage disease, and/or address issues of morbidity shall be eligible for payment or reimbursement for their participation depending upon the type of program offered. Such payment or reimbursement shall not exceed $100 per participant per program. The Risk Management Director shall be authorized to implement procedures to manage this program. In addition, this Resolution shall authorize the expenditure of funds for the promotion of health and wellness programs subject to the requirements of the Collier County Purchasing Policy. This Resolution adopted after motion, second and majority vote. DATE a,-4, 2 , 2002 ATTEST:, DW104IT'E J � .9,CK, Clerk a � � Yf " P e pu t ,C,, IWk .r., . Attiot Approved as to form and legal sufficiency: R 'ro Manalich Chief Assistant County Attorney 16E11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ✓1 By: — James N. Coletta, Chairman RESOLUTION 2002 - 15 6 16E1 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND M/A COM PRIVATE RADIO SYSTEMS, INC. FOR LOCATIONS UPON COUNTY -OWNED COMMUNICATIONS TOWERS. WHEREAS, M/A Com Private Radio Systems, Inc. ( "MIA Com "), formerly known as Erickson Inc. provider of the County's 800 MHz radio system, desires to place communications equipment upon five (5) County -owned communications towers throughout Collier County, a political subdivision of the State of Florida ( "Collier County "), in order to install communications equipment for the State of Florida's statewide radio system; WHEREAS, M/A Com has entered into a contract with the State of Florida to construct a statewide radio system utilizing the same technology as Collier County's emergency radio system for the State's law enforcement agencies and whereby, during the initial design of the State's system, M/A Com identified that several of Collier County's communications tower were ideally located for the State's system; WHEREAS, contained in the Lease Agreement between M/A Com and Collier County, Collier County will benefit from this shared use since M/A Com will complete modifications and upgrades to Collier County's microwave system, where needed, in order for M/A Com to provide capacity for the State of Florida System; WHEREAS, the lease shall be for ten (10) years with one (1) additional renewal term of ten (10) years; WHEREAS, the rent for the first ten (10) year term shall be a total of Seven Hundred Twenty -nine Thousand Dollars ($729,000) and will be increased by five percent (5 %) on the eleventh (11 `) and fifteenth (15'x`) years of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for M/A Com' s use and is not needed for County purposes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and M/A Com Private Radio Systems, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted thisZ;ZZ day of , 2002 after motion, second and majority vote. `. ATTEST:�t- ' DWIGI' E,13ROCK, Clerk f BY: eA)y Clerk y f gnat t�,� 1k0.Jth„1rMW•S Approved as to fo r nd egal sufficiency: Thom 4s C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNT ORID BY: JAMES OLETTA, hairman 16E12 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2002, between M/A- COM Private Radio Systems, Inc., a Delaware corporation, whose mailing address is 3315 Old Forest Road, Lynchburg, VA 24501, 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 "LESSOR ". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR locations on communications towers and locations within respective ground - shelters as described in Exhibit "A" and which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises ", situated in the County of Collier and the State of Florida. LESSOR grants these spaces to the LESSEE for the purpose of developing a state wide public safety radio system. LESSOR represents that it is the Owner of the Demised Premises and as long as LESSEE is not in default as provided in Article 11 hereof, LESSEE shall have quiet enjoyment of the Demised Premises. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of ten (10) years, hereinafter referred to as "Initial Lease Term," commencing on the date in which this Lease is accepted by the LESSOR. LESSEE is granted one (1) separate option, provided it is not then in material default of any of the provisions of this Lease, to renew same for an additional ten (10) years each under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon actual receipt by LESSOR. Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with sixty -day (60) written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted an additional one - hundred twenty 120 days from the aforementioned sixty -day (60) notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. LESSOR will grant LESSE additional time for relocation, provided LESSEE exhibits good faith in meeting the LESSOR's request. In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Rent Lessee herby covenants and agrees to pay rent for the Demised Premises, outlined in Exhibit A, the sum of $80,400 annually or $804,000 for the initial ten (10) year term. LESSEE'S rent is reduced by $75,000 in recognition of a one (1) year extension of the software services agreement for the LESSOR "S radio system, resulting in a net rent of $729,000 for the initial ten (10) year term. LESSEE agrees to pay the annual rent of $ $72,900 semi - annually for years 1 to 10. The initial payment of $72,900 will be due within thirty (30) days of execution of this lease. Subsequent semi - annual payments for years 2 to 10 on the initial term of $34,500 will be due on January 1 and June 1 of each year beginning in 2003. Said rental payments shall be made within 30 days from the date in which LESOR executes this Lease and shall be forwarded to the address for the Real Property Management Department set forth in Article 13 of this lease. Following the Initial Lease Term, the annual rent shall increase by five (5) percent in the eleventh and fifteenth years. For the eleventh (IIth) thought fourteenth (14`h) year the annual payment will be $ 84,420. Annual rent for the fifteenth to twentieth years will be $ $88,641. All annual payments will be made semi- annually with 50% of the total rent due on January 1 of each year and the remaining 50% due on July 1. 16E12 If the LESSOR and the LESSE terminate this lease during the initial term LESSOR will not prorate refunded payments based upon use of the Demised premises for any portion of a calendar year LESSOR operates a digital microwave system with multiple channels or T1s, providing connectivity between radio system tower sites. The Demised Premises outlined in Exhibit A, includes use of four channels or TIs on LESSOR'S microwave system. LESSEE "S use of these TIs will eliminate available surplus capacity on the microwave system. During the initial term of this agreement, LESSOR has preemptive rights to utilize this T1 capacity if necessary for operation of the LESSOR'S trunked radio system.; If the LESSOR opts to exercise this right, written notification will be provided to the LESSEE. LESSEE will have thirty (30) days to submit a written proposal to provide additional T1 capacity for the LESSOR and ninety (90) to implement the proposal. LESSOR or its designee will have thirty (30) days to approve or deny the proposal in writing. LESSOR shall not arbitrarily withhold approval. LESSOR may reject the proposal if it is technically deficient. If the LESSEE vacates any of the leased T1 capacity, annual rental payments for each vacated TI line will be reduced based upon the rent applicable to that facility as outlined in attachment A. ARTICLE 4. Other Expenses and Char es LESSOR shall pay all electrical utility charges applicable to the Demised Premises ARTICLE 5. Modifications to Demised Premises Prior to making any material changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold or condition its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencies having subject matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs in a reasonable manner at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or permit any other persons to occupy same without the expressed prior written consent of LESSOR which consent shall not be unreasonably withheld, delayed or conditioned. Any such assignment or subletting, with the consent of LESSOR, shall relieve LESSEE from liability for payment of rent and other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE 8. Indemnity 16E12 In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) to the extent arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S negligent use of the Demised Premises, (B) any work or thing whatsoever negligently done, or any condition negligently created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises to the extent due to or resulting from any default by LESSEE in the negligent performance of LESSEE'S obligations under this Lease or otherwise, or (D) any negligent act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding so request, at LESSEE'S expense. LESSEE's obligation to indemnify, defend and hold LESSOR harmless is conditioned upon LESSOR giving LESSEE prompt notice of any such claim and all necessary information and assistance so that LESSEE, at its option, may defend or settle such claim. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No /Cents ($500,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No /100 Cents ($100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. ARTICLE 10. Maintenance To the extent not caused by LESSOR, LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If due to the actions or inactions of LESSEE said Demised premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSOR, at its sole cost, shall repair all damage to the Demised Premises caused by LESSOR, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSEE, at its sole cost, shall remove from the Demised premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in sixty (60) (or such additional time as is reasonably required to correct such default days from receipt of 16E12 written notice to LESSEE from LESSOR with any provision or covenant of this Lease in such meaningful detail specifying wherein LESSEE has failed to perform such obligation, shall constitute a default whereby LESSOR may, at its option, terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Material falsification by LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law or otherwise. If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half (11 /z) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other Ply: LESSOR: Board of County Commissioners c/o Real Property Management Department 3301 Tamiami Trail East Naples, Florida 34112 Copy to: Radio Communications Manager ARTICLE 14. Surrender of Premises LESSEE: M/A COM Private Radio System, Inc. 3315 Old Forest Road Lynchburg, VA 24501 Attn: General Counsel cc: Florida Project Director 1s6 l% Unless LESSOR agrees otherwise in writin ,LESSEE shall remov "'"' g e any improvement ins Fa led by LESSEE or authorized by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above - referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities or otherwise as of the date of the commencement of this Lease. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment to the extent caused by LESSEE. Subject to Chapter 768, Florida Statutes, LESSOR represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSEE, from and against all costs (including attorney fees) asserted against, imposed on or incurred by LESSEE directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment to the extent caused by LESSOR. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto. B. Not interfere with the operation of LESSOR'S or LESSOR'S current tenants' or radio equipment on surrounding towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. ARTICLE 18. Radon Gas 16 12 In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the ollowing: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 22. Destruction or Eminent Domain In the event any portion of the Demised Premises are damaged or destroyed or taken by eminent domain to an extent in the reasonable opinion of LESSEE that LESSEE cannot carry out its operations as intended, LESSEE may terminate this Lease by giving LESSOR thirty (11lW written notice of its intention to do so. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DABS- zG,zoo ATTEST; fjwfbHT -E. BLOCK, Clerk Deputy clerk t at 10 CMIrw's 119wh" 841y. AS TO LESSEE: DATED: -31q ©Z WITNESS (signature) (print name) UL� _ WITNESS (s ature) F. :v2T J -;-n°S (print name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAME . COLETTA Chairman M /A -COMM PRIVATE RADIO SYSTEMS, INC. BY: k?64 KEN STEERE, JR., State o orida Project Director 16E12 Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney $ w 3 a � D � m - - - v m w 5 m S N 3 o U d O d � — 3 a 3 N ^ � m 3 d � m w m m m a�o3 o o N _. a o O H n $ m m a m n m Q N n� 0 o m m nn o a m o 0 � N j n m v �. o a � m C < N o O N N ° a d M y) N m U G 0 0 0 16E12 EXHIBIT A 3 a 3 a $ a - - - m m m 3 3 3 0 m O m O H y m m m o 0 0 o A o v 3 a a a O F O S O F O O -° O F O N'{ O $ C7 N N O O C. X O 0 0 Q 0 0 9 = d Za N ry IP N X° a — .Z - J N H n ° Z m 3 3 3 y ?'O a °w�3 Z a °vm3 N j Za �a -dp�3 0 ^ m'v u'3n naz �3' am y.o 0 m °0 3 k $ a $ a a $ W o 3 0 00 00 0 0° 0 � m d N m v i p v o e 3 ry 3 m C o p1 C v n v fD' ry x 3 s o o o n o m m C) O v c A m 3 v °° D c m 3 a m 3 m o d o m £ a 1 0 p7 a -1 v c v -I c ry == ry FD m m o m 3 O m p1 c$ d n m a 3 m 3 3 c D 21 $ o $ D o a �. O ;L 'n o m 3 4 x t .. �' She >> 3 D � D x D 9 ER fR fR dl fA 69 fq dl fR fA 69 o � 31° A m n � m 9 dl dl df (fl fR fA fA dl � � � A a i rn rn o w rn 0 m 0 m 0 �o 0 rn 0 m m 01 D o o y a a m a 3 Ica d <m G 3 m m U) m ti m � m - c 3 y o u n m° m d N Oi O N Q C n A O 3 m c c m m o y 3 f (ail oai N 3� � 3 m � m v � ° o m° m m° a n of ° m p1 o m n n O 1 n O C w fD fD M Q y N N M H C1 7 O. C A) _ O 3 Certification Date: 2 -26 -02 I certify that the Ocho ee Fire Control District Fire Department or Local Government, whose address is: P.O. Box 25 City Ochopee Florida Zip: 34141 Phone: ( 941 ) 695 -4114 is not able to implement 29 Code of Federal Regulations. Section 1910.134(g)(4) without adding additional personnel to its firefighting staff or expending significant additional funds On behalf of the above fire department or local government, I agree to cooperate fully with the Division of State Fire Marshal in seeking to implement 29 Code of Federal Regulations, Section 1910.134(g)(4). 11ORZ ENE JAMES N. COLETTA CHAIRMAN Printed Name of Executive Officer 16F2 El ATTEST: DWIGHT E. l3ROCK,,CLE ,1f- - t (Deputy a Attest as to `? If your fire department is unable to comply with 29 C.F.R. 1910.134(g)(4), the "two -in. two -out rule," please complete, or if appropriate have your local government complete, the above certification and fax it to the Director of the Division of State Fire Marshal at Fax No. (850) 922 -1235. or mail it to the Director of the Division of State Fire Marshal at 200 East Gaines Street, Tallahassee, Florida 32399 -0340. To receive your automatic six month exemption, it or a similar document containing the same information must be received by the Division of State Fire Marshal no later than April 1, 2002, as provided by Rule 4A- 62.003, Florida Administrative Code. Ajsit=County roved as to form and legal suffici cy Attorney Certification Date: 2 -26 -02 I certify that the Isles of Capri Fire Control District Fire Department or Local Government, whose address is: 175 Capri Blvd. City Naples Florida "'dip: 34113 Phone: ( 941 ) 394 -8870 is not able to implement 29 Code of Federal Regulations. Section 1910.134(g)(4) without adding additional personnel to its firefighting staff or expending significant additional funds On behalf of the above fire department or local government, I agree to cooperate fully with the Division of State Fire Marshal in seeking to implement 29 Code of Federal Regulations, Section 1910.134(g)(4). JAMES N. COLETTA CHAIRMAN Printed Name of Executive Officer 16F2 ATTEST: DWIGHT E. BROCK; CLER . utv CIS c� 4 .4 f; Att" `T t•' 4 S owtWo If your fire department is unable to comply with 29 C.F.R. 1910.134(g)(4), the "two -in. two -out rule," please complete, or if appropriate have your local government complete, the above certification and fax it to the Director of the Division of State Fire Marshal at Fax No. (850) 922 -1235. or mail it to the Director of the Division of State Fire Marshal at 200 East Gaines Street, Tallahassee, Florida 32399 -0340. To receive your automatic six month exemption, it or a similar document containing the same information _must be received by the Division of State Fire Marshal no later than April 1, 2002, as provided by Rule 4A- 62.003, Florida Administrative Code. Approved as to form and legal sufficiency: tista y A ttorney BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 16J1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(l), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for February 23, 2002 through March 1, 2002. B. Minutes: 1. Isles of Capri Fire /Rescue Advisory Board - Summary Agenda for November 8, 2001. 2. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for February 22, 2002; Minutes of February 1, 2002. 3. 1 -75 /Golden Gate Interchange Advisory Committee - Minutes for January 30, 2002. 4. Parks and Recreation Advisory Board - Agenda for February 20, 2002; Minutes of January 16, 2002. 5. Black Affairs Advisory Board - Agenda for January 22, 2001, February 26, 2001, March 19, 2001, April 16, 2001, May 21, 2001, June 18, 2001, July 16, 2001; Agenda for September 17, 2001, October 15, 2001, December 17, 2001, Minutes of May 21, 2001, Minutes of July 16, 2001, Minutes of November 7, 2001, Minutes of December 17, 2001 6. Collier County Planning Commission - Agenda for February 21, 2002; Minutes of January 3, 2002. 7. Development Services Advisory Committee - Minutes for January 16, 2002. 8. Development Services Advisory Ad -Hoc Committee - Agenda for January 9, 2002. 9. Rural Lands Oversight Committee - Agenda for March 11, 2002; Minutes for February 25, 2002. H:Data/Format Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 03/01/02 To: Sue Filson, Administrative Assistant Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements 16J1' Ci:j) 40,jr":7 , f �f 3 10 "let's Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 23,2002 through March 1, 2002. In accordance with Florida Statutes, Chapter 136.06(1) I requ6st 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. 5 Y: T Via., k��: 16J1 Q: /Manual Checks /APMLOG BOARD OF COUNTY COMMISSIONERS A/P Manual Check Log DATE ISSUED TO: CK # AMOUNT DESCRIPTION 2/20/2002 Community Development Corp 330 101,451.29 2/2112002 Alan Productions 331 210.00 2126/2002 Rosen Centre Hotal 332 214.00 212612002 Check Run Beginning 571150 2126/2002 Check Run Ending 571857 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 1 ERS REPORT 100 -601 BOARD OF COMMISSION SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC CHECK NO 571291 VENDOR 111990 - 3M 20015673 TP81420 101 - 163630 - 653710 -00000 0.00 199.26 0.00 201144 TRAFF.SIGN.SUPP. CHECK TOTAL 0.00 CHECK NO 571731 VENDOR 338650 - 9 TO 5 COMPUTER SUPPLY DISTRIBUTORS 20015537 99267 412 - 273511 - 652990 -70033 0.00 2,120.00 0.00 204228 - TAPE & CLEANER KITS CHECK TOTAL 0.00 CHECK NO 571398 VENDOR 174220 - A T & T EASYLINK SERVICES 20015740 01610800202 1 /1- 1/31/02 001 - 144210. 641210.00000 0.00 50.00 0.00 153726 FAX SVS FOR JAN /02 20015741 01610800201 DEC /01 001 - 144210 - 641210 -00000 0.00 50.10 0.00 153725 DEC /01 CHECK TOTAL 0.00 CHECK NO 571848 VENDOR 900100 - A. ROSSI 301425 A. ROSSI MILEAGE REIMB 681 - 431590 - 634405 -00000 0.00 5.48 0.00 A. ROSSI MILEAGE REIMBURSEMENT CHECK TOTAL 0.00 CHECK NO 571369 VENDOR 161100 - AAA GENERATOR & PUMP INC. 20015403 G02 0110 408. 233351 - 634999 -00000 0.00 87.50 0.00 200747 REPAIR MAINT 20015404 G02 0104 001 - 122240 - 634999 -00000 0.00 85.00 0.00 201559 REPAIR MAINT 20015403 G02 0102 408 - 233351 - 634999.00000 0.00 58.00 0.00 200747 REPAIR MAINT CHECK TOTAL 0.00 CHECK NO 571598 VENDOR 285940 - AACTION MULCH OF SW FL, INC. 20016106 20910 111 - 163646. 646318 -00000 0.00 6,099.60 0.00 201898 MULCH 11/19/01 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 2 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 6.099.60 CHECK NO 571499 VENDOR 237370 - ABB WATER METERS INC. 20015457 200205CM 412 - 273511 - 655100.70076 0.00 806.75- 0.00 806.75- 200968 CREDIT 20015405 179817 1 /18 408 - 253212.655100 -00000 0.00 75.00 0.00 75.00 200195 METER /PARTS 20015457 179860 1121 412.273511- 655100 -70076 0.00 10,603.50 0.00 10,603.50 200968 METERS /PARTS CHECK TOTAL 0.00 9,871.75 CHECK NO 571346 VENDOR 147860 ABE SKINNER. PROPERTY APPRAISER 20016094 2002 -07 111 - 138911 - 634999 -00000 0.00 16.50 0.00 16.50 154251 BLUE LINE MAP CHECK TOTAL 0.00 16.50 CHECK NO 571604 VENDOR 288960 ABLE BODY TEMPORARY SERVICE 20015370 115006888 320 - 183800 - 634999 -00000 0.00 2.977.24 0.00 2,977.24 200061 TEMP LABOR CHECK TOTAL 0.00 2,977.24 CHECK NO 571829 VENDOR 352470 ACME DYNAMICS, INC. 20016093 67523 413 - 263611. 655100.73076 0.00 37,867.10 0.00 37,867.10 202 -001 PUMP & ACCESS CHECK TOTAL 0.00 37,867.10 CHECK NO 571491 VENDOR 231690 ACOUSTI ENGINEERING COMPANY OF FL 20015392 001777 1/24 001 - 122240 - 652990 -00000 0.00 459.60 0.00 459.60 152694 770 ARM 64 SF CHECK TOTAL 0.00 459.60 CHECK NO 571696 VENDOR 327170 ADDISON STEEL, INC. 20015455 40286 1 /18 301 - 120402 - 762200 -80196 0.00 10.748.00 0.00 10,748.00 204229 IMMOK JAIL /STEEL CHECK TOTAL 0.00 10,748.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571721 VENDOR 335370 - ADMIN FOR CHILD SUPPORT ENFORCEMENT 20016128 PP #11 001- 000000 - 218810 -00000 0.00 PP #11 CHECK NO 571765 VENDOR 346530 - ADT 20015720 53 12101 681 - 431310 - 634999 -00000 0.00 202584 12101 CHECK NO 571593 VENDOR 282670 - ADVANCED AIR & REFRIGERATION, INC. 20015372 2635 1/17 001 - 122240 - 652997.00000 0.00 201511 GG LIBRARY 20015372 2680 1/23 001. 122240- 652997 -00000 0.00 201511 GGCC 20015372 2638 1/16 001- 122240 - 652997 -00000 0.00 201511 JAIL HAETING /AIR REPAIR 20015372 2697 1/25 001 - 122240 - 652997.00000 0.00 201511 GGCC 20015372 2624 1/16 001 - 122240. 652997 -00000 0.00 201511 GGCC 20015372 2625 1/16 001. 122240. 652997 -00000 0.00 201511 GGCC 20015372 2718 1/29 001 - 122240 - 652997.00000 0.00 201511 GGEL 20015372 2623 1/16 001. 122240- 652997 -00000 0.00 201511 IMMOK SHERIFF 20015372 2636 1/17 001 - 122240. 652997 -00000 0.00 201511 IMMOK PHC 20015372 2717 1/29 001 - 122240 - 652997 -00000 0.00 201511 GGEL 20015372 2634 1/17 001 - 122240 - 652997 -00000 0.00 201511 IMMOK PARK 16J1 PAGE 3 AMT NET VCHR DISC 97.50 CHECK TOTAL 460.40 CHECK TOTAL 25.00 112.50 75.00 116.00 828.00 12.50 414.00 112.50 50.00 62.00 133.00 CHECK TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 97.50 97.50 460.40 460.40 25.00 112.50 75.00 116.00 828.00 12.50 414.00 112.50 50.00 62.00 133.00 1,940.50 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS 0.00 750.00 SPECIAL DETAILED CHECK REGISTER 0.00 1,012.19 FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571568 VENDOR 276040 - ADVANCED FIRE SYSTEMS, INC 20015367 53458 11/9 001. 122240 - 634007 -00000 0.00 201510 INSPECTION / MAINT 20015367 53986 1/29 001 - 122240 - 634007 -00000 0.00 201510 INSPECTION / MAINT 20015367 53966 1/24 001 - 122240. 634007 -00000 0.00 201510 INSPECTION / MAINT 20015367 49985 10/18 001 - 122240. 634007 -00000 0.00 201510 INSPECTION / MAINT 20015367 50047 10/17 001. 122240 - 634007 -00000 0.00 201510 INSPECTION / MAINT 20015375 53954 1122 001. 122240 - 634007 -00000 0.00 201510 MAINT CHECK NO 571658 VENDOR 315350 - AEC NATIONAL 20015829 20112 381 - 120402. 631402 -80196 5706 THRU 1/31/02 20015830 20111 381. 120402. 631401 -80003 203133 THRU 1/31/02 0.00 0.00 CHECK NO 571674 VENDOR 320830 - AEC NATIONAL /WILKISON JOINT VENTURE 20015812 20503 414- 263611 - 631400.73060 0.00 412. 273511- 631400 -70074 0.00 7239 THRU 1/31/02 CHECK NO 571304 VENDOR 116780 - AFFAIR TENT RENTAL 20015395 TENT RENTAL 1/25 -28 111 - 156341 - 644600 -00000 152557 TENTS /PARTY IN THE PARK CHECK NO 571162 VENDOR 300 - AGNOLI, BARBER & BRUNDAGE, INC. 20015825 11518 REVISED 2/5 325 - 172977 - 631400.31101 915545 THRU 12114101 16JlPAGE 4 AMT NET VCHR DISC 349.75 73.00 510.00 95.00 151.40 30.05 CHECK TOTAL 4,698.00 70,891.00 CHECK TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 349.75 73.00 510.00 95.00 151.40 30.05 1,209.20 4,698.00 70.891.00 75,589.00 554.36 500.00 0.00 1,054.36 CHECK TOTAL 0.00 1,054.36 0.00 750.00 0.00 750.00 CHECK TOTAL 0.00 750.00 0.00 1,012.19 0.00 1,012.19 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015825 11517 915545 THRU 12114101 20015832 R11574 -1 102866 THRU 1111102 20015825 R11519 915545 THRU 12/14/01 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 325 - 172977 - 631400 -31101 0.00 368 - 116360 - 631400 -00163 0.00 325. 172977- 631400 -31101 0.00 CHECK NO 571552 VENDOR 264920 - AIRBORNE EXPRESS 20015376 M8442534 1122 001. 155410- 641950.00000 0.00 202798 SHIPPING LAB MATERIALS 20016098 N4983226 001. 155410- 641950 -00000 0.00 202798 SHIPPING LAB MATERIALS CHECK NO 571395 VENDOR 172480 - ALAN PRODUCTIONS 20015719 0205 -02 A FEGUEROA 681 - 410310. 633052 -00000 0.00 A FEGUEROA 01- 001360CJFGB CHECK NO 571849 VENDOR 900100 - ALICIA ROMERO 301426 A. ROMERO 98- 715 - CFA -LDM 681 - 421190- 634405 -00000 0.00 A. ROMERO 98- 715 - CFA -LDM CHECK NO 571322 VENDOR 127610 - ALL ANIMALS CLINIC 20015378 02 9642 S TERRILL VCHR NET 610 - 155410 - 631970.00000 0.00 847.50 200590 2/6 ADOPTION FEES 723.25 1.774.22 20015378 02 9641 S TERRILL CHECK TOTAL 610. 155410. 631970 -00000 0.00 17.84 200590 2/6 ADOPTION FEES CHECK TOTAL 0.00 20015378 01 9468 F SCHLOSS 0.00 610 - 155410. 631970 -00000 0.00 0.00 200590 2/6 ADOPTION FEES 0.00 65.00 20015378 01 9406 A RALEAH 65.00 610 - 155410 - 631970.00000 0.00 235.00 200590 2/6 ADOPTION FEES 16JI PAGE 5 AMT NET VCHR DISC VCHR NET 847.50 0.00 847.50 723.25 0.00 723.25 1.774.22 0.00 1,774.22 CHECK TOTAL 0.00 4,357.16 13.34 0.00 13.34 40.29 0.00 40.29 CHECK TOTAL 0.00 53.63 65.00 0.00 65.00 CHECK TOTAL 0.00 65.00 17.84 0.00 17.84 CHECK TOTAL 0.00 17.84 45.00 0.00 45.00 60.00 0.00 60.00 65.00 0.00 65.00 65.00 0.00 65.00 CHECK TOTAL 0.00 235.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571809 VENDOR 351160 - ALLEN JOHNS- BOOKEEPER 20015394 1467709 1/29 001 - 122240 - 649990 -00000 0.00 153495 REMOVE BEE NESTS CHECK NO 571712 VENDOR 331760 - ALLEN'S DRY CLEANING LAUNDRY 20015379 276814 490. 144610- 634999 -00000 200361 CLEANING SVC CHECK NO 571288 VENDOR 109450 ALLIED UNIVERSAL CORPORATION 20015460 I0243921 1/25 408. 233352. 652310 -00000 0.00 200741 COT SOD 0.00 20015389 I0246378 2/6 408. 233312. 652310 -00000 0.00 200688 SOD HYPO 0.00 20015461 I0245804 2/4 408. 233312- 652310.00000 0.00 202510 CAUSTIC 0.00 20015389 I0244828 1/29 408 - 233312. 652310 -00000 0.00 200688 SOD HYPO 0.00 20015460 I0242512 1122 408- 233352 - 652310 -00000 0.00 200741 COT SOD 0.00 20015389 I0242503 1122 408. 233312. 652310 -00000 0.00 200688 SOD HYPO 0.00 20015389 I0245094 211 408. 233312. 652310 -00000 0.00 200688 SOD HYPO 0.00 20015460 I02448289 1/29 408. 233352- 652310 -00000 0.00 200741 COT SOD 0.00 20015354 I0244130 1/29 408 - 233312 - 652310 -00000 0.00 202511 EMPTY CHLORINE 20015460 I0245148 2/4 408 - 233352 - 652310.00000 200741 COT SOD 20015389 I0246324 2/6 408. 233312- 652310.00000 200688 SOD HYPO 20015355 I0242554 1122 408. 233352- 652310.00000 202941 CAUSTIC 16JIPAGE 6 AMT NET VCHR DISC VCHR NET 975.00 0.00 975.00 CHECK TOTAL 0.00 975.00 0.00 149.74 0.00 149.74 CHECK TOTAL 0.00 149.74 0.00 1,680.00 0.00 1,680.00 0.00 1.664.95 0.00 1,664.95 0.00 1,724.92 0.00 1,724.92 0.00 1,687,70 0.00 1,687.70 0.00 1,744.05 0.00 1,744.05 0.00 1,741.25 0.00 1.741.25 0.00 1,734.25 0.00 1.734.25 0.00 1,770.65 0.00 1,770.65 0.00 197.95 0.00 197.95 0.00 1.689.45 0.00 1,689.45 0.00 1,692.25 0.00 1.692.25 0.00 580.00 0.00 580.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571672 VENDOR 318980 - ALLTEL COMMUNICATIONS, INC. 20015711 VFB2BTR 1/15 001 - 172910 - 641150.00000 VFB2BTR 1/15 202581 20015718 VFB2DKK 1122 521 - 122410 - 641700 -00000 VFB2DKK 1122 201838 20015715 VFB2BTS 1/15 101 - 163630 - 641700 -00000 VFB2BTS 1/15 200019 20015960 VFB2BWV 1/15 111 - 156310 - 641700 -00000 001 - 156363 - 641700.00000 111 - 156332. 641700 -00000 VFB2BWV 1/15 203698 20015713 VFB2BWF 1/15 101 - 163612. 641700 -00000 VFB2BWF 1/15 200481 20015714 VFB2BV9 1/15 111 - 163647 - 641700 -00000 VFB2BV9 1/15 202367 20015717 VF62CZ2 2/4 198 - 157440 - 641900 -00000 VF62CZ2 2/4 203918 20015712 VFB2B37 1/15 001. 178985. 641700.00000 VFB2B37 1/15 202320 20015718 VFB2DJ9 1122 521 - 122410. 641700 -00000 VFB2DJ9 1122 201838 20015960 VFB2BWV 1/15 111 - 156341. 641700 -00000 111 - 156343 - 641700.00000 111 - 156349 - 641700 -00000 111. 156395- 641700 -00000 111 - 156425 - 641700 -00000 130 - 157710 - 641700 -00000 VFB2BWV 1/15 203699 20015342 VFB2B26G 1/15 195 - 110407. 641700 -00000 VFB2B26G 1/15 201157 20015718 VFB2DKG 1122 521 - 122410 - 641700 -00000 VFB2DKG 1122 201838 20015716 VFB2CZ2 1/03 198 - 157440. 641900.00000 VF62CZ2 1/03 203918 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16JIPAGE 7 AMT NET VCHR DISC CHECK TOTAL 0.00 137.40 7.98 474.86 36.09 364.68 249.47 157.40 207.40 22.08 91.47 22.71 299.03 38.79 34,99 0.00 25.30 7.08 7.95 22.71 32.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 17,907.42 137.40 7.98 474.86 650.24 157.40 207.40 22.08 91.47 22.71 405.19 7.95 22.71 32.90 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015341 VFB2B6G 1/15 VFB2B6G 1/15 201434 20015718 VFB2DKH 1122 VFB2DKH 1122 201838 20015710 VFB2DLF 1122 VF82DLF 1122 201594 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 210155. 641700 -00000 0.00 521 - 122410. 641700 -00000 0.00 001 - 157110 - 644620 -00000 0.00 CHECK NO 571163 VENDOR 460 - ALPHA CHEMICAL 20015377 216798 1/25 001 - 122220. 652990 -00000 202948 DIPS /RIBBED 20015377 216796 1/25 001. 122220- 652990 -00000 202948 DIPS /RIBBED 20015397 216752 1/25 001 - 122240. 652990 -00000 153480 FILTER SENSOR /MICRO HYGN CHECK NO 571164 VENDOR 550 ALPHA OMEGA BUSINESS SYSTEMS 20015340 032407 211 408- 210105.634999 -00000 19.24 200179 COPIER MAINT 19.24 20015348 032387 211 001 - 155110 - 651210 -00000 CHECK TOTAL 200011 COPIER SVC 2,716.01 20015353 032290 12/30 1/30 111 - 156349- 646710.00000 0.00 201298 COPIER SVC 0.00 20015350 032301 12/30 1/30 490. 144610- 634999.00000 0.00 200828 COPIER SVC 0.00 20015374 032215 1/28 408. 210151 - 651210 -00000 0.00 201075 COPIER SVC 0.00 20015352 032299 12/30 1/30 111 - 156310. 646710 -00000 0.00 201294 COPIER SVC 0.00 20015347 032376 211 3/1 495 - 192370 - 651210.00000 0.00 201796 COPIE MAINT 0.00 20015351 032186 12/25 1/25 490 - 144618. 634999 -00000 200835 COPIER SUPPLIES 16J1 PAGE 8 AMT NET VCHR DISC VCHR NET 366.58 0.00 366.58 19.24 0.00 19.24 89.90 0.00 89.90 CHECK TOTAL 0.00 2,716.01 0.00 77.86 0.00 77.86 0.00 319.80 0.00 319.80 0.00 608.60 0.00 608.60 CHECK TOTAL 0.00 1,006.26 0.00 280.87 0.00 280.87 0.00 46.05 0.00 46.05 0.00 99.15 0.00 99.15 0.00 308.63 0.00 308.63 0.00 89.47 0.00 89.47 0.00 280.87 0.00 280.87 0.00 128.68 0.00 128.68 0.00 40.06 0.00 40.06 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS 16J1 PAGE 9 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC UCHR NET 20015346 321984 12/16 -1/16 111 - 138911 - 651210 -00000 0.00 201429 COPIER CHARGES 100.39 0.00 100.39 CHECK TOTAL 0.00 1,374.17 CHECK NO 571818 VENDOR 351750 - ALPHA SPECIALTIES AND AWARDS 20015398 110095 1/23 001. 156363- 646316 -00000 0.00 152295 PLAQUE /LETTERING M MERRICK 162.92 0.00 162.92 CHECK TOTAL 0.00 162.92 CHECK NO 571366 VENDOR 160840 AMERICAN EUROCOPTER CORP. 20015381 S21946001 1/29 001 - 144510 - 646860.00000 0.00 200554 PARTS 559.02 0.00 559.02 CHECK TOTAL 0.00 559.02 CHECK NO 571404 VENDOR 174960 AMERICAN FARMS 20015380 37037 1/28 109- 182901. 634254 -00000 0.00 156149 REPLACEMENT PLANTS 31.00 0.00 31.00 CHECK TOTAL 0.00 31.00 CHECK NO 571763 VENDOR 346000 - AMERICAN HARLEQUIN COMPANY 20015368 11758 1/23 111 - 156390 - 764990.00000 0.00 1,519.50 203881 REVERSIBLE FLOOR /TAPE 111. 156390 - 652990 -00000 0.00 26.00 0.00 1,545.50 CHECK TOTAL 0.00 1.545.50 CHECK NO 571811 VENDOR 351310 - AMERICAN JUSTINIAN SOCIETY OF 50015385 DUES 2002 1 /1- 12/31/02 001. 421010. 654210 -00000 0.00 153799 DUES JUDGE MONACO 50.00 0.00 50.00 CHECK TOTAL 0.00 50.00 CHECK NO 571614 VENDOR 295120 - AMERICAN LAFRANCE MEDICMASTER 20015384 10437 521 - 122410. 646425 -00000 0.00 200837 PARTS 21.44 0.00 21.44 20016107 RO657 522. 122465- 764110 -00000 0.00 203363 REFURBISHMENT 31,171.50 0.00 31,171.50 20015384 384 200837 PARTS 521 - 122410. 646425.00000 0.00 190.40- 0.00 190.40- FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015384 10409 200837 PARTS 20015382 10519 200837 PARTS 20015384 10455 200837 PARTS 20015383 10481 200837 PARTS 20015384 10477 200837 PARTS 20015384 10390 200837 PARTS COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410 - 646425.00000 0.00 521. 122410 - 646425.00000 0.00 521 - 122410 - 646425.00000 0.00 CHECK NO 571477 VENDOR 219570 - AMERICAN MANAGEMENT ASSOCIATION 20016001 REGIST J KENNEDY 001 - 122240. 654370.00000 508.00 204474 REGIST J KENNEDY 0.00 20016001 REGIST D HOLMES 001. 122240 - 654370.00000 CHECK TOTAL 204474 REGIST D HOLMES 395.00 20016001 REGIST P WEBB 001 - 122240 - 654370.00000 0.00 204474 REGIST P WEBB 9,370.64 20016001 REGIST T PIROSSENO 001. 122240- 654370.00000 0.00 204474 REGIST T PIROSSENO 926.50 CHECK NO 571794 VENDOR 349890 - AMERICAN STEEL 20015458 RAF2A0270 1122 301-120402-762200-80196 203829 REBAR IMMOK JAIL CHECK NO 571686 VENDOR 325420 - AMERICAN TRAINING RESOURCES, INC. 20016095 25261 001 - 121810 - 652990.00000 203109 VIDEOS EMPLOYEE TRAINING 16JIPAGE 10 AMT NET VCHR DISC 190.40 0.00 204.26 0.00 508.00 0.00 90.90 0.00 240.00 0.00 42.52 0.00 CHECK TOTAL 0.00 VCHR NET 190.40 204.26 508.00 90.90 240.00 42.52 32.278.62 0.00 395.00 0.00 395.00 0.00 395.00 0.00 395.00 0.00 395.00 0.00 395.00 0.00 395.00 0.00 395.00 CHECK TOTAL 0.00 1,580.00 0.00 9,370.64 0.00 9,370.64 CHECK TOTAL 0.00 9,370.64 0.00 926.50 0.00 926.50 CHECK TOTAL 0.00 926.50 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 0.00 BOARD OF COMMISSIONERS 0.00 301.71 201934 B DRILICH 1121102 SPECIAL DETAILED CHECK REGISTER 301.71 20015356 B DRILICH 9/5 FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER 0.00 DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571326 VENDOR 132850 - AMERICAN VAN EQUIPMENT 20015391 00716500 1/30 101 - 163630 - 651910 -00000 0.00 161.85 153359 DESK /TRAY PARTS /DIVIDERS B DRILICH 9/15 20015366 00714415 1121 001 - 122240 - 652990 -00000 0.00 201934 B DRILICH 9/15 204347 VAN STORAGE CHECK NO 571467 VENDOR 212040 - AMERIGAS - NAPLES 20015360 A5579 230185 1/30 001 - 155410. 643200.00000 0.00 200572 PROPANE CHECK NO 571771 VENDOR 347200 - AMERISUITES 20015417 94645486 W JACKSON 204364 W JACKSON 3/4 -6 20015417 95081841 J TAYLOR 204364 J TAYLOR 20015417 95518196 J MCDONALD 204364 J MCDONALD 3/4 -6 301 - 121125 - 640300 -01017 0.00 301 - 121125 - 640300.01017 0.00 301. 121125 - 640300 -01017 0.00 CHECK NO 571302 VENDOR 115830 - AMJ EQUIPMENT CORPORATION 20015463 2001 -2940 4/23/02 408 - 253211 - 655100 -00000 0.00 201700 PARTS /SUPPLIES CHECK NO 571667 VENDOR 317980 - ANCHOR HEALTH CENTER CHECK TOTAL 20015356 B DRILICH 1121102 001. 155930. 631210.00000 0.00 301.71 201934 B DRILICH 1121102 0.00 301.71 20015356 B DRILICH 9/5 001 - 155930 - 631210 -00000 0.00 0.00 201934 B DRILICH 9/5 1,119.00 0.00 20015356 B DRILICH 9/7 001. 155930- 631210 -00000 0.00 161.85 201934 B DRILICH 9/7 161.85 143.65 20015356 B DRILICH 9/15 001. 155930- 631210 -00000 0.00 257.40 201934 B DRILICH 9/15 0.00 78.65 16J1 PAGE 11 AMT NET VCHR DISC VCHR NET 226.22 0.00 226.22 4.999.84 0.00 4,999.84 CHECK TOTAL 0.00 5,226.06 285.19 0.00 285.19 CHECK TOTAL 0.00 285.19 301.71 0.00 301.71 301.71 0.00 301.71 301.71 0.00 301.71 CHECK TOTAL 0.00 905.13 1,119.00 0.00 1,119.00 CHECK TOTAL 0.00 1,119.00 161.85 0.00 161.85 143.65 0.00 143.65 257.40 0.00 257.40 78.65 0.00 78.65 FEBRUARY COUNTY 16J1 PAGE 12 REPORT 100 -6002 OF SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 641.55 CHECK NO 571704 VENDOR 330150 ANCHOR HEALTH CENTER 20015358 K REDDIES 1/14 001 - 155930 - 631210 -00000 0.00 34.45 0.00 34.45 154105 K REDDIES 1/14 CHECK TOTAL 0.00 34.45 CHECK NO 571633 VENDOR 303170 ANCHOR HEALTH CENTERS 20015357 M DORNELUS 1116 001 - 155930 - 631210 -00000 0.00 29.25 0.00 29.25 201935 M DORNELUS 1/16 CHECK TOTAL 0.00 29.25 CHECK NO 571640 VENDOR 306500 - ANDREA TAYLOR 20015738 1/9.2/22 TRVL A TAYLOR 001.156130- 640200 -00000 0.00 68.44 0.00 68.44 1/9 -2/22 TRVL A TAYLOR 20015409 2/6,12 TRVL A TAYLOR 001 - 156130.640300.00000 0.00 12.00 0.00 12.00 2/6,12 TRVL A TAYLOR CHECK TOTAL 0.00 80.44 CHECK NO 571495 VENDOR 233010 - ANIMALIFE VETERINARY CENTER, P.A. 20015333 01 9228 GUMMI 610 - 155410 - 631970 -00000 0.00 45.00 0.00 45.00 200922 2/6 ADOPTION FEES CHECK TOTAL 0.00 45.00 CHECK NO 571736 VENDOR 339570 ANOTHER PRINTER 20015462 8818 2/6 001 - 100130.647110 -00000 0.00 1,749.43 0.00 1,749.43 200224 PRINTING CHECK TOTAL 0.00 1,749.43 CHECK NO 571562 VENDOR 271090 ANTHONY M. D'AGOSTINO, M.D. 20015359 A QUATRALE 1/30 154013 001 - 155930 - 631210 -00000 0.00 45.50 0.00 45.50 154013 A QUATRALE 1/30 CHECK TOTAL 0.00 45.50 CHECK NO 571161 VENDOR 352110 - ANTHONY MATTARY 20015387 RENT 3/02 C PETRONE 001. 155930- 634153 -00000 0.00 450.00 0.00 450.00 AND FEBRUARY 27, 20, COUNTY FLORI 16JI PAGE 13 REPORT 100.6002 OF ONERDA SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 450.00 CHECK NO 571735 VENDOR 339470 - AQUAGENIX 20015827 307 -2084R RETAIN.RELEASE 306 - 000000 - 205100.00000 0.00 2,190.00 0.00 2,190.00 201859 RETAINAGE RELEASE CHECK TOTAL 0.00 2,190.00 CHECK NO 571371 VENDOR 161840 - AQUIFER MAINTENANCE & PERFORMANCE 20015369 21396 2/6 408. 253221 - 634999 -00000 0.00 580.91 0.00 580.91 200417 WELL MAINT 20015369 21387 1/29 408 - 253221 - 634999 -00000 0.00 613.50 0.00 613.50 200417 WELL MAINT CHECK TOTAL 0.00 1,194.41 CHECK NO 571350 VENDOR 148190 - ARSENE MAJUSTE 20015390 2/7 8:00 -9:30 1.5 HRS 681 - 421190 - 634402 -00000 0.00 24.00 0.00 24.00 2/7 8:00 -9:00 1.5 HR 20015390 2/6 9:30 -12:00 2.5 HRS 681 - 431590. 634402.00000 0.00 40.00 0.00 40.00 2/6 9:30.12:00 2.5 HRS 20016097 2/14 10:00 -11:00 1.0 HRS 681 - 421190. 634402.00000 0.00 16.00 0.00 16.00 2/14 10:00 -11:00 1.0 HRS 20015390 2/8 10:30.12:00 1.5 HRS 681 - 431590 - 634402 -00000 0.00 24.00 0.00 24.00 2/8 10:30 -12:00 1.5 HRS 20015390 2/6 8:30 -9:30 1HR 681 - 421190 - 634402 -00000 0.00 16.00 0.00 16.00 2/6 8:30 -9:30 1HR 20015390 2/5 8:00 -1:00 5 HRS 681- 431590 - 634402 -00000 0.00 80.00 0.00 80.00 2/5 8:00.1:00 5 HRS 20015390 2/7 9:30 -11:30 2HRS 681 - 431590 - 634402 -00000 0.00 32.00 0.00 32.00 2/7 9:30 -11:30 2 HRS 20016097 2/14 8:30 -10:00 1.5 HRS 681- 431590 - 634402 -00000 0.00 24.00 0.00 24.00 2/14 8:30.10:00 1.5 HRS 20015390 2/8 8:30 -10:30 2 HRS 681 - 421190 - 634402.00000 0.00 32.00 0.00 32.00 2/8 8:30 -10:30 2 HRS CHECK TOTAL 0.00 288.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571298 VENDOR 115320 - ASHBROOK CORPORATION 20015361 54490 1/29 408 - 253211 - 655100.00000 0.00 201775 PARTS CHECK NO 571430 VENDOR 190080 - ASSOCIATED MEDIA COMPANIES 20015402 20020059 1/31 355. 156190 - 766100.00000 153993 VIP ADDRESS BOOKS CHECK NO 571681 VENDOR 323320 - AT & T 20015742 7305112831001 1127 202351 7305112831001. 657.8336 20015744 056 632 1817 001 2/7 353 -3958 20016099 056 282 6901 001 02/12 02/13 000 -0000 20016099 056 286 3920 001 02/13 02/13 695 -4450 20015373 056 286 0866 001 1121 056 286 0866 001 1122 658.0783 20016099 056 282 7203 001 02/13 02/13 657 -2882 20015339 056 286 1439 001 1/21 056 286 1439 001 1121 793 -0618 20016099 056 282 7604 001 02/13 02/13 793 -2234 20015744 056 283 9336 001 1/31 643 -4117 20016099 056 282 7513 001 02/13 02/13 774 -0517 20016099 056 282 7581 001 02112 02/13 775 -5592 20015744 730 510 4853 001 2/6 394.3355 16JI PAGE 14 AMT NET VCHR DISC VCHR NET 93.15 0.00 93.15 CHECK TOTAL 0.00 93.15 0.00 427.27 0.00 CHECK TOTAL 0.00 681. 431310 - 641900 -00000 0.00 59.44 0.00 001 - 010110 - 641900.00000 0.00 3.48 0.00 001. 156170 - 641210 -00000 0.00 6.39 0.00 146 - 144380 - 641900 -00000 0.00 13.88 0.00 001 - 122240 - 641900 -00000 0.00 11.11 0.00 001. 156150 - 641900 -00000 0.00 6.39 0.00 001 - 443010 - 641900 -00000 0.00 14.02 0.00 198 - 157410 - 641900 -00000 0.00 13.88 0.00 408. 210151. 641900 -00000 0.00 68.82 0.00 001. 156110- 641900 -00000 0.00 1.26 0.00 001- 156180. 641900 -00000 0.00 6.39 0.00 495. 192370 - 641900 -00000 0.00 222.79 0.00 427.27 427.27 59.44 3.48 6.39 13.88 11.11 6.39 14.02 13.88 68.82 1.26 6.39 222.79 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20016099 056 282 7543 001 10/13 10/13 774.6470 20016099 056 282 6110 001 02/13 02/13 394 -2383 CREDIT 20015373 056 594 8842 001 1/27 056 594 8842 001 1127 394 -3402 20015339 730 511 5522 001 1/18 730 511 5522 001 1/18 774 -5952 20015745 056 286 0862 001 1121 202513 657 -9003 20015373 730 511 3524 001 2/3 730 511 3524 001 2/3 695 4114 20016099 056 282 6925 001 02/13 02/13 597 -8444 20016099 056 286 3919 001 02/07 02107 695 -3473 20015745 056 284 4627 001 1122 202513 657 -9792 20016099 056 282 6124 001 02/13 02/13 394 -6750 20015339 056 286 1406 001 1121 056 286 1406 001 1121 775 -0536 CHECK NO 571498 VENDOR 236190 - AT &T 20015340 730 510 6292 001 2/9 730 510 6292 001 2/9 455 -8088 20016105 020 017 6052 001 02101 201780 695 -2778 20016104 030 295 0956 001 02107 02107 735 -0844 20015340 030 310 9154 001 1/28 030 310 9154 001 1/28 774 -8380 20016103 030 361 2379 001 02/04 02/04 643 -3094 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS VCHR DISC SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 233352 - 641100 -00000 0.00 001 - 156160 - 641210.00000 0.00 001 - 122240. 641900 -00000 0.00 001 - 443010. 641210 -00000 0.00 495 - 192330 - 641900 -00000 0.00 146 - 144380. 641900.00000 0.00 001 - 156170. 641900 -00000 0.00 146 - 144380 - 641900 -00000 0.00 495 - 192330 - 641900 -00000 0.00 441 - 256110 - 641100.00000 0.00 001- 443010 - 641900 -00000 0.00 16J1 PAGE 15 AMT NET VCHR DISC 13.55 0.00 0.25- 0.00 15.63 0.00 13.76 0.00 94.15 0.00 37.11 0.00 33.64 0.00 21.82 0.00 39.78 0.00 16.92 0.00 14.02 0.00 CHECK TOTAL 0.00 001 - 156145 - 641900.00000 0.00 16.75 0.00 16.75 495 - 192350 - 641900 -00000 0.00 47.68 0.00 47.68 001 - 121710- 641400.00000 0.00 31.29 0.00 31.29 001 - 122240 - 641900.00000 0.00 16.03 0.00 16.03 470 - 173441. 641210.00000 0.00 15.81 0.00 15.81 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015340 730 511 0335 001 2/6 730 511 0335 001 2/6 597 -5355 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408. 233312- 641100.00000 0.00 CHECK NO 571715 VENDOR 333620 - AT &T WIRELESS 514.70 20015743 10032617 2/5 681 - 421510. 641700 -00000 0.00 18.86 201311 10032617 2/5 0.00 95.31 20015388 10058439 2/5 001 - 010110. 641700 -00000 0.00 0.00 200298 370 -0483 CHECK TOTAL 0.00 20016100 10053654 2/13 146 - 144380 - 641700.00000 0.00 150.00 200305 01112 -02 -11 150.00 48.00 20015406 9000062 2/5 001 - 443010 - 641700.00000 0.00 40.00 201181 691 -2873 0.00 383.00 CHECK NO 571644 VENDOR 309230 - ATTORNEYS' TITLE INSURANCE FUND INC 20015343 6420046800 113 - 138913. 631990 -00000 0.00 154191 TITLE SEARCH CHECK NO 571630 VENDOR 300230 - AUTOLECTRIC 20015363 7559 200839 PARTS 20015362 7556 1/25 200839 PARTS 20015362 7549 1122 200839 PARTS 20015362 7556 1/25 200839 PARTS 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410- 646425 -00000 0.00 521 - 122410 - 646415 -00000 0.00 CHECK NO 571750 VENDOR 344560 - AV MARKETPLACE 20015965 546833 121. 138755- 764900.33024 0.00 121. 138755. 634999 -33024 0.00 204196 DIGITAL PROJECTOR 16JI PAGE 16 AMT NET VCHR DISC 80.50 0.00 CHECK TOTAL 0.00 VCHR NET 80.50 208.06 204.79 0.00 204.79 514.70 0.00 514.70 18.86 0.00 18.86 95.31 0.00 95.31 CHECK TOTAL 0.00 833.66 150.00 0.00 150.00 CHECK TOTAL 0.00 150.00 145.00 0.00 145.00 150.00 0.00 150.00 48.00 0.00 48.00 40.00 0.00 40.00 CHECK TOTAL 0.00 383.00 2,969.00 595.00 0.00 3,564.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC CHECK NO 571599 VENDOR 286720 - AZTEK COMMUNICATIONS 20015399 1743 1/29 0.00 408 - 210130. 646970 -00000 153297 CONNECT TO GIS SYSTEM 32,286.60 20015961 1738 1/28 0.00 001. 443010. 641900 -00000 0.00 204050 RELOCATE LINES SUPPLIES 35.00 20015963 1734 1128 0.00 111 - 156310 - 634999.00000 0.00 201261 RUN DATA /PHONE LINES 35.00 20015964 1733 1/28 0.00 681. 421510 - 634999.00000 0.00 201312 COMPUTER PHONE WIRING 35.00 20015962 1755 1/31 001 - 121141. 634999 -00000 201352 MAINT SUPPLIES CHECK NO 571679 VENDOR 323310 - AZURIX NORTH AMERICA UNDERGROUND 20015824 01093.3 RETAINAGE 414 - 000000. 205100 -00000 201904 THRU 1/31/02 RETAINAGE 20015824 01093.3 414 - 263611 - 763100 -73050 201904 THRU 1/31/02 CHECK NO 571349 VENDOR 147980 - B 8 B TOWING 20015611 48380 0.00 521 - 122410 - 646415 -00000 200694 SUPPLIES 32,286.60 20015611 49270 0.00 521 - 122410 - 646415 -00000 0.00 200694 SUPPLIES 35.00 20015611 49238 0.00 521 - 122410- 646415 -00000 0.00 200694 SUPPLIES 35.00 20015612 50107 0.00 521 - 122410 - 646415 -00000 0.00 200694 SUPPLIES 35.00 20015611 48438 521. 122410- 646415 -00000 200694 SUPPLIES 20015612 49325 521 - 122410 - 646415.00000 200694 SUPPLIES 0.00 0.00 0.00 0.00 0.00 16JI PAGE 17 AMT NET VCHR DISC CHECK TOTAL 0.00 75.00 365.00 40.00 75.00 120.00 CHECK TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 3.564.00 75.00 365.00 40.00 75.00 120.00 675.00 0.00 3.587.40- 0.00 3,587.40- 0.00 35.874.00 0.00 35.874.00 CHECK TOTAL 0.00 32,286.60 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 0.00 35.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JIPAGE 18 AMT NET VCHR DISC CHECK TOTAL 0.00 CHECK NO 571710 VENDOR 331390 - B & B TOWING HH SERVICES INC. 20015615 3110 521. 122410- 646415 -00000 0.00 155.00 0.00 200607 SUPPLIES 20015613 5843 521 - 122410 - 646415 -00000 0.00 224.00 0.00 200607 SUPPLIES 20015615 169 521 - 122410 - 646415 -00000 0.00 236.00 0.00 200607 SUPPLIES 20015614 3103 521. 122410- 646415 -00000 0.00 149.00 0.00 200607 SUPPLIES 20015615 3026 521 - 122410 - 646415.00000 0.00 125.00 0.00 200607 SUPPLIES 20015615 3027 521 - 122410- 646415 -00000 0.00 125.00 0.00 200607 SUPPLIES CHECK TOTAL 0.00 CHECK NO 571820 VENDOR 351900 B B LOCKSMITH 20015365 11497 11/20/01 111. 156381. 646316.00000 0.00 65.00 0.00 150171 EMERGENCY SVC CHECK TOTAL 0.00 CHECK NO 571167 VENDOR 1740 BAKER & TAYLOR CO 20015959 5003489542 307 - 156110 - 766100 -00000 0.00 5.99 0.00 200548 BOOKS 20015959 5003496553 307. 156110- 766100 -00000 0.00 107.07 0.00 200548 BOOKS 20015959 5003496550 307. 156110- 766100 -00000 0.00 1,556.89 0.00 200548 BOOKS 20015959 5003489365 307 - 156110 - 766100 -00000 0.00 14.97 0.00 200548 BOOKS 20015959 5003496556 307 - 156110 - 766100 -00000 0.00 37.71 0.00 200548 BOOKS 20015959 5003489524 307 - 156110 - 766100 -00000 0.00 38.50 0.00 200548 BOOKS FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20016101 848692421 SPECIAL DETAILED CHECK REGISTER 204182 VIDEOS /COMPACT DISCS 20015959 5003496554 355 - 156190 - 652670 -00000 0.00 200548 BOOKS 0.00 20016101 B48692420 355 - 156190. 652670 -00000 0.00 204182 VIDEOS /COMPACT DISCS 20015958 R48786340 355 - 156190 - 652670 -00000 0.00 204182 VIDEO'S /CD'S 0.00 20015959 5003489519 307 - 156110. 766100.00000 0.00 200548 BOOKS 0.00 20015958 648437690 355 - 156190. 652670.00000 0.00 204182 VIDEO'S /CD'S 0.00 20016101 B48311842 307 - 156110 - 766100 -00000 0.00 204182 VIDEOS /COMPACT DISCS 20015959 5003489521 200548 BOOKS 20015959 5003496551 200548 BOOKS 20015959 5003496671 200548 BOOKS 20015958 G32281320 204182 VIDEO'S /CD'S 20016101 G32229340 204182 VIDEOS /COMPACT DISCS 20016101 B48816860 204182 VIDEOS /COMPACT DISCS 20015958 B48563830 204182 VIDEO'S /CD'S 20015958 B47563681 204182 VIDEO'S /CD'S 20015959 2008657760 200548 BOOKS 20015959 5003489541 200548 BOOKS COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 355 - 156190 - 652670 -00000 0.00 307- 156110 - 766100.00000 0.00 355 - 156190 - 652670.00000 0.00 355 - 156190. 652670 -00000 0.00 307 - 156110. 766100 -00000 0.00 355 - 156190 - 652670 -00000 0.00 355 - 156190 - 652670 -00000 0.00 307 - 156110. 766100.00000 0.00 307 - 156110 - 766100 -00000 0.00 307 - 156110. 766100.00000 0.00 355 - 156190 - 652670 -00000 0.00 355 - 156190- 652670 -00000 0.00 355 - 156190. 652670.00000 0.00 355 - 156190 - 652670 -00000 0.00 355 - 156190. 652670.00000 0.00 307 - 156110 - 766100 -00000 0.00 307. 156110. 766100 -00000 0.00 16JIPAGE 19 AMT NET VCHR DISC 16.09 0.00 333.33 0.00 56.90 0.00 343.99 0.00 77.05 0.00 67.44 0.00 20.28 0.00 156.00 0.00 57.80 0.00 1,156.88 0.00 48.53 0.00 45.96 0.00 64.23 0.00 12.86 0.00 10.49 0.00 494.58 0.00 7.77 0.00 FEBRUARY 27, 2002 COLLIER COUNTY. FLORIDA 1 6 J IPAGE 20 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015959 5003496552 307.156110- 766100 -00000 0.00 747.70 0.00 747.70 200548 BOOKS 20015959 5003489369 307 - 156110 - 766100 -00000 0.00 83.20 0.00 83.20 200548 BOOKS 20015959 5003496672 307- 156110 - 766100 -00000 0.00 308.60 0.00 308.60 200548 BOOKS 20015958 B47563680 355 - 156190 - 652670.00000 0.00 199.56 0.00 199.56 204182 VIDEO'S /CD'S 20015958 R23267010 355 - 156190. 652670 -00000 0.00 250.79 0.00 250.79 204182 VIDEO'S /CD'S 20015958 848563832 355 - 156190 - 652670 -00000 0.00 178.02 0.00 178.02 204182 VIDEO'S /CD'S 20015958 B48437691 355 - 156190 - 652670 -00000 0.00 63.89 0.00 63.89 204182 VIDEO'S /CD'S 20015959 5003489556 307 - 156110. 766100 -00000 0.00 52.60 0.00 52.60 200548 BOOKS 20015959 5003489237 307 - 156110- 766100.00000 0.00 5.98 0.00 5.98 200548 BOOKS 20015959 5003496555 307. 156110 - 766100.00000 0.00 168.56 0.00 168.56 200548 BOOKS 20016101 B48311841 355 - 156190 - 652670 -00000 0.00 5.59 0.00 5.59 204182 VIDEOS /COMPACT DISCS CHECK TOTAL 0.00 6.795.80 CHECK NO 571816 VENDOR 351560 BAL CONSTRUCTION CONSULTANTS 20015456 6212 B 1/28 313.163673- 631990.69101 0.00 11,632.90 0.00 11,632.90 204345 CONSTRUCTION IMMOK RD 20015456 6212 A 1 /11 313 - 163673.631990 -69101 0.00 14,257.99 0.00 14,257.99 204345 PROFESSIONAL SVC CHECK TOTAL 0.00 25.890.89 CHECK NO 571475 VENDOR 218740 . BARNSTEAD /THERMOLYNE 20015396 248448 1/30 408 - 253250 - 646970 -00000 0.00 119.74 0.00 119.74 150615 REPAIR LAB EQUIP FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 21 REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 119.74 CHECK NO 571517 VENDOR 249960 - BARRY'S GRAVELY TRACTOR'S INC. 20015400 193167 2/4 101 - 163620 - 652910 -00000 0.00 535.72 0.00 535.72 153324 TRIMMER /HELMET SYSTEM CHECK TOTAL 0.00 535.72 CHECK NO 571823 VENDOR 352140 - BAY TITLE SERVICES & ANNA BAILEY 20015995 D/P A BAILEY #00395040005 191 - 138785 - 884100.33751 0.00 2,500.00 0.00 2,500.00 #00395040005 A BAILEY 204480 CHECK TOTAL 0.00 2,500.00 CHECK NO 571850 VENDOR 900100 - BEATRICE MAROULIS 301424 B. MAROULIS MILEAGE REIMB 681 - 421190 - 634405 -00000 0.00 6.20 0.00 6.20 B. MAROULIS MILEGE REIMBURSEMENT CHECK TOTAL 0.00 6.20 CHECK NO 571462 VENDOR 209940 - BENNETT FIRE PRODUCTS CO. INC. 20015371 012102 -1 490 - 144610. 652110.00000 0.00 367.00 0.00 367.00 203588 1/21 20015371 012102 -1 1121 350 - 140470 - 652110.00000 0.00 1,216.00 0.00 1,216.00 200130 COAT /TROUSERS 20015371 012102 -1 1/21 490 - 144610- 652110 -00000 0.00 2,936.00 0.00 2.936.00 200158 TROUSERS 20015371 012102 -1 1121 490 - 144610 - 652720 -00000 0.00 308.00 0.00 308.00 152498 GEAR BAGS CHECK TOTAL 0.00 4,827.00 CHECK NO 571168 VENDOR 1820 - BETTER BUSINESS FORMS 20015407 3339950 1/30 408. 210151. 647110 -00000 0.00 625.00 0.00 625.00 153247 SPECIAL IMPRINTED UTIL BILL CHECK TOTAL 0.00 625.00 CHECK NO 571340 VENDOR 141230 - BIG CYPRESS ANIMAL CLINIC 20015364 0061007 4/16 001. 156363. 631980 -00000 0.00 117.00 0.00 117.00 1583693 RANGER HORSE VET SVC FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J I PAGE 22 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 117.00 CHECK NO 571406 VENDOR 179270 - BILINGUAL EDUCATIONAL SERVICES, INC 20016096 6642 355 - 156190 - 766100.00000 0.00 245.47 0.00 245.47 154227 CHILDREN'S TITLES CHECK TOTAL 0.00 245.47 CHECK NO 571838 VENDOR 900050 - BLANCA CARRASCO 301402 REFUND PARKS B CARRASCO 111- 156313 - 347911.00000 0.00 60.00 0.00 60.00 B CARRASCO REFUND PARKS 301403 REFUND PARKS B CARRASCO 111. 000000 - 208901 -00000 0.00 3.60 0.00 3.60 B CARRASCO REFUND PARKS CHECK TOTAL 0.00 63.60 CHECK NO 571666 VENDOR 317730 - BLUE RIBBON INDUSTRIAL COMPONENTS 20015459 43663 1/29 408 - 233351. 764990 -00000 0.00 7,780.00 408 - 233351. 641950 -00000 0.00 20.55 0.00 7,800.55 203600 BIRD CAGE CHECK TOTAL 0.00 7,800.55 CHECK NO 571363 VENDOR 159870 BLUELINE INC. 20015344 10151467 1/28 113 - 138931. 651110 -00000 0.00 131.68 0.00 131.68 202515 MAINT CHECK TOTAL 0.00 131.68 CHECK NO 571169 VENDOR 2270 BOARD OF CNTY COMMISSIONERS 20016110 PP #11 001. 000000- 217210 -00000 0.00 2,464.74 001 - 000000 - 217220.00000 0.00 8,169.53 0.00 10,634.27 PP #11 CHECK TOTAL 0.00 10,634.27 CHECK NO 571170 VENDOR 2310 - BOB DEAN SUPPLY, INC. 20015335 897431 1/29 408 - 233312 - 655200 -00000 0.00 71.06 0.00 71.06 202021 SUPPLIES CHECK TOTAL 0.00 71.06 CHECK NO 571391 VENDOR 168720 - BONITA AUTO SUPPLY /NAPA FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015337 569230 203458 PARTS 20015338 572306 203458 PARTS 20015338 571995 203458 PARTS 20015337 568804 203458 PARTS 20015338 571267 203458 PARTS 20015337 565834 203458 PARTS 20015338 572021 203458 PARTS 20015338 571939 203458 PARTS 20015337 569238 203458 PARTS 20015337 569226 203458 PARTS 20015337 570778 203458 PARTS 20015338 571830 203458 PARTS 20015338 271979 203458 PARTS 20015337 568717 203458 PARTS 20015338 572204 203458 PARTS 20015337 571012 203458 PARTS 20015337 570905 203458 PARTS COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410 - 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410- 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 16JIPAGE 23 AMT NET VCHR DISC 123.83 0.00 70.54 0.00 1.71 0.00 148.13 0.00 10.49 0.00 17.12- 0.00 49.33 0.00 31.24 0.00 36.56 0.00 31.73 0.00 18.29 0.00 138.26 0.00 16.67 0.00 91.40 0.00 35.30 0.00 30.22 0.00 15.82 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 24 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015337 571064 521 - 122410 - 646425 -00000 0.00 49.02 0.00 49.02 203458 PARTS CHECK TOTAL 0.00 881.42 CHECK NO 571172 VENDOR 2440 - BONITA VETERINARY HOSPITAL 20015336 01 8967 L COX 610 - 155410 - 631970.00000 0.00 75.00 0.00 75.00 200936 L COX O1 8967 2/6 20015336 01 9375 D RUNG 610 - 155410.631970 -00000 0.00 75.00 0.00 75.00 200936 D RUNG 2/6 20015336 02 9571 M CLAY 610 - 155410 - 631970.00000 0.00 75.00 0.00 75.00 200936 M CLAY 02 -9571 /26 CHECK TOTAL 0.00 225.00 CHECK NO 571171 VENDOR 2330 - BONNIE FAULS 20015947 12/4 -2/15 TRVL B FAULS 001 - 157110.640200.00000 0.00 249.98 0.00 249.98 12/4 -2/15 TRVL B FAULS CHECK TOTAL 0.00 249.98 CHECK NO 571612 VENDOR 293380 BQ CONCRETE 20015334 1109 10/28 001 - 122240 - 646110.00000 0.00 750.00 0.00 750.00 201244 CONCRETE CHECK TOTAL 0.00 750.00 CHECK NO 571575 VENDOR 276700 BRINKER BROWN FASTENER & SUPPLY INC 20015393 00366046 2111 001. 122240 - 652990 -00000 0.00 952.49 0.00 952.49 152769 SUPPLIES CHECK TOTAL 0.00 952.49 CHECK NO 571825 VENDOR 352230 BROWARD COUNTY BOARD OF RULES =& 20015721 2001 FL FIRE PREV CODE 001 - 122240. 654110 -00000 0.00 97.00 0.00 97.00 153578 2001 FL FIRE PREV CODE CHECK TOTAL 0.00 97.00 CHECK NO 571173 VENDOR 2560 - BROWN VETERINARY CLINIC 20015345 01 8973 C CROWDER 610 - 155410 - 631970 -00000 0.00 75.00 0.00 75.00 200938 01 C CROWDER 2/14 FEREPORT 1 6 J IPAGE 25 RE 0 100 -6002 BOARDEOFCCOMMISSIONERSA SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015345 01 9373 B KIEDROWSKI 610 - 155410 - 631970 -00000 0.00 45.00 0.00 45.00 200938 01 9373 B KIEDROWSKI 2/14 CHECK TOTAL 0.00 120.00 CHECK NO 571352 VENDOR 151240 - BSN 20014535 90815138 130 - 157710 - 652910 -00000 0.00 284.43 0.00 284.43 152184 SPORTS EQ. 20014535 90815138 130 - 157710- 652990 -00000 0.00 66.69 0.00 66.69 152184 SPORTS EQ. CHECK TOTAL 0.00 351.12 CHECK NO 571620 VENDOR 295300 BUMPER TO BUMPER 20015617 I273267 521 - 122410. 646425 -00000 0.00 27.74 0.00 27.74 203457 SUPPLIES 20015618 C24179 521 - 122410 - 646425 -00000 0.00 43.61- 0.00 43.61- 203457 SUPPLIES 20015618 I273300 521 - 122410 - 646425 -00000 0.00 3.31 0.00 3.31 203457 SUPPLIES 20015617 I273081 521 - 122410 - 646425 -00000 0.00 10.30 0.00 10.30 203457 SUPPLIES 20015618 I273364 521 - 122410 - 646425 -00000 0.00 4.05 0.00 4.05 203457 SUPPLIES 20015620 I272101 521. 122410 - 646425.00000 0.00 40.67 0.00 40.67 203457 SUPPLIES 20015618 I273294 521- 122410 - 646425 -00000 0.00 3.35 0.00 3.35 203457 SUPPLIES 20016102 I273291 521 - 122410. 646425 -00000 0.00 2.86 0.00 2.86 201289 FILTERS 20015619 I272827 521. 122410- 646425.00000 0.00 43.43 0.00 43.43 203457 SUPPLIES 20015618 I273377 521 - 122410 - 646425.00000 0.00 1.90 0.00 1.90 203457 SUPPLIES 20015616 I271960 521 - 122410. 646425 -00000 0.00 7.89 0.00 7.89 201289 SUPPLIES FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 26 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015619 I272755 521 - 122410 - 646425 -00000 0.00 11.80 0.00 11.80 203457 SUPPLIES 20016102 I273185 521. 122410 - 646425.00000 0.00 36.17 0.00 36.17 201289 FILTERS 20015619 I272785 521 - 122410 - 646425.00000 0.00 2.92 0.00 2.92 203457 SUPPLIES 20016102 I273298 521 - 122410 - 646425 -00000 0.00 2.59 0.00 2.59 201289 FILTERS 20015616 I272213 521 - 122410 - 646425 -00000 0.00 17.97 0.00 17.97 201289 SUPPLIES 20015620 I272520 521 - 122410. 646425.00000 0.00 50.53 0.00 50.53 203457 SUPPLIES 20015620 I272122 521 - 122410 - 646425 -00000 0.00 6.57 0.00 6.57 203457 SUPPLIES 20015616 I271912 521 - 122410- 646425 -00000 0.00 56.59 0.00 56.59 201289 SUPPLIES 20016102 I273323 521 - 122410. 646425 -00000 0.00 17.90 0.00 17.90 201289 FILTERS 20015619 I272738 521 - 122410 - 646425 -00000 0.00 35.63 0.00 35.63 203457 SUPPLIES 20015618 I273116 521 - 122410 - 646425.00000 0.00 63.86 0.00 63.86 203457 SUPPLIES 20016102 I272969 521 - 122410. 646425 -00000 0.00 166.05 0.00 166.05 201289 FILTERS 20015618 I273193 521 - 122410 - 646425 -00000 0.00 5.02 0.00 5.02 203457 SUPPLIES 20015618 I273345 521 - 122410. 646425.00000 0.00 19.73 0.00 19.73 203457 SUPPLIES 20015617 I273040 521- 122410. 646425.00000 0.00 14.99 0.00 14.99 203457 SUPPLIES 20015619 I272611 521 - 122410 - 646425 -00000 0.00 19.68 0.00 19.68 203457 SUPPLIES 20015619 I272693 521. 122410- 646425.00000 0.00 6.99 0.00 6.99 203457 SUPPLIES FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015617 I272970 203457 SUPPLIES 20015617 I273102 203457 SUPPLIES 20015619 I272828 203457 SUPPLIES 20015619 I272609 203457 SUPPLIES 20015617 I272906 203457 SUPPLIES 20015619 I2722844 203457 SUPPLIES 20015616 I272740 201289 SUPPLIES 20015616 C24143 201289 SUPPLIES 20015618 I273229 203457 SUPPLIES 20015618 I273365 203457 SUPPLIES 20015616 I272621 201289 SUPPLIES 20015619 I272781 203457 SUPPLIES 20016102 I273293 201289 FILTERS 20015620 I272105 203457 SUPPLIES 20015620 I272092 203457 SUPPLIES 20015620 I272054 203457 SUPPLIES 20016102 I273188 201289 FILTERS COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410 - 646425.00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410 - 646425 -00000 0.00 16JIPAGE 27 AMT NET VCHR DISC 68.14 0.00 169.99 0.00 23.27 0.00 1.88 0.00 49.87 0.00 43.61 0.00 54.59 0.00 5.71- 0.00 5.63 0.00 1.19 0.00 5.71 0.00 43.31 0.00 30.67 0.00 5.68 0.00 19.73 0.00 20.56 0.00 126.86 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015619 I272746 203457 SUPPLIES 20015620 I272070 203457 SUPPLIES 20015617 I273266 203457 SUPPLIES 20015616 I272097 201289 SUPPLIES 20015616 I272608 201289 SUPPLIES 20015618 I273253 203457 SUPPLIES 20015620 I272127 203457 SUPPLIES 20015620 I272104 203457 SUPPLIES 20015618 C24178 203457 SUPPLIES 20015620 I272188 203457 SUPPLIES 20015620 I272042 203457 SUPPLIES 20016102 I273183 201289 FILTERS 20015619 I272789 203457 SUPPLIES 20015617 I272935 203457 SUPPLIES 20015618 I273192 203457 SUPPLIES 20015617 I273043 203457 SUPPLIES 20015618 I273088 203457 SUPPLIES COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410. 646425 -00000 0.00 521. 122410- 646425.00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425.00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 16JIPAGE 28 AMT NET VCHR DISC 62.29 0.00 94.30 0.00 29.04 0.00 16.27 0.00 51.18 0.00 15.49 0.00 11.26 0.00 17.44 0.00 15.37- 0.00 16.23 0.00 139.99 0.00 1.57 0.00 2.77 0.00 15.39 0.00 54.36 0.00 85.39 0.00 45.99 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015616 I272242 201289 SUPPLIES 20015619 I272896 203457 SUPPLIES 20015619 I272684 203457 SUPPLIES 20015620 I272474 203457 SUPPLIES 20015616 I272175 201289 SUPPLIES 20015618 I273289 203457 SUPPLIES 20015620 I272241 203457 SUPPLIES 20015620 I272606 203457 SUPPLIES 20015620 I272594 203457 SUPPLIES 20015619 I272702 203457 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521. 122410 - 646425.00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425.00000 0.00 521. 122410- 646425.00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410. 646425 -00000 0.00 521. 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 CHECK NO 571730 VENDOR 338610 - BURNS VETERINARY SUPPLY 20015401 5341773 1/29 001 - 155410. 652910 -00000 153925 FORCEPS CHECK NO 571423 VENDOR 186290 - BWI /BOOK WHOLESALERS. INC. 20015957 1220195 1/29 355. 156190- 766100 -00000 200562 CHILDRENS TITLES 20015957 1215320 1/16 355. 156190- 766100 -00000 200562 CHILDRENS TITLES 20015957 1221064 1/29 355 - 156190 - 766100.00000 200562 CHILDRENS TITLES 16JIPAGE 29 AMT NET VCHR DISC 258.97 0.00 27.48 0.00 91.98 0.00 44.42 0.00 4.62 0.00 39.71 0.00 43.59 0.00 43.61 0.00 20.92 0.00 8.49 0.00 CHECK TOTAL 0.00 0.00 40.50 0.00 4U.5U CHECK TOTAL 0.00 40.50 0.00 856.53 0.00 856.53 0.00 194.30 0.00 194.30 0.00 3.59 0.00 3.59 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION CHECK NO 571489 VENDOR 230790 - C.E.D. INC. 20015318 4977 - 357145 201239 SUPPLIES 20015169 4977 - 357995 200081 ELECTRICAL SUPPLIES 20015318 4977 - 357520 201239 SUPPLIES 20015318 4977 - 357704 201239 SUPPLIES 20015318 4977 - 357533 201239 SUPPLIES 20015318 4977 - 357790 201239 SUPPLIES 20015318 4977 - 357193 201239 SUPPLIES 20015318 4977 - 357196 201239 SUPPLIES 20015318 4977 - 357705 201239 SUPPLIES 20015318 4977 - 357872 201239 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 16JIPAGE 30 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 1,054.42 001. 122240 - 652991 -00000 0.00 232.00 0.00 232.00 778. 182701- 652990 -00000 0.00 94.74 0.00 94.74 001 - 122240 - 652993 -00000 0.00 78.60 0.00 78.60 001 - 122240. 652991 -00000 0.00 57.12 0.00 57.12 001 - 122240 - 652991 -00000 0.00 9.65 0.00 9.65 001 - 122240. 652991 -00000 0.00 196.07 0.00 196.07 001 - 122240. 652991 -00000 0.00 89.21 0.00 89.21 001 - 122240- 652991.00000 0.00 9.50 0.00 9.50 001 - 122240 - 652991 -00000 0.00 38.50 0.00 38.50 001 - 122240 - 652993 -00000 0.00 146.88 0.00 146.88 CHECK TOTAL 0.00 952.27 CHECK NO 571283 VENDOR 108520 - CAMP. DRESSER & MCKEE, INC. 20015807 80111980/5 470- 173410. 634999 -00000 105840 11/18/01- 1/19/02 CHECK NO 571176 VENDOR 2860 - CAPRI LAWN & GARDEN EQUIP 20015154 78876 521. 122410- 646425 -00000 200616 SUPPLIES 20015154 78806 521. 122410 - 646425 -00000 200616 SUPPLIES 0.00 3,220.00 CHECK TOTAL 0.00 3,220.00 0.00 3,220.00 0.00 83.30 0.00 83.30 0.00 1,071.46 0.00 1,071.46 FEBRUARY 27, , 16JI PAGE 31 REPORT 100 -601 BOARDOFCOMMISSIONERSA SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 1,154.76 CHECK NO 571828 VENDOR 352350 CARLOS GUZMAN 20016138 CLOSING 334 - 163650- 761100 -60134 0.00 24,580.60 0.00 24,580.60 204516 CLOSING CHECK TOTAL 0.00 24,580.60 CHECK NO 571175 VENDOR 2810 CARLTON, FIELDS, WARD, EMMANUAL, 20015157 251987 001- 010520 - 631100.00000 0.00 1,369.00 0.00 1.369.00 204280 PROF SVS THRU 11/15 20015157 244845 001 - 010510 - 634999 -00000 0.00 368.28 0.00 368.28 204280 PROF SVS THRU 8/31 CHECK TOTAL 0.00 1,737.28 CHECK NO 571738 VENDOR 342130 - CARMEN ZARAGOZA 20015195 03091 490 - 144610 - 652110 -00000 0.00 35.00 0.00 35.00 153866 ALTERATIONS /MATERNITY S.GREEN CHECK TOTAL 0.00 35.00 CHECK NO 571728 VENDOR 338350 CAROLINA SOFTWARE 20015197 19796 470. 173435 - 651110 -00000 0.00 80.17 0.00 80.17 152998 LASER INVOICES CHECK TOTAL 0.00 80.17 CHECK NO 571796 VENDOR 350280 CAROLYNE COLE 20015948 2/13 -21 TRVL C COLE 198- 157440.640200 -00000 0.00 140.94 0.00 140.94 2/13 -21 TRVL C COLE CHECK TOTAL 0.00 140.94 CHECK NO 571801 VENDOR 350720 CARSON- DELLOSA PUBLISHING CO, INC 20015326 418602 001 - 156130.652610 -00000 0.00 86.48 001 - 156110 - 641950 -00000 0.00 12.97 0.00 99.45 153374 SUPPLIES CHILDREN PROGRAM CHECK TOTAL 0.00 99.45 CHECK NO 571454 VENDOR 201920 - CARTER FENCE COMPANY INC. FEBRUARY 27, , 16JI PAGE 32 REPORT 100.601 BOARDOFCOMMISSIONERSA SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015325 99 001 - 156363 - 646317.00000 0.00 155.00 0.00 155.00 153689 REPIAR PLAYGROUND CHECK TOTAL 0.00 155.00 CHECK NO 571401 VENDOR 174780 CARUS CHEMICAL CO. 20015627 10021830 408 - 253211 - 652310 -00000 0.00 5,179.55 0.00 5,179.55 202566 SUPPLIES CHECK TOTAL 0.00 5,179.55 CHECK NO 571443 VENDOR 196910 CECIL'S COPY EXPRESS 20015201 12935 001 - 155410 - 647110 -00000 0.00 350.00 0.00 350.00 153966 LETTERHEAD INVOICE 20015153 12888 111 - 138317. 651210 -00000 0.00 499.50 0.00 499.50 200516 SUPPLIES 20015196 12933 198 - 157440. 647110 -00000 0.00 75.00 0.00 75.00 153429 COPIES 20015198 12942 111 - 156341. 651210 -00000 0.00 12.50 0.00 12.50 152522 POSTERS FOR PARTY IN THE PARK 20015164 12871 001 - 000000 - 142900 -00000 0.00 225.00 0.00 225.00 200054 COPIES 20015153 12900 111 - 138317. 651210 -00000 0.00 452.75 0.00 452.75 200516 SUPPLIES 20015628 12909 517 - 121640 - 647110 -00000 0.00 6,515.00 0.00 6,515.00 204074 COPIES 20015153 12848 111 - 138317 - 651210 -00000 0.00 233.00 0.00 233.00 200516 SUPPLIES CHECK TOTAL 0.00 8.362.75 CHECK NO 571754 VENDOR 345040 - CEDAR ENTERPRISE SOLUTION, INC. 20016150 34391 301 - 121125 - 649010 -01017 0.00 81,250.00 0.00 81,250.00 201739 1/1 -31/02 20016150 34391 RETAINAGE 301. 000000- 205100 -00000 0.00 8,125.00- 0.00 8,125.00- 201739 1/1 -31/02 RETAINAGE 20015810 34390 301 - 121125 - 649010.01017 0.00 0.00 301 - 121125 - 640310.01017 0.00 35,601.92 0.00 35,601.92 201739 1/1 -31/02 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 33 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 108,726.92 CHECK NO 571752 VENDOR 344770 CHARLES TOWNS 20015171 INSTRUCTOR 130 - 157710 - 634999.00000 0.00 161.50 0.00 161.50 201065 INSTRUCTOR CHECK TOTAL 0.00 161.50 CHECK NO 571434 VENDOR 193460 CHEMICAL LIME COMPANY 20015150 00135692 408.253211- 652310 -00000 0.00 2,988.58 0.00 2,988.58 202567 PEBBLE CHECK TOTAL 0.00 2,988.58 CHECK NO 571441 VENDOR 196680 CHIVERS AUDIO BOOKS 20015151 5056062 355.156190- 652670 -00000 0.00 1,353.62 0.00 1,353.62 201639 AUDIO CASS CHECK TOTAL 0.00 1,353.62 CHECK NO 571774 VENDOR 347760 CHOICEPOINT PUBLIC RECORDS, INC 20015170 AB0000416486 001. 443010- 654110.00000 0.00 153.00 0.00 153.00 203028 JAN BILLING AUTO TRAX CHECK TOTAL 0.00 153.00 CHECK NO 571839 VENDOR 900050 - CHRISTINE RECORD 301397 REFUND PARKS C.RECORD 670 - 000000. 220010 -00000 0.00 50.00 0.00 50.00 REFUND PARKS S. RECORD CHECK TOTAL 0.00 50.00 CHECK NO 571779 VENDOR 348340 CHRISTOPHER L. HOGENSON 20015203 1017 111 - 156390 - 634999 -00000 0.00 350.00 0.00 350.00 150134 DJ CHECK TOTAL 0.00 350.00 CHECK NO 571726 VENDOR 337870 CINEMA SCREEN MEDIA 20015155 0202155807 472 - 173422 - 648160 -00000 0.00 3,727.00 0.00 3,727.00 203869 ADVERTISING CHECK TOTAL 0.00 3,727.00 CHECK NO 571751 VENDOR 344750 - CLARA E BERON COLLIER COUNTY, FLORIDA 1 6 J I PAGE 34 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK NO 571177 VENDOR 3360 CITY OF EVERGLADES 198. 157430- 643100 -00000 0.00 40.28 0.00 40.28 20015321 176 1/25/02 176 1/25/02 CHECK TOTAL 0.00 40.28 CHECK NO 571178 VENDOR 3390 CITY OF NAPLES 20015163 34023 - 110456 11/7 -1/15 470. 173441- 643400.00000 0.00 19.00 0.00 19.00 34023 - 110456 11/7.1/15 20015194 12293 -39416 11/5 -1 /10 001 - 144510. 643400 -00000 0.00 160.65 0.00 160.65 12293 -39416 11/5 -1 /10 20015194 49875 - 128596 12/4 -1/15 111 - 163646. 643400 -00000 0.00 31.26 0.00 31.26 49875- 128596 12/4.1/15 20015633 47117 - 125256 11/2 -1/16 160 - 162518 - 643400 -00000 0.00 2.299.60 0.00 2.299.60 47117 - 125256 11/2 -1/16 20015194 12293 -39416 11 /5 -1 /10 490 - 144610. 643400 -00000 0.00 57.84 0.00 57.84 12293 -39416 11/5 -1 /10 20015194 12293 -39416 11/5 -1 /10 001- 061010 - 643400 -00000 0.00 102.80 0.00 102.80 12293.39416 11/5 -1 /10 20015950 38427 - 114272 11/5- 1/22/02 111 - 163646 - 643400 -00000 0.00 1,864.94 0.00 1,864.94 38427. 114272 11/5/01- 1/22/02 20015950 49877 - 128598 12/4. 1/15/02 111 - 163646 - 643400 -00000 0.00 31.26 0.00 31.26 49877 - 128598 12/4/01- 1/15/02 CHECK TOTAL 0.00 4,567.35 CHECK NO 571392 VENDOR 168900 - CITY OF NAPLES 20015622 LOCKBOX WE 2/15/02 408 - 000000- 208750 -00000 0.00 40,654.61 408 - 000000 - 208751.00000 0.00 10.243.37 408 - 000000. 208764 -00000 0.00 121.08 0.00 51,019.06 LOCKBOX WE 2/15/02 20015621 COLLECTIONS WE 2/15/02 408 - 000000. 208750 -00000 0.00 8.838.11 408 - 000000 - 208751 -00000 0.00 2,133.66 408. 000000- 208764.00000 0.00 520.36 0.00 11,492.13 COLLECTIONS WE 2/15/02 CHECK TOTAL 0.00 62.511.19 CHECK NO 571751 VENDOR 344750 - CLARA E BERON CHECK NO 571621 VENDOR 296230 . CLERK OF COURTS - HIGHLAND COUNTY 20016124 PP #11 001 - 000000 - 218810 -00000 PP #11 CHECK NO 571387 VENDOR 166520 - CLERK OF COURTS, DWIGHT E. BROCK 20015888 COLLIER COUNTY, FLORIDA 001 - 443010 - 651210 -00000 177.62 16J IPAGE 35 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS 177.62 001 - 443010. 651210 -00000 20015888 REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER 200986 2647471 COPIES 0.00 20015888 FOR CHECKS DATED FEBRUARY 26, 2002 0.00 200986 2641414 COPIES 0.00 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 0.00 2.00 0.00 001- 443010. 651210 -00000 20015888 111 - 156390 - 634999.00000 0.00 1,366.95 0.00 1,366.95 20015624 SPANISH INST 0.00 1.00 001 - 443010 - 651210.00000 20015888 202290 1/8 -2/26 1.00 0.00 200986 2640820 COPIES 0.00 4.00 0.00 001. 443010. 651210 -00000 CHECK TOTAL 0.00 1,366.95 CHECK NO 571802 VENDOR 350730 - CLASSROOM DIRECT 200986 2647728 COPIES 20015327 P10596890001 001. 156130 - 652610 -00000 0.00 0.00 63.85 12.51 0.00 76.36 001 - 156110 - 641950 -00000 200986 2640822 COPIES 20015888 153372 CHILDRENS PROGRAM SUPPLIES 001. 443010. 651210 -00000 200986 2645692 COPIES 20015888 2638184 001 - 443010 - 651210 -00000 CHECK TOTAL 0.00 76.36 CHECK NO 571621 VENDOR 296230 . CLERK OF COURTS - HIGHLAND COUNTY 20016124 PP #11 001 - 000000 - 218810 -00000 PP #11 CHECK NO 571387 VENDOR 166520 - CLERK OF COURTS, DWIGHT E. BROCK 20015888 2638558 001 - 443010 - 651210 -00000 177.62 200986 2638558 COPIES CHECK TOTAL 0.00 177.62 001 - 443010. 651210 -00000 20015888 2647471 1.00 0.00 200986 2647471 COPIES 0.00 20015888 2641414 001 - 443010 - 651210 -00000 0.00 200986 2641414 COPIES 0.00 20015888 2638561 001- 443010- 651210 -00000 0.00 200986 2638561 COPIES 0.00 2.00 0.00 001- 443010. 651210 -00000 20015888 2638190 0.00 2.00 200986 2638190 COPIES 2.00 0.00 1.00 001 - 443010 - 651210.00000 20015888 2640820 1.00 0.00 200986 2640820 COPIES 0.00 4.00 0.00 001. 443010. 651210 -00000 20015888 2647728 200986 2647728 COPIES 001. 443010- 651210 -00000 20015888 2640822 200986 2640822 COPIES 20015888 2645692 001. 443010. 651210 -00000 200986 2645692 COPIES 20015888 2638184 001 - 443010 - 651210 -00000 200986 2638184 COPIES 0.00 177.62 0.00 177.62 CHECK TOTAL 0.00 177.62 0.00 1.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 4.00 0.00 4.00 0.00 1.00 0.00 1.00 0.00 2.00 0.00 2.00 0.00 1.00 0.00 1.00 0.00 2.00 0.00 2.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 4.00 0.00 4.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015888 2641415 200986 2641415 COPIES 20015888 2638156 200986 2638156 COPIES 20015888 2641413 200986 2641413 COPIES 20015888 2638192 200986 2638192 COPIES 20015888 2641446 200986 2641446 COPIES 20015888 2641433 200986 2641433 COPIES 20015888 2641431 200986 2641431 COPIES 20015888 2638183 200986 2638183 COPIES 20015888 2641444 200986 2641444 COPIES 20015888 2638559 200986 2638559 COPIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26. 2002 ACCOUNT NO AMT DISC 001 - 443010 - 651210 -00000 0.00 001 - 443010. 651210.00000 0.00 001 - 443010. 651210 -00000 0.00 001 - 443010. 651210 -00000 0.00 001 - 443010 - 651210 -00000 0.00 001 - 443010. 651210 -00000 0.00 001 - 443010 - 651210 -00000 0.00 001. 443010 - 651210 -00000 0.00 001. 443010. 651210 -00000 0.00 001. 443010- 651210 -00000 0.00 16JIPAGE 36 AMT NET VCHR DISC 4.00 0.00 1.00 0.00 4.00 0.00 11.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 2.00 0.00 1.00 0.00 1.00 0.00 CHECK TOTAL 0.00 CHECK NO 571734 VENDOR 339200 - CLEVELAND CLINIC FLORIDA 20015328 1/9/02 T. BACHELOR 001 - 155930 - 634101 -00000 0.00 209.65 0.00 1/9/02 T. BACHELOR CHECK TOTAL 0.00 CHECK NO 571647 VENDOR 311040 - CLIPPER TAGS 20015167 8163 113 - 138931 - 651110.00000 0.00 520.00 0.00 153433 CLIPS CHECK TOTAL 0.00 CHECK NO 571333 VENDOR 136290 - CLIPPING BUREAU OF FLORIDA 20015184 98221 001 - 100130. 652990.00000 0.00 156.49 0.00 200196 NEWS CLIPPING FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC CHECK NO 571416 VENDOR 182370 - COASTAL APPRAISAL SERVICES CHECK NO 571179 VENDOR 3570 - COASTAL COURIER 20015172 227 12/01 001 - 041010 - 643400 -00000 227 12/01 20015174 5141 11/5 -11/26 001. 041010 - 643400.00000 5141 11/5 -11/26 CHECK NO 571800 VENDOR 350590 - COLLECTION SERVICES CENTER 20016131 PP #11 001 - 000000 - 218810 -00000 PP #11 CHECK NO 571459 VENDOR 205190 - COLLIER ANESTHESIA P.A. 20015623 M. MUCCINO 1/8 001 - 155930 - 631210 -00000 313 - 163673 - 631600 -63041 20015181 29414 1/8 201847 3.900.00 20015623 S.NEWLELL 1/21 001 - 155930 - 631210 -00000 803849 PROF SVS 1/15.1/16 3,900.00 20015623 J. FLIPPIN 1/17 001 - 155930 - 631210.00000 313 - 163673 - 631600 -63041 20015181 29413 0.00 20015623 T. HAYWARD 11/5 803849 PROF SVS 1/15 -1/16 11/5 201847 0.00 316.24 0.00 316.24 313 - 163673 - 631600 -62071 20015161 29416 0.00 663.00 0.00 663.00 0.00 107360 PROF SVS 12/18 -1/31 429.00 0.00 429.00 0.00 624.00 0.00 313 - 163673. 631600 -62071 20015161 29419 107360 PROF SVS 12/18 -1/31 313. 163673 - 631600 -62071 20015161 29418 107360 PROF SVS 12/18 -1/31 CHECK NO 571179 VENDOR 3570 - COASTAL COURIER 20015172 227 12/01 001 - 041010 - 643400 -00000 227 12/01 20015174 5141 11/5 -11/26 001. 041010 - 643400.00000 5141 11/5 -11/26 CHECK NO 571800 VENDOR 350590 - COLLECTION SERVICES CENTER 20016131 PP #11 001 - 000000 - 218810 -00000 PP #11 CHECK NO 571459 VENDOR 205190 - COLLIER ANESTHESIA P.A. 20015623 M. MUCCINO 1/8 001 - 155930 - 631210 -00000 300.00 M. MUCCINO 1/8 201847 3.900.00 20015623 S.NEWLELL 1/21 001 - 155930 - 631210 -00000 4,200.00 S. NEWLELL 1/21 201847 3,900.00 20015623 J. FLIPPIN 1/17 001 - 155930 - 631210.00000 12.600.00 201847 J. FLIPPIN 1/17 0.00 20015623 T. HAYWARD 11/5 001 - 155930 - 631210 -00000 T. HAYWARD 11/5 201847 0.00 16JI PAGE 37 AMT NET VCHR DISC CHECK TOTAL 0.00 0.00 300.00 0.00 Juu.uu 0.00 300.00 0.00 300.00 0.00 3.900.00 0.00 3.900.00 0.00 4,200.00 0.00 4,200.00 0.00 3,900.00 0.00 3.900.00 CHECK TOTAL 0.00 12.600.00 0.00 275.50 0.00 275.50 0.00 51.00 0.00 51.00 CHECK TOTAL 0.00 326.50 0.00 316.24 0.00 316.24 CHECK TOTAL 0.00 316.24 0.00 663.00 0.00 663.00 0.00 312.00 0.00 312.00 0.00 429.00 0.00 429.00 0.00 624.00 0.00 624.00 CHECK NO 571474 VENDOR 218570 - COLLIER COUNTY OVERALL EXTENSION 20015792 M CALLIS 9/26- 11/15/01 001. 122240 - 654360 -00000 0.00 40.00 0.00 40.00 153576 REGIST M CALLIS 9/26 -11/15 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 H DAVIDSON 9/26.11/15/01 153576 REGIST H DAVIDSON 9/26 -11/15 001-121143-654370-00000 0.00 40.00 0.00 40.00 20015727 R LINCOLN 9/26- 11/15/02 153934 REGIST R LINCOLN 9/26.11/15 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 D HOLMES 9/26 - 11/15/01 153576 REGIST D HOLMES 9/26- 11/15/01 408-233351-654360-00000 0.00 80.00 0.00 80.00 20015728 THACKER /LEONEY 9/26.11/15 153851 THACKER/ LEONEY 9/26- 11/15/01 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 K JOKLEA 9/26- 11/15/01 153576 REGIST K JOKEEA 9/26- 11/15/01 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 J VALINSKY 9/26- 11/15/01 153576 J VALINSKY 9/26- 11/15/01 CHECK TOTAL 0.00 320.00 CHECK NO 571154 VENDOR 8050 COLLIER COUNTY TAX COLLECTOR 20016162 20020066 TAGS 6 TITLE 408 - 253212 - 649010 -00000 0.00 52.85 0.00 52.85 AND CHECK TOTAL 0.00 52.85 CHECK NO 571155 VENDOR 8050 COLLIER COUNTY TAX COLLECTOR 20016163 20020067 TAGS & TITLE 408. 253212- 649010 -00000 0.00 52.85 0.00 52.85 AND PAGE 38 16JI COLLIER COUNTY, FLORIDA FEBRUARY 27. 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 001. 155930- 631210 -00000 0.00 880.10 0.00 880.10 20015623 L. BRADBURY 12/13.19 201847 L. BRADBURY 12/13 -19 001-155930-631210-00000 0.00 429.00 0.00 429.00 20015623 K. KEELING 1 /10 K. KEELING 1 /10 201847 CHECK TOTAL 0.00 3,337.10 CHECK NO 571180 VENDOR 3610 - COLLIER COUNTY FIRE MARSHAL'S ASSOC 146- 144380 - 654210.00000 0.00 10.00 0.00 10.00 20015187 ANN MEM C.C. FIRE MARSHAL 154076 ANNUAL MEMEBERSHIP FOR FIRE CHECK TOTAL 0.00 10.00 CHECK NO 571474 VENDOR 218570 - COLLIER COUNTY OVERALL EXTENSION 20015792 M CALLIS 9/26- 11/15/01 001. 122240 - 654360 -00000 0.00 40.00 0.00 40.00 153576 REGIST M CALLIS 9/26 -11/15 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 H DAVIDSON 9/26.11/15/01 153576 REGIST H DAVIDSON 9/26 -11/15 001-121143-654370-00000 0.00 40.00 0.00 40.00 20015727 R LINCOLN 9/26- 11/15/02 153934 REGIST R LINCOLN 9/26.11/15 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 D HOLMES 9/26 - 11/15/01 153576 REGIST D HOLMES 9/26- 11/15/01 408-233351-654360-00000 0.00 80.00 0.00 80.00 20015728 THACKER /LEONEY 9/26.11/15 153851 THACKER/ LEONEY 9/26- 11/15/01 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 K JOKLEA 9/26- 11/15/01 153576 REGIST K JOKEEA 9/26- 11/15/01 001-122240-654360-00000 0.00 40.00 0.00 40.00 20015792 J VALINSKY 9/26- 11/15/01 153576 J VALINSKY 9/26- 11/15/01 CHECK TOTAL 0.00 320.00 CHECK NO 571154 VENDOR 8050 COLLIER COUNTY TAX COLLECTOR 20016162 20020066 TAGS 6 TITLE 408 - 253212 - 649010 -00000 0.00 52.85 0.00 52.85 AND CHECK TOTAL 0.00 52.85 CHECK NO 571155 VENDOR 8050 COLLIER COUNTY TAX COLLECTOR 20016163 20020067 TAGS & TITLE 408. 253212- 649010 -00000 0.00 52.85 0.00 52.85 AND FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JI PAGE 39 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 52.85 CHECK NO 571153 VENDOR 8050 - COLLIER COUNTY TAX COLLECTOR 50.85 50.85 0.00 20016161 20020109 TAGS AND TITLE 521 - 122410 - 649010 -00000 0.00 AND CHECK TOTAL 0.00 50.85 CHECK NO 571152 VENDOR 8050 - COLLIER COUNTY TAX COLLECTOR 52.85 20016064 20020071 521 - 122410. 649010.00000 0.00 52.85 0.00 AND CHECK TOTAL 0.00 52.85 CHECK NO 571151 VENDOR 8050 - COLLIER COUNTY TAX COLLECTOR 52.85 20015704 #20020069 TAGS & TITLE 521 - 122410 - 649010.00000 0.00 52.85 0.00 AND CHECK TOTAL 0.00 52.85 CHECK NO 571643 VENDOR 308820 COLLIER 20015204 REG J. PERREIRA CLASS 154001 LEARN TO LEAD COUNTY UNIVERSITY EXTENSION 001 - 156110 - 654360.00000 0.00 40.00 CHECK TOTAL 0.00 0.00 40.00 40.00 CHECK NO 571185 VENDOR 3690 COLLIER 20016065 03900160900 114 -1131 03900160900 1/4 -1/31 20015152 07818978801 12/20 -1/25 07818978801 12/20 -1/25 20016065 03901643700 1/4 -1/31 03901643700 1/4.1/31 20015205 05100642800 1118.11/27 05100642800 11/8 -11/27 20015152 02700120400 12/28 -1/29 02700120400 12/28.1/29 20015205 03600297000 1/3 -1/31 03600297000 1/3 -1/31 COUNTY UTILITY BILLING 001 - 156363 - 643400.00000 111-163646-643400-00000 001-156363-643400-00000 408-233351-643400-00000 111-163646-643400-00000 001-156363-643400-00000 0.00 0.00 0.00 0.00 0.00 0.00 29.00 452.67 74.02 45.44 48.18 307.92 0.00 0.00 0.00 0.00 0.00 0.00 29,00 452.67 74.02 45.44 48.18 307.92 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015951 04502681700 1/10 -2/8 04502681700 1/10 -2/8 20015951 04500642900 1/10 -2/8 04500642900 1/10 -2/8 20015205 02714573200 12/28 -1/29 02714573200 12/28 -1/29 20015166 03600100500 1/3 -1/31 03600100500 1/3 -1/31 20015205 06302614700 12/19 -1/22 06302614700 12/19 -1/22 20016065 03904895300 1/4 -1/31 03904895300 1/4.1/31 20015951 04800002700 1/10 -2/8 04800002700 1/10-2/8 20016065 03901644200 1/4 -1/31 03901644200 1/4 -1/31 20015205 07511796700 12/21 -1/24 07511796700 12/21 -1/24 20015205 06307653500 12/19 -1/22 06307653500 12/19 -1/22 20015205 07806012500 12/20-1/25 07806012500 12/20.1/25 20015951 04803311500 1/10 -2/8 04803311500 1/10 -2/8 20016065 03902720800 1/4 -1/31 03902720800 1/4 -1/31 20015152 02700101300 12/28 -1/29 02700101300 12/28 -1/29 20015205 06302570700 12/18 -1/22 06302570700 12/18 -1/22 20015152 02729541300 12/28 -1/24 02729541300 12/28 -1/24 20015205 07202279600 12/21 -1/24 07202279600 12/21 -1/24 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 111 - 156332 - 643400 -00000 0.00 111 156332- 643400 -00000 0.00 001 156363- 643400 -00000 0.00 001 - 156170 - 643400.00000 0.00 111 - 156332 - 643400 -00000 0.00 001. 156363 - 643400.00000 0.00 111 - 156332.643400 -00000 0.00 001 - 156363. 643400 -00000 0.00 111 - 156332.643400 -00000 0.00 001. 156363 - 643400.00000 0.00 408 - 233351 - 643400.00000 0.00 111.156332- 643400 -00000 0.00 001 - 156363.643400 -00000 0.00 111 - 163646 - 643400 -00000 0.00 111 - 156332.643400 -00000 0.00 111 - 163646 - 643400 -00000 0.00 408 - 233352 - 643400 -00000 0.00 16JIPAGE 40 AMT NET VCHR DISC 152.94 0.00 338.75 0.00 130.92 0.00 186.30 0.00 66.32 0.00 160.19 0.00 19.20 0.00 28.20 0.00 412.12 0.00 160.61 0.00 28.06 0.00 65.60 0.00 223.92 0.00 47.01 0.00 625.79 0.00 665.82 0.00 924.45 0.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20016065 03600100600 1/4 -1/31 03600100600 1/4 -1/31 20015205 03600100801 1/3 -1 /31 03600100801 1/3-1/31 20016065 06102282300 1/4 -1/31 06102282300 1/4 -1/31 20015205 07809800300 12/21.1/25 07809800300 12/21 -1/25 20015166 03619005700 1/3 -1/31 03619005700 1/3 -1/31 20015205 02700300502 12/28.1/28 02700300502 12/28 -1/28 20015951 04833302500 1/10 -2/8 04833302500 1/10.2/8 20015205 06302463900 12/19.1/22 06302463900 12/19 -1/22 20015205 07801844100 12/26 -1/25 07801844100 12/26.1/25 20015205 07202279700 12/21 -1/24 07202279700 12/21.1/24 20016065 03901641200 1/4 -1/31 03901641200 1/4 -1/31 20015205 06304397400 12/19.1/22 06304397400 12/19 -1/22 20015951 04810397300 1/10 -2/8 04810397300 1/10 -2/8 20015205 06302558100 12/19.1/22 06302558100 12/19 -1/22 20015152 07201452300 12/21 -1/24 07201452300 12/21 -1/24 20015205 03600100901 1/3 -1/31 03600100901 1/3 -1/31 20015152 07202178400 12/21 -1/24 07202178400 12/21 -1/24 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 490 - 144610. 643400 -00000 0.00 001. 061010. 643400 -00000 0.00 111 - 156332 - 643400 -00000 0.00 001 - 061010 - 643400 -00000 0.00 408 - 233351. 643400 -00000 0.00 408. 233351- 643400 -00000 0.00 111. 156332- 643400-00000 0.00 111 - 156332. 643400 -00000 0.00 111 - 156332. 643400 -00000 0.00 408- 253211- 643400 -00000 0.00 408 - 233352 - 643400 -00000 0.00 001 - 156363 - 643400 -00000 0.00 001 - 156363 - 643400 -00000 0.00 111- 156332 - 643400 -00000 0.00 111 - 156332 - 643400 -00000 0.00 111. 163646. 643400 -00000 0.00 111 - 156332 - 643400 -00000 0.00 111. 163646 - 643400 -00000 0.00 16JIPAGE 41 AMT NET VCHR DISC 144.54 128.16 0.00 12.00 0.00 110.24 0.00 24.00 0.00 82.57 0.00 293.60 0.00 207.00 0.00 109.57 0.00 42.60 0.00 86.28 0.00 62.27 0.00 431.48 0.00 444.14 0.00 193.88 0.00 972.01 0.00 616.18 0.00 405.64 0.00 FEBRUARY 27, 20 REPORT 100-601 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER 16JI PAGE 42 FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER 20015205 DESCRIPTION 07501887900 12/26.1/24 ACCOUNT NO AMT 001.156180- 643400 -00000 DISC 0.00 AMT NET 417.17 VCHR DISC 0.00 VCHR NET 417.17 07501887900 12/26 -1/24 20015152 07818978101 12/20 -1/25 111 - 163646.643400.00000 0.00 399.89 0.00 399.89 07818978101 12/28 -1/25 20015205 02700300402 12/28 -1/28 111 - 156332.643400 -00000 0.00 48.83 0.00 48.83 02700300402 12/28 -1/28 20016065 03900149600 1/4 -1/31 001.156363- 643400 -00000 0.00 24.00 0.00 24.00 03900149600 1/4 -1/31 20015205 03600296900 1/3.1/31 001. 156363 - 643400 -00000 0.00 25.44 0.00 25.44 03600296900 1/3 -1/31 20016065 03901644700 1/4 -1/31 001 - 156363 - 643400 -00000 0.00 66.54 0.00 66.54 03901644700 1/4 -1/31 20015205 07200800701 12/21 -1/24 111 - 156332 - 643400.00000 0.00 12.00 0.00 12.00 07200800701 12/21 -1/24 20015152 07215951100 12/19 -1/24 111.163646- 643400 -00000 0.00 878.63 0.00 878.63 07215951100 12/19 -1/24 20016065 03901641100 1/4 -1/31 001 - 156363 - 643400 -00000 0.00 175.95 0.00 175.95 03901641100 1/4 -1/31 20015205 07230566800 12/20 -1/24 111 - 156332 - 643400.00000 0.00 12.00 0.00 12.00 07230566800 12/20 -1/24 20015951 04810397400 1/10.2/8 111 - 156332.643400 -00000 0.00 2.88 0.00 2.88 04810397400 1/10 -2/8 20015205 07502258100 12/21 -1/24 408- 233351 - 643400 -00000 0.00 40.80 0.00 40.80 0750228100 12/21 -1/24 CHECK TOTAL 0.00 11.663.72 CHECK NO 571611 VENDOR 292660 - COLLIER 20015188 6287 152742 SUPPLY AND INSTALLATION CUSTOM GLASS 001.122240.646110 -00000 0.00 256.00 0.00 256.00 CHECK TOTAL 0.00 256.00 CHECK NO 20015332 571364 VENDOR 160760 - COLLIER M. CALANA 12/26 EMERGENCY PHYSICIANS 001 - 155930 - 631210 -00000 0.00 102.05 0.00 102.05 201848 M. CALANA 12/26 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 43 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK TOTAL 0.00 102.05 CHECK NO 571339 VENDOR 140770 - COLLIER IRRIGATION SERVICE INC. 001 - 126334. 646314 -00000 0.00 2,440.00 0.00 2,440.00 20015150 4184 204255 SVS 001 - 126334. 646314 -00000 0.00 2,440.00 0.00 2,440.00 20015150 4080 204255 SVS CHECK TOTAL 0.00 4,880.00 CHECK NO 571609 VENDOR 291770 COLLIER NEUROLOGIC SPECIALISTS 20015331 P. STEWART 1/14 001 - 155930 - 631210 -00000 0.00 146.25 0.00 146.25 P. STEWART 1/14 CHECK TOTAL 0.00 146.25 CHECK NO 571668 VENDOR 318070 COLLIER OTOLARYNGOLOGY 20015329 1 /10 L. DEGENNARC 001 - 155930 - 631210 -00000 0.00 39.00 0.00 39.00 1 /10 L. DEGENNARC 20015329 1/14 M. ILISMO 001 - 155930. 631210 -00000 0.00 71.50 0.00 71.50 1/14 M. ILISMO CHECK TOTAL 0.00 110.50 CHECK NO 571484 VENDOR 227020 COLLIER TIRE & AUTO REPAIR 521 - 122410 - 646425-00000 0.00 148.84 0.00 148.84 20015182 075069 200623 SUPPLIES 521 - 122410 - 646425 -00000 0.00 275.60 0.00 275.60 20015182 074873 200623 SUPPLIES 521 - 122410 - 646425 -00000 0.00 54.18 0.00 54.18 20015182 074819 200623 SUPPLIES 521. 122410- 646425 -00000 0.00 431.04 0.00 431.04 20015182 074959 200623 SUPPLIES CHECK TOTAL 0.00 909.66 CHECK NO 571497 VENDOR 235530 - COLOR TEC COPY CENTER 113 - 138312. 647110 -00000 0.00 1.427.32 0.00 1.427.32 20015158 5358 200440 SUPPLIES FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015176 5357 152964 COPIES 20015177 5314 201458 COPIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 210155 - 647110 -00000 0.00 111 - 156395. 651210-00000 0.00 CHECK NO 571707 VENDOR 330810 - COLOR TEC COPY CENTER 20015175 5315 408 - 253212 - 651210 -00000 200202 COPIES CHECK NO 571297 VENDOR 115280 - COMMERCIAL LAND MAINTENANCE 20015160 995120 111. 163646- 634999 -00000 54.00 203677 MOWING & EDGING CHECK TOTAL 20015629 995113 111 - 163646- 634999 -00000 2,081.00 201064 MOWING & EDGING 2,081.00 20015178 995129 001 - 126334 - 646314.00000 7,065.51 204221 LABOR 751.52 20015160 995117 111 - 163646 - 634999 -00000 2,081.00 203677 MOWING & EDGING 2,081.00 20015629 995116 111. 163646- 634999 -00000 6,252.66 201064 MOWING & EDGING 619.76 20015179 995139 001. 126334- 646314 -00000 20,200.00 204220 LABOR 20,200.00 20015631 995122 111 - 163646 - 634999 -00000 200.00 203676 MOWING & EDGING 12,389.16 20015180 995119 136- 162590. 634999.00000 200.00 203680 MOWING & EDGING 200.00 20015630 995095 001 - 126334 - 646314 -00000 9,007.77 203164 MONTHLY MAINTENANCEE 20015180 995121 136 - 162590. 634999 -00000 203680 MOWING & EDGING 20015629 995103 111 - 163646 - 634999 -00000 201064 MOWING & EDGING 16JI PAGE 44 AMT NET VCHR DISC VCHR NET 143.52 0.00 143.52 83.43 0.00 83.43 CHECK TOTAL 0.00 1,654.27 0.00 54.00 0.00 54.00 CHECK TOTAL 0.00 54.00 0.00 2,081.00 0.00 2,081.00 0.00 7,065.51 0.00 7,065.51 0.00 751.52 0.00 751.52 0.00 2,081.00 0.00 2,081.00 0.00 6,252.66 0.00 6,252.66 0.00 619.76 0.00 619.76 0.00 20,200.00 0.00 20,200.00 0.00 200.00 0.00 200.00 0.00 12,389.16 0.00 12.389.16 0.00 200.00 0.00 200.00 0.00 9,007.77 0.00 9,007.77 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015631 995123 203676 MOWING & EDGING 20015173 995130 204219 GROUND MAINT COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 111 - 163646- 634999 -00000 0.00 001 - 126334. 646314.00000 0.00 CHECK NO 571548 VENDOR 263070 - COMMUNICATIONS INTERNATIONAL 20015159 427090 153463 SUPPLIES 001 - 122240 - 652992 -00000 0.00 867.54 203690 SUPPLIES 0.00 20015199 427088 0.00 001 - 122240 - 646610 -00000 0.00 0.00 152746 PARTS 001 - 121154 - 651910 -00000 20015159 427089 0.00 001 - 122240. 652992 -00000 0.00 450.00 203690 SUPPLIES CHECK TOTAL CHECK NO 571159 VENDOR 270450 - COMMUNITY HOUSING PARTNERSHIPS, INC 20015330 P. CIVIS SHELTER FEB 2002 001. 155930- 634153 -00000 0.00 AND CHECK NO 571466 VENDOR 211440 - COMPAQ COMPUTER CORP. 20015147 260118102 408 - 210151 - 646910 -00000 0.00 201098 MAINT COVERAGE CHECK NO 571472 VENDOR 214920 - COMPUTER DISCOUNT WAREHOUSE 20015202 FG19945 001 - 121143. 651950 -00000 0.00 16,750.00 001. 121143- 641950 -00000 0.00 153463 SUPPLIES 0.00 867.54 20015323 FG90723 001 - 121148 - 651950 -00000 0.00 2,380.67 001. 121148 - 641950 -00000 0.00 153712 SUPPLIES 0.00 71.40 20015324 FG30566 001 - 121154 - 651910 -00000 0.00 153462 SUPPLIES 0.00 2,779.09 16JI PAGE 45 AMT NET VCHR DISC VCHR NET 16,750.00 0.00 16,750.00 867.54 0.00 867.54 CHECK TOTAL 0.00 78,465.92 2,380.67 0.00 2,380.67 71.40 0.00 71.40 327.02 0.00 327.02 CHECK TOTAL 0.00 2,779.09 450.00 0.00 450.00 CHECK TOTAL 0.00 450.00 1,356.50 0.00 1,356.50 CHECK TOTAL 0.00 1,356.50 178.00 10.99 0.00 188.99 30.00 5.49 0.00 35.49 96.49 0.00 96.49 CHECK TOTAL 0.00 320.97 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 46 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK NO 571588 VENDOR 281620 CONSOLIDATED POWER SERVICES. INC. 20015625 210837 408 - 253212 - 634999 -00000 0.00 10.294.50 0.00 10,294.50 200204 SVS CHECK TOTAL 0.00 10.294.50 CHECK NO 571635 VENDOR 304900 CONTEMPORARY CONTROLS & 136 - 162590 - 763100.66070 0.00 3,620.57 0.00 3,620.57 20015146 3483 203929 IRR CONTROLS CHECK TOTAL 0.00 3,620.57 CHECK NO 571186 VENDOR 3800 COPY CONCEPTS 20015183 114988 001.454010.646610 -00000 0.00 323.00 0.00 323.00 202075 COPIES CHECK TOTAL 0.00 323.00 CHECK NO 571550 VENDOR 264090 CORMAC J. GIBLIN 20015731 2/21 MBA LUNCH C GIBLIN 191 - 138785 - 654360 -33752 0.00 15.00 0.00 15.00 2/21 MBA LUNCH C GIBLIN CHECK TOTAL 0.00 15.00 CHECK NO 571368 VENDOR 161040 - CORNELL BALANCING COMPANY 20015200 4789 001.122240- 652997 -00000 0.00 312.00 0.00 312.00 152759 SUPPLIES 20015200 4790 001 - 122240- 652997.00000 0.00 390.00 0.00 390.00 152759 SUPPLIES CHECK TOTAL 0.00 702.00 CHECK NO 571488 VENDOR 230460 CORPORATE EXPRESS 20015649 29509430 001 - 155410 - 651110.00000 0.00 519.63 0.00 519.63 203275 SUPPLIES CHECK TOTAL 0.00 519.63 CHECK NO 571573 VENDOR 276650 CORPORATE EXPRESS 20015653 29673196 001.144110- 651110.00000 0.00 27.99 0.00 27.99 203336 SUPPLIES COLLIER COUNTY, FLORIDA PAGE 47 16JI FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 113. 138931- 651110 -00000 0.00 4.14- 0.00 4.14- 20015651 29086000 203318 SUPPLIES 408- 233312 - 651110 -00000 0.00 64.99 0.00 64.99 20015646 29395485 203291 SUPPLIES 113 - 138312- 651110.00000 0.00 10.05 0.00 10.05 20015656 28649823 203449 SUPPLIES 113. 138900- 651110.00000 0.00 96.56 0.00 96.56 20015660 29509453 203527 SUPPLIES 001 - 121148 - 651110 -00000 0.00 96.77 0.00 96.77 20015642 29404450 203317 SUPPLIES 113 - 138900. 651110 -00000 0.00 125.97 0.00 125.97 20015660 29092870 203527 SUPPLIES 113 - 138312- 651110 -00000 0.00 259.19 0.00 259.19 20015656 29092891 203449 SUPPLIES 113. 138900- 651110.00000 0.00 181.53 0.00 181.53 20015660 29232815 203527 SUPPLIES 111. 138911- 651110.00000 0.00 61.68 0.00 61.68 20015658 28844098 203463 SUPPLIES 001 - 010110 - 651110 -00000 0.00 78.84 0.00 78.84 20015661 29673185 203593 SUPPLIES 111 - 138911. 651110.00000 0.00 7.79- 0.00 7.79- 20015657 29465740 203463 SUPPLIES 111. 138911 - 651110.00000 0.00 281.53 0.00 281.53 20015658 28390373 203463 SUPPLIES 20015667 29509456 518 - 121630 - 651110 -00000 0.00 22.35 0.00 22.35 204312 SUPPLIES 113 - 138931 - 651110 -00000 0.00 9.06 0.00 9.06 20015651 29092944 203318 SUPPLIES 517. 121640- 651110 -00000 0.00 1.77- 0.00 1.77- 20015647 29507741 203290 SUPPLIES 20015653 29942023 001 - 144110 - 651110 -00000 0.00 7.72 0.00 7.72 203336 SUPPLIES 20015656 29437664 113. 138312. 651110 -00000 0.00 54.20 0.00 54.20 203449 SUPPLIES FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015657 29390521 203463 SUPPLIES 20015667 29509431 204312 SUPPLIES 20015656 29403852 203449 SUPPLIES 20015660 28487217 203527 SUPPLIES 20015663 29396200 203645 SUPPLIES 20015658 28871190 203463 SUPPLIES 20015651 29316598 203318 SUPPLIES 20015654 29316570 203347 SUPPLIES 20015660 29509448 203527 SUPPLIES 20015652 29509458 203334 SUPPLIES 20015650 29509413 203281 SUPPLIES 20015645 29509441 203298 SUPPLIES 20015655 29437736 203426 SUPPLIES 20015666 28695875 204153 SUPPLIES 203314 29437699 203314 SUPPLIES 20015648 29232785 203285 SUPPLIES 20015656 29186981 203449 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 111 - 138911. 651110 -00000 0.00 518. 121630- 651110.00000 0.00 113. 138312- 651110 -00000 0.00 113 - 138900 - 651110 -00000 0.00 001 - 144210 - 651110 -00000 0.00 111 - 138911 - 651110.00000 0.00 113 - 138931 - 651110 -00000 0.00 113 - 138930 - 651110 -00000 0.00 113 - 138900 - 651110.00000 0.00 001 - 121710 - 651110.00000 0.00 408 - 253221 - 651110.00000 0.00 101. 163612- 651110 -00000 0.00 001 - 122310. 651110 -00000 0.00 490 - 144618. 651110.00000 0.00 001 - 121810 - 651110 -00000 0.00 113 - 138910 - 651110 -00000 0.00 113 - 138312. 651110.00000 0.00 16JI PAGE 48 AMT NET VCHR DISC 269.88- 0.00 113.09 0.00 27.10 0.00 115.60 0.00 18.10- 0.00 25.76 0.00 66.61 0.00 140.48 0.00 34.50 0.00 16.56 0.00 15.68 0.00 19.34 0.00 37.74 0.00 79.17 0.00 6.56 0.00 42.69 0.00 78.84 0.00 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 49 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 113. 138312- 651110 -00000 0.00 91.99 0.00 91.99 20015656 29186980 203449 SUPPLIES 113. 138900- 651110.00000 0.00 23.62 0.00 23.62 20015660 29437703 203527 SUPPLIES 001 - 144210 - 651110 -00000 0.00 17.59 0.00 17.59 20015662 29602362 203645 SUPPLIES 111 - 138911 - 651110.00000 0.00 15.96- 0.00 15.96- 20015657 29465694 203463 SUPPLIES 113 - 138930 - 651110.00000 0.00 113.23 0.00 113.23 20015654 29092876 203347 SUPPLIES 113 - 138913 - 651110 -00000 0.00 74.82- 0.00 74.82- 20016140 28644749 203287 CREDIT 473 - 173413 - 651110 -00000 0.00 1.61 0.00 1.61 20015644 29470877 203296 SUPPLIES 113. 138910. 651110 -00000 0.00 4.72- 0.00 4.72- 20015648 28825113 203285 SUPPLIES 001 - 121710 - 651110 -00000 0.00 0.69 0.00 0.69 20015652 29509434 203334 SUPPLIES 113 - 138931 - 651110.00000 0.00 4.20 0.00 4.20 20015651 29232729 203318 SUPPLIES 113. 138910 - 651110 -00000 0.00 27.99- 0.00 27.99- 20015648 28688342 203285 SUPPLIES 473 - 173413 - 651110 -00000 0.00 4.66 0.00 4.66 20015644 29316548 203296 SUPPLIES 001 - 100110 - 651110 -00000 0.00 104.40 0.00 104.40 20015664 29509457 203778 SUPPLIES 001. 121148- 651110 -00000 0.00 37.98 0.00 37.98 20015642 29404451 203317 SUPPLIES 113 - 138900 - 651110 -00000 0.00 87.00 0.00 87.00 20015660 29470969 203527 SUPPLIES 113. 138930- 651110.00000 0.00 99.84 0.00 99.84 20015654 29509432 203347 SUPPLIES CHECK TOTAL 0.00 2,359.79 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 50 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK NO 571739 VENDOR 342490 . CORPORATE EXPRESS 20015659 29563315 198 - 157410 - 651110.00000 0.00 6.82 0.00 6.82 203526 SUPPLIES CHECK TOTAL 0.00 6.82 CHECK NO 571773 VENDOR 347750 - CORPORATE EXPRESS 20015668 28388044 001- 443010 - 652990.00000 0.00 105.72- 0.00 105.72- 203025 SUPPLIES 20015668 36018598001 001 - 443010. 652990 -00000 0.00 81.03 0.00 81.03 203025 SUPPLIES 20015665 29187178 001 - 172910. 651110 -00000 0.00 53.96 0.00 53.96 203782 SUPPLIES 20015668 35762362001 001 - 443010 - 652990 -00000 0.00 177.36 0.00 177.36 203025 SUPPLIES 20015665 29509459 001 - 172910 - 651110 -00000 0.00 43.20 0.00 43.20 203782 SUPPLIES 20015665 29509460 001 - 172910. 651110 -00000 0.00 29.20 0.00 29.20 203782 SUPPLIES CHECK TOTAL 0.00 279.03 CHECK NO 571778 VENDOR 348090 - COUNTY WASTE, INC. 20015632 241 109. 182901 - 643300 -00000 0.00 5,951.70 0.00 5,951.70 204001 HAUL DEBRIS CHECK TOTAL 0.00 5,951.70 CHECK NO 571527 VENDOR 254990 - CPCU SOCIETY 20015168 MEM DUES J. WALKER 518 - 121630 - 654210 -00000 0.00 140.00 0.00 140.00 153999 MEM DUES JEFF WALKER CHECK TOTAL 0.00 140.00 CHECK NO 571642 VENDOR 308630 - CREEL TRACTOR, CO. 20015320 180892 521. 122410 - 646425 -00000 0.00 9.39 0.00 9.39 200854 SUPPLIES 20015320 180628 521 - 122410 - 646425 -00000 0.00 32.38- 0.00 32.38- 200854 SUPPLIES FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015320 180838 200854 SUPPLIES 20015163 180793 200854 SUPPLIES 20015320 180409 200854 SUPPLIES 20015163 180734 200854 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425.00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 CHECK NO 571480 VENDOR 222430 - CROSSROADS VETERINARY CLINIC 20015185 M.BYRD 01 -3277 610. 155410- 631970 -00000 200971 M. BYRD 01.3277 20015185 N. LEECH 01 -8352 610 - 155410 - 631970 -00000 200971 N. LEECH 01 -8352 20015185 A.SOLEM 01.8680 610 - 155410 - 631970 -00000 200971 A. SOLEM 01 -8680 CHECK NO 571334 VENDOR 137570 - CROWTHER ROOFING AND SHEET METAL 20015626 1335 301 - 120435 - 763100 -80161 200874 ROOFWORK CHECK NO 571189 VENDOR 4400 - CULLIGAN WATER CONDITIONING 20014411 920488 1/24 001 - 155410 - 652990.00000 0.00 200441 BOTTLED WATER 1/24 0.00 20014426 247411 1/24 408. 253211- 652990 -00000 1.232.84 200381 BOTTLED WATER 1/24 CHECK TOTAL 20014421 743748 10/23 101- 163609 - 652990 -00000 10 /23BOTTLED WATER 200067 0.00 20014406 206615 1/24 001- 144210. 634999 -00000 30.29 201029 BOTTLED WATER 1/24 0.00 20015193 207258 1/24 408. 233312- 652990 -00000 2.97 202199 BOTTLED WATER 1/24 0.00 16JIPAGE 51 AMT NET VCHR DISC VCHR NET 83.36 0.00 83.36 120.66 0.00 120.66 32.38 0.00 32.38 1.232.84 0.00 1.232.84 CHECK TOTAL 0.00 1.446.25 0.00 15.00 0.00 15.00 0.00 45.00 0.00 45.00 0.00 15.00 0.00 15.00 CHECK TOTAL 0.00 75.00 0.00 27,985.00 0.00 27.985.00 CHECK TOTAL 0.00 27.985.00 0.00 30.29 0.00 30.29 0.00 38.61 0.00 38.61 0.00 2.97 0.00 2.97 0.00 8.91 0.00 8.91 0.00 11.88 0.00 11.88 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20014408 257048 1/24 201246 BOTTLED WATER 1/24 20014420 875997 1/24 201163 BOTTLED WATER 1/24 20015319 305144 1/24 202250 BOTTLED WATER 1/24 20014412 767319 1/24 201606 BOTTLED WATER 1/24 20014407 796532 12/24 12/24 BOTTLED WATER 200124 20015189 852996 1/24 201469 BOTTLED WATER 1/24 20014421 726345 9/25 9/25 BOTTLED WATER 200067 20014415 773762 1/24 201243 BOTTLED WATER 1/24 20014407 738344 1/24 1/24 BOTTLED WATER 200124 20014427 811612 1/24 200714 BOTTLED WATER 1/24 20014421 735172 10/9 10/9 BOTTLED WATER 200067 20014425 206755 1/24 201100 BOTTLED WATER 1/24 20014421 726562 9/25 9/25 BOTTLED WATER 200067 20014405 780106 1/24 201778 BOTTLED WATER 1/24 20014369 206599 1/24 200864 BOTTLED WATER 1/24 152988 823922 152988 WATER 20014424 206763 1/24 200181 BOTTLED WATER 1/24 COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001 - 100110 - 634999 -00000 0.00 001 - 172910 - 652990.00000 0.00 408 - 233351 - 652990 -00000 0.00 001. 157110. 652990.00000 0.00 490- 144610- 634999 -00000 0.00 111 - 156349 - 634999 -00000 0.00 313 - 163611 - 652990 -00000 0.00 001 - 122240 - 652510 -00000 0.00 490 - 144610 - 634999 -00000 0.00 408 - 233352 - 652990.00000 0.00 313. 163611 - 652990.00000 0.00 408. 210151 - 652990 -00000 0.00 101 - 163609 - 652990 -00000 0.00 669 - 100220. 634999 -00000 0.00 101 - 163620 - 634999 -00000 0.00 001 - 121140. 634999 -00000 0.00 408 - 210105- 652990.00000 0.00 16JI PAGE 52 AMT NET VCHR DISC 5.94 0.00 20.79 0.00 2.97 0.00 11.88 0.00 32.67 0.00 50.49 0.00 11.88 0.00 17.88 0.00 17.94 0.00 17.82 0.00 5.94 0.00 17.82 0.00 5.94 0.00 8.91 0.00 145.47 0.00 17.82 0.00 32.51 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20014421 788166 12/24 12 /24BOTTLED WATER 200067 20014410 828111 1/24 200469 BOTTLED WATER 1/24 20015192 803759 1/24 200088 BOTTLED WATER 1/24 20014417 751461 1/24 200457 BOTTLED WATER 1/24 20014407 910547 1/24 1/24 BOTTLED WATER 200124 20015190 206714 1/24 200749 BOTTLED WATER 1/24 20014421 743420 10/23 10 /23BOTTLED WATER 200067 20014419 915207 1/24 203183 BOTTLED WATER 1/24 20014418 206532 1/24 201313 BOTTLED WATER 20014423 907782 1/24 200857 BOTTLED WATER 1/24 20014418 815480 1/24 201313 BOTTLED WATER 20014407 868133 1/24 1/24 BOTTLED WATER 200124 20015191 814541 11/24 201808 BOTTLED WATER 11/24 20014422 876367 1/24 200023 BOTTLED WATER 1/24 COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 101 - 163609. 652990 -00000 0.00 001. 172930- 652990 -00000 0.00 113 - 138900 - 634999.00000 0.00 001. 156110- 634999.00000 0.00 490 - 144610. 634999.00000 0.00 408 - 233350 - 652990.00000 0.00 313 - 163611 - 652990 -00000 0.00 130- 157710 - 634999 -00000 0.00 681- 421510 - 649990 -00000 0.00 101. 163612- 652990 -00000 0.00 681 - 421510. 649990 -00000 0.00 490 - 144610. 634999 -00000 0.00 001 - 122310. 652990 -00000 0.00 101 - 163630 - 634999 -00000 0.00 16JIPAGE 53 AMT NET VCHR DISC 14.85 0.00 8.91 0.00 107.92 0.00 29.70 0.00 27.95 0.00 181.11 0.00 5.94 0.00 2.97 0.00 68.31 0.00 14.85 0.00 35.64 0.00 10.50 0.00 31.92 0.00 31.26 0.00 CHECK TOTAL 0.00 CHECK NO 571274 VENDOR 102870 - CUMMINS SOUTHEASTERN POWER, INC. 20015162 080 -39503 521. 122410- 646415 -00000 0.00 1,655.56 0.00 203770 REPAIRS CHECK TOTAL 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571821 VENDOR 351920 - CUSTOM PUMP & CONTROLS, INC 20015322 4746 408 - 233351. 652910 -00000 0.00 152849 PARTS CHECK NO 571554 VENDOR 265700 - DADE PAPER COMPANY CHECK NO 571831 VENDOR 900030 - DALE HUGULEY 301413 2/5.6 TRVL G HUGULEY 2/5 -6 TRVL D HUGULEY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16JIPAGE 54 AMT NET VCHR DISC 474.00 CHECK TOTAL 89.04 298.40 206.94 528.56 91.26 52.50 66.50 23.04 CHECK TOTAL 118. 144210- 640300 -33781 0.00 126.00 CHECK TOTAL CHECK NO 571840 VENDOR 900050 - DANIELLE FARLEY 301411 REFUND PARKS - FARLEY 111 - 000000. 208901 -00000 FARLEY REFUND PARKS 301410 REFUND PARKS - FARLEY 111 - 156390. 347290 -00000 FARLEY REFUND PARKS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 474.00 474.00 89.04 298.40 206.94 528.56 91.26 52.50 66.50 23.04 1,356.24 126.00 126.00 0.00 2.40 408 - 233351 - 652510.00000 20015499 522210 40.00 0.00 200762 CLEANING SUPPLIES 001. 155410- 652510.00000 20016074 503318 201661 CLEANING SUPPLIES 001. 155410. 652510.00000 20016074 503334 201661 CLEANING SUPPLIES 111. 156332. 652510 -00000 20015500 519721 201006 CLEANING SUPPLIES 408. 253221. 652510 -00000 20015498 522212 200419 PAPER PRODUCTS 001 - 155410 - 652510.00000 20016074 504798 201661 CLEANING SUPPLIES 408 - 253212 - 652510 -00000 20015497 523886 200208 BLEACH /TOWELS 490 - 144610. 652510.00000 20016067 504257 154239 ANGLE BROOM CHECK NO 571831 VENDOR 900030 - DALE HUGULEY 301413 2/5.6 TRVL G HUGULEY 2/5 -6 TRVL D HUGULEY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16JIPAGE 54 AMT NET VCHR DISC 474.00 CHECK TOTAL 89.04 298.40 206.94 528.56 91.26 52.50 66.50 23.04 CHECK TOTAL 118. 144210- 640300 -33781 0.00 126.00 CHECK TOTAL CHECK NO 571840 VENDOR 900050 - DANIELLE FARLEY 301411 REFUND PARKS - FARLEY 111 - 000000. 208901 -00000 FARLEY REFUND PARKS 301410 REFUND PARKS - FARLEY 111 - 156390. 347290 -00000 FARLEY REFUND PARKS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 474.00 474.00 89.04 298.40 206.94 528.56 91.26 52.50 66.50 23.04 1,356.24 126.00 126.00 0.00 2.40 0.00 2.40 0.00 40.00 0.00 40.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JIPAGE 55 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 42.40 CHECK NO 571403 VENDOR 174930 - DAVID B FOX 20015493 KARATE 1/15 - 2/21/02 111 - 156390 - 634999 -00000 0.00 1,131.00 0.00 1,131.00 201039 KARATE 1/15 - 2/21/02 CHECK TOTAL 0.00 1,131.00 CHECK NO 571315 VENDOR 126650 - DAVID PLUMMER & ASSOCIATES, INC. 20015808 00510.00. 0000010 126 - 138331- 634999 -33201 0.00 0.00 0.00 2,310.28 0.00 2,310.28 11,853.00 126- 138332 - 634999 -33202 11,853.00 20015640 102389 9/26/01- 1/25/02 20015809 00508.00- 0000007 126 - 138331 - 634999.33201 0.00 0.00 0.00 570.00 0.00 570.00 126- 138332. 634999 -33202 102364 9/26/01- 10/25/01 129 - 156110 - 764900.33775 0.00 2,634.00 0.00 CHECK TOTAL 0.00 2,880.28 CHECK NO 571676 VENDOR 322280 - DEBBIE ARMSTRONG 20016076 GAS REIMB 2/12/02 001. 010510 - 640200 -00000 0.00 5.00 0.00 5.00 154223 GAS REIMB 2/12/02 CHECK TOTAL 0.00 5.00 CHECK NO 571425 VENDOR 187770 - DELL COMPUTER CORPORATION CHECK NO 571536 VENDOR 256190 . DELL MARKETING L.P. 20015639 748541794 301. 210140- 651950.01014 0.00 68.95 0.00 68.95 203861 POWER EDGE 4210 /SMART UPS 20015639 748541786 301 - 210140 - 764900 -01014 0.00 5,509.05 0.00 5,509.05 203861 POWER EDGE 4210 /SMART UPS 129 - 156110 - 764900.33775 0.00 11,853.00 0.00 11,853.00 20015640 754461028 203786 OPTI PLEX GX240 129 - 156110 - 764900.33775 0.00 2,634.00 0.00 2,634.00 20015638 759445810 204117 OPTIPLEX GX240 129. 156110. 764900.33775 0.00 19.992.00 0.00 19.992.00 20015638 759445521 204117 OPTIPLEX GX240 129 - 156110- 764900 -33775 0.00 7,056.00 0.00 7,056.00 20015640 754461291 203786 OPTI PLEX GX240 CHECK TOTAL 0.00 41,535.00 CHECK NO 571536 VENDOR 256190 . DELL MARKETING L.P. 20015639 748541794 301. 210140- 651950.01014 0.00 68.95 0.00 68.95 203861 POWER EDGE 4210 /SMART UPS 20015639 748541786 301 - 210140 - 764900 -01014 0.00 5,509.05 0.00 5,509.05 203861 POWER EDGE 4210 /SMART UPS 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 56 FEBRUARY BOARD OF COMMISSIONERS REPORT 100.601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 301 - 210140 - 764900.01014 0.00 5,509.05 0.00 5,509.05 20015639 748543071 203861 POWER EDGE 4210 /SMART UPS 301 - 210140. 651950.01014 0.00 68.95 0.00 68.95 20015639 748543089 203861 POWER EDGE 4210 /SMART UPS 113 - 138931 - 764900.00000 0.00 3,546.00 0.00 3,546.00 20015492 755586898 203980 1700GX400 CHECK TOTAL 0.00 14,702.00 CHECK NO 571190 VENDOR 4970 . DEMCO 001 - 156110 - 651910 -00000 0.00 147.92 0.00 147.92 20015501 238303 204154 LAMINATE 001 - 156110 - 651910 -00000 0.00 1,045.06 0.00 1,045.06 20015491 238604 203950 BOOK TRUCK CHECK TOTAL 0.00 1,192.98 CHECK NO 571695 VENDOR 327060 - DENISE KIRK 20015945 2/8 TRVL D KIRK 470 - 173463 - 640300.00000 0.00 6.00 0.00 6.00 2/8 TRVL D KIRK CHECK TOTAL 0.00 6.00 CHECK NO 571521 VENDOR 250990 - DEP - STORAGE TANK REGISTRATION 20016082 130074 001- 156363 - 649010 -00000 0.00 25.00 0.00 153682 STORAGE TANK REGISTRATION CHECK TOTAL 0.00 CHECK NO 571158 VENDOR 199410 - DEPARTMENT OF ENVIRONMENTAL 20016063 PERMIT FEE /S MARCO BEACH 346 - 116360. 649010 -00173 0.00 250.00 0.00 AND CHECK TOTAL 0.00 CHECK NO 571367 VENDOR 160920 - DEPARTMENT OF MANAGEMENT SERVICES 20015887 3J -3825 11/4/01 490 - 144610- 641900 -00000 0.00 49.92 0.00 3J -3825 11/4/01 20015887 3J -3711 9/4/01 490 - 144610 - 641900 -00000 0.00 64.34 0.00 3J -3711 9/4/01 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015887 3J -3767 10/4/01 3J -3767 10 /4 /01 20015886 3J -3710 9/4/01 3J -3710 9/4/01 20015886 3J -3766 10/4/01 3J -3766 10/4/01 20015887 3J -3713 9/4/01 3J -3713 9/4/01 20015887 3J -3823 11/4/01 3J -3823 11/4/01 20015886 3J -3822 11/4/01 3J -3822 11/4/01 20015887 3J -3769 10/4/01 3J -3769 10/4/01 COLLIER COUNTY, FLORIDA VCHR DISC BOARD OF COMMISSIONERS 89.40 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 490 - 144610. 641900 -00000 0.00 001 - 157110. 641900.00000 0.00 001 - 157110 - 641900.00000 0.00 490 - 144610. 641900 -00000 0.00 490. 144610- 641900 -00000 0.00 001 - 157110 - 641900 -00000 0.00 490 - 144610- 641900 -00000 0.00 CHECK NO 571448 VENDOR 199440 - DESIGNER AUDIO 20016085 8262 612. 156110- 764360.00000 153626 THEATERSOUND PROCESSOR CHECK NO 571191 VENDOR 5240 - DIAGNOSTIC SERVICES, INC. 20015502 C MYSZOGLAD 10/24/01 001. 155930. 631990.00000 201853 C MYSZOGLAD 10/24/01 20015502 C MYSZGLOD 9/4/01 001 - 155930 - 631990 -00000 201853 C MYSZGLOD 9/4/01 20015502 R GRIFFIN 1/3/02 001 - 155930 - 631990 -00000 201853 R GRIFFIN 1/3/02 CHECK NO 571483 VENDOR 224940 - DIANE KLUCKA 20016075 REFEREE SVC 1/8- 2/15/02 111 - 156341 - 634999.00000 202968 REFEREE SVC 1/8/02- 2/15/02 16JIPAGE 57 AMT NET VCHR DISC VCHR NET 89.40 0.00 89.40 80.54 0.00 80.54 78.58 0.00 78.58 48.49 0.00 48.49 68.80 0.00 68.80 78.37 0.00 78.37 51.88 0.00 51.88 CHECK TOTAL 0.00 610.32 0.00 990.00 0.00 990.00 CHECK TOTAL 0.00 990.00 0.00 51.68 0.00 51.68 0.00 174.20 0.00 174.20 0.00 56.23 0.00 56.23 CHECK TOTAL 0.00 282.11 0.00 525.00 0.00 525.00 CHECK TOTAL 0.00 525.00 FEBRUARY 27 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 58 REPORT 100-601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VOUCHER CHECK NO 571714 VENDOR 332580 DIGITAL NETWORK SYSTEMS, INC 408.210130.651110 -00000 0.00 187.00 0.00 20015503 31600 202333 TONER CHECK TOTAL 0.00 CHECK NO 571341 VENDOR 141790 DILLER & BROWN 408 - 233313 - 652990 -00000 0.00 1,202.40 20015490 027560 408 - 233313 - 641950.00000 0.00 45.75 0.00 204088 MOTOR /BOARD /SHPG CHECK TOTAL 0.00 CHECK NO 571762 VENDOR 345930 - DIRECT TV 118 - 144210 - 652990.33781 0.00 4.99 0.00 20016071 0018 - 016746794 153724 ADDITIONAL RECEIVER CHECK TOTAL 0.00 CHECK NO 571553 VENDOR 265230 - DIRECTORY DISTRIBUTING ASSOCIATES 307 - 156110 - 766100 -00000 0.00 41.62 0.00 20015574 50351 201640 PHONE DIRECTORIES CHECK TOTAL 0.00 CHECK NO 571157 VENDOR 165960 DISTRICT TWENTY 001 - 144710 - 645300.00000 0.00 1,954.00 0.00 20015451 INS REIMB AND CHECK TOTAL 0.00 CHECK NO 571379 VENDOR 165960 DISTRICT TWENTY 001 - 144710 - 634108 -00000 0.00 28,475.00 0.00 20015452 30TH PAYMENT 30TH PAYMENT 200316 CHECK TOTAL 0.00 CHECK NO 571410 VENDOR 180260 DIXIE TRUCKING. INC. 195 - 116360 - 763313 -10521 0.00 936.00 0.00 20016086 66473 153176 CRUSHED SHELL /HAULING CHECK TOTAL 0.00 CHECK NO 571547 VENDOR 261490 - DWIGHT E. BROCK, CLERK 20016144 CIR CT COSTS JUV 1102 681. 421190. 634401 -00000 0.00 2,149.00 0.00 CIR CT COSTS JUV 1102 COLLIER COUNTY, FLORIDA 1 6J PAGE 59 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS 0.00 10,476.00 0.00 REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER 20016144 CIR CT FINES FELONY 1/02 681. 421190- 634401 -00000 FOR CHECKS DATED FEBRUARY 26, 2002 0.00 CIR CT FINES FELONY 1/02 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 0.00 CIR CT FINES JUV 1/02 CHECK NO 571192 VENDOR 5270 DOMESTIC CUSTOM METALS CTY CRT COSTS CIVIL 1/02 681 - 431590. 635700 -00000 0.00 3,290.00 0.00 408 - 253211 - 634999 -00000 0.00 82.00 0.00 82.00 20015573 10705 681- 421190. 634401 -00000 0.00 2.025.00 0.00 CIR CT COSTS PROBATE 1102 201782 RAIN DEFLECTOR 20016144 CIR CT COSTS CIVIL 1/02 681. 421190- 634401 -00000 0.00 001. 122240- 634999 -00000 0.00 31.50 0.00 31.50 20016079 10647 20016144 CTY CRT COSTS MISD 1102 681. 431590. 635700 -00000 0.00 13,055.00 152743 ALUMINUM SHEET CTY CRT COSTS MIDMNR 1/02 CHECK TOTAL 0.00 113.50 CHECK NO 571485 VENDOR 228630 DORIA'S WELDING 413. 263611- 763100 -73076 0.00 985.00 0.00 985.00 20016084 8837 153300 MATERIALS /LIFT STATION COVERS CHECK TOTAL 0.00 985.00 CHECK NO 571547 VENDOR 261490 - DWIGHT E. BROCK, CLERK 20016144 CIR CT COSTS JUV 1102 681. 421190. 634401 -00000 0.00 2,149.00 0.00 CIR CT COSTS JUV 1102 20016144 CIR CT COSTS FELONY 1/02 681- 421190 - 634401 -00000 0.00 10,476.00 0.00 CIR CT COSTS FELONY 1/02 20016144 CIR CT FINES FELONY 1/02 681. 421190- 634401 -00000 0.00 11,360.00 0.00 CIR CT FINES FELONY 1/02 20016144 CIR CT FINES JUV 1/02 681 - 421190. 634401 -00000 0.00 6,040.00 0.00 CIR CT FINES JUV 1/02 20016144 CTY CRT COSTS CIVIL 1/02 681 - 431590. 635700 -00000 0.00 3,290.00 0.00 CTY CRT COSTS CIVIL 1/02 20016144 CIR CT COSTS PROBATE 1/02 681- 421190. 634401 -00000 0.00 2.025.00 0.00 CIR CT COSTS PROBATE 1102 20016144 CIR CT COSTS CIVIL 1/02 681. 421190- 634401 -00000 0.00 10,265.00 0.00 CIR CT COSTS CIVIL 1102 20016144 CTY CRT COSTS MISD 1102 681. 431590. 635700 -00000 0.00 13,055.00 0.00 CTY CRT COSTS MIDMNR 1/02 CHECK TOTAL 0.00 CHECK NO 571382 VENDOR 166490 - DWIGHT E. BROCK, CLERK OF COURTS 20016120 PP #11 001. 000000- 218800 -00000 0.00 1,724.19 0.00 PP #11 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC CHECK NO 571385 VENDOR 166510 - DWIGHT E. BROCK, CLERK OF COURTS 20016034 2642336 681 - 421190 - 634401.00000 10.00 2642336 AUDIT FEE 35.00 20016036 2582173 681 - 421190. 651210 -00000 5.00 2582173 COPIES 5.00 20016033 2641065 473 - 173413. 649030 -00000 50.00 2641065 COPIES 7.00 20016034 2646730 681. 421190 - 634401 -00000 67.50 2646730 AUDIT FEE 67.50 20016033 2640710 306 - 116360- 649030 -80611 67.50 2640710 RECORDING 42.00 20016033 2648580 191. 138785- 651210 -33752 16.00 2648580 RECORDING 16.00 20016033 2649561 191. 138785- 651210 -33752 10.50 2649561 RECORDING 50.00 20016033 2650541 191. 138785- 651210 -33752 1.00 2650541 RECORDING 1.00 20016035 2612059 681 - 421190. 651210 -00000 50.00 2612059 COPIES 32,134.00 20016033 2650386 001 - 013010 - 649030 -00000 79.50 2650386 RECORDING 79.50 20016034 2641556 681. 421190 - 634401 -00000 9.00 2641556 AUDIT FEE 20016033 2648699 001 - 122310 - 651210 -00000 2648699 COPIES 20016034 2646728 681 - 421190. 634401.00000 2676728 AUDIT FEE 20016033 2639559 306. 116360- 649030 -80611 2639559 RECORDING 20016033 2647528 191 - 138785 - 651210 -33752 2647528 RECORDING 20016033 2645263 473. 173413- 649030.00000 2645263 COPIES 16JI PAGE 60 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 1,724.19 0.00 10.00 0.00 10.00 0.00 35.00 0.00 35.00 0.00 5.00 0.00 5.00 0.00 50.00 0.00 50.00 0.00 7.00 0.00 7.00 0.00 67.50 0.00 67.50 0.00 67.50 0.00 67.50 0.00 42.00 0.00 42.00 0.00 16.00 0.00 16.00 0.00 10.50 0.00 10.50 0.00 50.00 0.00 50.00 0.00 1.00 0.00 1.00 0.00 50.00 0.00 50.00 0.00 32,134.00 0.00 32,134.00 0.00 79.50 0.00 79.50 0.00 9.00 0.00 9.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20016034 2644763 2644763 AUDIT FEE 20016035 2625033 2625033 COPIES 20016034 2645518 2645518 AUDIT FEE 20016033 2643686 2643686 COPIES 20016034 2644762 2644762 AUDIT FEE 20016035 2613775 2613775 COPIES 20016035 2630292 2630292 COPIES 20016033 2645813 2645813 COPIES 20016033 2646870 2646870 RECORDING 20016033 2640150 2640150 COPIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 12990 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 681 - 421190 - 634401 -00000 0.00 681. 421190- 651210 -00000 0.00 681 - 421190 - 634401.00000 0.00 473. 173413. 649030 -00000 0.00 681 - 421190 - 634401 -00000 0.00 681- 421190 - 651210.00000 0.00 681 - 421190 - 651210 -00000 0.00 473 - 173413 - 649030 -00000 0.00 191 - 138785. 651210.33752 0.00 473 - 173413 - 649030.00000 0.00 CHECK NO 571381 VENDOR 166220 - E. B. SIMMONDS 20015517 12990 VCHR NET 111 - 156332. 652992 -00000 0.00 201046 LIGHTING REPAIR 0.00 20015520 13001 0.00 101 - 163630. 646510 -00000 5.00 203756 SIGNAL INSTALL 10.00 20015520 13016 28.00 101 - 163630- 646510 -00000 28.00 203756 SIGNAL INSTALL 29.00 20015516 13010 11.00 101 - 163630 - 646510.00000 0.00 200293 STREET LIGHTNING 0.00 20015572 13012 0.00 101. 163630. 646510 -00000 203691 INSP /TRANS 20015521 12952 001 - 122240 - 652992 -00000 203771 LIGHTING REPAIR 16JIPAGE 61 AMT NET VCHR DISC VCHR NET 50.00 0.00 50.00 12.00 0.00 12.00 50.00 0.00 50.00 5.00 0.00 5.00 10.00 0.00 10.00 28.00 0.00 28.00 29.00 0.00 29.00 11.00 0.00 11.00 67.50 0.00 67.50 12.00 0.00 12.00 CHECK TOTAL 0.00 32.908.50 0.00 1,810.00 0.00 1,810.00 0.00 587.00 0.00 587.00 0.00 750.00 0.00 750.00 0.00 2,732.00 0.00 2,732.00 0.00 585.00 0.00 585.00 0.00 555.00 0.00 555.00 CHECK NO 571775 VENDOR 347820 - EAST NAPLES FIRE CONTROL & RESCUE 20016078 LOCK BOX INSTALL 1/11/02 001 - 122240 - 649990 -00000 0.00 169.00 0.00 152695 LOCK BOX INSTALL 1/11/02 CHECK TOTAL 0.00 CHECK NO 571468 VENDOR 214040 - ECONOMIC DEVELOPMENT COUNCIL PAGE 62 COLLIER COUNTY, FLORIDA 16JI FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 0.00 2.553.41 111 - 163646. 646321.00000 0.00 2,553.41 20015518 13005 203740 INSTALL ELEC SUS 495.00 001 - 122240 - 652992.00000 0.00 495.00 0.00 20015521 12978 203771 LIGHTING REPAIR 2,475.00 111 - 156332 - 652992 -00000 0.00 2,475.00 0.00 20015517 12987 201046 LIGHTING REPAIR 80.00 111 - 156332. 652992 -00000 0.00 80.00 0.00 20015517 12988 201046 LIGHTING REPAIR 168.00 101 - 163630.646510 -00000 0.00 168.00 0.00 20015572 13008 203691 INSP /TRANS 0.00 4,396.79 111 - 163646 - 646321.00000 0.00 4,396.79 20015519 13006 203741 INSTALL ELEC SVS 388.18 301 - 155410- 763100 -80096 0.00 388.18 0.00 20015575 12977 107719 EXHAUST FAN 0.00 1,620.00 101 - 163630 - 646510 -00000 0.00 1,620.00 20015520 13011 203756 SIGNAL INSTALL 660.00 001 - 122240 - 652992 -00000 0.00 660.00 0.00 20015521 12953 203771 LIGHTING REPAIR 111.156332- 652992.00000 0.00 160.00 0.00 160.00 20015517 12991 201046 LIGHTING REPAIR 111 - 156332 - 652992 -00000 0.00 165.00 0.00 165.00 20015517 12992 201046 LIGHTING REPAIR CHECK TOTAL 0.00 20.180.38 CHECK NO 571766 VENDOR 346670 - EARTHWARD LAKE MANAGEMENT 001 - 156175.634999 -00000 0.00 100.00 0.00 100.00 20015569 2443 202831 LAKE MAINT CHECK TOTAL 0.00 100.00 CHECK NO 571775 VENDOR 347820 - EAST NAPLES FIRE CONTROL & RESCUE 20016078 LOCK BOX INSTALL 1/11/02 001 - 122240 - 649990 -00000 0.00 169.00 0.00 152695 LOCK BOX INSTALL 1/11/02 CHECK TOTAL 0.00 CHECK NO 571468 VENDOR 214040 - ECONOMIC DEVELOPMENT COUNCIL CHECK NO 571399 VENDOR 174350 - ELITE FIRE & SAFETY EQUIPMENT, INC 2,060.00 20015522 17226 118 - 144360. 652140 -33033 0.00 2,060.00 0.00 204245 HOSE /NOZZLE CHECK TOTAL 0.00 2,060.00 CHECK NO 571294 VENDOR 114800 ELLIS K. PHELPS & COMPANY PAGE 63 COLLIER COUNTY, FLORIDA 408 - 233312 - 764990.00000 0.00 16JI FEBRUARY 27, 20 BOARD OF COMMISSIONERS 20015634 058313 REPORT 100-601 SPECIAL DETAILED CHECK REGISTER 202017 FLYGT PUMP FOR CHECKS DATED FEBRUARY 26, 2002 17,484.00 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION ELITE GONZALEZ 0.00 8,875.95 88.00 001 - 138710 - 882100 -00000 0.00 8,875.95 88.00 20015635 #11 20016037 2/5/02 5.5 HRS 201085 2/7/02- 2/20/02 2/5/02 5.5 HRS 8,875.95 CHECK TOTAL 0.00 CHECK NO 571313 VENDOR 122900 - EDUARDO R. HUERGO, M.D. 48.00 0.00 20016037 2/14/02 3 HRS 001 - 155930 - 631210 -00000 0.00 130.00 0.00 130.00 20016070 J COWDREY 1/8/02 2/14/02 3 HRS 154017 J COWDREY 1/8/02 16.00 681-431590-634402-00000 130.00 16.00 CHECK TOTAL 0.00 CHECK NO 571399 VENDOR 174350 - ELITE FIRE & SAFETY EQUIPMENT, INC 2,060.00 20015522 17226 118 - 144360. 652140 -33033 0.00 2,060.00 0.00 204245 HOSE /NOZZLE CHECK TOTAL 0.00 2,060.00 CHECK NO 571294 VENDOR 114800 ELLIS K. PHELPS & COMPANY 408 - 233312 - 764990.00000 0.00 17,484.00 0.00 17,484.00 20015634 058313 202017 FLYGT PUMP 0.00 17,484.00 CHECK TOTAL CHECK NO 571429 VENDOR 190020 ELITE GONZALEZ 88.00 681-421190-634402-00000 0.00 88.00 0.00 20016037 2/5/02 5.5 HRS 2/5/02 5.5 HRS 48.00 681-431590-634402-00000 0.00 48.00 0.00 20016037 2/14/02 3 HRS 2/14/02 3 HRS 0.00 16.00 681-431590-634402-00000 0.00 16.00 20016037 1/22/02 1 HR 1/22/02 1 HR 64.00 0.00 64.00 681-431590-634402-00000 0.00 20016037 2/6/02 4 HRS 2/6/02 4 HRS 16.00 0.00 16.00 681-421190-634402-00000 0.00 20016037 2/12/02 1 HR 2/12/02 1 HR 0.00 32.00 681-431590-634402-00000 0.00 32.00 20016037 2/8/02 2 HRS 2/8/02 2 HRS 48.00 0.00 48 -00 681-421190-634402-00000 0.00 20016037 2/13/02 3 HRS 2/13/02 3 HRS 68.00 681-421190-634402-00000 0.00 68.00 0.00 20016037 2/11/02 4.25 HRS 2/11/02 4.25 HRS 204288 MEDICAL SUPPLIES PAGE 64 COLLIER COUNTY, FLORIDA 1 16JI P FEBRUARY 27. 20 B BOARD OF COMMISSIONERS REPORT 100-601 S SPECIAL DETAILED CHECK R REGISTER FOR CHECKS DATED FEBRUARY 26, 2 2002 ACCOUNT NO AMT D DISC A AMT NET VCHR DISC V VCHR NET VOUCHER DESCRIPTION A 40.00 681 - 421190 - 634402 -00000 0 0.00 40.00 0 0.00 4 20016037 2/4/02 2.5 HRS 6 2/4/02 2.5 HRS 32.00 0 0.00 3 32.00 681-421190-634402-00000 0 0.00 20016037 2/8/02 2 HRS 2/8/02 2 HRS 56.00 0 0.00 5 56.00 681-431590-634402-00000 0 0.00 20016037 2/15/02 3.5 HRS 2/15/02 3.5 HRS 0.00 1 16.00 681-431590-634402-00000 0 0.00 16.00 0 20016037 2/4/02 1 HR 2/4/02 1 HR 32.00 0 0.00 3 32.00 681-431590-634402-00000 0 0.00 20016037 2/7/02 2 HRS 2/7/02 2 HRS 40.00 0 0.00 4 40.00 681-421190-634402-00000 0 0.00 20016037 2/7/02 2.5 HRS 2/7/02 2.5 HRS 16.00 0 0.00 1 16.00 681-431590-634402-00000 0 0.00 20016037 2/13/02 1 HR 2/13/02 1 HR 64.00 0 0.00 6 64.00 681-431590-634402-00000 0 0.00 20016037 2/12/02 4 HRS 2/12/02 4 HRS 0.00 6 676.00 CHECK TOTAL 0 CHECK NO 571684 VENDOR 324180 EMERGENCY MEDICAL PRODUCTS 3 490.144610- 652710 -00000 0 0.00 3 364.00 0 0.00 364.00 20015523 263469 204288 MEDICAL SUPPLIES 490 - 144610- 652710.00000 0 0.00 6 67.50 0.00 461.10 20016066 265329 4 490 - 144610 - 652720 -00000 0 0.00 3 393.60 0 153935 OCYTOCIN /DISPOSABLE P PILLOWS 490 - 144610.652710 -00000 0 0.00 142.50 0 0.00 1 142.50 20016066 265962 153935 THIAMINE 6.50 490.144610- 652710.00000 0 0.00 6.50 0 0.00 6 20015523 263331 204288 MEDICAL SUPPLIES 22.50 490.144610. 652710 -00000 0 0.00 22.50 0 0.00 2 20016066 266133 153935 OXYTOCIN 72.78 490- 144610.652720 -00000 0 0.00 72.78 0 0.00 7 20016073 262357 153675 MEDICAL SUPPLIES 1,065.50 490.144610- 652710.00000 0 0.00 1,065.50 0 0.00 1 20015523 262490 16 J IPAGE 65 COLLIER COUNTY, FLORIDA FEBRUARY 27. 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET UCHR DISC VCHR NET VOUCHER DESCRIPTION 0.00 2,134.88 CHECK TOTAL CHECK NO 571279 VENDOR 106740 . EMERGENCY MEDICAL SERVICES 490.144610- 649010 -00000 0.00 50.00 0.00 50.00 20016068 VEHICLE PERMITS FEB /2002 VEHICLE PERMITS FEB /2002 50.00 CHECK TOTAL 0.00 CHECK NO 571408 VENDOR 179840 . EMERGENCY PET HOSPITAL OF COLLIER 001 - 155410 - 631980 -00000 0.00 56.00 0.00 56.00 20015570 9944 200974 VET CARE 2/12/02 56.00 CHECK TOTAL 0.00 CHECK NO 571665 VENDOR 317080 - ENDOCRINE SPECIALIST PA 001.155930- 631210 -00000 0.00 74.75 0.00 74.75 20016069 L CROSBY 1/25/02 154078 L CROSBY 1/25/02 130.00 001-155930-631210-00000 0.00 130.00 0.00 20016069 C JOSEPH 1/25/02 C JOSEPH 1/25/02 204.75 CHECK TOTAL 0.00 CHECK NO 571449 VENDOR 199770 . ENVIRONMENTAL BIOTECH OF SW FL 001 - 122240 - 652994 -00000 0.00 601.00 0.00 601.00 20015571 7521 201503 GREASE ERADICATION 2/02 CHECK TOTAL 0.00 601.00 CHECK NO 571856 VENDOR 900140 - ESQUIRE DEPOSITION SERVICES 681 - 410310 - 633031.00000 0.00 60.50 0.00 60.50 301421 ESQUIRE DEP SUC 268677EFL ESQUIRE DEPO SERVICE 268677EFL CHECK TOTAL 0.00 60.50 CHECK NO 571722 VENDOR 336210 EWING MCMICHAEL 313 - 163611 - 640300 -00000 0.00 150.46 0.00 150.46 20015735 2/11 -13 TRVL E MCMICHAEL 2/11.13 TRVL E MCMICHAEL CHECK TOTAL 0.00 150.46 CHECK NO 571471 VENDOR 214900 - F.P.L. 27.761.27 02776 -08089 1/17- 2/18/02 001 - 061010 - 643100 -00000 0.00 27,761.27 0.00 20016087 02776 -08089 1/17/02. 2/18/02 1 6 J I PAGE 66 COLLIER COUNTY, FLORIDA FEBRUARY 27. 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 08799 -45103 1/15- 2/14/02 111 - 156332.643100 -00000 0.00 0.00 22.981. 9 0.00 32,497.21 20016143 001.156363- 643100 -00000 08799.45103 1/15/02. 2/14/02 CHECK TOTAL 0.00 60,258.48 CHECK NO 571479 VENDOR 220990 - FASHION FRESH 383.00 001 - 122255 - 634999 -00000 0.00 383.00 0.00 20015678 1/1/02 - 2/1/02 201240 UNIFORM CLEANING CHECK TOTAL 0.00 383.00 CHECK NO 571193 VENDOR 6250 . FEDERAL EXPRESS CORP 518 - 121630 - 641950 -00000 0.00 10.05 0.00 10.05 20015512 4- 104 -65986 203714 SHPG 1/30/02 001-122310-641950-00000 0.00 5.90 0.00 5.90 20015505 4- 120 -07935 201810 SHPG 1/21/02 126-138332-641950-33202 0.00 9.65 0.00 9.65 20015506 4- 108 -56753 106206 SHPG 1/30/02 605-122390-641950-00000 0.00 28.15 0.00 28.15 20015708 4- 120 -41563 202119 SHPG 1/25/02 001-121810-641950-00000 0.00 5.90 0.00 5.90 20015511 4- 096 -73245 201513 SHPG 1/30/02 605-122390-641950-00000 0.00 5.90 0.00 5.90 20015505 4- 120 -07935 202119 SHPG 1/18/02 681 421510-641950-00000 0.00 39.35 0.00 39.35 20015510 4- 116 -14052 201314 SHPG 1/18/02 118-144210-641950-33781 0.00 6.65 0.00 6.65 20015509 4- 116 -48883 201152 SHPG 1/31/02 CHECK TOTAL 0.00 111.55 CHECK NO 571396 VENDOR 172870 FEDERAL EXPRESS CORPORATION 408 - 210120- 641950.00000 0.00 17.80 0.00 17.80 20015508 4- 120 -09597 201102 SHPG 1/25/02 111-156341-641950-00000 0.00 7.75 0.00 7.75 20015504 4- 100 -67793 201721 SHPG 2/1/02 001-000000-142900-00000 0.00 102.65 0.00 102.65 20015507 4- 083.84976 200057 SHPG 1/28/02 200626 PARTS 16J COLLIER COUNTY, FLORIDA 1 I FEBRUARY 27, 20 B BOARD OF COMMISSIONERS REPORT 100-601 S SPECIAL DETAILED CHECK R REGISTER FOR CHECKS DATED FEBRUARY 26, 2 2002 ACCOUNT NO AMT D DISC A AMT NET V VCHR DISC V VCHR NET VOUCHER DESCRIPTION A 5.90 111 - 156310.641950 -00000 0 0.00 5.90 0 0.00 5 20015504 4. 100.34161 1 201721 SHPG 1/24/02 CHECK TOTAL 0 0.00 1 134.10 CHECK NO 571276 VENDOR 105760 F FERGUSON UNDERGROUND 408- 253212 - 655100.00000 0 0.00 1.242.00 0 0.00 1 1.242.00 20015494 840461 4 200211 PARTS 413 - 263611.655100 -73076 0 0.00 4,800.00 0 0.00 4 4,800.00 20015747 840033 203804 PLUG VALVE 408 - 253212 - 655100.00000 0 0.00 208.00 0 0.00 2 208.00 20015495 840543 200212 PARTS 408 - 253212. 655100.00000 0 0.00 15.48 0 0.00 1 15.48 20015495 840995 200212 PARTS 408-253212-655100-00000 0 0.00 4.513.74 0 0.00 4 4.513.74 20015641 839638 -1 200210 PARTS 408-233352-652910-00000 0 0.00 229.30 0 0.00 2 229.30 20015889 841145 200599 PVC 408 - 253212.655100.00000 0 0.00 1 16,413.60 0 0.00 16,413.60 20015641 840285 200210 PARTS 408.253212.655100 -00000 0 0.00 1 1,040.00 0 0.00 1,040.00 20015494 840296 -1 200211 PARTS 408-253212-655100-00000 0 0.00 311.74 0 0.00 3 311.74 20015495 840808 200212 PARTS 408-253212-655100-00000 0 0.00 195.35• 0 0.00 1 195.35- 20015495 CM040467 200212 CREDIT 408 - 253212.655100 -00000 0 0.00 3 3.295.90 0 0.00 3.295.90 20015494 840306 200211 PARTS CHECK TOTAL 0 0.00 3 31,874.41 CHECK NO 571539 VENDOR 257370 F FERGUSON UNDERGROUND INC. #125 408 - 233312 - 655200 -00000 0 0.00 141.15 0 0.00 1 141.15 20015496 841141 4 200626 PARTS 408-233312-655200-00000 0 0.00 108.00 0 0.00 1 108.00 20015496 840520 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JI PAGE 68 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 249.15 CHECK NO 571697 VENDOR 327520 FGFOA 20.00 20016081 MEMB DUES /SUSAN USHER 001. 101520.654210 -00000 0.00 20.00 0.00 154115 FGFOA MEMB DUES /S USHER CHECK TOTAL 0.00 20.00 CHECK NO 571372 VENDOR 163730 - FIBBER MCGEE'S CLOSET 90.00 0.00 90.00 20015709 4366 Y -0017 3/1/02 101 - 163630. 634999.00000 0.00 200024 3/1/02 101-163630-634999-00000 0.00 135.00 0.00 135.00 20015709 4366 Y -0045 3/1/02 200024 3/1/02 CHECK TOTAL 0.00 225.00 CHECK NO 571470 VENDOR 214800 - FIRE SPRINKLER SYSTEMS COMPANY, INC 001 - 122240 - 646281 -00000 0.00 318.00 0.00 20015883 16853 202103 FIRE ALARM INSPECTION 001- 122240 - 646281 -00000 0.00 1,338.00 0.00 20015883 16872 202103 FIRE ALARM INSPECTION 001 - 122240 - 646281-00000 0.00 120.00 0.00 20015883 16826 202103 REMOUNT PHONE JACKS 001 - 122240 - 646281 -00000 0.00 390.00 0.00 20015883 16775 202103 INSPECTION 001 - 122240. 646281 -00000 0.00 250.00 0.00 20015883 16850 202103 FIRE ALARM INSPECTION 001 - 122240 - 646281 -00000 0.00 46.75 0.00 20015883 16852 202103 FIRE ALARM INSPECTION 001 - 122240. 646281 -00000 0.00 495.00 0.00 20015883 16851 202103 FIRE ALARM INSPECTION 001. 122240 - 646281 -00000 0.00 6,537.90 0.00 20015980 16914 201748 SPRINKL.INSP. 1102 CHECK TOTAL 0.00 CHECK NO 571819 VENDOR 351810 - FIRST FIDELITY TITLE AND 20015994 D/P R PEREZ 036124880002 191 - 138785 - 884100.33751 0.00 2.500.00 0.00 #36124880002 R PEREZ 204404 1 6 J IPAGE 69 COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC. AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 0.00 2,500.00 CHECK TOTAL CHECK NO 571546 VENDOR 261220 FIRST NATIONAL BANK OF NAPLES 001- 000000 - 218910 -00000 0.00 76.56 0.00 76.56 20016111 PP #11 PP #11 CHECK TOTAL 0.00 76.56 CHECK NO 571303 VENDOR 116470 FIRST TITLE & ABSTRACT, INC. 313. 163673 - 631650 -62071 0.00 225.00 0.00 225.00 20015885 B -12370 202660 PARCEL 506, 106A, 1066 CHECK TOTAL 0.00 225.00 CHECK NO 571669 VENDOR 318400 FIRST UNION FINANCIAL 001- 000000 - 216210.00000 0.00 119.77 0.00 119.77 20016134 PP #11 PP #11 CHECK TOTAL 0.00 119.77 CHECK NO 571444 VENDOR 197290 FIRST UNION NATIONAL BANK 001 - 000000- 216210 -00000 0.00 212.83 0.00 212.83 20016135 PP #11 PP #11 CHECK TOTAL 0.00 212.83 CHECK NO 571789 VENDOR 349540 FIRST UNION NATIONAL BANK 410 - 939030 - 873100 -00000 0.00 478.44 0.00 478.44 20015675 98551 19996 4/1- 3/31/03 CHECK TOTAL 0.00 478.44 CHECK NO 571290 VENDOR 111530 FISHER SCIENTIFIC 408 - 233351.652140 -00000 0.00 138.67 0.00 138.67 20015679 6836733 204055 SAFETY SUPPLIES 408-233351-652140-00000 0.00 228.36 0.00 228.36 20015679 6770754 204055 SAFETY SUPPLIES 408-233351-652140-00000 0.00 6.12 0.00 6.12 20015679 6743748 204055 SAFETY SUPPLIES CHECK TOTAL 0.00 373.15 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571565 VENDOR 273880 - FLASH EQUIPMENT. INC. 20015680 27896 521. 122410- 646425 -00000 0.00 200627 PARTS 20015680 27947 521 - 122410 - 646425 -00000 0.00 200627 PARTS CHECK NO 571397 VENDOR 172880 - FLINTSTONE COLLIER COUNTY LAWN 20016080 1787 001 - 157110 - 634999.00000 0.00 153904 PALM TREE REMOVAL 1/31/02 CHECK NO 571431 VENDOR 190470 - FLORIDA ASSOCIATION OF GOVERNMENTAL 20016142 REGIST L EVANS 2/27/02 521 - 122410 - 640300 -00000 0.00 153275 REGIST L EVANS 2/27 CHECK NO 571360 VENDOR 158730 - FLORIDA DEPT OF EDUCATION 20016114 PP #11 001 - 000000 - 218900.00000 0.00 PP #11 CHECK NO 571737 VENDOR 339710 FLORIDA GEOLOGICAL SURVEY 20015981 INV. #1 414 - 263611.634999 -74030 0.00 106513 CORING 502 FT CHECK NO 571741 VENDOR 342640 FLORIDA GOVERNMENTAL UTILITY 20016083 21 -02- 3236 -1.1 1/11.2/12 408 - 210105- 643400 -00000 0.00 21.02- 3236 -1 -1 1/11/02 - 2/12/02 20016083 21.03- 1970 -2 -2 1/15 -2/13 111 - 156332 - 643400 -00000 0.00 21 -03- 1970 -2 -2 1115/02. 2/13102 CHECK NO 571307 VENDOR 119550 - FLORIDA KARATE CENTER INC. 16JI PAGE 70 AMT NET VCHR DISC VCHR NET 53.76 0.00 53.76 92.39 0.00 92.39 CHECK TOTAL 0.00 146.15 600.00 0.00 600.00 CHECK TOTAL 0.00 600.00 20.00 0.00 20.00 CHECK TOTAL 0.00 20.00 85.00 0.00 85.00 CHECK TOTAL 0.00 85.00 22,590.00 0.00 22,590.00 CHECK TOTAL 0.00 22,590.00 218.22 0.00 218.22 21.13 0.00 21.13 CHECK TOTAL 0.00 239.35 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015884 KARATE 12/10/01- 2/31/02 201053 KARATE 12/10/01- 2/31/02 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 130 - 157710- 634999 -00000 0.00 CHECK NO 571196 VENDOR 6790 - FLORIDA POWER AND LIGHT 20015891 72276 -43017 12/31.1/31/02 155.112593- 643100 -00000 72276 -43017 12/31/01. 1/31/02 18.05 20015891 17341 -77510 1/9/02- 2/8/02 111 - 163646.643100 -00000 17341 -77510 1/9/02- 2/8/02 9.09 20015890 97229.32085 12/21- 1/25/02 001. 157110- 643100.00000 97229 -32085 12/21/01- 1/25/02 9.24 20016158 75181 -65175 12/20- 1/24/02 408 - 233352- 643100 -00000 75181 -65175 12/20/01- 1/24/02 36,609.97 20015893 08707.89229 1/10 - 2/11/02 101 - 163610 - 643100 -00000 08707 -89229 1/10/02.2/11/02 310.69 20015892 74015 -71141 1/15.2/14/02 408- 233312 - 643100 -00000 74015 -71141 1/15/02- 2/14/02 12.00 20015891 17728 -05212 1/31 - 2/11/02 111 - 163646 - 643100.00000 17728 -05212 1/31/02- 2/11/02 19.33 20015890 41285.39279 1 /10- 2/11/02 470 - 173441.643100 -00000 41285 -39279 1/10/02.2/11/02 85.40 20015892 73547 -83560 1/15.2/14/02 408.233312- 643100 -00000 73547 -83560 1/15/02- 2/14/02 9.09 20015893 02968 -36240 1 /10- 2/11/02 470 - 173435 - 643100.00000 02968 -36240 1/10/02. 2/11/02 8.82 20015892 57154 -73574 1/14- 2/13/02 408- 233351.643100 -00000 57154 -73574 1/14/02- 2/13/02 17.20 20015890 42093 -33287 1/9/02- 2/8/02 101 - 163630 - 643100 -00000 42093 -33287 1/9/02.2/8/02 9.41 20015892 19095 -06238 1/15- 2/14/02 408.233351- 643100 -00000 19095.06238 1/15/02 - 2/14/02 15.16 20015891 01244.18294 1/9/02- 2/8/02 111 - 163646 - 643100.00000 01244 -18294 1/9/02- 2/8/02 9.09 20015890 67285 -11574 1/10 - 2/11/02 408.233351- 643100 -00000 67285 -11574 1/10/02 - 2/11/02 9.24 16JIPAGE 71 AMT NET VCHR DISC VCHR NET 1,104.19 0.00 1,104.19 CHECK TOTAL 0.00 1.104.19 0.00 18.05 0.00 18.05 0.00 9.09 0.00 9.09 0.00 9.24 0.00 9.24 0.00 36,609.97 0.00 36,609.97 0.00 310.69 0.00 310.69 0.00 12.00 0.00 12.00 0.00 19.33 0.00 19.33 0.00 85.40 0.00 85.40 0.00 9.09 0.00 9.09 0.00 8.82 0.00 8.82 0.00 17.20 0.00 17.20 0.00 9.41 0.00 9.41 0.00 15.16 0.00 15.16 0.00 9.09 0.00 9.09 0.00 9.24 0.00 9.24 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015893 82797 -60329 1/10 - 2/11/02 82797 -60329 1/10/02 - 2/11/02 20016158 33496 -39108 1/15. 2/14/02 33498.39108 1/15/02 - 2/14/02 20015892 73214 -88293 12/31- 1/31/02 73214 -88293 12/31/01 - 1/31/02 20016158 74037 -36130 1/14- 2/13/02 74037 -36130 1/14/02. 2/13/02 20015893 43730.78221 1/10 - 2/11/02 43730 -78221 1/10/02. 2/11/02 20015892 94977 -51314 1 /10. 2/11/02 94977.51314 1/10/02- 2/11/02 20015891 48928.26282 1/9/02. 2/8/02 48928 -26282 1/9/02- 2/8/02 20015890 81704 -51135 1 /11. 2/12/02 81704 -51135 1/11/02 - 2/12/02 20015892 81290 -37431 1/15 - 2/14/02 81290 -37431 1/15/02- 2/14/02 20015893 02368 -36284 1 /10- 2/11/02 02368 -36284 1/10/02- 2/11/02 20015891 26784-63213 1/31- 2/11/02 26784.63213 1/31/02. 2/11/02 20015890 40840 -51434 12/27- 1/29/02 40840 -51434 12/27/01- 1/29/02 20015892 70747 -88212 1/15 - 2/14/02 70747 -88212 1/15/02 - 2/14/02 20016158 73952 -39168 1/16- 2/15/02 73952 -39168 1/16/02 - 2/15/02 20016158 42765 -77089 1/16 - 2/15/02 42765 -77089 1/16/02 - 2/15/02 20015890 41599 -32146 1/10 - 2/11/02 41599.32146 1/10/02. 2/11/02 20015891 44831 -31100 1/9/02 - 2/8/02 44831 -31100 1/9/02- 2/8/02 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 101 - 163610 - 643100 -00000 0.00 144. 144360. 643100 -00000 0.00 155 - 112593. 643100.00000 0.00 134 - 172530 - 643100.00000 0.00 101. 163610 - 643100 -00000 0.00 101. 163612- 643100 -00000 0.00 111. 163646- 643100.00000 0.00 408 - 253221. 643100 -00000 0.00 408. 233351- 643100 -00000 0.00 470 - 173435. 643100 -00000 0.00 111. 163646- 643100 -00000 0.00 001 - 122240 - 643100.00000 0.00 408 - 233312. 643100 -00000 0.00 154 - 172520 - 643100 -00000 0.00 001 - 156110 - 643100 -00000 0.00 001- 172970 - 643100 -00000 0.00 101 - 163630 - 643100 -00000 0.00 16JIPAGE 72 AMT NET VCHR DISC 277.43 0.00 272.68 0.00 9,09 0.00 9.09 0.00 314.70 0.00 277.69 0.00 9,09 0.00 2,386.88 0.00 31.30 0.00 66.42 0.00 19.96 0.00 124.07 0.00 13.50 0.00 12.33 0.00 5,890.06 0.00 158.41 0.00 9,49 0.00 1 6 J IPAGE 73 COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 001 - 172910 - 643100 -00000 0.00 275.27 0.00 275.27 20015890 29392 -51142 1/10 - 2/11/02 29392 -51142 1/10/02.2/11/02 20016158 07782 -51314 1 /10 2/11/02 490 - 144610 - 643100 -00000 643100 -00000 0.00 0.00 85.72 238.10 001.144510- 001 - 061010 - 643100 -00000 0.00 152.37 0.00 476.19 07782 -51314 1/10/02- 2/11/02 001-157110-643100-00000 0.00 1,316.06 0.00 1,316.06 20015891 97219 -34058 12/21- 1/25/02 97219 -34058 12/21/01- 1/25/02 111-156313-643100-00000 0.00 5,070.62 0.00 5.070.62 20015893 88172 -16313 12/27. 1/29/02 88172 -16313 12/27/01.1/29/02 CHECK TOTAL 0.00 54,172.11 CHECK NO 571636 VENDOR 305020 • FLORIDA RESEARCH, INC 470 - 173410 - 634999 -00000 0.00 59.00 0.00 59.00 20015681 98377 201233 NEWSLETTER 2/6/02 CHECK TOTAL 0.00 59.00 CHECK NO 571292 VENDOR 112450 - FLORIDA ROCK INDUSTRIES 470 - 173441.763100 -00000 0.00 71.33 0.00 71.33 20015515 1140013658 203573 LIMEROCK 111-163645-653110-00000 0.00 480.39 0.00 480.39 20015513 1140013769 200809 LIMEROCK 111-163645-653110-00000 0.00 84.51 0.00 84.51 20015513 1140013635 200809 LIMEROCK 470-173441-763100-00000 0.00 70.22 0.00 70.22 20015515 1140013725 203573 LIMEROCK 111-163645-653110-00000 0.00 201.14 0.00 201.14 20015513 1140013790 200809 LIMEROCK 470-173441-763100-00000 0.00 210.31 0.00 210.31 20015515 1140013691 203573 LIMEROCK 470-173441-763100-00000 0.00 69.73 0.00 69.73 20015515 1140013791 203573 LIMEROCK 470-173441-763100-00000 0.00 139.29 0.00 139.29 20015515 1140013689 203573 LIMEROCK CHECK TOTAL 0.00 1.326.92 CHECK NO 571331 VENDOR 135230 - FLORIDA STATE UNDERGROUND, INC 20015837 #1 RETAINAGE 333 - 000000- 205100 -00000 0.00 19,054.25- 203059 12/26/01- 1/28/02 RETAINAGE 20015837 #1 333- 163650 - 763100.65031 0.00 190.542.51 203059 12/26/01- 1/28/02 CHECK TOTAL CHECK NO 571670 VENDOR 318590 - FLORIDA TRANSPORTATION SYSTEMS, INC 20015683 0011394 521. 122410- 646425 -00000 0.00 200630 PARTS CHECK NO 571509 VENDOR 243280 . FLORIDA WATER SERVICES 20016032 009723515.4 1/12- 2/8/02 001 - 156363 - 643400.00000 0.00 16JIPAGE 74 009723515 -4 1/12/02 - 2/8/02 COLLIER COUNTY, FLORIDA 20016062 009727295 -9 FEBRUARY 27, 20 BOARD OF COMMISSIONERS 0.00 009727295.9 REPORT 100-601 SPECIAL DETAILED CHECK REGISTER 20016062 009727285.0 1/7/02- 2/5/02 001- 061010 - 643400.00000 FOR CHECKS DATED FEBRUARY 26, 2002 009727285 -0 1/7/02- 2/5/02 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 009738135 -4 1/2/02- 2/8/02 CHECK NO 571355 VENDOR 154430 FLORIDA ROCK INDUSTRIES 137.33 408.253212- 653110.00000 0.00 137.33 0.00 20015514 1140013659 202468 LIMEROCK 0.00 137.33 CHECK TOTAL CHECK NO 571659 VENDOR 315500 FLORIDA SANITARY SUPPLIERS 111 - 156313 - 652510.00000 0.00 329.20 0.00 329.20 20015682 167319 -00 203884 CLEANING SUPPLIES 329.20 CHECK TOTAL 0.00 CHECK NO 571331 VENDOR 135230 - FLORIDA STATE UNDERGROUND, INC 20015837 #1 RETAINAGE 333 - 000000- 205100 -00000 0.00 19,054.25- 203059 12/26/01- 1/28/02 RETAINAGE 20015837 #1 333- 163650 - 763100.65031 0.00 190.542.51 203059 12/26/01- 1/28/02 CHECK TOTAL CHECK NO 571670 VENDOR 318590 - FLORIDA TRANSPORTATION SYSTEMS, INC 20015683 0011394 521. 122410- 646425 -00000 0.00 200630 PARTS CHECK NO 571509 VENDOR 243280 . FLORIDA WATER SERVICES 20016032 009723515.4 1/12- 2/8/02 001 - 156363 - 643400.00000 0.00 009723515 -4 1/12/02 - 2/8/02 20016062 009727295 -9 1/7/02- 2/5/02 001 - 061010 - 643400 -00000 0.00 009727295.9 1/7/02.2/5/02 20016062 009727285.0 1/7/02- 2/5/02 001- 061010 - 643400.00000 0.00 009727285 -0 1/7/02- 2/5/02 20016032 009738135 -4 1/2/02- 2/8/02 001 - 156363 - 643400 -00000 0.00 009738135 -4 1/2/02- 2/8/02 CHECK NO 571810 VENDOR 351230 - FLORIDA WATER SERVICES 20015674 AFPI FEES/ S MARCO BCH 346 - 116360- 649010.00173 0.00 204377 SVS /S MARCO BEACH 183.65 CHECK TOTAL 368.78 174.86 920.33 708.57 CHECK TOTAL 2,597.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19,054.25- 190.542.51 171.488.26 183.65 183.65 368.78 174.86 920.33 708.57 2.172.54 2.597.77 6 J 1PAGE 75 COLLIER COUNTY, FLORIDA 1 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100 601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC UCHR NET VOUCHER DESCRIPTION CHECK TOTAL 0.00 2,597.77 CHECK NO 571601 VENDOR 287120 - FLUKE ELECTRONICS 001 121143 -651950-00000 0.00 159.48 0.00 159.48 20016072 2057844 153329 REPLACEMENT BATTERY CHECK TOTAL 0.00 159.48 CHECK NO 571662 VENDOR 316800 FOCUS ENGINEERING, INC. 414 - 263611.631400.74023 0.00 25,111.94 0.00 25.111.94 20015813 #19 6127 1102 SVS. CHECK TOTAL 0.00 25,111.94 CHECK NO 571314 VENDOR 126420 FORESTRY RESOURCES 001 - 157110.641950 -00000 0.00 90.00 0.00 90.00 20016077 455392 154200 FREIGHT FOR DONATED MULCH CHECK TOTAL 0.00 90.00 CHECK NO 571764 VENDOR 346390 FORT BEND SERVICES 408 - 233312.652310 -00000 0.00 7,761.60 0.00 7,761.60 20015979 95898 204109 POLYMER CHECK TOTAL 0.00 7.761.60 CHECK NO 571723 VENDOR 336540 FORT DODGE ANIMAL HEALTH 001. 155410 - 652710.00000 0.00 860.00 0.00 860.00 20015748 793209 203165 VET MEDICINE 001-155410-652710-00000 0.00 324.00 0.00 324.00 20015748 799066 203165 VET MEDICINE CHECK TOTAL 0.00 1,184.00 CHECK NO 571358 VENDOR 157320 - FREEMAN AND FREEMAN INC. 111 - 163646.634999 -00000 0.00 4,400.00 0.00 4,400.00 20015749 #36 200545 LABOR /OVERHEAD 111. 163646 - 634999 -00000 0.00 1.760.00 0.00 1,760.00 20016038 37 200545 LABOR /OVERHEAD CHECK TOTAL 0.00 6.160.00 16JIPAGE 76 AMT NET VCHR COLLIER COUNTY, FLORIDA VCHR NET FEBRUARY 27, 2002 BOARD OF COMMISSIONERS 222.19 REPORT 100.601 SPECIAL DETAILED CHECK REGISTER 167.94 FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC VOUCHER 0.00 110.69 CHECK NO 571606 VENDOR 290310 FREIGHTLINER OF TAMPA 126.80 123.89 521 - 122410 - 646425.00000 0.00 20015750 125265P 0.00 123.89 200826 PARTS 0.00 124.48 64.84 521. 122410- 646425.00000 0.00 20015706 CM123850P 0.00 106.95 200826 CREDIT 0.00 86.66 505.80 521. 122410- 646425.00000 0.00 20015751 124048P 0.00 21.93 200826 PARTS 0.00 209.59 136.59 521 - 122410 - 646425 -00000 0.00 20015751 124433P 200826 PARTS 521 - 122410 - 646425.00000 0.00 20015750 124952P 200826 PARTS 521 - 122410. 646425-00000 0.00 20015750 125331P 200826 PARTS 521. 122410- 646425 -00000 0.00 20015751 124145P 200826 PARTS 521 - 122410 - 646425 -00000 0.00 20015751 124318P 200826 PARTS 521 - 122410 - 646425.00000 0.00 20015751 124470P 200826 PARTS 521 - 122410. 646425 -00000 0.00 20015751 124628P 200826 PARTS 521 - 122410 - 646425.00000 0.00 20015750 124213P 200826 PARTS 521. 122410- 646425 -00000 0.00 20015751 123693P 200826 PARTS 521 - 122410- 646425 -00000 0.00 20015750 125496P 200826 PARTS 521- 122410 - 646425 -00000 0.00 20015751 124101P 200826 PARTS 521 - 122410 - 646425.00000 0.00 20015751 124161P 200826 PARTS 521. 122410 - 646425 -00000 0.00 20015750 124679P 200826 PARTS 16JIPAGE 76 AMT NET VCHR DISC VCHR NET 222.19 0.00 222.19 87.50- 0.00 87.50- 167.94 0.00 167.94 87.26 0.00 87.26 110.69 0.00 110.69 126.80 0.00 126.80 123.89 0.00 123.89 123.89 0.00 123.89 124.48 0.00 124.48 64.84 0.00 64.84 106.95 0.00 106.95 86.66 0.00 86.66 505.80 0.00 505.80 21.93 0.00 21.93 209.59 0.00 209.59 136.59 0.00 136.59 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JIPAGE 77 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 2.132.00 CHECK NO 571749 VENDOR 344360 FSI CLEAN AIR 001 - 122240.646286 -00000 0.00 1,220.00 0.00 1,220.00 20015752 1610915 204043 A/C FILTER SUS 001 - 122240 - 646286 -00000 0.00 1,515.00 0.00 1.515.00 20015752 1626535 204043 A/C FILTER SVS 001 - 122240 - 646286.00000 0.00 2.422.00 0.00 2,422.00 20015752 1621098 204043 A/C FILTER SUS CHECK TOTAL 0.00 5.157.00 CHECK NO 571717 VENDOR 333980 - G &K SERVICES 111.156332- 652130 -00000 0.00 16.12 0.00 16.12 20015930 685483 1/25 201438 101-163630-652130-00000 0.00 49.30 0.00 49.30 20015590 682311 1/21 200025 UNIFORMS 408-253221-652130-00000 0.00 65.25 0.00 65.25 20015593 685473 1/25 200420 UNIFORMS 408-253250-652130-00000 0.00 38.15 0.00 38.15 20015599 685472 1/25 201628 UNIFORMS 470-173441-652130-00000 0.00 38.45 0.00 38.45 20015597 685451 1/25 201191 UNIFORMS 111-156332-652130-00000 0.00 16.12 0.00 16.12 20015930 681478 1/18 201438 001-156363-652130-00000 0.00 12.09 0.00 12.09 20015930 683890 1/23 201438 111-156332-652130-00000 0.00 47.55 0.00 47.55 20015930 683889 1/23 201438 001-156363-652130-00000 0.00 44.33 0.00 44.33 20015930 682305 1121 201438 111-156332-652130-00000 0.00 4.03 0.00 4.03 20015930 683890 1/23 201438 111-156332-652130-00000 0.00 30.41 0.00 30.41 20015930 682320 1/21 201438 COLLIER COUNTY, FLORIDA 1 6 J I PAGE 78 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 408 - 233313. 652130.00000 0.00 17.14 0.00 17.14 20015594 682318 1/21 200658 UNIFORMS 001 - 172930. 652130 -00000 0.00 64.09 0.00 64.09 20015600 683891 1/23 202113 UNIFORMS 111. 156334. 652130.00000 0.00 30.41 0.00 30.41 20015930 683067 1/22 201438 111 - 156390 - 652130 -00000 0.00 3.22 0.00 3.22 20015930 682299 1/21 201438 111. 156332 - 652130 -00000 0.00 16.12 0.00 16.12 20015930 685480 1/25 201438 001 - 156363 - 652130 -00000 0.00 44.33 0.00 44.33 20015930 678318 1/14 201438 111 - 156343 - 634999 -00000 0.00 1.44 0.00 1.44 20015598 683067 1/22 201438 MOPS 408. 253211- 652130.00000 0.00 84.72 0.00 84.72 20015592 682300 1/21 200384 UNIFORMS 111 - 156332. 652130 -00000 0.00 28.21 0.00 28.21 20015930 682299 1121 201438 CHECK TOTAL 0.00 651.48 CHECK NO 571733 VENDOR 339190 G &K SERVICES 101 - 163620 - 652130 -00000 0.00 80.93 0.00 80.93 20015596 683073 1/22 201127 UNIFORMS 20015591 682316 1121 109 - 182602 - 652130 -00000 0.00 0.00 3.86 1.95 109 - 182901 - 652130.00000 66.22 0.00 72.03 109 - 182901. 652990 -00000 0.00 200069 UNIFORMS 521 - 122410. 652130 -00000 0.00 123.85 0.00 123.85 20015595 683888 200954 UNIFORMS CHECK TOTAL 0.00 276.81 CHECK NO 571198 VENDOR 7400 - GALE RESEARCH COMPANY 355. 156190- 766100 -00000 0.00 44.17 0.00 44.17 20015920 11322033 200549 355 - 156190 - 766100.00000 0.00 413.34 0.00 413.34 20015920 11326905 200549 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 79 FEBRUARY BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK TOTAL 0.00 457.51 CHECK NO 571197 VENDOR 7320 - GAYLORD BROTHERS, INC. 001 - 156110 - 652610 -00000 0.00 810.00 0.00 810.00 20015919 205818 201227 001. 156110- 651930 -00000 0.00 332.60 20015602 207863 001 - 156110 - 641950.00000 0.00 106.90 0.00 439.50 153211 STACK CHAIRS 001. 156110 - 652610.00000 0.00 199.90 0.00 199.90 20015576 119782 154195 BOOK LABELING CHECK TOTAL 0.00 1,449.40 CHECK NO 571804 VENDOR 350860 - GAYLORD OPRYLAND RESORT 20015729 MYYFM -M DOCK /DSJFM- BARLOW 518 - 121630- 640300 -00000 0.00 829.02 0.00 829.02 154139 M DOCK /G BARLOW 6/9 -13 CHECK TOTAL 0.00 829.02 CHECK NO 571388 VENDOR 166730 GENERAL CHEMICAL CORP 408 - 233312. 652310.00000 0.00 1,915.73 0.00 1.915.73 20015916 20104485 200609 CHEM CHECK TOTAL 0.00 1,915.73 CHECK NO 571595 VENDOR 283750 GEORGE S. EDWARDS 408.253221- 652990.00000 0.00 20,357.55 0.00 20.357.55 20015990 711156 -01 203767 CART.FILTERS CHECK TOTAL 0.00 20.357.55 CHECK NO 571653 VENDOR 313740 GLADYS R. COOKE 20015921 PEE WEE SOCCER 1/22 -2/26 111 - 156381 - 634999 -00000 0.00 65.00 0.00 65.00 201032 CHECK TOTAL 0.00 65.00 CHECK NO 571200 VENDOR 7770 - GOLDEN GATE NURSERY 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 20015925 73633 200836 TRUF 20015925 73662 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 200836 TRUF FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 80 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015925 73674 111. 163645 - 646314 -00000 0.00 45.00 0.00 45.00 200836 TRUF 20015925 73663 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 200836 TRUF 20015925 73619 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 200836 TRUF 20015925 73683 111. 163645. 646314.00000 0.00 45.00 0.00 45.00 200836 TRUF 20015925 73614 111. 163645. 646314.00000 0.00 90.00 0.00 90.00 200836 TRUF 20015925 73605 111- 163645 - 646314.00000 0.00 90.00 0.00 90.00 200836 TRUF 20015585 73644 001 - 156363 - 652255 -00000 0.00 93.40 0.00 93.40 202565 SUPPLIES 20015925 73621 111 - 163645 - 646314.00000 0.00 90.00 0.00 90.00 200836 TRUF 20015925 73611 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 200836 TRUF 20015925 73643 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 200836 TRUF 20015584 73625 001. 155410. 652210 -00000 0.00 135.00 0.00 135.00 202223 HAY 20015583 73587 408 - 253212. 646314 -00000 0.00 4.98 0.00 4.98 200223 MULCH 20015925 73651 111 - 163645 - 646314.00000 0.00 180.00 0.00 180.00 200836 TRUF 20015925 73656 111 - 163645 - 646314 -00000 0.00 45.00 0.00 45.00 200836 TRUF 20015925 73559 111 - 163645 - 646314 -00000 0.00 90.00 0.00 90.00 200836 TRUF 20015925 73664 111 - 163645 - 646314 -00000 0.00 180.00 0.00 180.00 200836 TRUF CHECK TOTAL 0.00 1,628.38 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 81 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC CHECK NO 571613 VENDOR 294550 - GOLDEN GATE WELL DRILLING 20016139 36375 191 - 138785. 884100 -33751 0.00 269.00 0.00 153714 NAVARRO #40624400004 CHECK TOTAL 0.00 CHECK NO 571551 VENDOR 264430 - GOODLETTE, COLEMAN & JOHNSON, P.A. 20016029 GUZMAN CLOSING 334 - 163650 - 761100 -60134 0.00 2.000.00 0.00 204517 GUZMAN CLOSING CHECK TOTAL 0.00 CHECK NO 571817 VENDOR 351650 GOURMET CATERING MARKET 20015922 3/14 LUNCHEON DEPOSIT 116. 121830- 649992.33297 0.00 791.25 0.00 3/14 LUNCHEON DEPOSIT CHECK TOTAL 0.00 CHECK NO 571798 VENDOR 350300 GOVCONNECTION 20015917 33168450 129. 156110- 764900 -33775 0.00 2,232.00 0.00 GOVCONNECTION CHECK TOTAL 0.00 CHECK NO 571405 VENDOR 178630 GRAINGER 20015607 287 - 885687.7 473 - 173413. 652110 -00000 0.00 16.96 0.00 153414 RAIN WEAR 20015913 287 - 679938.4 408 - 233312 - 652990 -00000 0.00 512.82 0.00 200614 20015607 507 - 885686 -0 473 - 173413 - 652110 -00000 0.00 8.48 0.00 153414 RAIN WEAR CHECK TOTAL 0.00 CHECK NO 571201 VENDOR 7900 GRAYBAR ELECTRIC CO INC 20015584 0630225831 408 - 233352 - 652910 -00000 0.00 25.68 0.00 201421 PARTS 20015926 063022 6984 111. 156332- 652991 -00000 0.00 42.76 0.00 201014 ELE PARTS 20015582 0630225184 408 - 253221 - 652990.00000 0.00 121.73 0.00 201626 PARTS FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015926 063022 -6552 201014 ELE PARTS 20015926 063022 -6330 201014 ELE PARTS 20015926 063022 -5567 201014 ELE PARTS 20015926 063022 -5093 201014 ELE PARTS 20015926 063022 -6046 201014 ELE PARTS 20015926 063022 -5425 201014 ELE PARTS 20015926 063022 -5794 201014 ELE PARTS 20015580 0630225931 200628 PARTS 20015926 063022 -7204 201014 ELE PARTS COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 355 - 156175 - 762200 -80259 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 111. 156332. 652991 -00000 0.00 111 - 156332. 652991 -00000 0.00 111 - 156332. 652991.00000 0.00 111. 156332 - 652991.00000 0.00 111. 156332- 652991.00000 0.00 111 - 156332 - 652991 -00000 0.00 111 - 156332 - 652991.00000 0.00 408 - 233312. 655200.00000 0.00 111 - 156332 - 652991.00000 0.00 CHECK NO 571277 VENDOR 106610 - GRAYBAR ELECTRICAL SUPPLY 20015570 0620831022 355 - 156175 - 762200 -80259 104627 PARTS 0.00 20015570 0620841890 355 - 156175. 762200 -80259 104627 PARTS 0.00 20015570 0620830902 355 - 156175. 762200 -80259 104627 PARTS 0.00 CHECK NO 571503 VENDOR 239140 - GREAT AMERICA LEASING CORPORATION 20015928 2236236 2/1 -3/1 408 - 210105 - 644620.00000 200183 2/1 -3 /LEASING CORPORATION CHECK NO 571641 VENDOR 308520 - GREGORY GONZALES 16JI PAGE 82 AMT NET VCHR DISC 101.69 0.00 84.03 0.00 178.80 0.00 387.84 0.00 281.64 0.00 47.04 0.00 168.06 0.00 21.17 0.00 101.69 0.00 CHECK TOTAL 0.00 0.00 160.00 0.00 160.00 0.00 252.00- 0.00 252.00- 0.00 252.00 0.00 252.00 CHECK TOTAL 0.00 160.00 0.00 489.00 0.00 489.00 CHECK TOTAL 0.00 489.00 COLLIER COUNTY, FLORIDA 16JI PAGE 83 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 20015924 TENNIS LESONS 1/15 -2/28 111.156341- 634999 -00000 0.00 728.00 0.00 728.00 TENNIS LESSONS 1/15 -2/28 CHECK TOTAL 0.00 728.00 CHECK NO 571293 VENDOR 114510 GRIFFITH PAVING 001.122240- 634999 -00000 0.00 920.00 0.00 920.00 20015608 6004 152749 CARSTOPS CHECK TOTAL 0.00 920.00 CHECK NO 571628 VENDOR 299230 GUARDIAN PERSONAL STORAGE 20015912 D2 -153 STORAGE MARCH 111 - 156425.644170 -00000 0.00 58.00 0.00 58.00 D2.153 STORAGE MARCH CHECK TOTAL 0.00 58.00 CHECK NO 571702 VENDOR 329670 GULF ANESTHESIA 001 - 155930.631210 -00000 0.00 284.38 0.00 284.38 20015610 W SILVA 1/22 154079 W SILVA 1/22 001. 155930.631210 -00000 0.00 166.08 0.00 166.08 20015610 A MCGEE 1/17 154079 A MCGEE 1/17 CHECK TOTAL 0.00 450.46 CHECK NO 571758 VENDOR 345360 GULF COAST LANDFILL 408- 233352 - 634999 -00000 0.00 24.755.36 0.00 24,755.36 20015823 50102 -01 201920 THRU 1/31/02 CHECK TOTAL 0.00 24,755.36 CHECK NO 571202 VENDOR 7990 GULFSHORE ANIMAL CLINIC 20016001 01 -9278 L GILL 610 - 155410. 631970 -00000 0.00 60.00 0.00 60.00 200987 SPAY /NEUTER CHECK TOTAL 0.00 60.00 CHECK NO 571841 VENDOR 900050 GULFSTREAM HOMES 301349 REF 310866 GULFSTREAM 331 - 163650.363510.00000 0.00 2.871.00 0.00 2,871.00 REF 310866 GULFSTREAM IMPACT FEES CHECK TOTAL 0.00 2,871.00 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 84 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK NO 571156 VENDOR 138840 GUY CARLTON 334- 163650 - 761100 -60134 0.00 3.399.90 0.00 3,399.90 20016030 GUZMAN CLOSING AND CHECK TOTAL 0.00 3,399.90 CHECK NO 571174 VENDOR 2730 H. F. SCIENTIFIC. INC. 408 - 233352- 652990.00000 0.00 51.74 0.00 51.74 20015603 121883 15310 CUVETTE SAMPLE PARTS CHECK TOTAL 0.00 51.74 CHECK NO 571632 VENDOR 302880 - HABITAT FOR HUMANITY OF COLLIER 121.138755- 882100 -33024 0.00 134,831.76 0.00 134.831.76 20016148 #2 203870 12/20/01- 1/20/02 CHECK TOTAL 0.00 134,831.76 CHECK NO 571786 VENDOR 348850 HAESTAT METHODS 408 - 210155.654360 -00000 0.00 295.00 0.00 295.00 20015416 96423 153747 REGIST J MCGEE 3/5 CHECK TOTAL 0.00 295.00 CHECK NO 571700 VENDOR 329170 HANSEN ELECTRICAL SUPPLY 101.163630- 652910 -00000 0.00 6,296.08 0.00 6.296.08 20015989 102705900 203759 PARTS CHECK TOTAL 0.00 6,296.08 CHECK NO 571204 VENDOR 8180 HARBORSIDE ANIMAL CLINIC 20016009 01- 9243 FRNDS OF GUMMI 610.155410- 631970 -00000 0.00 60.00 0.00 60.00 201012 SPAY /NEUTER 20015914 01 8719 K DAINIAK 610 - 155410. 631970 -00000 0.00 60.00 0.00 60.00 201012 SPAY /NEUTER 610.155410- 631970 -00000 0.00 65.00 0.00 65.00 20016009 01.9305 T SPINK 201012 SPAY /NEUTER 20015914 01 94150 S MONTSTREAM 610.155410.631970 -00000 0.00 45.00 0.00 45.00 201012 SPAY /NEUTER 20015929 01 -9144 M KANEFSKY 610 - 155410.631970.00000 0.00 75.00 0.00 75.00 201012 SPAY /NEUTER FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20016009 01 -9355 J AYOLA 201012 SPAY /NEUTER 20015929 01. 7884 C WEILER 201012 SPAY /NEUTER 20015929 01 -8673 S WANGSNESS 201012 SPAY /NEUTER 20016009 01 -9488 L EDELMAN 201012 SPAY /NEUTER 20015929 01 -8386 B HARRIS 201012 SPAY /NEUTER 20015914 01 9751 S MONTSTREAM 201012 SPAY /NEUTER 20015929 01 -8881 K CRANDALL 201012 SPAY /NEUTER 20015914 01 9300 J LEGAN 201012 SPAY /NEUTER COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 610 - 155410. 631970 -00000 0.00 610 - 155410 - 631970 -00000 0.00 610. 155410- 631970 -00000 0.00 610. 155410- 631970 -00000 0.00 610 - 155410. 631970 -00000 0.00 610. 155410- 631970.00000 0.00 610. 155410- 631970 -00000 0.00 610 - 155410- 631970.00000 0.00 16JIPAGE 85 AMT NET VCHR DISC 65.00 0.00 60.00 0.00 15.00 0.00 65.00 0.00 60.00 0.00 45.00 0.00 15.00 0.00 45.00 0.00 CHECK TOTAL 0.00 CHECK NO 571325 VENDOR 131720 - HARCROS CHEMICALS, INC. 20015908 740056813 111 - 156313 - 652311 -00000 0.00 241.04 0.00 200532 CHEM CHECK TOTAL 0.00 CHECK NO 571494 VENDOR 232340 - HARLEQUIN SALES GROUP 20015915 22097 307 - 156110 - 766100.00000 0.00 10.52 0.00 200561 CHECK TOTAL 0.00 CHECK NO 571205 VENDOR 8200 - HARMON BROTHERS ROCK CO, INC 20015601 7401 10/25 408 - 253212. 653110 -00000 0.00 207.00 0.00 201877 ROCK CHECK TOTAL 0.00 CHECK NO 571851 VENDOR 900100 - HAROLD N ADLER 301416 WITNESS REIMS H ADLER 681- 431590 - 634405.00000 0.00 5.96 0.00 #0201842TBPC WITNESS REIMB H ADLER COLLIER COUNTY, FLORIDA 1 6 J AGE 85 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 610 - 155410 - 631970.00000 0.00 65.00 0.00 65.00 20016009 01.9355 J AYOLA 201012 SPAY /NEUTER 610 - 155410- 631970 -00000 0.00 60.00 0.00 60.00 20015929 01. 7884 C WEILER 201012 SPAY /NEUTER 610. 155410- 631970 -00000 0.00 15.00 0.00 15.00 20015929 01 -8673 S WANGSNESS 201012 SPAY /NEUTER 20016009 01 -9488 L EDELMAN 610 - 155410 - 631970 -00000 0.00 65.00 0.00 65.00 201012 SPAY /NEUTER 610 - 155410. 631970 -00000 0.00 60.00 0.00 60.00 20015929 01.8386 B HARRIS 201012 SPAY /NEUTER 20015914 01 9751 S MONTSTREAM 610 - 155410 - 631970 -00000 0.00 45.00 0.00 45.00 201012 SPAY /NEUTER 20015929 01 -8881 K CRANDALL 610 - 155410 - 631970 -00000 0.00 15.00 0.00 15.00 201012 SPAY /NEUTER 610 - 155410 - 631970 -00000 0.00 45.00 0.00 45.00 20015914 01 9300 J LEGAN 201012 SPAY /NEUTER CHECK TOTAL 0.00 675.00 CHECK NO 571325 VENDOR 131720 HARCROS CHEMICALS, INC. 111. 156313 - 652311.00000 0.00 241.04 0.00 241.04 20015908 740056813 200532 CHEM CHECK TOTAL 0.00 241.04 CHECK NO 571494 VENDOR 232340 HARLEQUIN SALES GROUP 307 - 156110 - 766100.00000 0.00 10.52 0.00 10.52 20015915 22097 200561 CHECK TOTAL 0.00 10.52 CHECK NO 571205 VENDOR 8200 HARMON BROTHERS ROCK CO, INC 408- 253212. 653110 -00000 0.00 207.00 0.00 207.00 20015601 7401 10/25 201877 ROCK CHECK TOTAL 0.00 207.00 CHECK NO 571851 VENDOR 900100 HAROLD N ADLER 301416 WITNESS REIMB H ADLER 681 - 431590 - 634405 -00000 0.00 5.96 0.00 5.96 #0201842TBPC WITNESS REIMB H ADLER PAGE 86 16JI COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 5.96 CHECK TOTAL 0.00 CHECK NO 571682 VENDOR 323370 HARRIS COUNTY CHILD SUPPORT 001 - 000000 - 218810.00000 0.00 179.08 0.00 179.08 20016125 PP #11 PP #11 CHECK TOTAL 0.00 179.08 CHECK NO 571278 VENDOR 106690 HAZEN & SAWYER, ENGINEERS 414 - 263611.631400.73031 0.00 0.00 20016149 #39 413 - 263611 - 631400 -73031 0.00 139,635.50 413 - 263611.763100 -74024 0.00 0.00 413 - 263611- 631400 -74024 0.00 0.00 413 - 263611 - 763100.73077 0.00 0.00 413 - 263611- 631400 -73950 0.00 0.00 414 - 263611 - 631400.73067 0.00 0.00 0.00 139,635.50 413 - 263611 - 631400 -73077 0.00 0.00 603943 12/01 CHECK TOTAL 0.00 139,635.50 CHECK NO 571424 VENDOR 187670 - HEALTH FORCE 140.00 123 - 155975.634104.33075 0.00 140.00 0.00 20015588 D HUDSON 1/28 -2/3 154132 D HUDSON 1/28 -2/3 35.00 123-155975-634104-33075 0.00 35.00 0.00 20015587 D HUDSON 1/25/02 154131 D HUDSON 1/25/02 CHECK TOTAL 0.00 175.00 CHECK NO 571743 VENDOR 343340 - HEFTY TRUCKING INC 111.156332- 646381 -00000 0.00 195.14 0.00 195.14 20015586 11318 153168 LIME ROCK 195.14 CHECK TOTAL 0.00 CHECK NO 571677 VENDOR 322600 HELENA CHEMCAL, CO. 408- 233351- 652310 -00000 0.00 981.20 0.00 981.20 20015907 22721924 203981 ROUNDUP 981.20 CHECK TOTAL 0.00 CHECK NO 571535 VENDOR 255910 HELENE CASELTINE 34.80 H CASELTINE 001 - 138710 - 640200 -00000 0.00 34.80 0.00 20015418 2/12.14 TRVL 2/12 -14 TRVL H CASELTINE FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JIPAGE 87 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 34.80 CHECK NO 571772 VENDOR 347490 - HISTORIC PRESERVATION SERVICES 2,000.00 20015918 2 /11 D GOODWIN 198- 157440 - 634999.00000 0.00 2,000.00 0.00 202942 CHECK TOTAL 0.00 2.000.00 CHECK NO 571206 VENDOR 8810 - HOLE MONTES AND ASSOC INC 5 496.192340- 631400 -33327 0 0.00 5 5.923.75 0 0.00 5,923.75 20016153 42914 103671 12/22/01- 1/25/02 413 - 263611- 631400.73949 0 0.00 1 12,311.47 0 0.00 12,311.47 20016165 42615 202328 10/27- 11/23/01 496 - 192340 - 631400 -33327 0 0.00 2 2,354.80 0 0.00 2.354.80 20016152 42913 103672 12/22/01- 1/25/02 413. 263611 - 631400 -73949 0 0.00 3 3,020.00 0 0.00 3,020.00 20016165 42787 202328 11/24- 12/21/01 496 - 192340.631400 -33383 0 0.00 4,240.00 0 0.00 4 4,240.00 20016151 42911 106876 12/22/01- 1/25/02 414 - 263611.631410 -73069 0 0.00 725.00 0 0.00 7 725.00 20016164 42885 496 - 192341.631400 -33330 0 0.00 5 5.988.00 0 0.00 5.988.00 20016155 42916 7479 12/22/01- 1/25/02 496.192340.631400.33343 0 0.00 9 9.011.60 0 0.00 9 9,011.60 20016154 42917 4 496.192340- 631400.33327 0 0.00 0.0 0 103670 12/22/01- 1/25/02 CHECK TOTAL 0 0.00 4 43.574.62 CHECK NO 571375 VENDOR 164250 - HOME DEPOT 177.20 306-116360-763100-80087 0 0.00 177.20 0 0.00 1 20015909 6011306 1/16 201759 MATERIALS 368 - 116360 - 763100.80604 0 0.00 63.04 0 0.00 6 63.04 20015910 .8020528 203853 BUILD MATERIALS 306-116360-763100-80087 0 0.00 221.67 0 0.00 2 221.67 20015909 3020877 1/29 201759 MATERIALS 306-116360-763100-80087 0 0.00 75.16 0 0.00 7 75.16 20015909 4011492 1/18 PAGE 88 16JI COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 368. 116360 - 763100.80604 0.00 142.48 0.00 142.48 20015910 70128748 203853 BUILD MATERIALS 306.116360- 763100 -80087 0.00 230.23 0.00 230.23 20015909 63480137596 1/26 201759 MATERIALS CHECK TOTAL 0.00 909.78 CHECK NO 571699 VENDOR 328710 - HOME DEPOT 408-253212-652990-00000 0.00 17.34 0.00 17.34 20015604 8020471 15257 FORM BOARDS CHECK TOTAL 0.00 17.34 CHECK NO 571832 VENDOR 900030 - HOPE PEREZ 001-121810-640300-00000 0.00 7.54 0.00 7.54 301400 1/25 TRVL H PEREZ 1/25 TRVL H PEREZ CHECK TOTAL 0.00 7.54 CHECK NO 571583 VENDOR 279710 HORVATH ELECTRIC MOTORS 408.253212- 634999.00000 0.00 148.50 0.00 148.50 20015911 5026 200230 ELECTRIC 408 - 253211 - 634999 -00000 0.00 10,823.40 0.00 10,823.40 20015991 5043 201801 408 - 253211 - 634999 -00000 0.00 2,103.15 0.00 2,103.15 20015991 5035 201801 408. 253212 - 634999 -00000 0.00 783.95 0.00 783.95 20015911 5016 200230 ELECTRIC CHECK TOTAL 0.00 13,859.00 CHECK NO 571556 VENDOR 266220 - HOWARD R. BOURDAGES M.D. 001. 155930.631210 -00000 0.00 29.25 0.00 29.25 20015609 E SANCHEZ 1/31/02 154080 E SANCHEZ 1/31/02 CHECK TOTAL 0.00 29.25 CHECK NO 571321 VENDOR 127370 - HOWCO ENVIRONMENTAL SERVICES, LTD. 470 - 173441.634999.00000 0.00 28.00 0.00 28.00 20015903 70018509 201377 1/25 IPAGE 89 16J COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK TOTAL 0.00 28.00 CHECK NO 571337 VENDOR 140240 HUGHES SUPPLY INC. 408 - 253212.655100 -00000 0.00 1,864.68 0.00 1.864.68 20015900 36749391 -01 200233 PARTS CHECK TOTAL 0.00 1,864.68 CHECK NO 571622 VENDOR 296660 HUMANE SOCIETY OF COLLIER CO INC 610. 155410 - 631970 -00000 0.00 75.00 0.00 75.00 20015904 02 -9620 D JORDON 201018 SPAY /NEUTER 610-155410-631970-00000 0.00 75.00 0.00 75.00 20016010 01 -8861 V TURNER 201018 SPAY /NEUTER 610-155410-631970-00000 0.00 75.00 0.00 75.00 20015904 01.9352 M SCHRYVER 201018 SPAY /NEUTER 610-155410-631970-00000 0.00 60.00 0.00 60.00 20016010 01 -8915 G LUCIA 201018 SPAY /NEUTER CHECK TOTAL 0.00 285.00 CHECK NO 571787 VENDOR 349370 - HUNGRY HOWIE'S 111-156425-652210-00000 0.00 29.95 0.00 29.95 20015905 PIZZA 1/25 203695 PIZZA 1/25 CHECK TOTAL 0.00 29.95 CHECK NO 571207 VENDOR 9020 HYDRAULIC HOSE AND EQUIP 521 - 122410 - 646425.00000 0.00 150.72 0.00 150.72 20015906 097465 202312LIC HOSE AND EQUIP CHECK TOTAL 0.00 150.72 CHECK NO 571602 VENDOR 288120 ICMA DISTRIBUTION CENTER 20015589 CAREER PUBS 001 - 121810 - 654110 -00114 0.00 0.00 29.90 6.50 0.00 36.40 001 - 121810 - 641950 -00000 153669 CAREER PUBS CHECK TOTAL 0.00 36.40 CHECK NO 571329 VENDOR 134560 ICMA RETIREMENT TRUST -457 001 - 000000.217001 -00000 0.00 27.638.73 0.00 27.638.73 20016113 PP #11 PP #11 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571330 VENDOR 134950 - IMMOKALEE DISPOSAL COMPANY 16JIPAGE 90 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 27,638.73 20016002 2/02 FRANCHISE FEE 473 - 173412 - 313720.00000 0.00 860.99- 0.00 860.99- 200856 2/02 FRANCHISE FEE 20016002 2/02 COLLECTIONS 473 - 173412 - 634800 -00000 0.00 27,888.35 0.00 27,888.35 200856 2/02 MANDATORY COLLECTIONS CHECK TOTAL 0.00 27,027.36 CHECK NO 571348 VENDOR 147920 - IMMOKALEE WATER & SEWER DISTRICT 20015928 1108096100 1/31.2/4 111. 156334 - 643400 -00000 0.00 76.91 0.00 76.91 1108096100 1/31 -2/4 20015928 1110070100 1/4 -2/6 111 - 156334 - 643400 -00000 0.00 21.77 0.00 21.77 1110070100 1/4 -2/6 20016088 1130010100 1/2.1/31 001 - 061010 - 643400 -00000 0.00 1.570.38 0.00 1.570.38 1130010100 1/2.1/31 20015928 1111161100 1/3 -2/5 111 - 156334. 643400.00000 0.00 18.69 0.00 18.69 1111161100 1/3 -2/5 20015928 1110100200 1/8 -2/6 111 - 156334 - 643400.00000 0.00 175.77 0.00 175.77 1110100200 1/8 -2/6 20016088 1130014810 1/2.1/31 001. 061010- 643400.00000 0.00 427.78 0.00 427.78 1130010100 1/2 -1/31 20015928 1108090320 1/31 -2/4 111 - 156334 - 643400 -00000 0.00 18.69 0.00 18.69 1108090320 1/31 -2/4 20015894 1112090300 12/21 -1/28 198 - 157440 - 643400 -00000 0.00 49.49 0.00 49.49 1112090300 12/21.1/28 20016088 1108010300 1/3 -2/4 001. 013010- 643400.00000 0.00 409.22 0.00 409.22 1108010300 1/3 -2/4 20015928 1111160300 12/21 -1/28 111 - 156334 - 643400 -00000 0.00 122.78 0.00 122.78 1111160300 12/21.1/28 20016088 1108012000 1/3 -2/4 001 - 061010. 643400 -00000 0.00 948.22 0.00 948.22 1108012000 1/3 -2/4 20015928 1105031400 12/28 -1/30 111 - 156334. 643400 -00000 0.00 18.69 0.00 18.69 1105031400 12/28 -1/30 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 91 FEBRUARY 27, BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 20015928 1111161400 1/3 -2/5 111. 156334 - 643400 -00000 0.00 276.78 0.00 276.78 1111161400 1/3.2/5 20015927 1111160400 1/30.2/5 001 - 156150 - 643400.00000 0.00 84.33 0.00 84.33 1111160400 1/30 -2/5 CHECK TOTAL 0.00 4,219.50 CHECK NO 571439 VENDOR 196420 - IMSA 20015606 MEMBERSHIP -M BURTCHIN 101 - 163620 - 654210.00000 0.00 40.00 0.00 40.00 153327 M BURTCHIN MEMBERSHIP CHECK TOTAL 0.00 40.00 CHECK NO 571683 VENDOR 324160 IN TEL COM 355 - 156190 - 652670 -00000 0.00 137.50 0.00 137.50 20016012 003026 VIDEOS CHECK TOTAL 0.00 137.50 CHECK NO 571826 VENDOR 352240 INDEPENDENT NEWSPAPERS, INC 111 - 138317 - 649100 -00000 0.00 443.52 0.00 443.52 20015577 895103 12/31 154216 PROF SVS CHECK TOTAL 0.00 443.52 CHECK NO 571208 VENDOR 9270 INDUSTRIAL AIR PRODUCTS 20015898 36060 146. 144380- 652720.00000 0.00 45.00 0.00 45.00 200294 RENTAL 470. 173441- 652990.00000 0.00 10.00 0.00 10.00 20015899 35621 201194 RENT 470. 173441- 652990 -00000 0.00 44.90 0.00 44.90 20015899 115692 201194 RENT CHECK TOTAL 0.00 99.90 CHECK NO 571376 VENDOR 164780 INFO PLUS 111 - 156341 - 634999 -00000 0.00 374.00 0.00 374.00 20015895 102 201384 SVS CHECK TOTAL 0.00 374.00 CHECK NO 571776 VENDOR 347940 INFO PLUS INFORMATION SYSTEMS FEBRUARY 27 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 92 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VOUCHER 470 - 173463.634999 -00000 0.00 455.00 0.00 20015896 20022 203113 1/2 CHECK TOTAL 0.00 CHECK NO 571624 VENDOR 297100 INFORMATION TODAY INC 355 - 156190.766100.00000 0.00 305.05 0.00 20015578 377676 -B2 154136 BOOK CHECK TOTAL 0.00 CHECK NO 571299 VENDOR 115600 INSURANCE AND RISK MANAGEMENT SERV. 518.121630- 631990.00000 0.00 290.00 0.00 20015897 14304 201663 3/2 516 - 121650 - 631990 -00000 0.00 2,610.00 0.00 20015902 14303 201860 MARCH CHECK TOTAL 0.00 CHECK NO 571328 VENDOR 134360 . INTERNAL REVENUE SERVICE 001 - 000000.218900 -00000 0.00 50.00 0.00 20016116 PP #11 PP #11 001 - 000000. 218900-00000 0.00 50.00 0.00 20016115 PP #11 PP #11 CHECK TOTAL 0.00 CHECK NO 571496 VENDOR 234030 INTERNAL REVENUE SERVICE 001. 000000 - 218900 -00000 0.00 150.00 0.00 20016117 PP #11 PP #11 CHECK TOTAL 0.00 CHECK NO 571805 VENDOR 350990 ISLAND TITLE & GONZALO ABREU 20016136 D/P G ABREU #62100200007 191 - 138785 - 884100 -33751 0.00 5,000.00 0.00 #62100200007 G ABREU 204344 CHECK TOTAL 0.00 CHECK NO 571806 VENDOR 351070 . ISLAND TITLE & GUADALUPE CINTORA 20016137 D/P CINTORA #62255240006 191 - 138785.884100.33751 0.00 5,000.00 0.00 #62255240006 G CINTORA 204315 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 93 FEBRUARY BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 5,000.00 CHECK NO 571273 VENDOR 102860 J & M PUMP SERVICE, INC. 20015234 6444 408 - 253212.634999 -00000 0.00 237.50 0.00 237.50 152256 REPAIR PUMP CHECK TOTAL 0.00 237.50 CHECK NO 571793 VENDOR 349790 J &L CLASSROOM.COM 20015247 1248 001. 156110 - 651930 -00000 0.00 885.00 262.91 0.00 1.147.91 001. 156110 - 641950.00000 0.00 204376 CHAIRS /DOLLY CHECK TOTAL 0.00 1,147.91 CHECK NO 571493 VENDOR 231810 J. M. TODD COMPANY 408 - 253212 - 651210 -00000 0.00 20.00 0.00 20.00 20015212 71922 200282 2/6 -3/5 CHECK TOTAL 0.00 20.00 CHECK NO 571209 VENDOR 9540 JACK AND ANN'S FEED 20015690 68505 495.192330- 652990.00000 0.00 19.95 0.00 19.95 201985 SUPPLIES 20015932 65756 111 - 156349 - 652990 -00000 0.00 51.23 0.00 51.23 201490 SUPPLIES 20015690 68832 495.192330.652990 -00000 0.00 7.38 0.00 7.38 201985 SUPPLIES 20015931 67896 111. 156343 - 652990 -00000 0.00 14.63 0.00 14.63 201489 SUPPLIES 20015690 67549 495 - 192330 - 652990 -00000 0.00 4.18 0.00 4.18 201985 SUPPLIES 111 - 156343 - 652990 -00000 0.00 11.96 0.00 11.96 20015931 65497 201489 SUPPLIES CHECK TOTAL 0.00 109.33 CHECK NO 571282 VENDOR 108380 JACK QUEEN CONSTRUCTION, INC. 301 - 120402 - 762200 -80196 0.00 21,303.00 0.00 21,303.00 20015469 1561 204244 12/01 FILL FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 94 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC CHECK TOTAL 0.00 CHECK NO 571287 VENDOR 109260 JACQUELINE SILANO 20015242 1/11/02 LELY 152 - 162541.649990 -00000 0.00 263.65 0.00 203925 1/11/02 LELY CHECK TOTAL 0.00 CHECK NO 571768 VENDOR 346920 JAMES ABNEY & ASSOCIATES 322.183825.634999.00000 0.00 999.00 0.00 20015251 320 204183 IRRIGATION DESIGN SVS CHECK TOTAL 0.00 CHECK NO 571705 VENDOR 330170 - JAMES J. GUERRA, M.D. 20015237 G TARVIN 1/30/02 001.155930- 631210.00000 0.00 91.00 0.00 154081 G TARVIN 1/30/02 CHECK TOTAL 0.00 CHECK NO 571792 VENDOR 349650 . JAMES TAYLOR 20015414 3/3 -6 ADV PD J TAYLOR 301 - 121125 - 640300 -01017 0.00 75.00 0.00 3/3 -6 ADV PD J TAYLOR CHECK TOTAL 0.00 CHECK NO 571526 VENDOR 254550 - JAMES VON RINTELN 20015734 2/3 -8 TRVL J VONRINTELN 118 - 144210.640300 -33781 0.00 771.65 0.00 2/3 -8 TRVL J VONRINTELN CHECK TOTAL 0.00 CHECK NO 571807 VENDOR 351130 JANE M. MC DONALD 20015419 3/3 -6 ADV PD J MCDONALD 301 - 121125 - 640300.01017 0.00 75.00 0.00 3/3 -6 ADV PD J MCDONALD CHECK TOTAL 0.00 CHECK NO 571694 VENDOR 327050 - JANET GO 20015944 2/8 TRVL J GO 470- 173463- 640300.00000 0.00 6.00 0.00 2/8 TRVL J GO CHECK TOTAL 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 95 REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK NO 571522 VENDOR 251430 JANET POWERS 20016055 PETTY CASH 111 - 138911 - 651910 -00000 0.00 35.28 0.00 35.28 153958 - PETTY CASH CHECK TOTAL 0.00 35.28 CHECK NO 571210 VENDOR 9920 JEFFREY MCCARTNEY, M.D. P.A. 20015239 R OUELLET 1/14/02 001 - 155930. 631210 -00000 0.00 81.25 0.00 81.25 154083 R OUELLET 1/14/02 20015239 L BRADBURY 12/12 -15/01 001. 155930- 631210.00000 0.00 310.84 0.00 310.84 154083 L BRADBURY 12/12.15/01 20015239 L BRADBURY 12/20 -23/01 001. 155930 - 631210 -00000 0.00 176.15 0.00 176.15 154083 L BRADBURY 12/20 -23/01 20015239 L BRADBURY 12/6 -9/01 001 - 155930. 631210 -00000 0.00 183.57 0.00 183.57 154083 L BRADBURY 12/6.9/01 20015239 L BRADBURY 1/24/02 001 - 155930 - 631210 -00000 0.00 81.25 0.00 81.25 154083 L BRADBURY 1/24/02 20015239 B DRILICH 1/25/02 001 - 155930 - 631210.00000 0.00 81.25 0.00 81.25 154083 B DRILICH 1/25/02 CHECK TOTAL 0.00 914.31 CHECK NO 571393 VENDOR 169770 - JENNINGS ARCHITECTURAL HARDWARE 20015695 13926 001 - 122240 - 652990.00000 0.00 100.15 0.00 100.15 152755 LOCK /KEYS CHECK TOTAL 0.00 100.15 CHECK NO 571812 VENDOR 351340 - JENNY MORRIS 20015737 REIMB SSEMINAR FEES 2/12 001 - 121810 - 640300 -00000 0.00 55.00 0.00 55.00 153861 REIMB SEMINAR FEES 2/12 CHECK TOTAL 0.00 55.00 CHECK NO 571362 VENDOR 159430 - JENSEN UNDERGROUND UTILITIES 20015699 GV- LKWOOD 408- 233313 - 649990.00000 0.00 1.000.00 0.00 1.000.00 151806 REPLACE GATE VALVE CHECK TOTAL 0.00 1.000.00 27, 2002 COLLIER COUNTY, FLORIDA 111 - 163646. 646311 -00000 0.00 16JI PAGE 96 FEBRUARY REPORT 100.601 BOARD OF COMMISSIONERS 0.00 20015936 01042218 152. 162541- 646311 -00000 0.00 SPECIAL DETAILED CHECK REGISTER 20015935 1055339 -3 FOR CHECKS DATED FEBRUARY 26, 2002 203372 PARTS /DISC VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK NO 571610 VENDOR 292620 - JM TODD, INC. 20015482 01035201 20015213 71879 101. 163610- 644620.00000 0.00 379.22 0.00 379.22 20015940 200500 12/28. 1/27/02 111. 156332- 646311.00000 0.00 203480 PARTS /DISC 20015696 71921 001. 122240 - 651210.00000 0.00 171.44 0.00 171.44 153580 1/96- 2/8/02 CHECK TOTAL 0.00 550.66 CHECK NO 571211 VENDOR 10160 - JOHN COLLINS AUTO PARTS, INC. 20015211 755166 408 - 233351. 652990 -00000 0.00 17.67 0.00 17.67 201738 PARTS 20015210 755025 408 - 210130- 652990 -00000 0.00 36.03 0.00 36.03 200721 PARTS CHECK TOTAL 0.00 53.70 CHECK NO 571759 VENDOR 345490 - JOHN DEER COMPANY 20015468 05 -62968 001 - 172930 - 764990 -00000 0.00 15.306.48 0.00 15,306.48 202893 MOWER CHECK TOTAL 0.00 15,306.48 CHECK NO 571783 VENDOR 348490 - JOHN DEERE LANDSCAPES 20015935 01044604 111 - 163646. 646311 -00000 0.00 6.40 203372 PARTS /DISC 55.20 0.00 20015936 01042218 152. 162541- 646311 -00000 0.00 239.43 203428 PARTS /DISC 20015935 1055339 -3 111 - 163646 - 646311.00000 0.00 203372 PARTS /DISC 20015941 00993381 109. 182901- 646311.00000 0.00 203343 PARTS /DISC 20015482 01035201 001. 126334 - 646314 -00000 0.00 153482 PARTS /DISC 20015940 01035199 111. 156332- 646311.00000 0.00 203480 PARTS /DISC 20015702 01035245 109 - 182901 - 646311.00000 0.00 203343 PARTS /DISC 0.28- 0.00 0.49- 0.00 6.40 0.00 55.20 0.00 0.49- 0.00 1.10- 0.00 239.43 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 97 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20016141 01049657 109 - 182901. 646311.00000 0.00 268.27 0.00 268.27 203343 PARTS 20015482 01035201 001. 126334 - 646314 -00000 0.00 24.40 0.00 24.40 153482 PARTS /DISC 20015935 1060537 -3 111 - 163646 - 646311.00000 0.00 1.37- 0.00 1.37- 203372 PARTS /DISC 20015214 01049648 111 - 156334 - 646311 -00000 0.00 186.96 0.00 186.96 203484 PARTS /DISC 20015940 01035199 111 - 156332 - 646311 -00000 0.00 54.95 0.00 54.95 203480 PARTS /DISC 20015935 01044604 111 - 163646- 646311.00000 0.00 13.90 0.00 13.90 203372 PARTS /DISC 20015935 1060538.3 111 - 163646 - 646311 -00000 0.00 56.28 0.00 56.28 203372 PARTS /DISC 20015701 1055351 -3 109 - 182901. 646311 -00000 0.00 59.37 0.00 59.37 203343 PARTS /DISC 20015250 0993381.3 109- 182901 - 646311 -00000 0.00 55.20 0.00 55.20 203343 IRRIGATION PARTS 20015942 1057979 -3 109 - 182901 - 646311 -00000 0.00 22.56 0.00 22.56 203343 PARTS /DISC 20015940 1053514 -3 111 - 156332 - 646311 -00000 0.00 2.27- 0.00 2.27- 203480 PARTS /DISC 20015940 1053514 -3 111. 156332- 646311.00000 0.00 113.63 0.00 113.63 203480 PARTS /DISC 20015935 1060538 -3 111. 163646. 646311 -00000 0.00 1.13- 0.00 1.13- 203372 PARTS /DISC 20015935 1055339 -3 111 - 163646- 646311 -00000 0.00 0.13- 0.00 0.13- 203372 PARTS /DISC 20015935 01035200 111. 163646- 646311 -00000 0.00 1.84- 0.00 1.84- 203372 PARTS /DISC 20015936 01042218 152 - 162541 - 646311.00000 0.00 24.56 0.00 24.56 203428 PARTS /DISC 20015940 01042220 111 - 156332 - 646311 -00000 0.00 144.40 0.00 144.40 203480 PARTS /DISC FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015700 1063352 -3 203343 PARTS /DISC 20015935 01035200 203372 PARTS /DISC 20015703 01044615 203343 PARTS /DISC 20015214 01049648 203484 PARTS /DISC 20015940 01042220 203480 PARTS /DISC 20015935 1060537 -3 203372 PARTS /DISC COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 109. 182901 - 646311 -00000 0.00 111. 163646- 646311 -00000 0.00 109 - 182901 - 646311.00000 0.00 111 - 156334. 646311.00000 0.00 111 - 156332 - 646311.00000 0.00 111 - 163646 - 646311.00000 0.00 CHECK NO 571516 VENDOR 249880 - JOHN PAUL LANDI, M,D ... P.C. 20015236 T HAYWARD 11/7/01 001 - 155930. 631210 -00000 0.00 154084 T HAYWARD 11/7/01 CHECK NO 571435 VENDOR 193480 - JONES CHEMICAL 20015246 92565 408. 253221. 652310 -00000 0.00 202571 CAUSTIC SODA CHECK NO 571847 VENDOR 900080 - JOSEPHINE S HOLMES ESTATE 210522 AMB REF HOLMES 1 /l /00 490 - 000000- 116004 -00000 0.00 AMB REF HOLMES 007559.1 CHECK NO 571842 VENDOR 900050 - JULIE BAUMGARDNER 301409 REFUND PARKS - BAUMGARDNER 111 - 000000 - 208901 -00000 0.00 BAUMGARDNER- REFUND PARKS 301408 REFUND PARKS - BAUMGARDNER 111. 156390- 347290 -00000 0.00 BAUMGARDNER- REFUND PARKS 16JI PAGE 98 AMT NET VCHR DISC VCHR NET 270.39 0.00 270.39 91.88 0.00 91.88 448.88 0.00 448.88 3.74- 0.00 3.74- 2.89- 0.00 2.89- 68.56 0.00 68.56 CHECK TOTAL 0.00 2,189.49 162.50 0.00 162.50 CHECK TOTAL 0.00 162.50 3,169.76 0.00 3,169.76 CHECK TOTAL 0.00 3,169.76 83.76 0.00 83.76 CHECK TOTAL 0.00 83.76 1.20 0.00 1.20 20.00 0.00 20.00 CHECK TOTAL 0.00 21.20 FEBRUARY 27, 20, COUNTY 16JI PAGE 99 REPORT 100 -6002 OF SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK NO 571504 VENDOR 239450 KAREN D. ARNOLD 20015733 2/5.6 TRVL K ARNOLD 118. 144210 - 640300.33781 0.00 273.50 0.00 273.50 2/5.6 TRVL K ARNOLD CHECK TOTAL 0.00 273.50 CHECK NO 571487 VENDOR 229460 KAREN KOCSES 20015412 11/28 -2/12 TRVL K KOCSES 001 - 156175 - 640300 -00000 0.00 60.00 0.00 60.00 11/28 -2/12 TRVL K KOCSES 20015412 12/7 -1/23 TRVL K KOCSES 001 - 156175- 640200.00000 0.00 27.55 0.00 27.55 12/7 -1/23 TRVL K KOCSES CHECK TOTAL 0.00 87.55 CHECK NO 571727 VENDOR 338030 - KCCS, INC. 20015814 #3 REVISED 313.163673- 631400 -60071 0.00 51,627.50 0.00 51,627.50 106605 11/19 - 12/30/01 20015814 #4 313 - 163673. 631400.60071 0.00 39,365.45 0.00 39,365.45 106605 12/31/01- 1/27/02 CHECK TOTAL 0.00 90,992.95 CHECK NO 571419 VENDOR 184790 - KELLY A. LEE 20015465 R DURAN 00- 300,274,2275 681 - 421190 - 631020 -00000 0.00 3,160.00 681 - 421190 - 631025 -00000 0.00 146.03 0.00 3,306.03 LEE - R DURAN 00- 300,274,2275 20015470 M LARUE 00 -1527 681 - 421190 - 631020 -00000 0.00 1,315.00 681. 421190 - 631025 -00000 0.00 22.00 0.00 1,337.00 LEE - M LARUE 00 -1527 20015465 C O'BRIEN 01.8989 681. 421190 - 631020 -00000 0.00 490.00 681. 421190. 631025 -00000 0.00 12.00 0.00 502.00 LEE - C O'BRIEN 01 -8989 CHECK TOTAL 0.00 5,145.03 CHECK NO 571212 VENDOR 10690 - KELLY BLUEPRINTERS 20015217 10348 113 - 138312 - 651210 -00000 0.00 66.05 0.00 66.05 200473 SUPPLIES 20015476 10464 001.121143.651110 -00000 0.00 25.00 0.00 25.00 154104 FOAM BOARDS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 91.05 CHECK NO 571780 VENDOR 348390 KEVIN L. ERWIN CONSULTING ECOLOGIST 20015834 15838 325. 172989. 631400 -31803 0.00 103.75 0.00 103.75 203227 1 /1- 1/31/02 CHECK TOTAL 0.00 103.75 CHECK NO 571436 VENDOR 194110 KILPATRICK TURF EQUIPMENT 20015691 2712400 521 - 122410. 646425 -00000 0.00 4.15 0.00 4.15 202174 PARTS 20015218 2751900 521 - 122410 - 646425 -00000 0.00 168.70 0.00 168.70 202174 PARTS 20015691 2703700 521. 122410- 646425 -00000 0.00 4.70 0.00 4.70 202174 PARTS CHECK TOTAL 0.00 177.55 CHECK NO 571354 VENDOR 152610 KOMLINE- SANDERSON ENGINEERING CORP 20015996 M12793 408. 233312 - 655200 -00000 0.00 8,810.00 0.00 8,810.00 203730 PARTS /FREIGHT 20015996 M13373 408 - 233312 - 641950 -00000 0.00 1,356.65 0.00 1,356.65 203730 PARTS /FREIGHT CHECK TOTAL 0.00 10,166.65 CHECK NO 571637 VENDOR 305300 KONE, INC 20015216 15560873 408 - 233312 - 634999 -00000 0.00 106.00 0.00 106.00 202198 1102 20015215 15560872 408- 253221. 634999.00000 0.00 106.00 0.00 106.00 200424 1/02 CHECK TOTAL 0.00 212.00 CHECK NO 571580 VENDOR 278310 KPMG PEAT MARWICK LLP 20015464 40790149 001- 013010 - 632100 -00000 0.00 26,500.00 0.00 26,500.00 PROJ 10453552 FINAL CHECK TOTAL 0.00 26,500.00 CHECK NO 571213 VENDOR 10890 KRAFT CONSTRUCTION FEBRUARY R FLORIDA 1 1 6 J J 1 PAGE 100 REPORT 100 -6012 B BOARDEOFC F FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 101 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20016146 #2 RETAINAGE 301. 000000. 205100 -00000 0.00 23.601.60- 0.00 23,601.60- 202300 TO 1/25/02 RETAINAGE 20016146 #2 301- 120402- 762200 -80196 0.00 251,243.36 0.00 251,243.36 202300 TO 1/25/02 CHECK TOTAL 0.00 227.641.76 CHECK NO 571452 VENDOR 201000 - KRIS JAIN & ASSOCIATES INC. 20015836 0115 -1 160 - 162518 - 763100.66069 0.00 5,000.00 0.00 5,000.00 203286 THRU 2/4/02 20016156 0018 -7 412 - 273511 - 634999 -70058 0.00 540.00 0.00 540.00 7289 TO 1/10/02 CHECK TOTAL 0.00 5,540.00 CHECK NO 571788 VENDOR 349520 - KRISTEN GOGERTY 20014969 2/6 -27/02 111 - 156390 - 634999.00000 0.00 234.00 0.00 234.00 203763 GYMNASTICS 2/6 -27/02 CHECK TOTAL 0.00 234.00 CHECK NO 571407 VENDOR 179430 - KYLE CONSTRUCTION, INC. 20015636 22 -22 414 - 263611 - 634999.74023 0.00 16,200.00 0.00 16,200.00 203084 CONNECT FIRE SVS 20015637 22.23 408 - 233351 - 646980 -00000 0.00 14,475.00 0.00 14,475.00 204173 REPAIR FORCE MAIN 20015244 22 -16 408 - 253212 - 634999 -00000 0.00 1,883.29 0.00 1,883.29 204186 REPAIR MAIN BREAK CHECK TOTAL 0.00 32,558.29 CHECK NO 571389 VENDOR 167650 - L.B. SMITH INC. 20015219 P78719044 521 - 122410 - 646425 -00000 0.00 124.48 0.00 124.48 200869 PARTS 20015219 P76127044 521 - 122410 - 646425.00000 0.00 44.63- 0.00 44.63- 200869 PARTS 20015219 P75753044 521 - 122410 - 646425 -00000 0.00 44.63 0.00 44.63 200869 PARTS CHECK TOTAL 0.00 124.48 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571777 VENDOR 347970 - LASALLE COUNTY CIRCUIT CLERK 20016129 PP #11 001 - 000000- 218810 -00000 0.00 PP #11 CHECK NO 571663 VENDOR 317010 - LAUREN BEARD 20015732 2/21 MBA LUNCH L BEARD 191 - 138785 - 654360.33752 2/21 MBA LUNCH L BEARD CHECK NO 571701 VENDOR 329400 - LAWSON PRODUCTS, INC. 20015245 8933424 521 - 122410 - 646425 40000 286.50 203633 PARTS /DISC 616.32 20015245 8925275 521 - 122410 - 646425 -00000 530.82 203633 PARTS /DISC 530.82 20015692 8955907 521 - 122410 - 646425 -00000 1.34- 203633 PARTS /DISC 1.68- 20015245 8933423 521. 122410 - 646425 -00000 6.06- 203633 PARTS /DISC 6.06- 20015692 8955908 521 - 122410. 646425 -00000 5.21- 203633 PARTS /DISC 2.77- 20015245 8925275 521 - 122410. 646425 -00000 174.49 203633 PARTS /DISC 174.49 20015692 8955907 521 - 122410. 646425 -00000 139.55 203633 PARTS /DISC CHECK TOTAL 20015245 8933424 521 - 122410. 646425.00000 203633 PARTS /DISC 20015692 8955908 521. 122410 - 646425 -00000 203633 PARTS /DISC 20015245 8933423 521 - 122410 - 646425 -00000 203633 PARTS /DISC CHECK NO 571214 VENDOR 11110 - LEE CO ELECTRIC COOPERATIVE 16JIPAGE 102 AMT NET VCHR DISC 132.00 CHECK TOTAL 0.00 15.00 CHECK TOTAL 0.00 0.00 0.00 0.00 VCHR NET 132.00 132.00 15.00 15.00 0.00 286.50 0.00 286.50 0.00 616.32 0.00 616.32 0.00 530.82 0.00 530.82 0.00 1.34- 0.00 1.34- 0.00 1.68- 0.00 1.68- 0.00 6.06- 0.00 6.06- 0.00 5.21- 0.00 5.21- 0.00 2.77- 0.00 2.77- 0.00 174.49 0.00 174.49 0.00 139.55 0.00 139.55 CHECK TOTAL 0.00 1.730.62 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 103 FEBRUARY 27, 2002 REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 20015705 20195 - 168960 1/4 -2/5 101 - 163630. 643100 -00000 0.00 16.40 0.00 16.40 20195 - 168960 1/4.2/5 20015705 20195 - 101183 1/10 -2/11 001 - 156150 - 643100 -00000 0.00 351.63 0.00 351.63 20195 - 101163 1/10 -2/11 20016039 20195. 113340 1/16 -2/15 441 - 256110 - 643100.00000 0.00 815.51 0.00 815.51 20195 - 113340 1/16 -2/15 20016039 20195 - 102126 1/14 -2/13 001 - 061010 - 643100 -00000 0.00 114.23 0.00 114.23 20195 - 102126 1/14.2/13 20015705 20195 - 155678 1/8 -2/7 101 - 163630- 643100 -00000 0.00 64.77 0.00 64.77 20195 - 155678 1/8 -2/7 20015705 20195. 101180 1/10 -2/11 001 - 155810. 643100 -00000 0.00 1,812.01 0.00 1,812.01 20195 - 101180 1/10 -2/11 20015705 20195. 101440 1/10.2/11 198- 157440. 643100 -00000 0.00 18.61 0.00 18.61 20195 - 101440 1/10.2/11 20015705 20195. 137416 112 -211 001 - 081020 - 643100.00000 0.00 236.93 303.15 001 - 041010 - 643100.00000 0.00 001 - 061010 - 643100 -00000 0.00 262.92 681 - 431310 - 643100.00000 0.00 198.03 0.00 1.635.13 681. 421510- 643100.00000 0.00 634.10 20195 - 137416 1/2 -2/1 - 20015705 20195 - 154714 2/5 146 - 144380. 643100 -00000 0.00 189.43 127.72 0.00 317.15 490 - 144610 - 643100 -00000 0.00 20195 - 154714 2/5 20016039 20195 - 159280 1/21.2/20 111. 156334 - 643100 -00000 0.00 73.81 0.00 73.81 20195 - 159280 1121 -2120 CHECK TOTAL 0.00 5.219.25 CHECK NO 571833 VENDOR 900030 - LEE COMBS 301414 2/21 MBA LUNCH L COMBS 121 - 138755. 640200 -33024 0.00 30.00 0.00 30.00 2/21 MBA LUNCH L COMBS CHECK TOTAL 0.00 30.00 CHECK NO 571351 VENDOR 150520 - LEE COUNTY ELECTRIC COOPERATIVE INC. 20016147 IMMOKALEE STREET LIGHTS 121 - 138755 - 882100.33024 0.00 24.000.00 0.00 24,000.00 203908 HUD GRANT #B- 01.UC -12 -0016 CHECK TOTAL 0.00 24,000.00 COLLIER COUNTY, FLORIDA 16JI PAGE 104 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100.601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK NO 571594 VENDOR 283250 LEHIGH SAFETY SHOES 101 - 163620 - 652140 -00000 0.00 112.48 0.00 112.48 20015524 637349 200951 SAFETY SHOES CHECK TOTAL 0.00 112.48 CHECK NO 571215 VENDOR 11240 LEO'S SOD & LANDSCAPING 322. 183825. 646320 -00000 0.00 159.60 0.00 159.60 20015249 7368 202876 SOD 408. 253212- 646314 -00000 0.00 79.80 0.00 79.80 20015220 7373 201993 SOD CHECK TOTAL 0.00 239.40 CHECK NO 571852 VENDOR 900100 - LES SNYDER 301417 WITNESS REIMB - SNYDER 681- 431590 - 634405.00000 0.00 15.76 0.00 15.76 SNYDER WITNESS REIMB 01- 011451 CHECK TOTAL 0.00 15.76 CHECK NO 571378 VENDOR 165410 - LESCO SERVICE CENTER 111 - 156332. 652310.00000 0.00 635.00 0.00 635.00 20015475 8316601 153641 BIOSOLID FL CHECK TOTAL 0.00 635.00 CHECK NO 571457 VENDOR 203060 LIBRARY VIDEO COMPANY 355. 156190- 652670 -00000 0.00 162.63 0.00 162.63 20015939 W00223180001 154222 VIDEOS CHECK TOTAL 0.00 162.63 CHECK NO 571744 VENDOR 343480 LILIANA CARRENDER 20015257 2/7/02 3.5 HRS 681 - 431590 - 634402.00000 0.00 45.50 0.00 45.50 CARRENDER 2/7/02 3.5HRS 681 - 431590 - 634402.00000 0.00 78.00 0.00 78.00 20015257 2/5/02 6.0 HRS CARRENDER 2/5/02 6.OHRS CHECK TOTAL 0.00 123.50 CHECK NO 571853 VENDOR 900100 - LISA VAIGLE COLLIER COUNTY, FLORIDA 1 6 J IPAGE 105 FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 301419 WITNESS REIMB -L VAIGLE 681 - 421190 - 634405 -00000 0.00 9.32 0.00 9.32 WITNESS REIMB L VAIGLE (CAMPBELL) CHECK TOTAL 0.00 9.32 CHECK NO 571374 VENDOR 164110 LOYAL AMERICAN LIFE INSURANCE CO 001 - 000000. 218400 -00000 0.00 218.29 0.00 218.29 20016118 PP #11 PP #11 CHECK TOTAL 0.00 218.29 CHECK NO 571747 VENDOR 343660 LYN WOOD 001 - 121710 - 640300 -00000 0.00 127.22 0.00 127.22 20015943 2/12 TRVL L WOOD 2/12 TRVL L WOOD CHECK TOTAL 0.00 127.22 CHECK NO 571814 VENDOR 351460 M &W FABRICATIONS, INC. 470 - 173443 - 764990 -00000 0.00 6.000.00 0.00 6,000.00 20015998 862 204308 30 CY ROLL OFF CONT CHECK TOTAL 0.00 6,000.00 CHECK NO 571678 VENDOR 322920 - MAGGIE MCCARTY 194 - 101540 - 882100.10275 0.00 683.02 0.00 683.02 20015819 00005 -02 200013 1/25. 2/8/02 CHECK TOTAL 0.00 683.02 CHECK NO 571584 VENDOR 280100 MAIL STATION COURIER 408. 233351. 649990 -00000 0.00 106.67 20015484 17815 408 - 233352 - 649990 -00000 0.00 106.67 320.00 408 - 233312 - 649990 -00000 0.00 106.66 0.00 200945 1/16 -31/02 113 - 138312. 641950 -00000 0.00 30.00 0.00 30.00 20015227 17816 201907 1/16 -31/02 CHECK TOTAL 0.00 350.00 CHECK NO 571651 VENDOR 313400 - MALCOLM PIRNIE 470 - 173414. 634999 -00000 0.00 44,600.10 0.00 44,600.10 20015811 4037030/ #2 202894 THRU 2/1/02 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 106 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK TOTAL 0.00 44.600.10 CHECK NO 571216 VENDOR 11590 MARCO ACE HARDWARE 001 - 156363 - 652990.00000 0.00 2.76 0.00 2.76 20015228 226521 200871 SUPPLIES CHECK TOTAL 0.00 2.76 CHECK NO 571344 VENDOR 145580 MARCO AVIATION 495. 192310. 649990.00000 0.00 605.00 0.00 605.00 20015479 1/23/02 154026 ANNUAL INSPECTION CHECK TOTAL 0.00 605.00 CHECK NO 571320 VENDOR 127090 MARCO OFFICE SUPPLY 001 - 421040 - 651110 -00000 0.00 41.96 0.00 41.96 20015471 201140521 203042 SUPPLIES 001 - 421040. 651110 -00000 0.00 16.62 0.00 16.62 20015471 201140573 203042 SUPPLIES 408 - 210151 - 651110 -00000 0.00 73.74 0.00 73.74 20015248 201290634 200860 SUPPLIES 681 - 431310 - 651110 -00000 0.00 210.06 0.00 210.06 20016006 201250528 201332 SUPPLIES 20016004 201290619 490. 144618- 651110 -00000 0.00 436.53 0.00 436.53 200311 SUPPLIES 001- 432020 - 651110 -00000 0.00 58.67 0.00 58.67 20015488 202140578 202380 SUPPLIES 20016008 201280656 681 - 410710 - 651110 -00000 0.00 25.73 0.00 25.73 201339 SUPPLIES 001 - 421070 - 651110 -00000 0.00 35.89 0.00 35.89 20015689 202110621 204202 SUPPLIES 20015684 202060556 111 - 163647 - 651110 -00000 0.00 68.97 0.00 68.97 154126 PAPER 20015937 201310650 001 - 000000 - 142500 -00000 0.00 54.21 0.00 54.21 200636 PAPER 001. 000000. 142500 -00000 0.00 115.12 0.00 115.12 20015937 201300533 200636 PAPER FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015489 202050682 203515 SUPPLIES 20015689 202130658 204202 SUPPLIES 20015686 201280654 201317 SUPPLIES 20015248 201310542 200860 SUPPLIES 20015487 202010662 201883 TONER 20016003 202010541 200114 PAPER 20016006 202130541 201332 SUPPLIES 20015481 202060586 201671 SUPPLIES 20015938 201250669 201205 PAPER /SUPPLIES 20016008 202130542 201339 SUPPLIES 20015471 201150508 203042 SUPPLIES 20015471 202060717 203042 SUPPLIES 20016005 202110592 201317 SUPPLIES 20015471 201110582 203042 SUPPLIES 20015248 202010591 200860 SUPPLIES 20016005 202050623 201317 SUPPLIES 20015472 201280642 200947 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 233350- 651110.00000 0.00 001 - 421070 - 651110 -00000 0.00 681 - 421510- 651110 -00000 0.00 408 - 210151 - 651110.00000 0.00 113 - 138910. 652990 -00000 0.00 490. 144610- 651110 -00000 0.00 681 - 431310 - 651110 -00000 0.00 495. 192330- 651110.00000 0.00 470 - 173435 - 651110 -00000 0.00 681- 410710 - 651110.00000 0.00 001 - 421040. 651110 -00000 0.00 001. 421040. 651110 -00000 0.00 681 - 421510 - 651110.00000 0.00 001- 421040. 651110 -00000 0.00 408. 210151- 651110 -00000 0.00 681 - 421510- 651110 -00000 0.00 001 - 156110- 651110 -00000 0.00 001. 156130- 651110 -00000 0.00 16JIPAGE 107 AMT NET VCHR DISC 39.36 0.00 21.40 0.00 356.04 0.00 239.90 0.00 449.64 0.00 287.88 0.00 247.59 0.00 120.55 0.00 27.80 0.00 139.42 0.00 16.50 0.00 54.34- 0.00 47.90 0.00 1.18 0.00 350.40 0.00 86.40 0.00 669.03 270.67 0.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015471 202060718 203042 SUPPLIES 20015471 201150674 203042 SUPPLIES 20015248 201240533 200860 SUPPLIES 20015687 202010517 203395 SUPPLIES 20016005 202060587 201317 SUPPLIES 20016007 202130540 201337 SUPPLIES 20015937 201250536 200636 PAPER 20015685 202080533 200030 SUPPLIES 20015688 202130570 203634 PAPER 20015685 2020805550 200030 SUPPLIES 20015466 108160695 200336 SUPPLIES 20015241 112030509 106981 SUPPLIES 20016005 202050657 201317 SUPPLIES 20015480 201280630 201669 PAPER 20015485 201250671 200030 SUPPLIES 20015471 201110523 203042 SUPPLIES 20015233 201300632 200336 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001 - 421040 - 651110 -00000 0.00 001 - 421040. 651110.00000 0.00 408 - 210151 - 651110 -00000 0.00 408 - 210125. 651110.00000 0.00 681. 421510 - 651110 -00000 0.00 681. 410510- 651110 -00000 0.00 001 - 000000 - 142500 -00000 0.00 101. 163630- 651110 -00000 0.00 001 - 138710 - 651110 -00000 0.00 101 - 163630 - 651110.00000 0.00 473 - 173413 - 651110 -00000 0.00 123. 155975- 651110.33075 0.00 681. 421510- 651110 -00000 0.00 495 - 192370. 651110 -00000 0.00 101. 163630- 651110 -00000 0.00 001. 421040- 651110 -00000 0.00 473 - 173413 - 651110 -00000 0.00 16JI PAGE 108 AMT NET VCHR DISC 10.01- 0.00 0.00 0.00 485.46 0.00 59.42 0.00 37.75 0.00 91.94 0.00 71.97 0.00 51.98 0.00 139.11 0.00 142.43 0.00 328.91 0.00 169.39 0.00 23.95 0.00 47.98 0.00 35.27 0.00 54.34 0.00 221.96 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015938 202070559 201205 PAPER /SUPPLIES 20015471 201150715 203042 SUPPLIES 20015471 201140553 203042 SUPPLIES 20015240 201300577 203289 SUPPLIES 20015471 201300680 203042 SUPPLIES 20015688 201290693 203634 PAPER 20015685 202080536 200030 SUPPLIES 20015466 108210670 200336 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 470 - 173435 - 651110 -00000 0.00 001 - 421040. 651110 -00000 0.00 001 - 421040 - 651110 -00000 0.00 408 - 210105 - 651110.00000 0.00 001 - 421040 - 651110 -00000 0.00 001 - 138710 - 651110 -00000 0.00 101 - 163630- 651110.00000 0.00 473 - 173413. 651110 -00000 0.00 CHECK NO 571312 VENDOR 122850 - MARIA G. DELASHMET 16JIPAGE 109 AMT NET VCHR DISC 230.26 0.00 154.32 0.00 23.10 0.00 241.47 0.00 139.09 0.00 59.62 0.00 51.98 0.00 1.142.50 0.00 CHECK TOTAL 0.00 20015698 S LOPEZ 01 -0067 681 - 421190 - 634402 -00000 0.00 48.00 0.00 DELASHMET S LOPEZ 01 -0067 20015934 2/15 3 HRS 681- 421190 - 634402 -00000 0.00 48.00 0.00 DELASHMET 2/15 3 HRS 20015473 01 -2457 1/29/02 681 - 421190. 634402 -00000 0.00 16.00 0.00 DELASHMET 01 -2457 1/29/02 20015473 01 -2517 1/29/02 DELASHMET 01 -2517 1/29/02 681 - 421190 - 634402 -00000 0.00 16.00 0.00 20015473 01 -1884 11/28/01 DELASHMET 01 -1884 11/28/01 681 - 421190 - 634402.00000 0.00 16.00 0.00 20015934 2/14 4 HRS 681 - 421190. 634402 -00000 0.00 64.00 0.00 DELASHMET 2/14 4 HRS CHECK TOTAL 0.00 CHECK NO 571289 VENDOR 109880 - MARJORIE M. STUDENT PAGE 110 COLLIER COUNTY, FLORIDA 16JI FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 001 - 010510 - 640300 -00000 0.00 33.00 0.00 33.00 20015730 1116 -17 TRVL M STUDENT 1/16 -17 TRVL M STUDENT CHECK TOTAL 0.00 33.00 CHECK NO 571458 VENDOR 204680 MARKING DEVICES 001 - 000000 - 142900 -00000 0.00 2.00 0.00 2.00 20015229 87228 200058 STAMPS CHECK TOTAL 0.00 2.00 CHECK NO 571827 VENDOR 352310 - MARTHA PERDOMO 130 - 157710 - 634999 -00000 0.00 200.00 0.00 200.00 20015697 12/1/01 152196 12/1/01 CHECK TOTAL 0.00 200.00 CHECK NO 571557 VENDOR 266480 MARY KEIDEL 111-156349-640200-00000 0.00 58.87 0.00 58.87 20015736 1/16 -2/8 TRVL M KEIDEL 1/16 -2/8 TRVL M KEIDEL CHECK TOTAL 0.00 58.87 CHECK NO 571650 VENDOR 312600 MARYLAND CHILD SUPPORT ACCOUNT 001 - 000000 - 218810 -00000 0.00 100.00 0.00 100.00 20016127 PP #11 PP #11 CHECK TOTAL 0.00 100.00 CHECK NO 571217 VENDOR 11640 - MATTHEW BENDER 001.454010- 654110.00000 0.00 85.80 0.00 85.80 20016160 35977957 202081 FL EVID 355. 156190 - 766100.00000 0.00 66.74 0.00 66.74 20015474 36467189 154172 FL RES LANDLORD ENANT MANL CHECK TOTAL 0.00 152.54 CHECK NO 571221 VENDOR 12200 - MCCONNELLS TRUE VALUE HARDWARE 001 - 122240 - 652990 -00000 0.00 14.20 0.00 14.20 20015483 165334 201278 SUPPLIES 001 - 122240 - 652987.00000 0.00 11.41 0.00 11.41 20015483 165313 201278 SUPPLIES FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015483 165564 201278 SUPPLIES 20015483 165490 201278 SUPPLIES 20015483 165163 201278 SUPPLIES 20015483 165573 201278 SUPPLIES 20015226 165844 200983 SUPPLIES 20015222 165827 200634 SUPPLIES 20015483 165489 201278 SUPPLIES 20015225 166077 200873 SUPPLIES 20015224 165633 200792 SUPPLIES 20015225 165733 200873 SUPPLIES 20015224 165814 200792 SUPPLIES 20015483 165631 201278 SUPPLIES 20015226 165845 200983 SUPPLIES 20015483 164421 201278 SUPPLIES 20015225 164810 200873 SUPPLIES 20015483 165438 201278 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001. 122240 - 652990 -00000 0.00 001 - 122240 - 652990 -00000 0.00 001 - 122240. 652990 -00000 0.00 001. 122240- 652987 -00000 0.00 111 - 156332 - 652990 -00000 0.00 521 - 122410 - 646425-00000 0.00 001 - 122240 - 652987.00000 0.00 001 - 156363 - 652990 -00000 0.00 408. 233351. 652990 -00000 0.00 001- 156363. 652910.00000 0.00 001 - 156363. 652990 -00000 0.00 408. 233351- 652990 -00000 0.00 001 - 122240 - 652990 -00000 0.00 111 - 156332 - 652910 -00000 0.00 111 - 156332. 652990 -00000 0.00 001. 122240. 652990 -00000 0.00 001 - 156363 - 652990.00000 0.00 001. 122240- 652990 -00000 0.00 16JIPAGE 111 AMT NET VCHR DISC 8.07 0.00 5,72 0.00 49.19 0.00 13.37 0.00 6.28 0.00 6,28 0.00 6.21 0.00 21.75 0.00 64.77 0.00 16.19 7.00 0.00 1.40 0.00 21.27 0.00 80.99 14.79 0.00 84.80 0.00 2.32 0.00 2.24 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015483 165607 201278 SUPPLIES 20015483 165441 201278 SUPPLIES 20015226 165911 200983 SUPPLIES 20015221 165829 200237 SUPPLIES 20015483 165528 201278 SUPPLIES 20015224 165830 200792 SUPPLIES 20015483 164204 201278 SUPPLIES 20015224 165676 200792 SUPPLIES 20015483 165709 201278 SUPPLIES 20015483 165744 201278 SUPPLIES 20015225 165740 200873 SUPPLIES 20015226 166015 200983 SUPPLIES 20015483 165249 201278 SUPPLIES 20015483 163199 201278 SUPPLIES 20015483 165708 201278 SUPPLIES 20015483 165555 201278 SUPPLIES 20015223 165704 200716 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001. 122240 - 652987.00000 0.00 001 - 122240 - 652987 -00000 0.00 111. 156332 - 652990 -00000 0.00 408. 253212- 652990.00000 0.00 001. 122240- 652990 -00000 0.00 408 - 233351 - 652990 -00000 0.00 001 - 122240 - 652990.00000 0.00 408 - 233351 - 652990 -00000 0.00 001 - 122240. 652990 -00000 0.00 001. 122240- 652987 -00000 0.00 001 - 156363 - 652990 -00000 0.00 111 - 156332. 652990 -00000 0.00 001. 122240 - 652990 -00000 0.00 001- 122240. 652990 -00000 0.00 001 - 122240 - 652990 -00000 0.00 001 - 122240. 652990 -00000 0.00 408. 233352- 652910 -00000 0.00 16JIPAGE 112 AMT NET VCHR DISC 1.37 0.00 8.19 0.00 5.09 0.00 142.14 0.00 20.12 0.00 132.91 0.00 7.44 0.00 34.35 0.00 8.34 0.00 5.32 0.00 10.42 0.00 29.75 0.00 8.99 0.00 15.05 0.00 12.72 0.00 5.17 0.00 41.42 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015225 166047 200873 SUPPLIES 20015483 165366 201278 SUPPLIES 20015226 166008 200983 SUPPLIES 20015483 165561 201278 SUPPLIES 20015224 165817 200792 SUPPLIES 20015225 165899 200873 SUPPLIES 20015483 165712 201278 SUPPLIES 20015223 165735 200716 SUPPLIES 20015225 165531 200873 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001 - 156363. 652990 -00000 0.00 001. 122240- 652990 -00000 0.00 111 - 156332. 652990.00000 0.00 001 - 122240. 652990 -00000 0.00 408 - 233351 - 652990.00000 0.00 001 - 156363 - 652990 -00000 0.00 001 - 122240 - 652987 -00000 0.00 408 - 233352 - 652910 -00000 0.00 001 - 156363. 652990.00000 0.00 CHECK NO 571691 VENDOR 326750 - MCDONALD TRANSIT ASSOCIATES, INC. 16JIPAGE 113 AMT NET VCHR DISC 5.39 0.00 4.31 0.00 4.47 0.00 5.02 0.00 1.06 0.00 3.19 0.00 9.45 0.00 93.51 0.00 1.16 0.00 CHECK TOTAL 0.00 CHECK NO 571301 VENDOR 115820 - MERCHANTS ASSN CREDIT BUREAU INC. 20015933 10077502 490. 144618- 634999 -00000 0.00 2.70 0.00 200314 TRACE REPORTS CHECK TOTAL 0.00 126 - 138333 - 634999 -35020 0.00 43,116.02 20015997 1UO2 126. 138333- 634999.45020 0.00 22,339.60 0.00 204270 1102 CHECK TOTAL 0.00 CHECK NO 571790 VENDOR 349590 - MEDICAL EQUIPMENT EXCHANGE 123 - 155975. 634104 -33075 0.00 175.00 0.00 20015477 1895 152897 USED WHEEL CHAIR CHECK TOTAL 0.00 CHECK NO 571301 VENDOR 115820 - MERCHANTS ASSN CREDIT BUREAU INC. 20015933 10077502 490. 144618- 634999 -00000 0.00 2.70 0.00 200314 TRACE REPORTS CHECK TOTAL 0.00 COLLIER COUNTY, FLORIDA 16JIPAGE 114 FEBRUARY 27. 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK NO 571769 VENDOR 347110 - METEORLOGIX 111 - 156313 - 654110.00000 0.00 384.00 0.00 384.00 20015230 I5045257 202794 3/1- 6/1/02 111.156349. 654110 -00000 0.00 384.00 0.00 384.00 20015231 I5045266 202797 3/1- 6/1/02 CHECK TOTAL 0.00 768.00 CHECK NO 571365 VENDOR 160820 . METRO AVIATION, INC. 001 - 144510- 646860 -00000 0.00 32,548.49 0.00 32.548.49 20015999 M- 12 -01 -37 204383 800 HR INSPECTION CHECK TOTAL 0.00 32,548.49 CHECK NO 571281 VENDOR 107840 . METRO SCALE & SYSTEMS COMPANY, INC. 470 - 173432 - 634999.00000 0.00 210.00 0.00 210.00 20015232 202009 201404 QTRLY INSPECTION CHECK TOTAL 0.00 210.00 CHECK NO 571476 VENDOR 218750 - METROPOLITAN LIFE 001.000000- 217700 -00000 0.00 3,016.50 20016119 PP #11 001 - 000000 - 217710 -00000 0.00 380.10 001. 000000 - 217720 -00000 0.00 524.34 0.00 4,102.94 001 - 000000 - 217730 -00000 0.00 182.00 PP #11 CHECK TOTAL 0.00 4,102.94 CHECK NO 571478 VENDOR 220520 - MICHAEL S. FLYNN, M.D. 001- 155930 - 631210 -00000 0.00 107.25 0.00 107.25 20015238 0 MARTINEZ 1/16 154085 0 MARTINEZ 1/16 001 - 155930 - 631210.00000 0.00 445.25 0.00 445.25 20015238 0 MARTINEZ 1/24 154085 0 MARTINEZ 1/24 CHECK TOTAL 0.00 552.50 CHECK NO 571501 VENDOR 238250 . MICROMARKETING ASSOCIATES 355 - 156190 - 766100 -00000 0.00 15.00 0.00 15.00 20015478 138182 154174 BOOKS 355 - 156190.766100 -00000 0.00 63.00 0.00 63.00 20015478 138065 154174 BOOKS 6 J 1 PAGE 115 COLLIER COUNTY, FLORIDA 1 FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK TOTAL 0.00 78.00 CHECK NO 571222 VENDOR 12420 - MID CONTINENT ELECTRIC 20015467 39700001 313 - 163673- 763200 -60172 0.00 0.00 16,920.00 0.00 16,927.00 313 - 163673 - 763100 -66065 101587 PARTS CHECK TOTAL 0.00 16,927.00 CHECK NO 571223 VENDOR 12710 - MIDWEST TITLE GUARANTEE 325 - 172977 - 761200 -31101 0.00 100.00 0.00 100.00 20015693 36011 153918 TITLE GUARANTEE 325 - 172977 - 761200 -31101 0.00 100.00 0.00 100.00 20015693 36012 153918 TITLE GUARANTEE CHECK TOTAL 0.00 200,00 CHECK NO 571799 VENDOR 350580 MINNESOTA CHILD SUPPORT 001.000000- 218810.00000 0.00 109.66 0.00 109.66 20016130 PP #11 PP #11 CHECK TOTAL 0.00 109.66 CHECK NO 571519 VENDOR 250350 MISDU 001-000000-218810-00000 0.00 80.00 0.00 80.00 20016123 PP #11 PP #11 CHECK TOTAL 0.00 80.00 CHECK NO 571323 VENDOR 129260 MITCHELL & STARK CONSTRUCTION 20015816 #3 FINAL 413 - 263611 - 763100 -74012 0.00 0.00 29,260.00 0.00 29,265.00 313.163673- 763100.60071 105999 9/20. 10/09/01 413 - 000000 - 205100 -00000 0.00 49,953.20 0.00 49,953.20 20015816 #3 RETAINAGE RELEASE 105999 RETAINAGE RELEASE CHECK TOTAL 0.00 79.218.20 CHECK NO 571708 VENDOR 331300 - MONTGOMERY WATSON AMERICAS, INC. 413 - 263611.763100.73949 0.00 206,708.49 0.00 206,708.49 20016174 #1 104280 THRU 11/23/01 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 116 FEBRUARY 27. 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 413 - 000000 - 205100 -00000 0.00 10,564.93- 0.00 10,564.93- 20016174 #1 RETAINAGE 104280 THRU 11/23/01 RETAINAGE CHECK TOTAL 0.00 196,143.56 CHECK NO 571638 VENDOR 305500 - MORGAN MEDICAL CORP 001 - 155930 - 631210.00000 0.00 792.27 0.00 792.27 20015235 M PARKER 1/25/02 154086 M PARKER 1/25/02 CHECK TOTAL 0.00 792.27 CHECK NO 571310 VENDOR 122330 - MULLER'S TACK & TOG SHOPPE 001 - 156363. 652255 -00000 0.00 29.50 0.00 29.50 20015243 32485 201665 NATURAL GLO CHECK TOTAL 0.00 29.50 CHECK NO 571356 VENDOR 155630 - NACO /SOUTHEAST 001 - 000000. 217001 -00000 0.00 32.216.39 0.00 32,216.39 20016112 PP #11 PP #11 CHECK TOTAL 0.00 32.216.39 CHECK NO 571411 VENDOR 180690 NAPLES AIR FORCE 517 - 121640. 652990 -00000 0.00 228.54 0.00 228.54 20015562 534859 153936 INCENTIVE GIFTS CHECK TOTAL 0.00 228.54 CHECK NO 571224 VENDOR 13030 - NAPLES AIRPORT AUTHORITY 001- 144510 - 652410 -00000 0.00 1.739.50 0.00 1,739.50 20015982 02- 035330 200569 FUEL FLOWAGE FEE CHECK TOTAL 0.00 1,739.50 CHECK NO 571225 VENDOR 13080 - NAPLES ARMATURE WORKS 408. 253211. 655100 -00000 0.00 40.53 0.00 40.53 20015556 63144 201804 REBUILD KITS 12/28 408. 233351- 655200 -00000 0.00 32.84 0.00 32.84 20015557 63705 200799 V -BELT 1/30 001. 172930 - 652990.00000 0.00 22.95 0.00 22.95 20015558 63646 150297 GLOVE,LG 1/28 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC CHECK NO 571226 VENDOR 13230 - NAPLES COMMUNITY HOSPITAL 20015540 TARVIN,G - 12/1/01 001. 155930 - 634101 -00000 8118 201864 TARVIN, 12/1 STILES,D.00- 2899CFA 20015540 PAYNE,K 12/8/01 001 - 155930 - 634101 -00000 20015984 201864 PAYNE, 12/8 724.59 20015540 GARCIA,R - 12/28/01 001 - 155930 - 634101 -00000 681 - 410310 - 633043.00000 201864 - GARCIA, 12/28 724.59 20015540 GARCIA,R - 1/14/02 001 - 155930 - 634101 -00000 0.00 201864 - GARCIA, 1/14 8117 CHECK NO 571227 VENDOR 13240 - NAPLES COMMUNITY HOSPITAL 20015555 GARCIA,R- 1/16/02 001 - 155930. 634112 -00000 201867 GARCIA,R.1 /16/02 CHECK NO 571542 VENDOR 259460 - NAPLES COURT REPORTING, INC. 16JI PAGE 117 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 96.32 0.00 257.50 681 - 410310 - 633032 -00000 20015984 8118 724.59 0.00 STILES,D.00- 2899CFA 0.00 343.60 0.00 681. 410310- 633032 -00000 20015984 8128 0.00 724.59 HICKOK 01- 850CFA CHECK TOTAL 0.00 2,050.28 681 - 410310 - 633043.00000 20015992 T -2537 724.59 COOK,J.00- 2762CFA 0.00 724.59 0.00 681 - 410310 - 633032 -00000 20015984 8117 0.00 30.00 WEBER,F.02 -151CP 30.00 0.00 59.50 681- 410310. 633032 -00000 20015984 8108 30.00 0.00 DILLARD,J.00.2848CFA 0.00 30.00 0.00 681 - 410310 - 633051 -00000 20015992 7190 -2 0.00 40.00 SONNERBERG 01- 1734CFA 64.40 0.00 64.40 681 - 410310 - 633022.00000 20015984 T -2547 30.00 AYALA,E.00.494CFA 681. 410310- 633032 -00000 20015992 8050 RAMOS,L.02 -56CP 16JI PAGE 117 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 96.32 0.00 257.50 0.00 257.50 0.00 724.59 0.00 724.59 0.00 343.60 0.00 343.60 0.00 724.59 0.00 724.59 CHECK TOTAL 0.00 2,050.28 0.00 724.59 0.00 724.59 CHECK TOTAL 0.00 724.59 0.00 30.00 0.00 30.00 0.00 30.00 0.00 30.00 0.00 59.50 0.00 59.50 0.00 30.00 0.00 30.00 0.00 30.00 0.00 30.00 0.00 40.00 0.00 40.00 0.00 64.40 0.00 64.40 0.00 30.00 0.00 30.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015992 8116 FOX,S.01- 2468CFA 20015992 8065 FEGUEROA O1.1360CJA 20015992 5982 -2 EDWARDS,A.00- 736CFA 20015992 7274 -1 SONNERBERG 01- 1734CFA 20015984 8097 WILLIAMS,R.01- 2047CFA 20015992 8119 GROMER,M.00 -14CFA 20015992 8087 FIERO,L.02 -98 -CP 20015984 8045 RODRIGUEZ,J.01- 2100CFA 20015992 8115 BEAUCHAMP 01- 231CFA 20015984 8113 L'HOMMEUS 01- 1489CFA 20015992 7196 -2 SONNERBERG O1.1734CFA 20015984 T -2546 AYALA,E.00- 494CFA 20015992 6954 -1 BURGESS,T.00- 1515CFA 20015992 7223.1 PINEDA,I.00.2141CFA 20015992 7223 -1 PINEDA,I.00- 2141CFA 20015984 8064 -1 BENITEZ,J.01- 2493CFA 20015984 8067 CABEZAZ 01- 0210CFA COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 681- 410310. 633032 -00000 0.00 681 - 410310 - 633032.00000 0.00 681. 410310. 633051 -00000 0.00 681. 410310- 633041 -00000 0.00 681 - 410310 - 633032 -00000 0.00 681. 410310- 633032.00000 0.00 681 - 410310 - 633032.00000 0.00 681. 410310- 633032 -00000 0.00 681 - 410310 - 633032.00000 0.00 681 - 410310 - 633032 -00000 0.00 681 - 410310 - 633051 - 00000 0.00 681 - 410310 - 633022 -00000 0.00 681 - 410310. 633043 -00000 0.00 681- 410310. 633052.00000 0.00 681 - 410310. 633042 -00000 0.00 681- 410310 - 633042 -00000 0.00 681 - 410310 - 633032 -00000 0.00 16JI PAGE 118 AMT NET VCHR DISC 30.00 0.00 45.00 0.00 58.40 0.00 171.00 0.00 30.00 0.00 30.00 0.00 30.00 0.00 45.00 0.00 30.00 0.00 45.00 0.00 36.80 0.00 1,794.00 0.00 71.25 0.00 5.00 0.00 117.00 0.00 198.00 0.00 30.00 0.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015984 8147 HERNANDEZ,R.01- 1652CFA 20015984 8123 HERNANDEZ,R.01- 1654CFA 20015992 7270 -1 CARTER,C 01- 1985CFA 20015992 8075 CONZELMAN,E.01- 1956CFA 20015984 8126 CONZELMAN,E.01.1956CFA 20015984 8142 BROWN,S.01- 1483CF 20015984 8141 KEMP,T.01.1648CF COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 571295 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 681- 410310. 633033 -00000 0.00 681 - 410310. 633033 -00000 0.00 681 - 410310 - 633041.00000 0.00 681 - 410310 - 633032 -00000 0.00 681. 410310 - 633032 -00000 0.00 681 - 410310 - 633032 -00000 0.00 681 - 410310 - 633032 -00000 0.00 CHECK NO 571295 VENDOR 115170 - NAPLES CUSTOM HITCH & TRAILER SALES 20015553 48381 20015767 521 - 122410- 646425 -00000 111 - 156341 - 648170.00000 200917 PARTS 2/5 130. 157710. 648170 -00000 30.00 204409 ADS 1/02 30.00 521 - 122410 - 646425 -00000 20015553 48391 30.00 200466 - ADS, 2/2-4 30.00 200917 PARTS 2/6 113- 138312. 649100 -00000 20015554 48148 3,569.35 521 - 122410 - 646425 -00000 0.00 200917 ADAPTORS 1/29 161.57 CHECK NO 571229 VENDOR 13300 - NAPLES DAILY NEWS 20015538 1996991/053926 113. 138312- 649100.00000 30.00 200466 - ADS, 2/2 -4 30.00 20015767 1991148/002772 111 - 156341 - 648170.00000 309.00 0.00 130. 157710. 648170 -00000 30.00 204409 ADS 1/02 30.00 20015538 1996997/053926 113 - 138312. 649100 -00000 30.00 200466 - ADS, 2/2-4 30.00 20015538 1996993/053926 113- 138312. 649100 -00000 CHECK TOTAL 200466 - ADS, 2/2 -4 3,569.35 16JI PAGE 119 AMT NET VCHR DISC VCHR NET 30.00 0.00 30.00 30.00 0.00 30.00 309.00 0.00 309.00 30.00 0.00 30.00 30.00 0.00 30.00 30.00 0.00 30.00 30.00 0.00 30.00 CHECK TOTAL 0.00 3,569.35 0.00 32.35 0.00 32.35 0.00 47.65 0.00 47.65 0.00 54.67 0.00 54.67 CHECK TOTAL 0.00 134.67 0.00 257.34 0.00 257.34 0.00 2,511.04 0.00 235.41 0.00 2,746.45 0.00 161.57 0.00 161.57 0.00 167.85 0.00 167.85 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015547 1996987/029507 200413 ADS 2/2.4 20015538 1996973/001230 200466 - ADS, 2/2.4 20015538 1996999/053926 200466 - ADS, 2/2 -4 20015559 1995533/1094680 154007 ADS -2/1 -4 20016054 1997004/053926 200513 - ADS, 2/2 -4 20015538 1997002/053926 200466 - ADS, 2/2 -4 20015559 1995534/1094680 154007 ADS -2/1 -4 20015538 1996992/053926 200466 - ADS, 2/2 -4 20016054 1996976/001230 200513 - ADS, 2/2 -4 20015561 1995355/001230 152265 AD 2/1 20015538 1996996/05326 200466 - ADS, 2/2 -4 20015538 1997003/053926 200466 - ADS, 2/2 -4 20015560 1995535/1094680 153986 ADS -2/1 -4 20015538 1997000/053926 200466 - ADS, 2/2 -4 20015538 1996994/053926 200466 - ADS, 2/2 -4 20015760 1995353/001230 154181 AD 2/1/02 20015538 1996995/053926 200466 - ADS, 2/2 -4 COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 495 - 192310 - 648160.00000 0.00 113 - 138312 - 649100 -00000 0.00 113 - 138312. 649100 -00000 0.00 495. 192370- 648160 -00000 0.00 111 - 138317. 649100.00000 0.00 113 - 138312 - 649100 -00000 0.00 495. 192370. 648160 -00000 0.00 113 - 138312 - 649100 -00000 0.00 111 - 138317 - 649100 -00000 0.00 408. 210105- 648160 -00000 0.00 113. 138312- 649100 -00000 0.00 113 - 138312 - 649100.00000 0.00 001. 121810 - 648160 -00000 0.00 113 - 138312. 649100 -00000 0.00 113. 138312- 649100 -00000 0.00 113 - 138913 - 649100 -00000 0.00 113 - 138312 - 649100 -00000 0.00 16JI PAGE 120 AMT NET VCHR DISC 26.55 0.00 298.36 0.00 175.70 0.00 11.35 0.00 45.39 0.00 164.71 0.00 105.15 0.00 279.32 0.00 112.90 0.00 221.23 0.00 108.19 0.00 164.71 0.00 168.80 0.00 200.82 0.00 222.80 0.00 210.24 0.00 166.28 0.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015538 1996998/053926 200466 - ADS, 2/2-4 20015546 1997782/057522 106212 AD -2/8 20015538 1997001/053926 200466 - ADS, 2/2 -4 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 113 - 138312 - 649100 -00000 0.00 126 - 138332. 649100 -33202 0.00 113 - 138312 - 649100 -00000 0.00 CHECK NO 571693 VENDOR 326860 - NAPLES DAILY NEWS 20015564 1996975/001230 413. 263611- 649100 -73949 153339 ADS 2/2.4 20015754 1997748/001230 413 - 263611- 649100 -73949 153665 AD 2/7 CHECK NO 571230 VENDOR 13340 - NAPLES DIAGNOSTIC IMAGING 20015551 ILISMA,M 1/14/02 001- 155930 - 631990 -00000 201863 ILISMA,M 1/14/02 20015551 CALANA,M- 1/18/02 001. 155930 - 631990.00000 201863 CALANA.M. 1/18/02 CHECK NO 571231 VENDOR 13370 - NAPLES FEED & SEED. INC. 20015552 16902 001 - 155410 - 652210 -00000 202452 ANIMAL SUPPL.1 /30 20015552 16925 001 - 155410 - 652210.00000 202452 ANIMAL SUPPL. 2/5 CHECK NO 571394 VENDOR 172110 - NAPLES FUNERAL HOME 20015550 JAKERIA,C.1 /25/02 001 - 155930. 634150 -00000 201871 JAKERIA 1/25 20015550 MARTINEZ,S.2 /1/02 001. 155930- 634150.00000 201871 MARTINEZ.S.2 /1/02 16JIPAGE 121 AMT NET VCHR DISC VCHR NET 169.42 0.00 169.42 48.53 0.00 48.53 155.29 0.00 155.29 CHECK TOTAL 0.00 6,388.95 0.00 269.90 0.00 269.90 0.00 332.70 0.00 332.70 CHECK TOTAL 0.00 602.60 0.00 653.25 0.00 0.00 55.25 0.00 CHECK TOTAL 0.00 0.00 104.60 0.00 0.00 405.97 0.00 CHECK TOTAL 0.00 0.00 300.00 0.00 0.00 300.00 0.00 CHECK TOTAL 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571445 VENDOR 197570 - NAPLES GRAPHICS & PRINTING, INC. 20015565 38337 198 - 157430 - 647110 -00000 0.00 154120 REPRINT MUSEUM BROCH. CHECK NO 571563 VENDOR 271100 - NAPLES HEART CENTER 20015563 COLLINS,J. 12/4/01 001 - 155930. 631210 -00000 154087 COLLINS,J. 12/4/01 20015563 FREDERICK,C. 12/7/01 001 - 155930 - 631210 -00000 154087 FREDERICK,C. 12/7/01 CHECK NO 571284 VENDOR 108550 - NAPLES MEDICAL CENTER 20015541 MAY,V - 1/21/02 001.155930- 631210.00000 58.50 201872 - MAY, 1/21 58.50 20015541 DISTEL,J - 1/18/02 001 - 155930 - 631210 -00000 109.20 201872 - DISTEL, 1/18 60.45 20015541 KEARNS,J . 1/5.10/02 001 - 155930.631210.00000 60.45 201872 - KEARNS, 1/5 -10 60.45 20015541 KEARNS,J - 1/11/02 001 - 155930 - 631210.00000 601.25 201872 KEARNS, 1 /11 102.70 20015541 MAY,V 1/11/02 001 - 155930.631210 -00000 44.20 201872 MAY, 1 /11 44.20 20015541 SILVA,WM - 1/22/02 001 - 155930 - 631210.00000 477.10 201872 - SILVA, 1/22 CHECK TOTAL CHECK NO 571280 VENDOR 107670 - NAPLES PATHOLOGY ASSOCIATES 20015549 MUCCINO,M - 1/7/02 001. 155930.631990 -00000 0.00 203273 MUCCINO, 1/7 0.00 20015549 PAYNE,K 7/27 -30/01 001 - 155930 - 631990 -00000 0.00 203273 PAYNE, 7/27 -30 20015549 CALANA,M - 12/26 -27/01 001.155930- 631990 -00000 203273 - CALANA, 12/26 -27 16JIPAGE 122 AMT NET VCHR DISC VCHR NET 996.40 0.00 996.40 CHECK TOTAL 0.00 996.40 0.00 50.70 0.00 50.70 0.00 58.50 0.00 58.50 CHECK TOTAL 0.00 109.20 0.00 60.45 0.00 60.45 0.00 60.45 0.00 60.45 0.00 601.25 0.00 601.25 0.00 102.70 0.00 102.70 0.00 44.20 0.00 44.20 0.00 477.10 0.00 477.10 CHECK TOTAL 0.00 1.346.15 0.00 39.62 0.00 39.62 0.00 86.84 0.00 86.84 0.00 39.55 0.00 39.55 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015549 BRADBURY,L - 12/20/01 203273 - BRADBURY, 12/20 20015549 KEELING,K - 1/10/02 203273 - KEELING, 1 /10 20015549 CALANA,M - 12/30/01 203273 - CALANA, 12/30 20015549 DEGENNARO,L . 11/7/01 203273 - DEGENNARO, 11/7 20015549 GUREGHIAN,A . 12/10/01 203273 - GUREGHIAN, 12/10 20015549 MUCCINO,M - 1/7 -10/02 203273 - MUCCINO, 1/7 -10 20015549 CALANA,M - 12/27.28/01 203273 CALANA, 12/27 -28 20015549 PAYNE,K 7/30/01 203273 PAYNE, 7/30 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS DEGENNARO,L . 1/14/02 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001 - 155930 - 631990 -00000 0.00 001 - 155930 - 631990 -00000 0.00 001 - 155930 - 631990 -00000 0.00 001. 155930- 631990 -00000 0.00 001 - 155930 - 631990 -00000 0.00 001 - 155930 - 631990 -00000 0.00 001. 155930- 631990 -00000 0.00 001. 155930- 631990 -00000 0.00 CHECK NO 571232 VENDOR 13700 - NAPLES RADIOLOGISTS 20015542 DEGENNARO,L . 1/14/02 001 - 155930 - 631990 -00000 117.00 203360 - DEGENNARO, 1/14 117.00 20015542 FLIPPIN,J . 1/17/02 001 - 155930 - 631990 -00000 9.10 203360 - FLIPPIN, 1/17 9.10 20015542 FLIPPIN,J - 1/15/02 001 - 155930. 631990 -00000 79.30 203360 - FLIPPIN, 1/15 79.30 20015542 DEGENNARO,L - 1/21/02 001 - 155930 - 631990.00000 41.55 203360 - DEGENNARO, 1121 41.55 20015542 MUCCINO,M . 1/7/02 001 - 155930. 631990 -00000 CHECK TOTAL 203360 - MUCCINO, 1/7 794.25 20015542 TOGHER,A - 1/11/02 001 - 155930 - 631990 -00000 203360 - TOGHER, 1 /11 20015542 HARKER,J . 1/9/02 001 - 155930 - 631990.00000 203360 - HARKER, 1/9 20015542 MYSZOGLAD,C - 9/11/01 001 - 155930 - 631990 -00000 203360 - MYSZOGLAD, 9/11 16JIPAGE 123 AMT NET VCHR DISC VCHR NET 117.00 0.00 117.00 143.00 0.00 143.00 9.10 0.00 9.10 143.00 0.00 143.00 79.30 0.00 79.30 82.29 0.00 82.29 41.55 0.00 41.55 13.00 0.00 13.00 CHECK TOTAL 0.00 794.25 0.00 113.75 0.00 113.75 0.00 663.00 0.00 663.00 0.00 65.00 0.00 65.00 0.00 42.25 0.00 42.25 0.00 22.75 0.00 22.75 0.00 123.50 0.00 123.50 0.00 22.75 0.00 22.75 0.00 347.75 0.00 347.75 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JI PAGE 124 AMT NET VCHR DISC CHECK TOTAL 0.00 CHECK NO 571377 VENDOR 164860 - NAPLES TRUCK ACCESSORIES 20015543 114904 521 - 122410. 646425 -00000 0.00 474.00 0.00 200919 PARTS 2/4 CHECK TOTAL 0.00 CHECK NO 571514 VENDOR 248010 - NEUROSCIENCE & SPINE ASSOCIATION 20015974 BRADBURY,L.1 /25/02 001. 155930- 631210 -00000 0.00 82.55 0.00 201885 BRADBURY 1/25/02 20015974 BRADBURY,L.1 /22/02 001. 155930 - 631210.00000 0.00 97.50 0.00 201885 BRADBURY 1/22/02 20015974 BRADBURY,L.1 /28/02 001- 155930 - 631210.00000 0.00 63.70 0.00 201885 BRADBURY 1/28/02 20015974 GARCIA,R. 1111102 001. 155930 - 631210 -00000 0.00 221.00 0.00 201885 GARCIA,R.1 /11/02 20015974 BRADBURY,L.1 /23/02 001 - 155930. 631210 -00000 0.00 63.70 0.00 201885 BRADBURY 1/23/02 20015974 ZAPATA,Y.1 /24/02 001 - 155930 - 631210 -00000 0.00 221.00 0.00 201885 ZAPATA 1/24/02 20015974 BRADBURY,L.1 /30/02 001 - 155930 - 631210.00000 0.00 82.55 0.00 201885 BRADBURY 1/30/02 20015974 MUCCINO,M.1 /28/02 001 - 155930 - 631210.00000 0.00 39.00 0.00 201885 MUCCINO 1/28/02 20015974 CLEVENGER,S.1 /21/02 001 - 155930 - 631210 -00000 0.00 7,000.00 0.00 201885 CLEVENGER 1/21/02 20015974 CLEVENGER,S.1 /21/02 001 - 155930 - 631210 -00000 0.00 2,366.00 0.00 201885 CLEVENGER 1/21/02 20015974 NEWELL,S.1 /29/02 001 - 155930 - 631210 -00000 0.00 110.50 0.00 201885 NEWELL 1/29/02 CHECK TOTAL 0.00 CHECK NO 571453 VENDOR 201540 - NEW READERS PRESS 20016042 2978567 355. 156190- 766100 -00000 0.00 227.30 0.00 154134 - BOOKS, 1/28 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20016042 2959858 154134 - BOOKS, 1 /10 CHECK NO 571582 VENDOR 278890 - NEWS -PRESS 20015544 1686798/193330 154096 AD 2/3 CHECK NO 571600 VENDOR 286930 . NEXTEL COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 355 - 156190. 766100 -00000 0.00 16JI PAGE 125 AMT NET VCHR DISC 207.94 0.00 CHECK TOTAL 0.00 001. 121810 - 648160.00000 0.00 435.00 CHECK TOTAL 0.00 0.00 VCHR NET 207.94 435.24 435.00 435.00 20015753 0001816807 -0 12/15.1/14 495 - 192310 - 641700.00000 0.00 191.69 0.00 191.69 202070 0001816807 -0 12/15 -1/14 20016052 0002176489 -9 12/7- 1/6/02 118. 144210- 634999 -33781 0.00 286.70 0.00 286.70 201369 - 0002176489 -9 12/7- 01/06/02 20016053 0022295214 -5 12/25 -1/24 001 - 155110. 641700 -00000 0.00 113.00 0.00 113.00 RE:PO152645 0022295214.5 12/25 -1/24 20015764 0002077871.8 9/15 -10/14 001 - 121140. 641700 -00000 0.00 75.50 001 - 121141 - 641700 -00000 0.00 15.08 001. 121143- 641700 -00000 0.00 87.84 001 - 121148- 641700 -00000 0.00 308.08 001 - 121152. 641700 -00000 0.00 15.08 001- 121154 - 641700 -00000 0.00 7.54 0.00 509.12 204132 0002077871 -8 9/15 -10/14 20016052 0002176489 -9 1/7- 2/6/02 118 - 144210. 634999 -33781 0.00 163.22 0.00 163.22 201369 - 0002176489.9 1/7. 2/6/02 20016053 0022295214 -5 12/25.1/24 001 - 155110 - 641700.00000 0.00 141.64 0.00 141.64 203762 - 0022295214 -5 12/25- 1/24/02 20015765 0002077871 -8 12/15 -1/14 001 - 121140 - 641700 -00000 0.00 516.76 001. 121141- 641700.00000 0.00 88.26 001 - 121143 - 641700 -00000 0.00 327.48 001. 121148. 641700 -00000 0.00 552.05 001 - 121152 - 641700 -00000 0.00 88.26 001 - 121154 - 641700.00000 0.00 44.13 0.00 1,616.94 204132 0002077871 -8 12/15 -1/14 20015768 0002077871 -8 10/15 -11/14 001. 121140- 641700 -00000 0.00 613.07 001 - 121141 - 641700.00000 0.00 125.61 001 - 121143 - 641700 -00000 0.00 530.84 001 - 121148 - 641700 -00000 0.00 657.98 001 - 121152 - 641700 -00000 0.00 87.73 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 204132 0002077871 -8 10/15 -11/14 20015769 0002077871 -8 11/15 -12/14 204132 0002077871.8 11/15 -12/14 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001 - 121154 - 641700 -00000 0.00 001 - 121140 - 641700 -00000 0.00 001- 121141 - 641700 -00000 0.00 001 - 121143. 641700 -00000 0.00 001 - 121148 - 641700.00000 0.00 001 - 121152 - 641700 -00000 0.00 001 - 121154 - 641700 -00000 0.00 CHECK NO 571646 VENDOR 310560 - NORA SEHEULT 20015973 1/25/02 1HR 681. 421190- 634402.00000 0.00 1/25/02 1HR 20015973 2/14/02 3.5HRS 681 - 431590 - 634402 -00000 0.00 2/14/02 3.5HRS CHECK NO 571234 VENDOR 14070 . NORMAN J. DERY, 20015545 SEPULVEDA,L- 1/22/02 001 - 155930. 631210 -00000 0.00 201887 SEPULVEDA 1/22 55.24 20015545 MARTINEZ,J. 1/22/02 001 - 155930 - 631210 -00000 0.00 201887 MARTINEZ 1/22 20015545 TYNSK,P -1 /15/02 001. 155930- 631210.00000 0.00 201887 TYNSK 1/15 CHECK NO 571233 VENDOR 14060 - NORTH COLLIER ANIMAL CLINIC 20016049 02 -9561 MARTIN,L 610 - 155410 - 631970 -00000 0.00 201049 - 02 -9561 MARTIN,L CHECK NO 571692 VENDOR 326790 . NORTH NAPLES VETERINARY HOSPITAL 20016041 00 -7725 BUDD,L 610.155410- 631970.00000 0.00 201052 00.7725 BUDD,L 20016041 01 -8608 GOODWIN,H 610.155410. 631970 -00000 0.00 201052 01 -8608 GOODWIN,H 16JIPAGE 126 AMT NET VCHR DISC VCHR NET 55.24 0.00 2,070.47 570.04 87.20 322.65 541.80 87.20 43.60 0.00 1,652.49 CHECK TOTAL 0.00 6,745.27 16.00 0.00 16.00 56.00 0.00 56.00 CHECK TOTAL 0.00 72.00 45.00 0.00 45.00 45.00 0.00 45.00 45.00 0.00 45.00 CHECK TOTAL 0.00 135.00 75.00 0.00 75.00 CHECK TOTAL 0.00 75.00 60.00 0.00 60.00 60.00 0.00 60.00 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 127 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 20016041 02 -9585 STULLER,D 610.155410- 631970 -00000 0.00 15.00 0.00 15.00 201052 02 -9585 STULLER,D 20016041 01 -8997 FRIENDS OF GUMMI 610.155410- 631970 -00000 0.00 45.00 0.00 45.00 201052 01 -8997 FRIENDS OF GUMMI CHECK TOTAL 0.00 180.00 CHECK NO 571824 VENDOR 352220 - OCEAN COUNTY BOARD OF AG RUTGERS 20016045 PUBLICATION /UNIV EXT SVS 1 2.02 0.00 18.02 001 - 157110 - 641950.00000 0.00 154208 - ORNAMENTAL PLANTS PUBL'S CHECK TOTAL 0.00 18.02 CHECK NO 571718 VENDOR 334390 - OEM HEALTH INFORMATION, INC. 20015548 02020050 518 - 121630 - 654110 -00000 0.00 69.00 7.50 0.00 76.50 518 - 121630 - 641950 -00000 0.00 153744 GUIDE CHECK TOTAL 0.00 76.50 CHECK NO 571597 VENDOR 285590 - OFFICE MAX 20015972 601118001227258 12/21 123 - 155975 - 651910 -33075 0.00 546.95 0.00 546.95 152581 HANDHELD COMP.&ATTCHM. 20015757 8570J271/601118001227258 001 - 156363 - 764360 -00000 0.00 929.98 0.00 929.98 107714 COPIER 9/28 20016044 489509 1/8/02 123 - 155975. 764900 -33075 0.00 839.97 0.00 839.97 152925 - PRINTER AND CABLE CHECK TOTAL 0.00 2,316.90 CHECK NO 571415 VENDOR 182210 - OFFICE PAVILION 20015968 05498 001.121154- 651930 -00000 0.00 496.72 0.00 496.72 152329 OFFICE FURN. 001 - 121148 - 651930.00000 0.00 4,425.48 0.00 4,425.48 20015983 05392 203030 CHAIRS 1/21 20015539 05537 001.101520- 651930 -00000 0.00 0.00 2,361.31 740.00 0.00 3,101.31 001 - 101520.646710 -00000 202899 OFFICE FURN. CHECK TOTAL 0.00 8,023.51 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 128 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC CHECK NO 571732 VENDOR 338800 OHIO CHILD SUPPORT PAYMENT CENTRAL 001. 000000 - 218810.00000 0.00 117.69 0.00 20016126 PP #11 PP #11 CHECK TOTAL 0.00 CHECK NO 571417 VENDOR 183810 OMNIGRAPHICS INC. 20016043 103752 -024 355 - 156190 - 766100 -00000 0.00 120.38 0.00 154137 -WEB SITE SOURCE BK 2002, 1/31 CHECK TOTAL 0.00 CHECK NO 571675 VENDOR 321600 ONONDAGA COUNTY SCU 20016122 PP #11 001 - 000000 - 218810 -00000 0.00 14.00 0.00 PP #11 CHECK TOTAL 0.00 CHECK NO 571596 VENDOR 284490 OUTDOOR ALUMINUM, INC. 20015790 23534 368- 116360 - 763100 -80604 0.00 7,011.00 0.00 203996 BLEACHERS CHECK TOTAL 0.00 CHECK NO 571742 VENDOR 343190 OZORES- HAMPTON & ASSOCIATES, INC. 20016167 #2 470 - 173410 - 634999 -59041 0.00 11,775.00 470. 173410- 634999 -00000 0.00 0.00 0.00 107469 11/01 -1/02 CHECK TOTAL 0.00 CHECK NO 571755 VENDOR 345120 PAIN ENTERPRISES, INC. 20016050 A1261326 111 - 156313 - 652311 -00000 0.00 520.32 0.00 201572 - CO2, 1/31 CHECK TOTAL 0.00 CHECK NO 571834 VENDOR 900030 PAM GARABALLY 301401 2/6.12 TRVL P GARABALLY 001 - 156175 - 640300 -00000 0.00 12.00 0.00 2/6.12 TRVL P GARABALLY CHECK TOTAL 0.00 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 129 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK NO 571486 VENDOR 228860 PAMELA MOORE 20015411 2/6 -8 TRVL P MOORE 001 - 156175 - 640300 -00000 0.00 260.84 0.00 260.84 2/6 -8 TRVL P MOORE CHECK TOTAL 0.00 260.84 CHECK NO 571455 VENDOR 202340 PANTHER PRINTING 681- 421510- 647110 -00000 0.00 89.00 0.00 89.00 20015770 3689 201320 PRINT JOB /ANNOUNCEMENT CHECK TOTAL 0.00 89.00 CHECK NO 571706 VENDOR 330350 - PAT'S PUMP AND BLOWER 521 - 122410 - 646425 -00000 0.00 65.75 0.00 65.75 20015771 302181 200696 WATER PUMP GREASE CARTRG CHECK TOTAL 0.00 65.75 CHECK NO 571543 VENDOR 259870 . PATRICK C. WEBER, P.A. 20015988 1102 GUARDIAN FEES 192 - 432515 - 631130 -00000 0.00 0.00 11,400.00 76.00 0.00 11,476.00 192 - 432515 - 631990.00000 201382 GUARDIAN SHIP PROG. CHECK TOTAL 0.00 11,476.00 CHECK NO 571235 VENDOR 14480 PATRICK M. KANE, MD, P.A. 20015535 HARKER,J - 1/24/02 001 - 155930 - 631210 -00000 0.00 148.20 0.00 148.20 154088 - HARKER, 1/24 CHECK TOTAL 0.00 148.20 CHECK NO 571843 VENDOR 900050 PAUL E. MYERS, AS EXECUTOR OF 301427 SURPLUS TDA #10748 MYERS 001 - 321110- 369200 -00000 0.00 3,887.16 0.00 3,887.16 PAUL MYERS - SURPLUS TDA #10748 CHECK TOTAL 0.00 3,887.16 CHECK NO 571512 VENDOR 247350 - PEDERSEN PRINTING 001 - 122240.651110 -00000 0.00 32.00 0.00 32.00 20015525 1537 151163 BUSINESS CARDS, 1/28 113 - 138915 - 652990 -00000 0.00 325.00 0.00 325.00 20015528 1541 153876 LABELS, 1/31 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015534 1539 153627 BUSINESS CARDS, 1/30 20015533 1538 153127 BUSINESS CARDS, 1/28 20015526 1543 152344 BUSINESS CARDS, 2/5 20015529 1544 153789 4X6 & 2X3.5 CARDS, 2/5 20015525 1546 151163 BUSINESS CARDS, 2/11 CHECK NO 571506 VENDOR 241150 . PETER KRALEY 20015408 2/8 TRVL P KRALEY 2/8 TRVL P KRALEY COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 111 - 138317 - 647110 -00000 0.00 111 - 138911 - 647110.00000 0.00 101 - 163609 - 647110 -00000 0.00 113 - 138900. 647110 -00000 0.00 001 - 122240 - 651110 -00000 0.00 16JIPAGE 130 AMT NET VCHR DISC 32.00 0.00 266.00 0.00 32.00 0.00 287.00 0.00 32.00 0.00 CHECK TOTAL 0.00 001. 155230- 640310 -00000 0.00 22.04 CHECK TOTAL CHECK NO 571567 VENDOR 276020 - PETROLEUM TRADERS CORP. 20015985 303078 0.00 2,574.75 521 - 122450. 652410 -00000 4,613.76 200956 FUEL 1/24 935.81 20015985 303077 0.00 806.56 521 - 122450. 652410 -00000 806.56 200956 FUEL 1/24 218.09 20015985 304322 0.00 5,493.40 521. 122450. 652410.00000 643.36 200956 FUEL 1/30 2,149.67 20015985 305198 521 - 122450. 652410 -00000 200956 FUEL 1/29 20015985 305199 521 - 122450 - 652410 -00000 200956 FUEL 1/29 20015985 304788 521 - 122450 - 652410 -00000 200956 FUEL 2/1 20015985 304323 521 - 122450 - 652410 -00000 200956 FUEL 1/30 20015985 304789 521. 122450- 652410 -00000 200956 FUEL 211 0.00 0.00 VCHR NET 32.00 266.00 32.00 287.00 32.00 1,006.00 22.04 22.04 0.00 2,574.75 0.00 2,574.75 0.00 4,613.76 0.00 4,613.76 0.00 935.81 0.00 935.81 0.00 806.56 0.00 806.56 0.00 218.09 0.00 218.09 0.00 5,493.40 0.00 5,493.40 0.00 643.36 0.00 643.36 0.00 2,149.67 0.00 2,149.67 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 131 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK TOTAL 0.00 17,435.40 CHECK NO 571688 VENDOR 325990 - PETS PLUS 001. 156363- 652255 -00000 0.00 35.72 0.00 35.72 20015772 13890 203661 ANIMAL SUPPLIES 1/30 CHECK TOTAL 0.00 35.72 CHECK NO 571473 VENDOR 217960 - PHIL BURNHAM SUPPLY 408 - 233352 - 652990.00000 0.00 74.30 0.00 74.30 20015774 426 202213 PARTS 1/28 408 - 253212 - 655200 -00000 0.00 75.00 0.00 75.00 20015773 427 200242 DRILLS 1/29 CHECK TOTAL 0.00 149.30 CHECK NO 571338 VENDOR 140310 PHYSIO CONTROL 490. 144610- 634999.00000 0.00 2,617.00 0.00 2,617.00 20015788 IV895485 203586 MAINT 2/02 CHECK TOTAL 0.00 2,617.00 CHECK NO 571660 VENDOR 316240 PINEGATE VETERINARY CENTER 001. 155410- 631980 -00000 0.00 497.25 0.00 497.25 20015775 157108 203768 02 -15080 SVS 1110102 CHECK TOTAL 0.00 497.25 CHECK NO 571327 VENDOR 133950 - PITNEY BOWES 495 - 192310. 641950 -00000 0.00 125.73 0.00 125.73 20015782 577801 202350 SUPPLIES 1/31 CHECK TOTAL 0.00 125.73 CHECK NO 571238 VENDOR 15130 - POSTMASTER 20016159 ROLL OF STAMPS -JDG MILLER 001 - 421040 - 641950.00000 0.00 34.00 0.00 34.00 154224 - ROLL OF STAMPS F /OFFICE CHECK TOTAL 0.00 34.00 CHECK NO 571534 VENDOR 255770 - PRAXAIR DISTRIBUTION SOUTHEAST,LLC 490- 144610 - 652720 -00000 0.00 44.00 0.00 44.00 20016048 PJ187587 201407 - OXYGEN, 2/6 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015783 PJ177908 201135 WELDING SUPPLIES 1/31 20015791 PJ177905 200105 RENT WELDING TANK 1/31 20015786 PJ172747 201407 OXYGEN 1/30 20015786 PJ177909 201407 CYL RENTAL 1/31 20016048 PJ186309 201407 - OXYGEN, 2/4 20015786 PJ172746 201407 OXYGEN 1/30 20016046 PJ177907 200924 - GAS CYLINDERS, 1/31 20015784 PJ172745 202539 WELDING SUPPLIES 1/30 20015785 PJ177910 201815 WELDING SUPPLIES 1/31 20016047 PJ187586 201040 - CARBON DIOXIDE, 2/6 COLLIER COUNTY, FLORIDA 571361 BOARD OF COMMISSIONERS 20015776 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 233351. 652990 -00000 0.00 109. 182901- 644600.00000 0.00 490 - 144610 - 652720 -00000 0.00 490. 144610- 652720.00000 0.00 490 - 144610 - 652720 -00000 0.00 490 - 144610 - 652720.00000 0.00 521 - 122410 - 646425 -00000 0.00 408 - 233352 - 652990 -00000 0.00 408 - 253211. 652990 -00000 0.00 111 - 156332. 646313 -00000 0.00 CHECK NO 571361 VENDOR 159000 - PRECISION CLEANING INC. 20015776 3806 0.00 001. 122220 - 634999.00000 0.00 200164 CLEANING BLDG SUBA 44.00 20015789 3226 0.00 001- 122220 - 634999 -00000 0.00 200164 CLEANING VETERANS PK 10.29 20015527 3855 0.00 001. 156363- 634999 -00000 153184 - PRESS.CLEAN BOARDWLK ACCESS 20015776 3807 001 - 122220. 634999.00000 200164 CLEANING VINEYARDS COM CTR 20015789 3230 001 - 122220 - 634999 -00000 200164 CLEANING BLDG A 0.00 0.00 0.00 0.00 0.00 16JIPAGE 132 AMT NET VCHR DISC 25.80 0.00 7.95 0.00 92.00 0.00 279.57 0.00 60.00 0.00 44.00 0.00 51.57 0.00 22.45 0.00 22.10 0.00 10.29 0.00 CHECK TOTAL 0.00 166.58 0.00 660.71 0.00 120.00 0.00 322.38 0.00 931.68 0.00 CHECK TOTAL 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571335 VENDOR 138230 - PRIDE OF FLORIDA, INC. 20015777 ZI082736 001 - 000000. 142900 -00000 0.00 200052 ENVELOPES 2/4 CHECK NO 571627 VENDOR 299040 - PRIMEDIA WORKPLACE LEARNING 20015761 900283446 146 - 144380- 654360 -00000 0.00 200295 SVS 2/02 CHECK NO 571400 VENDOR 174760 - PROCRAFT BATTERIES 143.94 0.00 143.94 521. 122410- 646425 -00000 0.00 20015779 154096 0.00 228.00 CHECK TOTAL 200698 BATTERIES 2/1 228.00 45.20 0.00 45.20 521 - 122410 - 646425 -00000 0.00 20015779 421361860 0.00 397.27 132.30 200698 BATTERIES 2/4 132.30 CHECK TOTAL 20015778 421361853 521 - 122410 - 646425 -00000 0.00 6.099.00 200698 BATTERIES, 1/28 0.00 6,099.00 159,178.45 0.00 521 - 122410 - 646425 -00000 0.00 20015778 154074 CHECK TOTAL 0.00 151,219.53 200698 BATTERIES, 1/29 0.00 3.120.00 CHECK NO 571559 VENDOR 267130 - PROFESSIONAL BUILDING SYSTEMS, INC. 20015986 29497 198 - 157440 - 762200 -00000 0.00 203813 1/31/02 CHECK NO 571511 VENDOR 246310 - PROJECT INTEGRATION 20015822 #27 413 - 263611 - 763100 -73031 0.00 3122 THRU 1/26/02 20015822 #27 RETAINAGE 413 - 000000. 205100.00000 0.00 3122 THRU 1/26/02 RETAINAGE CHECK NO 571673 VENDOR 320540 - PROLIME CORPORATION 20015787 7310 408 - 253211 - 634999 -00000 0.00 200395 SLUDGE REMOVAL 1117 -28 16JIPAGE 133 AMT NET VCHR DISC VCHR NET 143.94 0.00 143.94 CHECK TOTAL 0.00 143.94 228.00 0.00 228.00 CHECK TOTAL 0.00 228.00 45.20 0.00 45.20 447.21 0.00 447.21 397.27 0.00 397.27 132.30 0.00 132.30 CHECK TOTAL 0.00 1.021.98 6,099.00 0.00 6.099.00 CHECK TOTAL 0.00 6,099.00 159,178.45 0.00 159,178.45 7,958.92- 0.00 7,958.92 - CHECK TOTAL 0.00 151,219.53 3.120.00 0.00 3.120.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571687 VENDOR 325880 - PROSOURCE ONE 16JIPAGE 134 AMT NET VCHR DISC CHECK TOTAL 0.00 CHECK NO 571756 VENDOR 345140 - PROVIDENT CAPITAL 20015949 901700 001 - 157110. 644620 -00000 0.00 230.98 0.00 201615 SVC 2/02 CHECK TOTAL 0.00 CHECK NO 571649 VENDOR 312210 - PROVIDENT CAPITOL GROUP, INC. 20015780 9664005 001. 157110. 644620 -00000 0.00 363.91 0.00 201607 LEANSE 3/02 CHECK TOTAL 0.00 CHECK NO 571655 VENDOR 314210 - PSI 20015987 56352 470 - 173410 - 634999.73080 0.00 13,281.00 0.00 105521 TASK 1 & 3 1/31 111. 163646- 652310.00000 0.00 97.71 0.00 20016061 07262800 202118 - FERTILIZER, 2/4 150. 162545 - 652310.00000 0.00 714.56 0.00 20016057 07262700 200178 - FERTILIZER, 2/4 111 - 163646. 652310 -00000 0.00 235.43 0.00 20016060 07262400 201467 - FERTILIZER, 2/4 111. 163646. 652310 -00000 0.00 742.40 0.00 20016092 07262900 201463 - FERTILIZER, 2/4 111 - 163646. 652310 -00000 0.00 595.65 0.00 20016058 07262300 201464 - FERTILIZER, 2/4 111 - 163646 - 652310.00000 0.00 3,803.12 0.00 20016092 07262100 201463 - FERTILIZER, 2/4 160 - 162518- 652310 -00000 0.00 188.09 0.00 20016059 07262200 200264 - FERTILIZER, 2/4 152 - 162541 - 652310 -00000 0.00 357.55 0.00 20016056 07262600 200174 - FERTILIZER, 2/4 111. 163646. 652310 -00000 0.00 361.82 0.00 20016060 07263000 201467 - FERTILIZER, 2/4 CHECK TOTAL 0.00 CHECK NO 571756 VENDOR 345140 - PROVIDENT CAPITAL 20015949 901700 001 - 157110. 644620 -00000 0.00 230.98 0.00 201615 SVC 2/02 CHECK TOTAL 0.00 CHECK NO 571649 VENDOR 312210 - PROVIDENT CAPITOL GROUP, INC. 20015780 9664005 001. 157110. 644620 -00000 0.00 363.91 0.00 201607 LEANSE 3/02 CHECK TOTAL 0.00 CHECK NO 571655 VENDOR 314210 - PSI 20015987 56352 470 - 173410 - 634999.73080 0.00 13,281.00 0.00 105521 TASK 1 & 3 1/31 COUNTY, FLORIDA PAGE 135 16JI FEBRUARY 27, 2002 COLLIER BOARD OF COMMISSIONERS REPORT 100 601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK TOTAL 0.00 13,281.00 CHECK NO 571359 VENDOR 158120 - PUBLIX #410 130-157710-652210-00000 0.00 87.48 0.00 87.48 20015762 I03919569/321600400 202020 SUPPLIES 211 CHECK TOTAL 0.00 87.48 CHECK NO 571664 VENDOR 317040 PULSAFEEDER, INC 408. 253221- 655200 -00000 0.00 884.28 0.00 884.28 20015536 364002 -RI 152249 - REPAIRS TO CHEM.FEED PUMPS CHECK TOTAL 0.00 884.28 CHECK NO 571725 VENDOR 337560 - PURCHASE POWER 495-192310-641950-00000 0.00 265.00 0.00 265.00 20015755 1757 - 9573 -86.0 2/7 202353 POSTAGE CHECK TOTAL 0.00 265.00 CHECK NO 571342 VENDOR 144550 PYRAMID II JANITORIAL SUPPLIES 490 - 144610.652510 -00000 0.00 201.66 0.00 201.66 20015970 302183 153671 JANITOR.SUPP. 408. 233351 - 652510.00000 0.00 42.24 0.00 42.24 20015756 301699 200767 SUPPLIES 1/31 490 - 144610 - 652510.00000 0.00 312.76 0.00 312.76 20015971 302184 203963 WIPER 111 - 156332 - 652510 -00000 0.00 525.75 0.00 525.75 20015766 301390 201005 SUPPLIES 1/29 490.144610- 652510.00000 0.00 26.40 0.00 26.40 20015969 301923 153631 HAND SOAP DISP. 111.156332- 652510.00000 0.00 386.25 0.00 386.25 20015766 301267 201005 SUPPLIES 1/29 111 - 156332 - 652510.00000 0.00 469.40 0.00 469.40 20015766 300818 201005 SUPPLIES 1/25 CHECK TOTAL 0.00 1.964.46 CHECK NO 571690 VENDOR 326710 - QUALITY MAINTENANCE IPAGE 136 16J COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 408- 253212 - 634999 -00000 0.00 360.00 0.00 360.00 20015763 1078 203742 LASER ALIGN OF PUMP CHECK TOTAL 0.00 360.00 CHECK NO 571813 VENDOR 351360 . QUALITY ROOFING 191. 138785- 884200.33751 0.00 4,265.00 0.00 4.265.00 20015993 2/20/02 TAYLOR 204303 TAYLOR #64261840003 CHECK TOTAL 0.00 4.265.00 CHECK NO 571456 VENDOR 202830 . QUICK KEY LOCKSMITH SERVICES 408. 253211- 634999 -00000 0.00 85.30 0.00 85.30 20015758 B11839 201816 LOCK SVS 1/17 111 - 156332. 639965 -00000 0.00 2.40• 0.00 2.40- 20015759 811887 200978 SVS /DISC 111 - 156332 - 639965 -00000 0.00 95.70 0.00 95.70 20015759 811887 200978 SVS /DISC 408 - 253211. 634999 -00000 0.00 85.00 0.00 85.00 20015758 B11841 201816 LOCK SVS 1/16 408 - 253211.634999 -00000 0.00 358.53 0.00 358.53 20015758 B11864 201816 LOCK SVS 2/4 CHECK TOTAL 0.00 622.13 CHECK NO 571240 VENDOR 15690 - R. R. BOWER 355 - 156190 - 766100.00000 0.00 202.28 0.00 202.28 20015301 817851 153987 BOOKS CHECK TOTAL 0.00 202.28 CHECK NO 571309 VENDOR 120660 - R.W.C. 111 - 156332.764150 -00000 0.00 900.00 0.00 900.00 20015315 22931 152613 6 X 12 TRAILER 001 - 172930 - 764110 -00000 0.00 10,231.40 0.00 10.231.40 20015868 22984 203489 DUMP BED CHECK TOTAL 0.00 11,131.40 CHECK NO 571645 VENDOR 310080 . RADIOLOGY AND NUCLEAR MEDICINE ASSN IPAGE 137 6J COLLIER COUNTY, FLORIDA FEBRUARY 27, 20 BOARD OF COMMISSIONERS REPORT 100-601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET UCHR DISC VCHR NET VOUCHER DESCRIPTION 32.23 001 - 155930. 631990 -00000 0.00 32.23 0.00 20015299 N YOUNG 11/19 154089 N YOUNG 11/19 CHECK TOTAL 0.00 32.23 CHECK NO 571854 VENDOR 900100 - RAY NELSON 5.12 R NELSON MILEAGE 02 1233 681-431590-634405-00000 0.00 5.12 0.00 301422 R NELSON MILEAGE 02 1233T8 CHECK TOTAL 0.00 5.12 CHECK NO 571719 VENDOR 334420 . RAY'S LAWN & GARDEN 001 - 126334 - 646314 -00000 0.00 438.75 0.00 438.75 20015870 10758 202753 MAINT 001 - 157110 - 634999 -00000 0.00 438.75 0.00 438.75 20015871 10759 202875 MAINT CHECK TOTAL 0.00 877.50 CHECK NO 571241 VENDOR 15730 . RECORDED BOOKS, LLC. 355 - 156190 - 652670.00000 0.00 23.80 0.00 23.80 20016031 1391086 201638 BOOKS 355-156190-652670-00000 0.00 179.82 0.00 179.82 20016031 1410047 201638 BOOKS 355.156190- 652670 -00000 0.00 1,644.80 0.00 1.644.80 20016031 1376287 201638 BOOKS CHECK TOTAL 0.00 1,848.42 CHECK NO 571566 VENDOR 275110 REDDY ICE CORPORATION 408.253212- 652990 -00000 0.00 68.40 0.00 68.40 20015875 110896 200245 ICE 408-233351-652990-00000 0.00 28.80 0.00 28.80 20015876 115324 202249 ICE 408-233351-652990-00000 0.00 75.60 0.00 75.60 20015876 115285 202249 ICE 408-253212-652990-00000 0.00 54.00 0.00 54.00 20015875 116595 200245 ICE CHECK TOTAL 0.00 226.80 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 138 FEBRUARY BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK NO 571463 VENDOR 210680 REGINALD HOWARD 20016090 2/16 DANCE 111.156349- 634999 -00000 0.00 400.00 0.00 400.00 153881 2/16 DANCE CHECK TOTAL 0.00 400.00 CHECK NO 571689 VENDOR 326420 REMOTE SYSTEMS INTEGRATION 20015839 IMM01068 495 - 192330 - 634999 -00000 0.00 500.00 0.00 500.00 154093 QUARTERLY INSPECTION CHECK TOTAL 0.00 500.00 CHECK NO 571657 VENDOR 315150 REXEL CONSOLIDATED 20015286 12 259884 001 - 122240 - 652993 -00000 0.00 64.80 0.00 64.80 150122 LAMP CHECK TOTAL 0.00 64.80 CHECK NO 571426 VENDOR 188890 RICHARD M. CREEL 20015879 A BURGESS O1 01CFA LLM 2,500-00 8.36 0.00 2,508.36 681 - 421190.631025 -00000 0.00 A BURGESS O1 01 GFA LLM CHECK TOTAL 0.00 2,508.36 CHECK NO 571830 VENDOR 352480 - RICHARD ZYNOLOSKI 20016040 2/3 -8 TRVL R ZYVOLOSKI 118 - 144210 - 640300 -33781 0.00 807.32 0.00 807.32 2/3 -8 TRVL R ZYVOLOSKI CHECK TOTAL 0.00 807.32 CHECK NO 571589 VENDOR 281860 - ROBBINS TELECOMMUNICATIONS 20015873 C4496 0102 001 - 122240.641150 -00000 0.00 284.70 0.00 284.70 201274 ANSWERING SVS 20015872 C4498 0102 470.173410- 634999 -00000 0.00 30.00 0.00 30.00 201198 MESSAGEING SERVICE CHECK TOTAL 0.00 314.70 CHECK NO 571634 VENDOR 303240 - ROBERT FLINN RECORDS MGMT CENTER 20015873 0201 00050 001. 122240 - 639964 -00000 0.00 2.716.11 0.00 2,716.11 201273 FILE RETREVAL FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA PAGE 139 16JI REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 2,716.11 CHECK NO 571698 VENDOR 327550 - ROBERT R JACOBS II 20015270 00 001216 TRAVL REIM 2/5 681 - 421190 - 634401.00000 0.00 73.08 0.00 73.08 00 001216 TRAVL REIM 2/5 CHECK TOTAL 0.00 73.08 CHECK NO 571654 VENDOR 313860 - ROBERTA REISS 20015410 2/6 -8 TRVL R REISS 001- 156160. 640300 -00000 0.00 323.19 0.00 323.19 2/6 -8 TRVL R REISS 20015739 2/13 -19 TRVL R REISS 001- 156160 - 640200.00000 0.00 43.79 0.00 43.79 2/13.19 TRVL R REISS CHECK TOTAL 0.00 366.98 CHECK NO 571685 VENDOR 325200 - ROCKHURST UNIVERSITY CONTINUING 20015309 1/29 COMP SOFTWARE 111. 138911. 652920.00000 0.00 418.80 0.00 418.80 153639 COMPUTER SOFTWARE CHECK TOTAL 0.00 418.80 CHECK NO 571855 VENDOR 900100 - ROGER ZUCKER 301423 R ZUCKER MILEAGE REIM 681. 431590- 634405 -00000 0.00 5.36 0.00 5.36 R ZUCKER MILEAGE 0202910TB CHECK TOTAL 0.00 5.36 CHECK NO 571533 VENDOR 255100 - RON TURCHIN 20014860 436499 111 - 138911- 634804.00000 0.00 1,980.00 0.00 1,980.00 2001081038 20014860 436497 111 - 138911. 634804 -00000 0.00 1,790.00 0.00 1,790.00 2001120013 CHECK TOTAL 0.00 3,770.00 CHECK NO 571791 VENDOR 349630 - RONALD E. HOWARD JR. MD PA 20015272 C BERRY 1/17 001. 155930 - 631210.00000 0.00 65.00 0.00 65.00 154098 C BERRY 1/17 CHECK TOTAL 0.00 65.00 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 140 FEBRUARY BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER CHECK NO 571561 VENDOR 270010 ROSEN PUBLISHING GROUP & 355.156190- 766100.00000 0.00 37.90 0.00 37.90 20016091 239378 154228 BOOKS CHECK TOTAL 0.00 37.90 CHECK NO 571745 VENDOR 343580 ROWMAN & LITTLEFIELD PUBLISHERS 20015293 3445800 198.157410- 654110.00000 0.00 24.82 0.00 24.82 153432 BOOKS CHECK TOTAL 0.00 24.82 CHECK NO 571578 VENDOR 276940 ROY W. FOXALL, ESQ. 20015849 W JEFFREYS 2/02 001 - 155930 - 634153 -00000 0.00 440.00 0.00 440.00 W JEFFREYS 2/02 CHECK TOTAL 0.00 440.00 CHECK NO 571442 VENDOR 196790 SAFETY FIRST 20015307 39707 521 - 122410 - 652720.00000 0.00 53.65 0.00 53.65 153708 SUPPLIES FIRST AID 20015296 51345 001. 122240 - 652510.00000 0.00 14.40 0.00 14.40 152756 SUPPLIES 20015838 50612 113.138900- 652720.00000 0.00 37.60 0.00 37.60 204375 SUPPLIES CHECK TOTAL 0.00 105.65 CHECK NO 571558 VENDOR 267020 - SAFETY PRODUCTS INC 20015305 323913 111 - 163647- 652140 -00000 0.00 39.90 0.00 39.90 153946 MENS GLOVES 20015284 323086 408 - 210130 - 652140 -00000 0.00 899.05 0.00 899.05 153299 SAFETY EQUIPMENT CHECK TOTAL 0.00 938.95 CHECK NO 571418 VENDOR 184630 • SAM GALLOWAY FORD 20015841 547058 521.122410- 646425.00000 0.00 65.40 0.00 65.40 200926 PARTS 20015841 547718 521.122410- 646425 -00000 0.00 190.00 0.00 190.00 200926 PARTS FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION CHECK NO 571409 VENDOR 179920 - SAM'S CLUB 20015276 S NAGY P THACKER MEMB 154027 S NAGY, P THACKER 20015871 55366342988 2/14 154019 55366342988 2/14 20015840 366342988 D BERNARD 366342988 D BARNARD 202205 20015871 55366342988 2/13 154019 55366342988 2/13 COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 233351 - 654210 -00000 0.00 001. 156110. 651930 -00000 0.00 408 - 233312. 654210 -00000 0.00 001- 156110 - 652210 -00000 0.00 CHECK NO 571753 VENDOR 344990 - SAP PUBLIC SERVICES, INC. 20015882 9008003381 301- 121125 - 654370 -01017 0.00 408 - 253221 - 652310 -00000 203953 MANUALS TRAINING 30.00 0.00 20025953 900800382 301 - 121125 - 654370.01017 0.00 15.00 203954 TRAINING 15.00 124.09 20015955 9008003388 301 - 121125. 654370 -01017 0.00 763.06 202330 EQUIP 0.00 420.00 20015882 8008071639 301 - 121125. 654370 -01017 0.00 0.00 203953 MANUALS TRAINING 6,600.00 0.00 CHECK NO 571402 VENDOR 174790 - SATCO 20015857 233206 200428 ACID 20015857 233207 200428 ACID 20015857 233225 200428 ACID 408 - 253221 - 652310 -00000 0.00 408 - 253221 - 652310.00000 0.00 408 - 253221 - 652310 -00000 0.00 CHECK NO 571661 VENDOR 316590 - SBC DATACOMM 20016017 375 037454 001 - 121148 - 764900 -00000 0.00 203702 SYSTEM PARTS 16JI PAGE 141 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 255.40 30.00 0.00 30.00 593.97 0.00 593.97 15.00 0.00 15.00 124.09 0.00 124.09 CHECK TOTAL 0.00 763.06 420.00 0.00 420.00 2.336.00 0.00 2.336.00 1,695.04 0.00 1.695.04 6,600.00 0.00 6,600.00 CHECK TOTAL 0.00 11,051.04 1,110.89 0.00 1.110.89 1,110.45 0.00 1.110.45 1,108.23 0.00 1.108.23 CHECK TOTAL 0.00 3,329.57 5,776.00 0.00 5.776.00 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 142 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100 -601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION 101 - 163612 - 764900 -00000 0.00 4,105.20 0.00 4,105.20 20015877 375 037455 202590 UPGRADE CHECK TOTAL 0.00 9,881.20 CHECK NO 571555 VENDOR 266010 - SCHWAB READY MIX INC 301 - 120402 - 762200 -80196 0.00 5,755.00 0.00 5,755.00 20016016 30079812 203832 CONCRETE 301 - 120402 - 762200 -80196 0.00 6,330.50 0.00 6,330.50 20016016 30079708 203832 CONCRETE CHECK TOTAL 0.00 12,085.50 CHECK NO 571243 VENDOR 16660 . SCIENTIFIC SOUND SYSTEMS, INC 681- 421510 - 652910 -00000 0.00 600.00 0.00 600.00 20015282 SCC 12502 153767 AUDIO MICROPHONES CHECK TOTAL 0.00 600.00 CHECK NO 571336 VENDOR 139410 - SCREEN PRINTING UNLIMITED 146 - 144380- 652110 -00000 0.00 40.00 0.00 40.00 20015277 15680 153809 REMOVE MONOGRAM ON SHIRTS CHECK TOTAL 0.00 40.00 CHECK NO 571465 VENDOR 211140 . SEARS, ROEBUCK & COMPANY 191 - 138785- 884100 -33751 0.00 1,838.99 0.00 1,838.99 20015746 0222870/2000865131 204316 C HUNTER #26142501768 CHECK TOTAL 0.00 1,838.99 CHECK NO 571857 VENDOR 900140 - SEATTLE VIDEO CONFERENCE CENTER 301399 SEATTLE UIDEO 31560 681 - 421190 - 634401 -00000 0.00 261.40 0.00 261.40 SEATTLE VIDEO 31560 00 1216 CHECK TOTAL 0.00 261.40 CHECK NO 571513 VENDOR 247970 - SELIG CHEMICAL INDUSTRIES 408 - 253221. 652410 -00000 0.00 400.21 0.00 400.21 20015842 8180364 201066 SUPPLIES CHECK TOTAL 0.00 400.21 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 143 FEBRUARY 27, 2002 BOARD OF COMMISSIONERS REPORT 100 601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK NO 571508 VENDOR 242720 - SETON 001.122240- 652990 -00000 0.00 488.55 0.00 488.55 20015288 C750071 01 152757 SUPPLIES CHECK TOTAL 0.00 488.55 CHECK NO 571603 VENDOR 288890 SEVERN TRENT ENVIRONMENTAL SERVICES 20015413 FEB 2002 PEL BAY SVC 109 - 182601 - 634999 -00000 0.00 0.00 1,320.00 1,360.00 109.182900.634999 -00000 1,320.00 0.00 4,000.00 778.182700.634999 -00000 0.00 FEB 2002 200017 CHECK TOTAL 0.00 4,000.00 CHECK NO 571524 VENDOR 253100 - SEW SHORE 408 - 233352.652130 -00000 0.00 142.00 0.00 142.00 20015278 24517 153112 SHIRTS CHECK TOTAL 0.00 142.00 CHECK NO 571244 VENDOR 16700 SEWELL DOOR CONTROL & GLASS 001 - 122240 - 652992 -00000 0.00 116.00 0.00 116.00 20015313 16332 151606 DOOR REPAIR 001 - 122240 - 652992 -00000 0.00 370.00 0.00 370.00 20015313 16277 151606 DOOR REPAIR CHECK TOTAL 0.00 486.00 CHECK NO 571245 VENDOR 16910 - SHERWIN WILLIAMS 001 - 122240. 652999 -00000 0.00 19.15 0.00 19.15 20016026 9244 3 201267 PAINT SUPPLIES 001 - 122240 - 652999.00000 0.00 54.46 0.00 54.46 20016026 1439 5 201267 PAINT SUPPLIES 001 - 122240 - 652999 -00000 0.00 5.59 0.00 5.59 20016026 1701 8 201267 PAINT SUPPLIES CHECK TOTAL 0.00 79.20 CHECK NO 571490 VENDOR 230840 - SHERWIN WILLIAMS 408.233312.652990 -00000 0.00 179.22 0.00 179.22 20015270 0024 8 153027 PAINT SUPPLIES COLLIER COUNTY, FLORIDA 1 6 J IPAGE 144 FEBRUARY 27, 2002 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER DESCRIPTION CHECK TOTAL 0.00 179.22 CHECK NO 571740 VENDOR 342580 SHI ACCOUNT EXEC 301 - 210140. 652920.01014 0.00 982.36 0.00 982.36 20015285 406ED 153438 SUPPLIES CHECK TOTAL 0.00 982.36 CHECK NO 571544 VENDOR 260670 SHIPP MATES 408 - 210111 - 652110 -00000 0.00 25.00 0.00 25.00 20015280 2914 153440 408 - 210155 - 652110 -00000 0.00 33.50 0.00 33.50 20015275 2915 152959 GOLF SHIRT CHECK TOTAL 0.00 58.50 CHECK NO 571246 VENDOR 16950 SIGN CRAFT 111 - 163646 - 649990.00000 0.00 82.50 0.00 82.50 20015297 17366 153948 CHECK TOTAL 0.00 82.50 CHECK NO 571545 VENDOR 260690 SIGNCRAFT 113 - 138900 - 634999.00000 0.00 90.00 0.00 90.00 20015304 18788 153929 CHANGE NAME ON SIGNS 001. 122240- 649990.00000 0.00 375.00 0.00 375.00 20015294 18147 153490 WOOD SIGN CHECK TOTAL 0.00 465.00 CHECK NO 571507 VENDOR 242480 SIGNWORKS' 521. 122410. 647110 -00000 0.00 415.00 0.00 415.00 20015273 2363 153473 VINYL CHECK TOTAL 0.00 415.00 CHECK NO 571460 VENDOR 206320 SIMMONS SECURITY & SOUND SYSTEMS 001. 156110 - 634999 -00000 0.00 72.00 0.00 72.00 20015281 15769 154014 ALARM MONITORING CHECK TOTAL 0.00 72.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC CHECK NO 571577 VENDOR 276740 - SLIFE -GULF ATLANTIC MATERIAL 20015301 02 038 408. 253212 - 652990.00000 0.00 151668 TEARDROP RACKING CHECK NO 571247 VENDOR 17120 - SMITH'S TRACTOR SERVICE 20015314 2001120156 111. 138911- 634804.00000 0.00 2001120156 CHECK NO 571652 VENDOR 313450 - SOFTWARE HOUSE INTERNATIONAL 20016089 20015952 3DE2D 0.00 101. 163620- 764360 -00000 0.00 0.00 150.00 CHECK TOTAL 101 - 163620 - 651950 -00000 0.00 0.00 203765 SOFTWARE 531.28 0.00 20015954 3F2E7 0.00 001 - 121154 - 646910 -00000 0.00 2002004 203843 SCAN MAIL 0.00 203833 CONSULTING 20015287 414F0 2,668.62 473 - 173413 - 652920 -00000 0.00 0.00 20016089 2001067 408 - 210151 - 641950 -00000 0.00 0.00 153354 SUPPLIES 0.00 3.282.50 CHECK NO 571767 VENDOR 346900 - SOLAR 20015454 MARCH 2002 001 - 121730 - 644170.00000 0.00 MARCH 2002 203074 CHECK NO 571492 VENDOR 231730 - SOURCE COMPUTING, INC. 933.20 20016089 2002011 414 - 263611 - 634999 -73944 0.00 933.20 203833 CONSULTING 0.00 150.00 CHECK TOTAL 0.00 414 - 263611 - 634999 -73944 0.00 20016089 2002005 531.28 0.00 531.28 203833 CONSULTING 0.00 1,900.00 20016089 2002004 414 - 263611 - 634999 -73944 0.00 0.00 203833 CONSULTING CHECK TOTAL 0.00 2,668.62 835.00 414 - 263611 - 634999 -73944 0.00 20016089 2001067 835.00 8,677.50 0.00 203833 CONSULTING 3,282.50 0.00 16JIPAGE 145 AMT NET VCHR DISC VCHR NET 933.20 0.00 933.20 CHECK TOTAL 0.00 933.20 150.00 0.00 150.00 CHECK TOTAL 0.00 150.00 0.00 531.28 0.00 531.28 1.900.00 0.00 1,900.00 223.59 13.75 0.00 237.34 CHECK TOTAL 0.00 2,668.62 835.00 0.00 835.00 CHECK TOTAL 0.00 835.00 8,677.50 0.00 8.677.50 3,282.50 0.00 3.282.50 5,102.50 0.00 5,102.50 6,500.00 0.00 6,500.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 146 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC CHECK TOTAL 0.00 CHECK NO 571481 VENDOR 223000 SOUTHEAST LAMINATING 20015866 13293 001 - 122240 - 652990 -00000 0.00 3,079.74 0.00 202750 BADGE REELS CHECK TOTAL 0.00 CHECK NO 571464 VENDOR 210810 SOUTHERN SERVICES 20016015 1690 111 - 163645- 634999.00000 0.00 9,468.50 0.00 204157 LAWN MAINT CHECK TOTAL 0.00 CHECK NO 571592 VENDOR 282370 SOUTHWEST ELECTRIC, INC. 20015865 494 198 - 157430 - 634999.00000 0.00 4,313.47 0.00 203848 LIGHTING UPGRADE CHECK TOTAL 0.00 CHECK NO 571639 VENDOR 305680 SOUTHWEST FL PROFESSIONAL FIREFIGHT 20016133 PP #11 001- 000000 - 218700.00000 0.00 2,055.70 0.00 PP #11 CHECK TOTAL 0.00 CHECK NO 571438 VENDOR 195660 SPECTRUM PAINTING & RESTORATION 20016014 310 001 - 122240 - 639961.00000 0.00 5,063.08 0.00 201266 PAINT AND LABOR CHECK TOTAL 0.00 CHECK NO 571248 VENDOR 17410 - SPEEDY BLUEPRINTING 20015303 10198782 001.122240- 651110 -00000 0.00 219.90 0.00 151577 BOUND SPEC BOOKS 20014845 10198873 101 - 163610 - 652990 -00000 0.00 89.00 0.00 200497 COPIER PAPER 20016028 10198905 322 - 183825 - 651210 -00000 0.00 9.00 0.00 153150 PRINTS 20016027 10199172 101. 163630- 652990 -00000 0.00 94.99 0.00 200035 CARTRIDGE COLLIER COUNTY, FLORIDA 1 6 J IPAGE 147 FEBRUARY 27, 2002 REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 20016028 10198956 322- 183825 - 651210 -00000 0.00 63.36 0.00 63.36 153150 PRINTS 322 - 183825 - 651210 -00000 0.00 266.40 0.00 266.40 20015308 10199024 153151 VELLUM COPIES CHECK TOTAL 0.00 742.65 CHECK NO 571518 VENDOR 250020 - SPRINT 20015880 424053565 1/28 490. 144610- 641900 -00000 0.00 0.33 0.00 0.33 424053565 1/28 20015880 410262055 1/14 001. 121143 - 641400 -00000 0.00 96.32 0.00 96.32 410262055 1/14 20015880 410262055 12/14 001 - 121143 - 641400 -00000 0.00 97.47 0.00 97.47 410262055 12/14 CHECK TOTAL 0.00 194.12 CHECK NO 571532 VENDOR 255040 - SPRINT 20016020 394 3355 969 2/7 3/6 495- 192370. 641900 -00000 0.00 422.80 0.00 422.80 200151 394 3355 969 2/7 3/6 20015869 513 9264 452 2/4 3/3 001. 156363- 641900.00000 0.00 65.96 0.00 65.96 513 9264 452 2/4 3/3 20015869 101 1824 383 2/1 2/28 408 - 253212. 641100 -00000 0.00 140.00 0.00 140.00 101 1824 383 2/1 2/28 20015869 695 4130 604 2/4 3/3 188 - 140480 - 641400 -00000 0.00 66.03 0.00 66.03 695 4130 604 2/4 3/3 20015869 394 2383 111 2/7 3/6 001 - 156160 - 641210 -00000 0.00 33.22 0.00 33.22 394 2383 111 2/7 3/6 20015869 353 0404 404 1/25 2/24 3 70.00 0.00 421.85 1- 641900 -00000 111 - 156340 0.00 353 0404 404 1/25 2/24 20015869 394 7776 689 2/7 3/6 001. 156160- 641900.00000 0.00 34.61 0.00 34.61 394 7776 689 2/7 3/6 20015869 498 0880 194 2/4 3/3 001 - 156363 - 641900 -00000 0.00 41.64 0.00 41.64 498 0880 194 2/4 3/3 20015869 774 5252 015 1/19 2/18 001 - 121143 - 641400 -00000 0.00 458.21 0.00 458.21 774 5252 015 1/19 2/18 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015869 101 1371 919 211 2/28 101 1371 919 211 2/28 20015869 513 1235 601 2/4 3/3 513 1235 601 2/4 3/3 20015869 101 1739 184 211 2/28 101 1739 184 2/1 2/28 20016023 657 9795 548 1/28 2/27 202060 657 9795 548 1/28 2/27 20015869 334 1040 979 2/4 3/3 334 1040 979 2/4 3/3 20015869 498 4726 837 2/4 3/3 498 4726 837 2/4 3/3 20015869 455 2612 627 2/10 3/9 455 2612 627 2/10 3/9 20015869 455 8088 880 2/10 3/9 455 8088 880 2/10 3/9 20016020 642 7878 930 2/4 3/3 200151 642 7878 930 2/4 3/3 20015869 774 7470 893 1/19 2/18 774 7470 893 1/19 2/18 20015869 695 4425 196 2/4 3/3 695 4425 196 2/4 3/3 20015869 101 1724 306 211 2/28 101 1724 306 211 2/28 20015869 389 2650 604 1/22 2121 389 2650 604 1/22 2/21 20015869 695 2226 723 2/4 3/3 695 2226 723 2/4 3/3 20015869 593 3511 226 2/4 3/3 593 3511 226 2/4 3/3 20015869 597 3653 597 2/7 3/6 597 3653 597 2/7 3/6 20015869 101 1680 085 2/1 2/28 101 1680 085 2/1 2/28 COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408 - 233352 - 641100 -00000 0.00 188 - 140480. 641400 -00000 0.00 408 - 253221 - 641100 -00000 0.00 495 - 192330 - 641900.00000 0.00 001 - 443010 - 641900 -00000 0.00 001 - 156363. 641900 -00000 0.00 001 - 156145. 641210 -00000 0.00 001 - 156145. 641900.00000 0.00 495. 192370- 641900.00000 0.00 001 - 122240- 641900 -00000 0.00 188. 140480- 641400 -00000 0.00 408- 253221 - 641100 -00000 0.00 188. 140480- 641400 -00000 0.00 521 - 122450. 641400 -00000 0.00 001 - 156175. 641900 -00000 0.00 001. 156170- 641210 -00000 0.00 408 - 233352 - 641100 -00000 0.00 16JIPAGE 148 AMT NET VCHR DISC 78.00 0.00 25.05 0.00 160.00 0.00 56.00 0.00 499.92 0.00 261.01 0.00 27.77 0.00 210.59 0.00 381.15 0.00 135.06 0.00 25.75 0.00 138.90 0.00 27.77 0.00 22.89 0.00 454.44 0.00 37.84 0.00 140.00 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015869 642 6652 151 2/4 3/3 642 6652 151 2/4 3/3 20015869 695 2020 933 2/4 3/3 695 2020 933 2/4 3/3 20015869 642 0818 064 2/4 3/3 642 0818 064 2/4 3/3 20015869 775 0534 663 1/22 2/21 775 0534 663 1/22 2/21 20015869 101 2104 735 2/1 2/28 101 2104 735 2/1 2/28 20015869 394 2134 664 2/7 3/6 394 2134 664 2/7 3/6 20015881 261 2382 171 1/25 2/24 261 2382 171 1/25 2/24 20015869 394 3272 147 2/7 3/6 394 3272 147 2/7 3/6 20015869 597 8444 092 2/7 3/6 597 8444 092 2/7 3/6 20016022 657 8336 098 1/28 2/27 201335 657 8336 098 1/28 2/27 20015869 695 4331 144 2/4 3/3 695 4331 144 2/4 3/3 20015869 657 1446 244 1/28 2/27 657 1446 244 1/28 2/27 20015869 455 1441 953 2/10 3/9 455 1441 953 2/10 3/9 20015869 261 5010 616 1/25 2/24 261 5010 616 1/25 2/24 20015881 101 1549 760 2/1 2/28 101 1549 760 2/1 2/28 20015869 455 9282 744 2110 3/9 455 9282 744 2110 3/9 20015869 774 6251 228 1/19 2/18 774 6251 228 1/19 2/18 COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122450 - 641400.00000 0.00 490. 144610- 641900.00000 0.00 001. 156363. 641900 -00000 0.00 001 - 443010- 641900 -00000 0.00 188- 140480- 641400 -00000 0.00 470. 173442 - 641900.00000 0.00 001 - 157110 - 641900.00000 0.00 001. 156160 - 641900 -00000 0.00 001. 156160- 641900 -00000 0.00 681. 431310- 641900.00000 0.00 470 - 173443. 641900 -00000 0.00 111 - 156334. 641900 -00000 0.00 111 - 156349 - 641900 -00000 0.00 001. 156145- 641900.00000 0.00 001 - 122240 - 641900.00000 0.00 408 - 253212 - 641100 -00000 0.00 001 - 156363 - 641900 -00000 0.00 001 - 443010. 641210 -00000 0.00 16JI PAGE 149 AMT NET VCHR DISC 24.13 0.00 156.65 0.00 57.05 0.00 36.18 0.00 184.10 0.00 93.31 0.00 797.28 0.00 86.40 0.00 107.82 0.00 170.55 0.00 45.57 0.00 100.00 210.13 0.00 167.28 0.00 27.89 0.00 140.00 0.00 91.61 0.00 35.71 0.00 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015869 498 1789 018 2/4 3/3 498 1789 018 2/4 3/3 20015869 597 1737 074 2/7 3/6 597 1737 074 2/7 3/6 20016023 657 9003 434 1/28 2/27 202060 657 9003 434 2/28 2/27 20015869 774 5952 219 1/19 2/18 774 5952 219 1/19 2/18 20015869 213 5800 861 2/1 2/28 213 5800 861 2/1 2/28 20016021 657 6608 321 1/28 2/27 201322 657 6608 321 1/28 2/27 20015869 455 2275 227 2/10 3/9 455 2275 227 2/10 3/9 CHECK NO 571579 VENDOR 278050 - SPRINT 20015283 CO20509272 2/5 153975 LABOR AND SERVICE COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 490. 144610. 641900 -00000 0.00 001 - 156170 - 641900 -00000 0.00 495- 192330 - 641900 -00000 0.00 001 - 443010. 641210.00000 0.00 101 - 163609 - 641900 -00000 0.00 313 - 163611. 641900 -00000 0.00 681 - 421510 - 641900 -00000 0.00 408. 253221- 641100 -00000 0.00 16JIPAGE 150 AMT NET VCHR DISC 36.87 0.00 529.49 0.00 219.19 0.00 28.53 0.00 466.37 466.38 0.00 79.25 0.00 67.33 0.00 CHECK TOTAL 0.00 001. 155410- 634999 -00000 0.00 120.00 CHECK TOTAL CHECK NO 571748 VENDOR 343880 - SPRINT ROTHHAMMER INTERNATIONAL,INC 20015306 115604 111 - 156425 - 654110 -00000 0.00 111 - 156425 - 652990.00000 0.00 111 - 156425. 652910 -00000 0.00 152526 PROGRAMMING CHECK NO 571729 VENDOR 338370 . SPRINT YELLOW PAGES 20016025 206811078 1/4 113 - 138900 - 634999 -00000 202901 AD CHECK NO 571461 VENDOR 209310 - SPRINT /UNITED TELEPHONE - FLORIDA 20016024 CO20703674 001 - 156110. 646710 -00000 202363 MAINT 42.00 56.15 21.72 CHECK TOTAL 0.00 44.00 CHECK TOTAL 0.00 155.65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VCHR NET 36.87 529.49 219.19 28.53 932.75 79.25 67.33 8.791.53 120.00 120.00 119.87 119.87 44.00 44.00 155.65 FEBRUARY 27, 2002 COLLIER COUNTY, LORIA 1 6 J 1 PAGE 151 REPORT 100.601 COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 155.65 CHECK NO 571242 VENDOR 16420 - ST FRANCIS ANIMAL CLINIC 20015843 K KOERT 01 8076 9/25 610. 155410- 631970.00000 0.00 75.00 0.00 75.00 201067 K KOERT 01 8076 9/25 CHECK TOTAL 0.00 75.00 CHECK NO 571308 VENDOR 120640 - ST. FRANCIS II ANIMAL CLINIC 20015844 J FORTE 02 9614 2/14 610 - 155410 - 631970 -00000 0.00 75.00 0.00 75.00 201073 J FORTE 02 9614 2/14 CHECK TOTAL 0.00 75.00 CHECK NO 571275 VENDOR 102890 - STANDARD & POOR'S CORPORATION 20015316 5464965 355 - 156190. 766100 -00000 0.00 298.00 0.00 298.00 154133 OUTLOOK CHECK TOTAL 0.00 298.00 CHECK NO 571631 VENDOR 301540 STATE OF FLORIDA DISBURSMENT UNIT 20016121 PP #11 001 - 000000- 218810 -00000 0.00 5,135.38 0.00 5,135.38 PP #11 CHECK TOTAL 0.00 5.135.38 CHECK NO 571822 VENDOR 352080 STEVE RASMUSSEN 20015310 REIM FOR UNIFORM 001 - 156363 - 652110 -00000 0.00 59.97 0.00 59.97 153691 REIM FOR UNIFORM CHECK TOTAL 0.00 59.97 CHECK NO 571437 VENDOR 195260 - STEVEN A. MECKSTROTH 20015311 A MCKINNON 1/29 001 - 155930 - 631210 -00000 0.00 144.95 0.00 144.95 154099 A MCKINNON 1/29 20015311 V JEAN 1/23 001 - 155930 - 631210 -00000 0.00 44.20 0.00 44.20 154099 V JEAN 1/23 CHECK TOTAL 0.00 189.15 CHECK NO 571625 VENDOR 297940 - SUBWAY 20015295 2/6 REFRESHMENTS 001 - 122240 - 652210 -00000 0.00 292.00 0.00 292.00 153491 2/6 REFRESHMENTS FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 152 REPORT 100.601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 292.00 CHECK NO 571586 VENDOR 281040 - SUBWAY OF NAPLES 20015845 FEB 7 COOKIES SEXUAL HAR 001 - 121810- 652210.00000 0.00 16.08 0.00 16.08 200829 FEB 7 COOKIES SEXUAL HARASS 20015845 1/31 MANANGING MULT PRIG 001 - 121810. 652210.00000 0.00 14.10 0.00 14.10 200829 1/31 MANAGING MULTI PRIORIT 20015845 FEB 7 DONUTS SEXUAL HARA 001 - 121810. 652210 -00000 0.00 18.45 0.00 18.45 200829 FEB 7 DONUTS SEXUAL HARASSM CHECK TOTAL 0.00 48.63 CHECK NO 571844 VENDOR 900050 - SUE CHANDLER 301420 S CHANDLER REFUND PARKS 111. 156395- 347911 -00000 0.00 75.00 0.00 75.00 S CHANDLER REFUND PARKS 301415 S CHANDLER REFUND PARKS 111 - 000000 - 208901 -00000 0.00 4.50 0.00 4.50 S CHANDLER REFUND PARKS CHECK TOTAL 0.00 79.50 CHECK NO 571845 VENDOR 900050 - SUEANN ZYLSTRA 301398 REF.S.ZYLSTRA 111- 156380. 347990 -00000 0.00 42.00 0.00 42.00 REF.S.ZYLSTRA -YOGA CLASS CHECK TOTAL 0.00 42.00 CHECK NO 571703 VENDOR 329930 - SUMMERLIN'S SEVEN SEAS, INC. 20015864 905 111. 178980- 634999 -00000 0.00 4,400.00 0.00 4.400.00 203162 PILING SIGNS DAYBOARDS CHECK TOTAL 0.00 4,400.00 CHECK NO 571253 VENDOR 17800 - SUMMIT HOME RESP. SVC, INC 20015840 G KOGER 2/4 001- 155930 - 652810 -00000 0.00 55.00 0.00 55.00 201930 G KOGER 2/4 20015840 G KOGER 2/4 001. 155930- 652810 -00000 0.00 213.75 0.00 213.75 201930 G KOGER 2/4 CHECK TOTAL 0.00 268.75 CHECK NO 571254 VENDOR 17820 - SUMMIT MEDICAL SUPPLIES FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015847 164008 201931 PERSON CARE 20015847 162426 201931 PERSON CARE COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001- 155930 - 652810 -00000 0.00 001 - 155930. 652810 -00000 0.00 16JIPAGE 153 AMT NET VCHR DISC 112.14 0.00 634.19 0.00 CHECK TOTAL 0.00 CHECK NO 571648 VENDOR 311790 - SUNBELT OFFICE FURNITURE & 20015863 15000 001 - 121148 - 651930.00000 0.00 2,235.00 001 - 121148 - 641950 -00000 0.00 60.00 0.00 203779 DESKSET CHECK TOTAL 0.00 CHECK NO 571271 VENDOR 101420 - SUNCOAST SCHOOLS 20016109 PP #11 001 - 000000 - 218300 -00000 0.00 131,848.91 0.00 PP #11 CHECK TOTAL 0.00 CHECK NO 571332 VENDOR 136230 - SUNMASTER 20016013 509461 6846/S09462 6846 301 - 155410 - 763100 -80096 0.00 29,331.25 0.00 107584 STORM PANEL SHUTTERS CHECK TOTAL 0.00 CHECK NO 571251 VENDOR 17660 - SUNSHINE ACE HARDWARE 20015858 388195 111. 156332- 652990 -00000 0.00 19.06 0.00 200984 SUPPLIES 20015858 387153 111 - 156332 - 652990 -00000 0.00 27.65 0.00 200984 SUPPLIES 20015861 388129 111 - 156341. 652910.00000 0.00 10.51 111 - 156341- 652990 -00000 0.00 10.37 0.00 203181 SUPPLIES 20015856 459379 408 - 233312 - 652910.00000 0.00 124.77 0.00 200707 SUPPLIES 20015859 388239 111. 156313. 652990 -00000 0.00 42.06 0.00 201711 SUPPLIES 20015850 384819 101 - 163630. 652990 -00000 0.00 37.55 0.00 200036 SUPPLIES FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015858 387929 200984 SUPPLIES 20015856 459541 200707 SUPPLIES 20015859 387983 201711 SUPPLIES 20015858 387477 200984 SUPPLIES 20015851 169044/4825 200086 SUPPLIES 20015858 387913 200984 SUPPLIES 20015858 388196 200984 SUPPLIES 20015858 388310 200984 SUPPLIES 20015860 388346 201713 SUPPLIES 20015858 387920 200984 SUPPLIES 20015858 387814 200984 SUPPLIES 20015858 387913 200984 SUPPLIES 20015861 387934 203181 SUPPLIES 20015851 170504/4825 200086 SUPPLIES 20015855 170401 200525 SUPPLIES 20015850 388340 200036 SUPPLIES 20015858 388163 200984 SUPPLIES COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 111 - 156332 - 652990.00000 0.00 408 - 233312. 652910 -00000 0.00 111 - 156313 - 652990 -00000 0.00 111 - 156332 - 652990 -00000 0.00 109. 182602- 652990.00000 0.00 111. 156332- 652910 -00000 0.00 111 - 156332. 652990.00000 0.00 111 - 156332. 652990 -00000 0.00 111 - 156395 - 652990.00000 0.00 111. 156332- 652990.00000 0.00 111 - 156332 - 652990 -00000 0.00 111 - 156332 - 652990.00000 0.00 111 - 156341 - 652910 -00000 0.00 111 - 156341 - 652990.00000 0.00 109 - 182602. 652990 -00000 0.00 001 - 172930 - 652990.00000 0.00 101. 163630 - 652990 -00000 0.00 111 - 156332 - 652990 -00000 0.00 16JI PAGE 154 AMT NET VCHR DISC 15.08 0.00 85.11 0.00 14.13 0.00 8.07 0.00 17.99 0.00 153.15 0.00 20.67 0.00 18.18 0.00 6.55 0.00 0.89 0.00 3.04 0.00 36.03 0.00 37.79 26.97 0.00 17.99- 0.00 94.17 0.00 63.07 0.00 24.04 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015852 169527 200086 SUPPLIES 20015851 170379/4825 200086 SUPPLIES 20015858 387814 200984 SUPPLIES 20015858 388195 200984 SUPPLIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 109 - 182602- 652990 -00000 0.00 109 - 182602 - 652990.00000 0.00 111. 156332- 652910 -00000 0.00 111. 156332. 652910 -00000 0.00 CHECK NO 571252 VENDOR 17670 - SUNSHINE ACE HARDWARE 20015856 387922 408 - 233351- 652990 -00000 200750 SUPPLIES CHECK NO 571451 VENDOR 200380 - SUNSHINE ACE HARDWARE 20015854 388518 VCHR NET 408. 253221 - 652990 -00000 0.00 200430 SUPPLIES 0.00 20015853 387734 0.00 408 - 253211 - 652990.00000 15.29 200398 SUPPLIES CHECK TOTAL 20015854 388119 0.00 408 - 253221 - 652990.00000 0.00 200430 SUPPLIES 43.63 20015854 388097 0.00 408 - 253221. 652990 -00000 0.00 200430 SUPPLIES 17.54 20015853 387872 0.00 408 - 253211 - 652990 -00000 0.00 200398 SUPPLIES 11.27 20015854 388571 0.00 408. 253221 - 652990.00000 200430 SUPPLIES 20015854 388674 408 - 253221 - 652990 -00000 200430 SUPPLIES 20015854 388308 408 - 253221 - 652990 -00000 200430 SUPPLIES CHECK NO 571538 VENDOR 257140 - SUNSHINE STATE ONE OF FL.INC 16JI PAGE 155 AMT NET VCHR DISC VCHR NET 6.19 0.00 6.19 23.15 0.00 23.15 54.37 0.00 54.37 15.29 0.00 15.29 CHECK TOTAL 0.00 977.91 0.00 288.28 0.00 288.28 CHECK TOTAL 0.00 288.28 0.00 13.40 0.00 13.40 0.00 39.31 0.00 39.31 0.00 111.84 0.00 111.84 0.00 43.63 0.00 43.63 0.00 8.80 0.00 8.80 0.00 17.54 0.00 17.54 0.00 28.75 0.00 28.75 0.00 11.27 0.00 11.27 CHECK TOTAL 0.00 274.54 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015862 0202010183 200738 LOCATE UTILITIES COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408. 210130- 634999 -00000 0.00 16JIPAGE 156 AMT NET VCHR DISC 1,774.12 0.00 CHECK TOTAL 0.00 VCHR NET 1,774.12 1,774.12 CHECK NO 571785 VENDOR 348790 SUPPLY RESOURCE, INC. 20015289 190 113 - 138931 - 652990 -00000 0.00 51.90 0.00 51.90 152391 RUBBER WHEELS CHECK TOTAL 0.00 51.90 CHECK NO 571357 VENDOR 156260 SURETY CONSTRUCTION COMPANY 20016018 02013115 521 - 122410 - 762200 -00000 0.00 14,672.00 0.00 14,672.00 107618 RENOVATION CHECK TOTAL 0.00 14.672.00 CHECK NO 571421 VENDOR 185550 SW FLORIDA ANESTHESIA PLUS 20015312 V JEAN 1 /11 001 - 155930 - 631210 -00000 0.00 201.50 0.00 201.50 154100 V JEAN 1 /11 20015312 D WAJER 1/8 001 - 155930 - 631210 -00000 0.00 201.50 0.00 201.50 154100 D WAJER 1/8 20015312 V NITTOLO 1/9 001 - 155930 - 631210 -00000 0.00 178.75 0.00 178.75 154100 V NITTOLO 1/9 CHECK TOTAL 0.00 581.75 CHECK NO 571761 VENDOR 345700 SWIFT OIL CHANGE INC 20015848 178340 521 - 122410. 646415.00000 0.00 22.00 0.00 22.00 202173 OIL CHANGE 20015848 177805 521 - 122410 - 646415.00000 0.00 22.00 0.00 22.00 202173 OIL CHANGE 20015848 283989 521 - 122410 - 646415 -00000 0.00 22.00 0.00 22.00 202173 OIL CHANGE 20015848 177585 521.122410- 646415 -00000 0.00 22.00 0.00 22.00 202173 OIL CHANGE 20015848 178413 521 - 122410. 646415 -00000 0.00 22.00 0.00 22.00 202173 OIL CHANGE 20015848 284978 521 - 122410 - 646415 -00000 0.00 22.00 0.00 22.00 202173 OIL CHANGE FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015848 178366 202173 OIL CHANGE COLLIER COUNTY, FLORIDA 1 6JI PAGE 157 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC 521. 122410. 646415 -00000 0.00 22.00 0.00 CHECK TOTAL 0.00 CHECK NO 571709 VENDOR 331320 SYMBIONT SERVICE CORPORATION 20015300 12807 001 - 122240 - 646970.00000 0.00 203.00 0.00 150108 REPAIR HEATERS SPORTS COMPLEX CHECK TOTAL 0.00 CHECK NO 571259 VENDOR 18020 TAMIAMI FORD INC 20015805 90737 521.122410- 646425 -00000 0.00 8.46 0.00 203103 PARTS 20015805 91052 521.122410. 646425 -00000 0.00 11.52 0.00 203103 PARTS 20015803 90416 521 - 122410 - 646425 -00000 0.00 140.86 0.00 203103 PARTS 20015803 90289 521. 122410 - 646425 -00000 0.00 135.86 0.00 203103 PARTS 20015804 91342 521 - 122410 - 646425.00000 0.00 91.20 0.00 203103 PARTS 20015804 91580 521 - 122410 - 646425 -00000 0.00 90.88 0.00 203103 PARTS 20015806 91997 521 - 122410.646425 -00000 0.00 2.56 0.00 203103 PARTS 20015803 91786 521 - 122410 - 646425.00000 0.00 4.08 0.00 203103 PARTS 20015806 92089 521.122410- 646425.00000 0.00 35.86 0.00 203103 PARTS 20015804 91321 521 - 122410 - 646425 -00000 0.00 36.19 0.00 203103 PARTS 20015805 90548 521.122410- 646425 -00000 0.00 2.56 0.00 203103 PARTS 20015803 CM91765 -1 521 - 122410 - 646425 -00000 0.00 2.40- 0.00 203103 PARTS VCHR NET 22.00 154.00 203.00 203.00 8.46 11.52 140.86 135.86 91.20 90.88 2.56 4.08 35.86 36.19 2.56 2.40- FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015804 91367 203103 PARTS 20015806 916821 203103 PARTS 20015805 91032 203103 PARTS 20015804 91577 203103 PARTS 20015805 90712 203103 PARTS 20015806 91954 203103 PARTS 20015804 91316 203103 PARTS 20015806 91928 203103 PARTS 20015803 CM90289 203103 PARTS 20015805 90699 203103 PARTS 20015803 91682 203103 PARTS 20015806 CM91561 203103 PARTS 20015806 91919 203103 PARTS 20015803 91765 -1 203103 PARTS 20015803 CM91637 203103 PARTS 20015804 91562 203103 PARTS 20015804 91545 203103 PARTS COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410 - 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410- 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410 - 646425.00000 0.00 521 - 122410 - 646425.00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410- 646425.00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425.00000 0.00 521. 122410. 646425 -00000 0.00 16JI PAGE 158 AMT NET VCHR DISC 93.18 0.00 32.42 0.00 42.68 0.00 10.81 0.00 12.26 0.00 13.56 0.00 8,89 0.00 114.18 0.00 135.86- 0.00 19.70 0.00 12.29 0.00 20.86- 0.00 62.38 0.00 12.77 0.00 1,000.00- 0.00 8.89 0.00 37.12 0.00 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015803 CM91765 203103 PARTS 20015805 90735 203103 PARTS 20015804 91372 203103 PARTS 20015806 91908 203103 PARTS 20015803 91852 203103 PARTS 20015804 91676 203103 PARTS 20015803 CM89981 203103 PARTS 20015806 91885 203103 PARTS 20015805 91029 203103 PARTS 20015806 CM91682 203103 PARTS 20015805 91698 203103 PARTS 20015804 91353 203103 PARTS 20015805 91159 203103 PARTS 20015805 90643 203103 PARTS 20015803 CM89906 203103 PARTS 20015803 91637 203103 PARTS 20015803 91765 203103 PARTS COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410- 646425.00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410. 646425 -00000 0.00 521. 122410 - 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521. 122410- 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 521. 122410. 646425.00000 0.00 521 - 122410 - 646425.00000 0.00 521. 122410. 646425 -00000 0.00 521 - 122410 - 646425 -00000 0.00 16JIPAGE 159 AMT NET VCHR DISC 6.72- 0.00 53.22 0.00 24.60 0.00 25.44 0.00 0.76 0.00 27.80 0.00 600.00- 0.00 56.10 0.00 68.16 0.00 12.29- 0.00 23.28 0.00 96.26 0.00 4.03 0.00 42.16 0.00 1,000.00- 0.00 2,833.33 0.00 9.12 0.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 2.54 REPORT 100 -601 BOARD OF COMMISSIONERS 0.00 41.26 0.00 69.54 SPECIAL DETAILED CHECK REGISTER 0.00 37.86 0.00 FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER 0.00 DESCRIPTION ACCOUNT NO AMT DISC 20015804 91561 0.00 521 - 122410 - 646425 -00000 0.00 CHECK TOTAL 203103 PARTS 20015805 91684 521 - 122410- 646425 -00000 0.00 203103 PARTS 20015806 CM91954 521 - 122410 - 646425 -00000 0.00 203103 PARTS 20015805 90881 521 - 122410 - 646425 -00000 0.00 203103 PARTS 20015806 91907 521 - 122410 - 646425 -00000 0.00 203103 PARTS 20015803 CM91786 -2 521 - 122410- 646425 -00000 0.00 203103 PARTS 20015804 91517 521 - 122410 - 646425 -00000 0.00 203103 PARTS 20015806 91966 521 - 122410 - 646425 -00000 0.00 203103 PARTS 20015805 90508 521. 122410- 646425 -00000 0.00 203103 PARTS 20015804 91788 521 - 122410 - 646425.00000 0.00 203103 PARTS 20015804 91649 521 - 122410 - 646425 -00000 0.00 203103 PARTS 20015805 90893 521 - 122410. 646425 -00000 0.00 203103 PARTS 20015806 918521 521 - 122410 - 646425 -00000 0.00 203103 PARTS CHECK NO 571305 VENDOR 117110 - TAMPA BAY TRANE SERVICE 20015796 334638 001 - 122240 - 652997.00000 201257 MAINT. 20015796 332937 001 - 122240 - 652997 -00000 201257 MAINT. 20015796 306207 001. 122240 - 652997 -00000 201257 MAINT. 16JI PAGE 160 AMT NET VCHR DISC 20.86 0.00 2.54 0.00 13.56- 0.00 41.26 0.00 69.54 0.00 4.08- 0.00 37.86 0.00 23.71 0.00 5.94 0.00 2.63 0.00 216.12 0.00 72.84 0.00 0.54 0.00 CHECK TOTAL 0.00 0.00 762.79 0.00 762.79 0.00 119.21 0.00 119.21 0.00 438.00 0.00 438.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J I PAGE 161 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015796 305020 001. 122240 - 652997.00000 0.00 1,045.75 0.00 1.045.75 201257 MAINT. 20015796 305022 001 - 122240. 652997 -00000 0.00 584.00 0.00 584.00 201257 MAINT. CHECK TOTAL 0.00 2,949.75 CHECK NO 571502 VENDOR 238410 TANNER INDUSTRIES 20015722 84242 408. 253221- 652310.00000 0.00 758.63 0.00 758.63 202573 AMMONIA CHECK TOTAL 0.00 758.63 CHECK NO 571835 VENDOR 900030 TARA MCGRAW 301412 2111.12 TRVL T MCGRAW 001 - 121710 - 640300 -00000 0.00 250.79 0.00 250.79 2/11 -12 TRVL T MCGRAW CHECK TOTAL 0.00 250.79 CHECK NO 571795 VENDOR 350100 TAYLOR ENGINEERING 20015835 3662 195. 110406. 631400 -10500 0.00 1,541.23 195 - 110406 - 631400.10501 0.00 0.00 195 - 110406 - 631400 -10504 0.00 0.00 195 - 110406. 631400 -10506 0.00 0.00 0.00 1.541.23 203879 THRU 1/27/02 CHECK TOTAL 0.00 1,541.23 CHECK NO 571260 VENDOR 18040 TAYLOR RENTAL 20015723 1- 210232 -07 11/16/01 001 - 122240 - 644600 -00000 0.00 330.00 0.00 330.00 201532 RENT EQUIP CHECK TOTAL 0.00 330.00 CHECK NO 571510 VENDOR 244940 TELIMAGINE, INC. 20015453 41540918/3696668 001 - 156110 - 644600 -00000 0.00 687.00 0.00 687.00 MARCH 2002 200142 CHECK TOTAL 0.00 687.00 CHECK NO 571784 VENDOR 348750 TERRY KEPPLE 20006986 SETTLEMENT 313. 163673- 631400 -60071 0.00 4,000.00 0.00 4,000.00 203488 SETTLEMENT FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC 16JI PAGE 162 AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 4,000.00 CHECK NO 571815 VENDOR 351550 - THE BUTLER COMPANY 20015386 5081202 1/28 001 - 155410 - 652710 -00000 0.00 15.68 0.00 15.68 153974 HEPARIN 1000 UNIT CHECK TOTAL 0.00 15.68 CHECK NO 571626 VENDOR 298860 THE EQUIPMENT BOOKIE 20015677 6927 521 - 122410 - 646425 -00000 0.00 18.00 0.00 18.00 200706 PARTS CHECK TOTAL 0.00 18.00 CHECK NO 571237 VENDOR 14880 THE PHOTO LAB 20015781 79220 /LIBRARY 001 - 156110. 647210 -00000 0.00 17.00 0.00 17.00 200458 FILM PROC 1/30 20016051 79082 /TRANSPORTATION ENG 313- 163673 - 647210.69101 0.00 18.37 0.00 18.37 152339 - FILM PROC, 1/23 20015530 79290 /PUBLIC INFO 001 - 100130- 647210 -00000 0.00 6.70 0.00 6.70 153965 - FILM PROC, 2/1 20016051 79089 /TRANSPORTATION ENG 313. 163673- 647210 -60111 0.00 36.83 0.00 36.83 152339 - FILM PROC, 1/23 20016051 79082 /TRANSPORTATION ENG 338 - 163650 - 647210.63041 0.00 36.83 0.00 36.83 152339 - FILM PROC, 1/23 20015781 79173 /LIBRARY 001- 156110. 647210 -00000 0.00 17.00 0.00 17.00 200458 FILM PROC 1/30 20015531 79271 /MUSEUM 198- 157410 - 647210 -00000 0.00 30.55 0.00 30.55 153426 - PHOTO PROCESSING, 211 20015781 79190 /LIBRARY 001 - 156110 - 647210 -00000 0.00 23.90 0.00 23.90 200458 FILM PROC 1/30 20015530 79145 /PUBLIC INFO 001 - 100130 - 647210 -00000 0.00 10.90 0.00 10.90 153965 - FILM PROC, 1/25 20016051 79089 /TRANSPORTATION ENG 333. 163650- 647210 -60071 0.00 36.83 0.00 36.83 152339 - FILM PROC, 1/23 20016051 79089 /TRANSPORTATION ENG 313 - 163673 - 647210 -69101 0.00 18.46 0.00 18.46 152339 - FILM PROC, 1/23 FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20016051 79089 /TRANSPORTATION ENG 152339 - FILM PROC, 1/23 20015781 79285 /LIBRARY 200458 FILM PROC 2/1 COLLIER COUNTY, FLORIDA 16JIPAGE 163 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 313 - 163673- 647210 -62031 0.00 36.83 0.00 36.83 001. 156110- 647210 -00000 0.00 50.90 0.00 CHECK TOTAL 0.00 CHECK NO 571239 VENDOR 15270 - THE PRINT SHOP 20015532 54383 111 - 138911 - 647110 -00000 0.00 348.50 0.00 153450 . 5,000 BROCHURES, 211 CHECK TOTAL 0.00 CHECK NO 571420 VENDOR 184910 THOMAS M. FITZPATRICK M.D. 20015298 S BAINTER 1/25 001 - 155930.631210.00000 0.00 97.50 0.00 154101 S BAINTER 1/25 CHECK TOTAL 0.00 CHECK NO 571343 VENDOR 145340 THOMAS SCIENTIFIC 20015302 20020151187 5001 001 - 122240 - 652910.00000 0.00 329.00 0.00 153493 POLYSCIENCE CHECK TOTAL 0.00 CHECK NO 571797 VENDOR 350290 TIDELAND SIGNAL CORPORATION 20015794 155844 195 - 110406 - 634999 -10509 0.00 4.897.41 0.00 203948 NAVIG.FLASHING LIGHT CHECK TOTAL 0.00 CHECK NO 571564 VENDOR 271800 TILDEN LOBNITZ & COOPER, INC. 20015833 143928 414 - 263611 - 631400 -74039 0.00 1,148.04 0.00 4416 THRU 1/18/02 20016166 143916 414 - 263611 - 631400 -74015 0.00 10.634.50 0.00 107717 TO 1/25/02 CHECK TOTAL 0.00 CHECK NO 571505 VENDOR 239650 - TOTAL COMMUNICATION CONCEPTS GROUP, 20015797 1903 #SNAPS 7301383 001 - 156110 - 634999 -00000 0.00 1,480.82 0.00 204348 NETWORK WIRING FEBRUARY 27, 2002 REPORT 100.601 VOUCHER DESCRIPTION 20015798 1885 SNAPS#7301383 204265 NETWORK WIRING CHECK NO 571560 VENDOR 269800 - TRADEWINDS 20015946 653PY G YILMAZ 156001 G YILMAZ 20015946 653QO G MOROCCO 153001 G MOROCCO CHECK NO 571607 VENDOR 290610 . TRANE 20015795 307048 202233 MAINT.SVS COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001. 156110- 634999 -00000 0.00 470 - 173410 - 640300.00000 0.00 470 - 173435 - 640300 -00000 0.00 16JIPAGE 164 AMT NET VCHR DISC 3.904.84 0.00 CHECK TOTAL 0.00 267.00 267.00 CHECK TOTAL 001 - 122240 - 634999 -00000 0.00 4,672.00 CHECK TOTAL CHECK NO 571760 VENDOR 345680 - TRANS COM USA 0.00 20015707 3220370021 0.00 521 - 122410 - 646425 -00000 0.00 0.00 202172 PARTS 28.80 0.00 28.80 20015707 3220320015 2.90 521 - 122410 - 646425 -00000 0.00 46.24 202172 PARTS 0.00 10.80 41.55 20015707 3220370014 521. 122410 - 646425 -00000 0.00 202172 PARTS CHECK NO 571261 VENDOR 18490 TRI- COUNTY BLUEPRINT & SUPPLY 20015780 9.000052 111 - 156310 - 651210.00000 0.00 201386 XEROX BOND 20015800 5.021846 408. 210105- 647110 -00000 0.00 200188 XEROX BOND 20015780 5.021738 111 - 156310 - 651210.00000 0.00 201386 XEROX BOND 20015799 5.021704 412 - 273511. 647110 -70066 0.00 153340 XEROX BOND 20015780 9.000094 111 - 156310- 651210.00000 0.00 201386 XEROX BOND 0.00 0.00 0.00 0.00 0.00 VCHR NET 3,904.84 5,385.66 267.00 267.00 534.00 4,672.00 4,672.00 168.00 0.00 168.00 140.00 0.00 140.00 49.95 0.00 49.95 CHECK TOTAL 0.00 357.95 28.80 0.00 28.80 2.90 0.00 2.90 46.24 0.00 46.24 10.80 0.00 10.80 41.55 0.00 41.55 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015800 5.021699 200188 XEROX BOND 20015780 5.021762 201386 XEROX BOND 20015800 5.021700 200188 XEROX BOND 20015800 5.021728 200188 XEROX BOND COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408. 210105- 647110.00000 0.00 111 - 156310. 651210.00000 0.00 408 - 210105 - 647110 -00000 0.00 408 - 210105 - 647110 -00000 0.00 16JIPAGE 165 AMT NET VCHR DISC VCHR NET 12.60 0.00 12.60 25.48 0.00 25.48 5.40 0.00 5.40 31.20 0.00 31.20 CHECK TOTAL 0.00 204.97 CHECK NO 571469 VENDOR 214150 TRIAX, INC. 20015978 13002CCAPC 001 - 172930 - 652310.00000 0.00 25,200.00 0.00 25,200.00 202195 HERICIDES CHECK TOTAL 0.00 25.200.00 CHECK NO 571262 VENDOR 18530 TROPHY CASE OF NAPLES 20015274 9800 101. 163620- 634999.00000 0.00 275.20 0.00 275.20 152835 PLAQUES CHECK TOTAL 0.00 275.20 CHECK NO 571414 VENDOR 182050 TROPIC SUPPLY INC. 20015802 14098963 001. 122240 - 652996 -00000 0.00 32.03 0.00 32.03 201256 HVAC PARTS 20015802 14098961 001 - 122240 - 652996 -00000 0.00 26.22 0.00 26.22 201256 HVAC PARTS 20015802 14102367 001 - 122240. 652996.00000 0.00 11.50 0.00 11.50 201256 HVAC PARTS 20015802 14102385 001 - 122240 - 652998 -00000 0.00 5.64 0.00 5.64 201256 HVAC PARTS 20015802 14098842 001 - 122240 - 652996 -00000 0.00 15.24 0.00 15.24 201256 HVAC PARTS 20015802 14098960 001.122240.652996.00000 0.00 7.95 0.00 7.95 201256 HVAC PARTS 20015802 14102342 001 - 122240 - 652996 -00000 0.00 37.47 0.00 37.47 201256 HVAC PARTS FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015802 84401 201256 HVAC PARTS 20015802 14099062 201256 HVAC PARTS 20015802 14099016 201256 HVAC PARTS 20015802 14102438 201256 HVAC PARTS 20015802 14102456 201256 HVAC PARTS 20015802 14098847 201256 HVAC PARTS 20015802 14099055 201256 HVAC PARTS 20015802 14098984 201256 HVAC PARTS 20015802 14102339 201256 HVAC PARTS COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 001 - 122240 - 652996.00000 0.00 001 - 122240 - 652996 -00000 0.00 001. 122240- 652996.00000 0.00 001. 122240. 652996 -00000 0.00 001 - 122240 - 652996.00000 0.00 001 - 122240. 652996.00000 0.00 001. 122240. 652996 -00000 0.00 001 - 122240 - 652996 -00000 0.00 001. 122240 - 652996.00000 0.00 CHECK NO 571746 VENDOR 343600 - TRUEGREEN LANDSCAPE 20015977 #4 JAN /02 001 - 126334 - 646314.00000 203840 LANDSCAPE MAINT. CHECK NO 571581 VENDOR 278670 - TRUGREEN 20015671 755940 200259 FERT. &PEST CONTR. 20015669 755978 202013 FERT. 20015671 756193 200259 FERT. &PEST CONTR. 001 - 126334- 646314 -00000 001. 126334. 646314 -00000 001 - 126334 - 646314 -00000 CHECK NO 571757 VENDOR 345310 - TRUGREEN LANDCARE 16JIPAGE 166 AMT NET VCHR DISC 66.36 0.00 7.95 0.00 26.64 0.00 109.58 0.00 30.52 0.00 17.76 0.00 19.97 0.00 8.01 0.00 163.22 0.00 CHECK TOTAL 0.00 0.00 6,250.00 0.00 6.250.00 CHECK TOTAL 0.00 6,250.00 0.00 100.00 0.00 100.00 0.00 2,000.00 0.00 2,000.00 0.00 70.00 0.00 70.00 CHECK TOTAL 0.00 2,170.00 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 167 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015302 1851932170 001- 122240 - 646314 -00000 0.00 950.00 0.00 950.00 153492 INSTALL PALMS FOR TAILER AREA 20015290 1851942837 001.156363. 646311 -00000 0.00 75.00 0.00 75.00 153681 EMERGENCY CALL IRRIGATION CHECK TOTAL 0.00 1,025.00 CHECK NO 571523 VENDOR 253060 TRUTWIN INDUSTRIES, INC. 20015670 28128 101 - 163630 - 634999 -00000 0.00 1,314.00 0.00 1.314.00 200046 PAINT,MARKINGS 20015672 28054 313.163673- 763100 -60173 0.00 584.50 0.00 584.50 203674 PAINT,MARKINGS CHECK TOTAL 0.00 1,898.50 CHECK NO 571803 VENDOR 350790 TYCO ELECTRONIC /DENTO 20015793 62343 001.156110- 647110 -00000 0.00 1,550.00 0.00 1,550.00 204130 BAR CODE LABELS CHECK TOTAL 0.00 1.550.00 CHECK NO 571450 VENDOR 199940 - U.S. DIVING 20015448 J.GERSONDE MMB /SHIP 111 - 156313. 654210.00000 0.00 100.00 0.00 100.00 152221 DIVING COACH MMB CHECK TOTAL 0.00 100.00 CHECK NO 571608 VENDOR 291300 U.S. FILTER 20015269 8915662 408 - 233351 - 652310.00000 0.00 1,237.50 0.00 1,237.50 203905 CHEM. CHECK TOTAL 0.00 1,237.50 CHECK NO 571500 VENDOR 237480 U.S. FILTER /DAVIS 20015260 8102759 408 - 253212 - 655100.00000 0.00 630.00 0.00 630.00 200517 TUBING CHECK TOTAL 0.00 630.00 CHECK NO 571724 VENDOR 337200 UAP TIMBERLAND, LLC 20015258 109423 109 - 182602. 652310 -00000 0.00 107.50 0.00 107.50 201650 COPPER SULF. FEBRUARY 27, 20, COUNTY 16JI PAGE 168 REPORT 100 -6002 OF SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 107.50 CHECK NO 571587 VENDOR 281240 - UNITED MECHANICAL INC 20015420 4532 001 - 122240 - 646283 -00000 0.00 8,280.00 0.00 8,280.00 203471 REP.& INSULATION CHECK TOTAL 0.00 8.280.00 CHECK NO 571263 VENDOR 18900 - UNITED PARCEL SERVICE 20014999 63797062 001.000000- 142900 -00000 0.00 207.79 0.00 207.79 200056 SHIPPING 20015976 363797072 001 - 000000- 142900.00000 0.00 139.89 0.00 139.89 200056 SHIPPING CHECK TOTAL 0.00 347.68 CHECK NO 571591 VENDOR 282270 UNITED RENTAL 20015259 23386739 -001 408 - 253211 - 644600.00000 0.00 203.94 0.00 203.94 201826 EQUIP.RENTAL CHECK TOTAL 0.00 203.94 CHECK NO 571272 VENDOR 102380 UNITED WAY 20016132 PP #11 001. 000000- 217100 -00000 0.00 564.51 0.00 564.51 PP #11 CHECK TOTAL 0.00 564.51 CHECK NO 571590 VENDOR 281890 URISA 20015425 MMB R.JETT 001 - 121148.654110 -00000 0.00 132.00 0.00 132.00 154138 MMB /SHIP CHECK TOTAL 0.00 132.00 CHECK NO 571836 VENDOR 900040 US HOME CORP. 301383 REF.USHOME 04625592400 408 - 000000 - 115001 -00000 0.00 12.00 0.00 12.00 REF.USHOME 1786 MORINING SUN LN 301385 REF.USHOME 04626002700 408 - 000000 - 115001.00000 0.00 39.00 0.00 39.00 USHOME 2147 MORINING SUN LN 301382 REF.USHOME 04625592200 408.000000- 115001 -00000 0.00 12.00 0.00 12.00 REF.USHOME 1778 MORNING SUN LN FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 414 - 263611. 763100 -73069 0.00 1 6 J 1 PAGE 169 REPORT 100 -601 BOARD OF COMMISSIONERS 107479 12/27/01- 1/25/02 SPECIAL DETAILED CHECK REGISTER 20016168 SEVEN 301 - 110472. 762200 -80535 0.00 FOR CHECKS DATED FEBRUARY 26, 2002 160,728.42 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 301384 REF.USHOME 04625592500 408 - 000000- 115001 -00000 0.00 12.00 0.00 12.00 16,072.84- REF.USHOME 1790 MORINING SUN LN 106702 TO 1/25/02 RETAINAGE 20015815 TWO RETAINAGE CHECK TOTAL 0.00 75.00 CHECK NO 571713 VENDOR 331850 - US LIQUIDS OF FLORIDA INC 107479 12/27/01- 1/25/02 RETAINAGE 20015421 281704 470 - 173462. 634999 -00000 0.00 5,402.00 0.00 5,402.00 202800 HAZ.WASTE 0.00 171,947.18 CHECK NO 571160 VENDOR 314680 - VERIZON WIRELESS MESSAGING SERVICES CHECK TOTAL 0.00 5,402.00 CHECK NO 571432 VENDOR 190630 - VACCARO CONSULTING 20015424 JAN /02 412 - 273511 - 763100.70882 0.00 5,375.00 0.00 5.375.00 107670 PROF.SVS CHECK TOTAL 0.00 5.375.00 CHECK NO 571300 VENDOR 115650 - VANDERBILT BAY CONSTRUCTION, INC. 20015815 TWO 414 - 263611. 763100 -73069 0.00 30,324.00 0.00 30,324.00 107479 12/27/01- 1/25/02 20016168 SEVEN 301 - 110472. 762200 -80535 0.00 160,728.42 0.00 160,728.42 106702 TO 1/25/02 20016168 SEVEN RETAINAGE 301 - 000000. 205100 -00000 0.00 16,072.84- 0.00 16,072.84- 106702 TO 1/25/02 RETAINAGE 20015815 TWO RETAINAGE 414 - 000000 - 205100.00000 0.00 3,032.40- 0.00 3,032.40- 107479 12/27/01- 1/25/02 RETAINAGE CHECK TOTAL 0.00 171,947.18 CHECK NO 571160 VENDOR 314680 - VERIZON WIRELESS MESSAGING SERVICES 20015254 61Y941410070477108 01102 001. 443010- 641210 -00000 0.00 4.28 0.00 4.28 AND CHECK TOTAL 0.00 4.28 CHECK NO 571656 VENDOR 314680 - VERIZON WIRELESS MESSAGING SERVICES 20015255 A2120608CB 2/1. 2/28/02 146 - 144380 - 641150 -00000 0.00 20.69 0.00 20.69 200306 2/1. 2/28/02 PAGER SVS 20015567 A2120817CB 2/1- 2/28/02 001 - 121143 - 641150.00000 0.00 54.06 0.00 54.06 201564 2/1- 2/28/02 PAGER 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J 1 PAGE 170 FEBRUARY BOARD OF COMMISSIONERS REPORT 100.601 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET VOUCHER 20015966 A2102082CB 2/1- 2/28/02 111 - 138911 - 641150 -00000 0.00 46.65 0.00 46.65 154249 2/1. 2/28/02 PAGER SVS CHECK TOTAL 0.00 121.40 CHECK NO 571264 VENDOR 19150 - VERMEER SOUTHEAST SALES & 109 - 182901. 634999.00000 0.00 747.50 0.00 747.50 20015265 WFO5388 204289 REPAIR CHIPPER 20015266 WF05403 109 - 182901- 652990 -00000 0.00 801.66 10.00 0.00 811.66 109 - 182901- 641950 -00000 0.00 204198 PARTS FOR CHIPPER CHECK TOTAL 0.00 1.559.16 CHECK NO 571265 VENDOR 19260 - VICS SHOE REPAIR 20015262 9060000219 408 - 253211. 652120 -00000 0.00 200.65 0.00 200.65 151209 SHOES 408 - 233351. 652140 -00000 0.00 298.40 0.00 298.40 20015264 9060000228 200802 SHOES 20015256 9060000232 101. 163620- 652140.00000 0.00 125.00 0.00 125.00 200952 SHOES 20015263 9060000215 490 - 144610 - 652110.00000 0.00 160.65 0.00 160.65 200116 SHOES CHECK TOTAL 0.00 784.70 CHECK NO 571311 VENDOR 122690 - VICTOR J. LATAVISH, P.A. 20016173 VL- 00- 7/1 -18 -02 346 - 116360 - 763100 -00173 0.00 200.00 0.00 200.00 102420 TO 1/18/02 20016172 12112101 346. 116360- 631100 -00173 0.00 250.00 0.00 250.00 153685 PLAN REVIEW SERVICES CHECK TOTAL 0.00 450.00 CHECK NO 571412 VENDOR 180740 - VINEYARDS UTILITY, INC. 20015267 #347 JAN /02 111 - 156332. 643400 -00000 0.00 282.70 0.00 282.70 #347 JAN /02 CHECK TOTAL 0.00 282.70 CHECK NO 571720 VENDOR 334620 - VOPAK USA INC FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015261 TA- 622143 152246 CHEM. COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 408- 253221 - 652310.00000 0.00 CHECK NO 571422 VENDOR 185990 - VWR SCIENTIFIC 20015566 9941044 408 - 233350 - 652990 -00000 200727 LAB.SUPPL. 20015450 10001201 408 - 253250 - 652990 -00000 201631 LAB.SUPPL. 20015566 9981290 408- 233350 - 652990.00000 200727 LAB.SUPPL. 20015566 9939622 408. 233350- 652990.00000 200727 LAB.SUPPL. CHECK NO 571306 VENDOR 119030 - WASTE MANAGEMENT, INC. 20016000 2/02 COLLECTIONS 473 - 173411. 634800 -00000 201196 2/02 MANDATORY COLLECTIONS 20016000 2/02 FRANCHISE FEE 473. 173411- 313710.00000 201196 FRANCHISE FEE CHECK NO 571286 VENDOR 109110 - WASTE MGMT OF COLLIER COUNTY 20015437 8657878/160984 01102 001. 156175- 643300 -00000 0.00 8657878/160984 01/02 431.33 20015000 1499673/165307 02/02 521 - 122410 - 643300 -00000 0.00 200712 1499673/165307 02/02 0.00 20015437 8657878/165051 02/02 001. 156175- 643300.00000 821.86 8657878/165051 02/02 0.00 20015004 8657645/165434 02/02 001 - 122240 - 643300 -00000 15.419.77 - 8657645/165434 02/02 0.00 20015004 1487276/165278 02/02 001 - 122240. 643300 -00000 231.97 1487276/165278 02/02 0.00 20015003 1496518/165304 02102 001- 061010 - 643300 -00000 688.43 1496518/165304 02/02 0.00 16JIPAGE 171 AMT NET VCHR DISC VCHR NET 250.50 0.00 250.50 CHECK TOTAL 0.00 250.50 0.00 83.73 0.00 83.73 0.00 431.33 0.00 431.33 0.00 227.50 0.00 227.50 0.00 79.30 0.00 79.30 CHECK TOTAL 0.00 821.86 0.00 476,455.30 0.00 476,455.30 0.00 15,419.77- 0.00 15.419.77 - CHECK TOTAL 0.00 461,035.53 0.00 231.97 0.00 231.97 0.00 217.94 0.00 217.94 0.00 688.43 0.00 688.43 0.00 126.00 0.00 126.00 0.00 311.11 0.00 311.11 0.00 89.50 0.00 89.50 FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015004 1490811/163770 02/02 1490811/163770 02/02 20015437 1496321/166039 02/02 1496321/166039 02/02 20015003 8656593/165381 02/02 8656593/165381 02/02 20015003 1514605/165334 02/02 1514605/165334 02/02 20015437 2173305/163205 02/02 2173305/163205 02/02 20015004 2429714/62816 01/02 2429714/62816 01102 20015438 1495295/163262 02/02 200153 1495295/163262 02/02 20015003 1499835/165308 02/02 1499835/165308 02/02 20015437 1518082/159133 01/02 1518082/159133 01/02 20015004 8657481/165425 02/02 8657481/165425 02/02 20015003 1484455/165263 02/02 1484455/165263 02/02 20015437 8657533/165430 02/02 8657533/165430 02/02 20015004 8657431/164223 02/02 8657431/164223 02/02 20015004 8656808/165389 02/02 8656808/165389 02/02 20015568 1499878/165890 02/02 201648 1499878/165890 02/02 20015004 1501996/164495 02/02 1501996/164495 02/02 COLLIER COUNTY, FLORIDA 0.00 BOARD OF COMMISSIONERS 0.00 SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 113 - 138900. 643300 -00000 0.00 146 - 144380. 643300 -00000 0.00 001. 061010 - 643300 -00000 0.00 001 - 061010 - 643300.00000 0.00 490 - 144610. 643300 -00000 0.00 001 - 122240 - 643300.00000 0.00 495 - 192370. 643300 -00000 0.00 001. 061010. 643300 -00000 0.00 001 - 061010. 643300 -00000 0.00 001 - 122240 - 643300 -00000 0.00 001 - 061010 - 643300 -00000 0.00 490 - 144610 - 643300 -00000 0.00 001 - 155410 - 643300 -00000 0.00 001 - 122240 - 643300 -00000 0.00 001 - 157110 - 643300.00000 0.00 109 - 182602- 643300.00000 0.00 109. 182901- 643300 -00000 0.00 I 6 172 AMT NET VCHR DISC 403.03 0.00 10.52 0.00 126.00 0.00 149.94 0.00 10.52 0.00 2,448.08 0.00 126.00 0.00 89.50 0.00 15.00 0.00 576.57 0.00 403.03 0.00 10.52 0.00 238.10 0.00 221.21 0.00 89.50 0.00 54.85 163.09 0.00 CHECK TOTAL 0.0C FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 1 6 J IPAGE 173 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK NO 571576 VENDOR 276710 WATER CONNECTION INC 20015443 14868 408 - 253221. 649990 -00000 0.00 65.00 0.00 65.00 152248 ANNUAL MAINT. CHECK TOTAL 0.00 65.00 CHECK NO 571585 VENDOR 280890 WATER RESOURCE SOLUTIONS INC 20015820 2522 -2 413 - 263611 - 763100 -73948 0.00 103.640.60 0.00 103.640.60 201751 THRU 1/31/02 20015821 2509 414. 263611- 631400.74030 0.00 15.450.00 0.00 15,450.00 917297 THRU 1/31/02 CHECK TOTAL 0.00 119,090.60 CHECK NO 571353 VENDOR 151900 WATER TREATMENT & CONTROL CO. 20015422 053928 408 - 253211. 634999.00000 0.00 6,424.18 0.00 6,424.18 203009 MAINT.& PARTS CHECK TOTAL 0.00 6,424.18 CHECK NO 571629 VENDOR 299360 WATERVIEW PRESS INC 20015726 30745 355. 156190. 766100 -00000 0.00 457.20 0.00 457.20 154169 BOOKS CHECK TOTAL 0.00 457.20 CHECK NO 571770 VENDOR 347160 WATSON INDUSTRIES, INC. 20015447 2 -0626 001 - 100130 - 652990 -00000 0.00 195.00 0.00 195.00 153872 VIDEO CASSETTES CHECK TOTAL 0.00 195.00 CHECK NO 571574 VENDOR 276690 - WEATHER SERVICES INTERNATIONAL 20015439 338045 2/1- 2/28/02 001 - 144510 - 644620 -00000 0.00 147.00 0.00 147.00 200565 2/1- 2/28/02 BASIC SVS CHECK TOTAL 0.00 147.00 CHECK NO 571447 VENDOR 199260 - WEEKS AND ASSOCIATES. INC. 20015445 09240 001 - 100130 - 647110 -00000 0.00 225.00 0.00 225.00 153869 PRESS PLATES & FILM FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA 16JI PAGE 174 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20015444 09237 001 - 100130. 647110 -00000 0.00 275.00 0.00 275.00 153871 DESIGN OF BROCHURE 20015423 09232 001 - 100130 - 647110 -00000 0.00 4,906.00 0.00 4,906.00 204284 ANNUAL REPORTS 20015446 09239 001 - 100130 - 647110 -00000 0.00 700.00 0.00 700.00 153867 PHOTO.ANN.REPORT CHECK TOTAL 0.00 6,106.00 CHECK NO 571549 VENDOR 264010 WEISS RATINGS INC 20015449 3079347 355.156190- 766100.00000 0.00 392.95 0.00 392.95 154140 BOOKS CHECK TOTAL 0.00 392.95 CHECK NO 571324 VENDOR 129350 WELLESLEY INN 20015427 01- 008002MMA /R.RAMOS16263 681 - 421190.634405.00000 0.00 90.39 0.00 90.39 01- 008002MMA /R.RAMOS G16263 1/15 20015427 01- 008002MM R.RAMOS 16264 681 - 421190 - 634405 -00000 0.00 46.56 0.00 46.56 01- 008002MM R.RAMOS G16264 01/15 CHECK TOTAL 0.00 136.95 CHECK NO 571266 VENDOR 19640 WEST FLORIDA SUPPLY CO., INC. 20015442 016765 -00 408- 253211 - 652310 -00000 0.00 225.74 0.00 225.74 200404 CLEANER CHECK TOTAL 0.00 225.74 CHECK NO 571537 VENDOR 256920 WEST GROUP 20015724 800967241/1000782070 355. 156190 - 766100.00000 0.00 10.00 0.00 10.00 154171 COURT RULES CHECK TOTAL 0.00 10.00 CHECK NO 571267 VENDOR 19660 WEST PUBLISHING PAYMENT CENTER 20015268 800664549 001. 421010 - 654110 -00000 0.00 52.00 0.00 52.00 153753 NOV.CHARGES CHECK TOTAL 0.00 52.00 CHECK NO 571370 VENDOR 161430 WESTWIND CONTRACTING FEBRUARY 16JI PAGE 175 REPORT 100 -6002 BOARDEOFCCOMMISSIONERSA SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET 20016157 #3 RETAINAGE 496. 000000- 205100 -00000 0.00 4,732.32- 0.00 4,732.32- 202280 TO 1/31/02 RETAINAGE 20016157 #3 496. 192340 - 763100 -33327 0.00 47,323.25 0.00 47.323.25 202280 TO 1/31/02 CHECK TOTAL 0.00 42,590.93 CHECK NO 571711 VENDOR 331470 WGCU -TV 20015441 00501 -80 001- 100130 - 634999.00000 0.00 686.00 0.00 686.00 200203 STUDIO TAPING CHECK TOTAL 0.00 686.00 CHECK NO 571446 VENDOR 198440 WHOLESALE SCREEN PRINTING 20015426 4324 408 - 233351. 652120 -00000 0.00 796.70 0.00 796.70 152842 HATS CHECK TOTAL 0.00 796.70 CHECK NO 571433 VENDOR 192170 WILKISON & ASSOCIATES 20016169 17817 313 - 163673 - 763100.60173 0.00 3,065.00 0.00 3.065.00 203490 THRU 1/27/02 20015826 17790 313- 163673. 649100 -69081 0.00 3,265.00 0.00 3,265.00 203866 1/18- 2/4/02 CHECK TOTAL 0.00 6,330.00 CHECK NO 571808 VENDOR 351140 - WILLIAM JACKSON 20015415 3/3 -6 ADV PD W JACKSON 301 - 121125 - 640300 -01017 0.00 75.00 0.00 75.00 3/3.6 W JACKSON ADV PD CHECK TOTAL 0.00 75.00 CHECK NO 571837 VENDOR 900040 - WILLIAM KIELHORN 301386 REF.W.KIELHORN06000897800 408 - 000000. 115001 -00000 0.00 6.76 0.00 6.76 REF.W.KIELHORN 2230 PRINCE LN CHECK TOTAL 0.00 6.76 CHECK NO 571373 VENDOR 163940 - WILLIAM R. VOLPE 20015676 12/6- 1/31/02 111. 156381- 634999.00000 0.00 87.75 0.00 87.75 203624 DANCE 12/6. 1/31/02 CHECK NO 571427 VENDOR 189740 - WORLD MEDIA EXPRESS FEBRUARY COUNTY, FLORID 1 6 J 1 PAGE 176 REPORT 100 -6002 ONERSA SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR DISC VCHR NET CHECK TOTAL 0.00 87.75 CHECK NO 571268 VENDOR 19770 - WILSON MILLER ET AL 20015831 50880 331 - 163650 - 631400 -60111 0.00 25.849.71 331 - 163650 - 763100 -60111 0.00 0.00 313. 163673- 631400.60111 0.00 17.561.67 0.00 43.411.38 6407 THRU 1/25/02 20015817 51036 414 - 263611 - 631400 -74023 0.00 46.25 0.00 46.25 4567 THRU 1/25/02 20015828 50881 313. 163673. 631400 -63041 0.00 37,639.89 0.00 37,639.89 4578 THRU 1/25/02 CHECK TOTAL 0.00 81,097.52 CHECK NO 571623 VENDOR 297010 WILSON MILLER INC 20016170 51004 113 - 138900- 634999 -00000 0.00 0.00 113. 138900- 634999 -01014 0.00 0.00 301 - 210140. 634999 -01014 0.00 5.000.00 0.00 5,000.00 201833 THRU 1/25/02 20016171 51035 414. 263611. 631400 -73078 0.00 50.50 0.00 50.50 204041 THRU 1/25/02 20015818 50930 412 - 273511 - 631400.70128 0.00 288.00 0.00 288.00 107167 THRU 1/25/02 CHECK TOTAL 0.00 5,338.50 CHECK NO 571440 VENDOR 196620 WINN -DIXIE STORES, INC. #751 20015428 CUST#8136 0506 111. 156343. 652210 -00000 0.00 20.00 0.00 20.00 202484 SUPPL. 20015967 0501 111 - 156349. 652210 -00000 0.00 132.11 0.00 132.11 202951 FOOD CHECK TOTAL 0.00 152.11 CHECK NO 571345 VENDOR 146770 - WOOLEY'S RADIATOR REPAIR 20015440 10139 521 - 122410 - 646415.00000 0.00 90.00 0.00 90.00 200939 CLEAN & REPAIR CHECK TOTAL 0.00 90.00 CHECK NO 571427 VENDOR 189740 - WORLD MEDIA EXPRESS FEBRUARY 27, 2002 REPORT 100 -601 VOUCHER DESCRIPTION 20015725 112290 154167 BOOKS COLLIER COUNTY, FLORIDA BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 ACCOUNT NO AMT DISC 355. 156190- 766100 -00000 0.00 CHECK NO 571846 VENDOR 900050 - WORLDWIDE MARKETING 301405 REF.WORLDWIDE MKT TRST /TX 193 - 101541. 983000 -00000 0.00 REF.WORLDWIDE MKT NOV /01 G.TODD 301407 REF.WORLDWIDE MKT TRST /TX 195 - 919010. 983000.00000 0.00 REF.WORLDWIDE MKT NOV /01 TRST /TX 301406 REF.WORLDWIDE MKT TRST /TX 194 - 919010 - 983000 -00000 0.00 REF.WORLDWIDE MKT NOV /01 TOURISTTAX CHECK NO 571269 VENDOR 19970 - XEROX CORPORATION 20015432 86355309 DEC /01 111 - 138313 - 651210.00000 0.00 201604 BASE CH.DEC /01 CHECK NO 571482 VENDOR 223690 - XEROX CORPORATION 20015435 86803785 01102 518. 121630- 644600.00000 0.00 201592 RENTAL PLAN 01/02 20015436 086803750 109 - 182601. 644600 -00000 0.00 109 - 182900. 644600 -00000 0.00 778 - 182700 - 644600 -00000 0.00 200112 1102 COPIES & RENTAL CHECK NO 571515 VENDOR 249650 - XEROX CORPORATION 20015433 591463972 113. 138900. 634999 -00000 0.00 200133 PERIOD PMT 20015434 86803697 JAN /02 113. 138900 - 644620 -00000 0.00 200131 LEASE JAN /02 CHECK NO 571520 VENDOR 250810 - YALE INDUSTRIAL TRUCKS 20015431 0156270140 408 - 253211 - 646970 -00000 0.00 151210 REP.& MAINT. 75.98 75.98 75.98 0.00 227.94 CHECK TOTAL 0.00 483.94 232.48 0.00 232.48 392.31 0.00 392.31 CHECK TOTAL 0.00 624.79 528.83 0.00 528.83 16J1 PAGE 177 AMT NET VCHR DISC VCHR NET 443.45 0.00 443.45 CHECK TOTAL 0.00 443.45 288.36 0.00 288.36 1,231.71 0.00 1,231.71 332.13 0.00 332.13 CHECK TOTAL 0.00 1,852.20 117.00 0.00 117.00 CHECK TOTAL 0.00 117.00 256.00 0.00 256.00 75.98 75.98 75.98 0.00 227.94 CHECK TOTAL 0.00 483.94 232.48 0.00 232.48 392.31 0.00 392.31 CHECK TOTAL 0.00 624.79 528.83 0.00 528.83 FEBRUARY 27, 2002 COLLIER COUNTY, FLORIDA PAGE 178 REPORT 100 -601 BOARD OF COMMISSIONERS SPECIAL DETAILED CHECK REGISTER FOR CHECKS DATED FEBRUARY 26, 2002 VOUCHER DESCRIPTION ACCOUNT NO AMT DISC AMT NET VCHR JS6 J JHR NET CHECK TOTAL 0.00 528.83 CHECK NO 571525 VENDOR 253430 - ZANNOS G. GREKOS, M.D. 20015430 W.FORD 1/29/02 001 - 155930 - 631210 -00000 0.00 195.00 0.00 195.00 154102 W.FORD 1/29/02 PHYS.FEE 20015430 M.GONZALES 1/18/02 001- 155930 - 631210 -00000 0.00 68.25 0.00 68.25 154102 M.GONZALES 1/18/02 PHYS.FEE CHECK TOTAL 0.00 263.25 CHECK NO 571270 VENDOR 20050 - ZEE MEDICAL SERVICE 20015001 89162728 001 - 122240. 652990 -00000 0.00 287.70 0.00 287.70 152729 KIT,STD TRK,METAL,FULL 20015429 89163107 001 - 121710. 652990 -00000 0.00 21.65 0.00 21.65 200529 FIRST AID SUPP. CHECK TOTAL 0.00 309.35 649 CHECKS WRITTEN GRAND TOTAL 0.00 4,537.644.11 V Fiala Carter Henning Coyle ISLES OF CAPRI FIRE / RESCUVO'efta ADVISORY BOARD SUMMARY OF MEETING OF NOVEMBER 8, 2001 JERRI NUEHAUS: LET'S CALL THE ISLES OF CAPRI FIRE & RESCUE ADVISORY BOARD MEETING, NOVEMBER 8 2001, TO ORDER. PRESENT: CHIEF EMILIO RODRIGUEZ JERRI NUEHAUS JIM LEWIS GARY GRIFFES TARA LeGRAND ABSENT: DAVID EILER JERRI NUEHAUS: ROD, I KNOW THE FOCUS OF TONIGHT'S MEETING IS THE TAX ISSUE, DO WE NEED TO GO OVER THE OPERATIONS REPORT? CHIEF RODRIGUEZ: I RECOMMEND THAT WE DO NOT SO THAT WE CAN SPEED UP THE PROCESS AND GET TO THE OTHER INFORMATION. I HAVE PREPARED THE CHIEF'S REPORT FOR YOUR INFORMATION. JERRI NUEHAUS: DO WE HAVE A MOTION TO FORGO THE FORMAL READING OF THE CHIEF'S REPORT? JIM LEWIS: SO MOVED MALE VOICE (GARY GRIFFES?) (Gary Griffes ?): SECONDED CHIEF'S REPORT A. OPERATIONS REPORT B. VOLUNTEER REPORT C. TRAINING REPORT 1,1ise. Corres: D. BUDGET REPORT i1 `-'CJ Ceples To: 16J1 CHIEF RODRIGUEZ: BEFORE WE GO INTO THE MILLAGE DISCUSSION, I WOULD LIKE TO DISCUSS ANOTHER ITEM THAT I NEED A RECOMMENDATION AND A VOTE ON. WE HAVE TWO ADVISORY BOARD VACANCIES - TARA LEGRAND AND JAMES LEWIS. I JUST RECEIVED A LETTER FROM SUE FILSON. THE POSITIONS HAVE BEEN ADVERTISED AND TWO INTERESTED PERSONS. MR. LEWIS AND TARA LEGRAND. THIS WILL REQUIRE A VOTE FROM THE BOARD AND A MEMO TO SUE FILSON WITH THE BOARD'S RECOMMENDATION TO RE- APPOINT THE MEMBERS. JIM LEWIS: DID THEY GET MY LETTER? CHIEF RODRIGUEZ: YES JERRI NUEHAUS: SO WE HAVE A MOTION TO APPROVE THE RE- APPOINTMENT OF TARA LEGRAND AND JIM LEWIS ? UNINTELLIGIBLE DISCUSSION JERRI NUEHAUS: UNANIMOUS. THEN I WILL SEND THESE. YOU CAN TELL WE'RE NOT REAL BIG ON ROBERT'S RULES. I WILL, AFTER THE MEETING, DO THE MEMO AND GET IT SIGNED. CHIEF RODRIGUEZ: ANOTHER QUICK THING TO ADD TO THE AGENDA, WE DO THIS EVERY FEW YEARS. IT IS A REPORT OF MINORITIES AND PHYSICAL DISABILITY APPOINTMENTS THAT THE BOARD IS REQUIRED TO FILL OUT. IT IS JUST A QUICK FORM THAT I NEED TO RETURN TO THE COUNTY BOARD OF COMMISSIONERS AND THEY SEND IT IN TO THE STATE. THERE IS AN EXAMPLE SHOWING HOW IT IS TO BE FILLED OUT. I BELIEVE YOU FILLED OUT THE LAST ONE. JERRI NUEHAUS: THAT'S CORRECT CHIEF RODRIGUEZ: IF WE CAN FILL THIS OUT TONIGHT, I WILL PASS IT ON TO THE PROPER PERSON. JERRI NUEHAUS: IT DOESN'T REQUIRE A VOTE, SO I'LL JUST DO WHEN THE MEETING IS OVER. CHIEF RODRIGUEZ: THAT IS EVERYTHING I HAD TO ADD TO THE AGENDA. WE CAN MOVE ON TO OUR MAIN DISCUSSION OF THE MILLAGE RATE. TODAY I RECEIVED IN WRITING THE INTERPRETATION FROM THE COUNTY ATTORNEY'S OFFICE ON WHAT WE NEED TO DO TO PROCEED TO RAISE THE MILLAGE. DO WE NEED TO PROCEED WITH A REFERENDUM VOTE OR DOES THE BOARD OF COUNTY COMMISSIONERS HAVE THE AUTHORITY TO THAT THEMSELVES. FROM WHAT I HAVE READ AND AFTER SPEAKING 16J1 WITH THE COUNTY ATTORNEYS, THEY REVIEWED ALL THE COUNTY ORDINANCES AND PREPARED A THREE PAGE FORMAL REPLY. IT STATES THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS HAS THE AUTHORITY TO RAISE THE TAXES AND THEREFORE, IT DOES NOT NEED TO GO TO REFERENDUM. JERRI NUEHAUS: WE HAVE BEEN TALKING IN THE PAST FEW MEETINGS ABOUT THE NEED FOR INCREASING THE MILLAGE RATE SO THAT WE CAN DO THREE THINGS: MEET THE NEW FEDERAL MANDATE REQUIRING 2 MEN IN 2 MEN OUT ON ALL CALLS, SO WE CAN STOP OPERATING ON A SHOE STRING LIKE WE HAVE BEEN AND MAKE SURE WE HAVE THE UNIFORMS, RADIOS AND THINGS LIKE THAT AND HIRE A PART TIME SECRETARY, AND, IF POSSIBLE, WORK OUT SOME VEHICLE ARRANGEMENTS. OUR BIGGEST CONCERN WAS WHETHER THIS HAD TO BE VOTED ON OR IF THE COUNTY COULD DO IT. AND WE HAVE ALL PRETTY MUCH AGREED THAT WE NEED TO DO THIS INCREASE AND IT'S A MATTER OF EXACTLY HOW MUCH. WE NEED TO GO AHEAD AND DO IT BUT WE DECIDED WE WERE GOING TO, EVEN IF WE FOUND OUT THAT THE BOARD COULD ASSESS IT ON ITS OWN WITHOUT A VOTE, WE FELT THAT IT WAS NECESSARY TO INFORM OUR COMMUNITY OF WHAT WAS GOING TO HAPPEN AND WHY, AND WHY WE WERE RECOMMENDING THAT THE BOARD GO AHEAD AND DO IT. WE REALLY HAVE NO CHOICE BECAUSE OF THE FEDERAL MANDATE. WE WERE ALL GOING TO DRAFT SOMETHING ALONG THE LINES OF A FLYER, SOMETHING WE COULD DISTRIBUTE TO THE COMMUNITY. WHAT OUR FINAL NUMBER WAS WE WERE GOING TO INCREASE THE MILLAGE FROM ITS CURRENT WHICH IS CHIEF RODRIGUEZ: RIGHT NOW WERE ARE OPERATING AT OUR CAP WHICH IS 1 MILL. JERRI NUEHAUS: OK, WE ARE OPERATING AT THE CAP OF I MILL. CHIEF RODRIGUEZ: I BELIEVE THAT THE RECOMMENDATION WAS TO THE BOARD OF COLLIER COUNTY COMMISSIONERS IS TO RAISE THE CAP TO 2 BUT OPERATE AT 1.5 MILLS. JERRI NUEHAUS: BUT OPERATE FOR THE NEXT FISCAL YEAR, JUST FOR THE NEXT FISCAL YEAR OR FOR AS LONG AS WE CAN. CHIEF RODRIGUEZ: FOR AS LONG AS WE CAN. JERRI NUEHAUS: OPERATE FOR AS LONG AS WE CAN AT 1.5. SO THAT IS $1.00 PER $1,000 ASSESSED VALUE. RIGHT NOW WE ARE PAYING $1.00 PER ASSESSED VALUE. JIM LEWIS: IMMEDIATELY, WE START COLLECTING 50% MORE THAN THAT BUT SHOULD THE NEED ARISE, BE CAN COLLECT MORE? 16J1 JERRI NUEHAUS: WE HAVE THAT ABILITY SHOULD BUDGETARY REQUIREMENTS, RIGHT I THING THAT'S REASONABLE. CHIEF RODRIGUEZ: I HAVE SEVERAL E -MAILS GOING BACK AND FORTH WITH TOM STORRAR, LEO OCHS AND THE BUDGET OFFICE. I THINK OUR NEXT STEP IS, THE COUNTY, I SHOULD SAY LEO OCHS, TOM STORRAR AND TOM OLLIFF, WOULD LIKE A FORMAL MEMO OR LETTER FROM OUR BOARD RECOMMENDING RAISING THE MILLAGE TO A CAP OF 2 BUT OPERATE WITH 1.5. THEY WOULD LIKE US TO HAVE SOMETHING IN WRITING TO THEM SO THEY KNOW THAT THE ADVISORY BOARD IS IN AGREEMENT. JERRI NUEHAUS: ONCE THEY RECEIVE THAT, WHAT HAPPENS ? WHEN DO THEY LEVY THE TAX? HOW ARE THE PEOPLE NOTIFIED ABOVE AND BEYOND THE WAY WE'RE GOING TO NOTIFY THEM? WHAT IS THEIR TIME FRAME? CHIEF RODRIGUEZ: IT IS ALL IN HERE. ALL OF THE INFORMATION IS IN HERE. MOST LIKELY IT WILL NOT GO INTO AFFECT UNTIL NEXT BUDGET YEAR WHICH IS 03. IN OCTOBER OF NEXT YEAR. JIM LEWIS: WHEN THE TAX BILLS ARE RECEIVED. CHIEF RODRIGUEZ: RIGHT JERRI NUEHAUS: WHEN YOU SAY IT WON'T GO INTO AFFECT, WHEN WE ARE GIVEN OUR BUDGET IN MARCH THAT WE HAVE TO PREPARE FOR 2003, WILL WE BE ABLE TO COUNT ON THE INCREASED MILLAGE FOR THAT? CHIEF RODRIGUEZ: WE WOULD HAVE TO PREPARE OUR BUDGET WITH THE ASSUMPTION THAT WE ARE AT 1.5 BECAUSE IT STATES IN HERE THAT WE ARE GOING TO HAVE TO PREPARE A BUDGET WITH EXACTLY WE ARE LOOKING FOR AND WHAT WE WANT. IT'S ALL SPELLED OUT HERE ON HOW THE PROCESS GOES AND THEN IT'S GOING TO GO FOR HEARINGS WHERE THE PUBLIC - IT WILL GO, I THINK IF YOU TURN TO THE LAST PAGE THE PUBLIC HEARING TO FINALIZE THE BUDGET AND MILLAGE RATE SHALL BE HELD NOT LESS THAN 2 DAYS OR MORE THAN 5 DAYS AFTER THE DATE THE AD IS FIRST PUBLISHED. SO THE COUNTY WILL START PUBLISHING THE INFORMATION AND THE ADS. IF ANYONE IS AGAINST IT THEY CAN GO BEFORE THE COUNTY COMMISSIONERS AND EXPLAIN TO THEM WHY THEY THINK WE SHOULD NOT HAVE A BUDGET INCREASE, A MILLAGE INCREASE. 16J1 JERRI NUEHAUS: I AM NOT SURE I UNDERSTAND THIS ON PAGE 2, NUMBER 2. IT SAYS IN COMPUTING THE MILLAGE RATE, THAT THE DISTRICT MUST UTILIZE NOT LESS THAN 95% OF THE CERTIFIED TAXABLE VALUE CERTIFIED BY THE PROPERTY APPRAISER. I JUST A LITTLE UNCLEAR. IF WE ARE GOING FOR A 2 MILL CAP BUT ONLY GOING TO USE 1.5, WHAT DOES THIS SENTENCE MEAN? JIM LEWIS: THE DISTRICT NOW, THIS IS NOT US. JERRI NUEHAUS: THIS IS US, THE ISLES OF CAPRI FIRE DISTRICT. CHIEF RODRIGUEZ: YES, THIS IS US. JERRI NUEHAUS: WHEN EVER THEY REFER TO "THE DISTRICT" THEY ARE TALKING ABOUT THE ISLES OF CAPRI FIRE & RESCUE DISTRICT. NUMBER ONE, TENTATIVE BUDGET WE CAN DO. WE HAVE IT IN EXCEL. WE CAN HAVE A SPECIAL MEETING WHERE WE PREPARE THAT. NUMBER TWO: CAN YOU GET CLARIFICATION FROM LEO OR SOMEONE BEFORE WE MEET TO DO ANYTHING. CAN YOU GET CLARIFICATION FROM THEM ON WHAT THIS SENTENCE MEANS. CHIEF RODRIGUEZ: YES, I COULD GET THAT FROM THE BUDGET OFFICE. JERRI NUEHAUS: WHAT I'M CONCERNED ABOUT, DOES THAT MEAN THAT WE HAVE TO USE 95% OF OUR CAP OR WHAT CHIEF RODRIGUEZ: THAT'S WHERE YOUR 5 %, YOUR NEGATIVE 5% GOES INTO AFFECT. WHEN WE RECEIVE OUR BUDGET WE DON'T ACTUALLY USE 100 %. WE USE 95% OF THE BUDGET. WE HAVE TO PUT 5% INTO RESERVES. JERRI NUEHAUS: I JUST WANT SOME CLARIFICATION. I WANT TO MAKE SURE THAT I UNDERSTAND IT. IT LOOKS LIKE WE HAVE GOT SOME TIME. CHIEF RODRIGUEZ: YES. I THINK THE BIGGEST THINK THAT WE. AS A BOARD AND AS A FIRE CHIEF, NEED TO WORK ON NOW IS THE INFORMATION THAT WE NEED TO GET OUT TO THE PUBLIC. THE FLYER I THINK MALE VOICE (GARY GRIFFES ?): I HAVE A QUESTION. WE SUBMIT IT BUT IT DOESN'T MEAN THAT IT AUTOMATICALLY GETS APPROVED, RIGHT? CHIEF RODRIGUEZ: THE BOARD OF COLLIER COUNTY COMMISSIONERS HAVE THE FINAL SAY. WE CAN ONLY RECOMMEND. 16J1 MALE VOICE (GARY GRIFFES ?): DON'T WE WANT TO BRING THE FLYER OUT UNTIL THEY ACTUALLY SAY WE CAN JIM LEWIS: THAT'S WHAT WE WERE GOING TO DO AS OF THE LAST MEETING. WE WERE GOING TO WAIT FOR APPROVAL AND THEN SEND OUT. JERRI NUEHAUS: THE BOARD OF COMMISSIONERS WON'T ACTUALLY APPROVE IT UNTIL NEXT YEAR, OCTOBER OF NEXT YEAR. IT WILL BE A PROPOSED MILLAGE INCREASE. IF WE WRITE THIS LETTER TO THE BOARD OF COUNTY COMMISSIONERS, CAN WE GET SOMETHING BACK IN WRITING THAT SAYS "WE AGREE, WE ARE GOING TO DO THIS" SO THAT WE CAN TELL PEOPLE THAT WE ARE WORKING WITH THE BOARD OF COUNTY COMMISSIONERS AND THIS IS WHAT'S GOING TO HAPPEN. CHIEF RODRIGUEZ: WE ARE WORKING RIGHT NOW WITH THE COUNTY STAFF. THE COUNTY MANAGER IS AWARE OF THIS. HE IS ON OUR SIDE WITH THIS. HE UNDERSTANDS IT. TOM STORRAR AND LEO OCHS, THE BUDGET OFFICE, WHICH HAS A LOT TO SAY ABOUT THIS. MIKE SMYKOSKI, THE BUDGET DIRECTOR, EVERYBODY IS AWARE THAT WE ARE GOING FOR A MILLAGE INCREASE. MALE VOICE (GARY GRIFFES ?): DO YOU WANT TO SEND OUT A FLYER SAYING THIS IS WHAT WE WANT TO DO CHIEF RODRIGUEZ: I THINK IT IS UP TO US NOW TO START GETTING THIS INFORMATION OUT BECAUSE WHEN THE BUDGET HEARING IS HELD, THE PEOPLE CAN GO IN FRONT OF THE BOARD OF COUNTY COMMISSIONERS AND SAY "WE DON'T WANT THIS ". AND THEN THE COUNTY COMMISSIONERS CAN SAY NO. THE COUNTY COMMISSIONERS ARE NOT GOING TO TELL US NOW THAT "YES, WE ARE GOING TO PASS THIS ". BUT WE HAVE THE BACKING OF THE COUNTY STAFF FROM THE COUNTY MANAGER. ON DOWN. THEN IT IS UP TO US TO GET THIS INFORMATION OUT TO THE PEOPLE. JERRI NUEHAUS: SO THAT IT CAN BE APPROVED. AND THE BETTER INFORMED THEY ARE THE MORE LIKELY THEY ARE TO SUPPORT IT. JIM LEWIS: RATHER THAN OUR NEIGHBORS A REASON L DONE, WE WANT T GIVE HEM THE REASONS WHY IT SHOULD BE DONE. CHIEF RODRIGUEZ: THE BOARD OF COUNTY COMMISSIONERS ARE GOING TO DO THE ADVERTISING, SET UP THESE THINGS AND WE COULD JUST SIT BACK AND NOT DO ANYTHING. THEN AT THE LAST MINUTE THE TAXES ARE RAISED AND PEOPLE ARE GOING TO COME TO US AND SAY "I DIDN'T KNOW ABOUT THIS ?' 16J1 JERRI NUEHAUS: I WOULD BE MAD IF THAT HAPPENED. CHIEF RODRIGUEZ: SO WOULD I. THAT IS WHY I THING BETWEEN NOW AND THE TIME OF THE PUBLIC HEARING WE SHOULD HAVE ATTENDED ENOUGH CIVIC MEETINGS, AND HAVE ENOUGH FLYERS TO EDUCATE THE PEOPLE AND SAY THIS IS WHY WE DOING THIS, THIS IS WHY WE NEED THIS. JIM LEWIS: THAT TEXT THAT I GAVE YOU COULD BE EASILY AMENDED TO GO AS A FLYER. CHIEF RODRIGUEZ: NOW IT FALLS IN OUR HANDS TO EDUCATE THE PUBLIC. I HAD A MEETING WITH TOM STORRAR THIS MORNING. I ADVISED HIM OF WHAT WE WERE DOING. BEFORE WE ACTUALLY PUT OUT THE FLYERS, HE WOULD LIKE TO TAKE A LOOK AT IT. I WOULD LIKE TO RUN IT BY THE COUNTY ATTORNEY JUST FOR LEGALITIES AND TO MAKE SURE THAT WE ARE ON THE RIGHT SHEET OF MUSIC AND THAT THE COUNTY IS AWARE OF WHAT WE ARE DOING. IF THEY HAVE ANY SUGGESTIONS, UTILIZE THEM. WE HAVE A LOT OF SUPPORT FROM THE HIGHER UPS. JIM LEWIS: NOW WE NEED TO WIN THE SUPPORT OF OUR CONSTITUENTS. CHIEF RODRIGUEZ: YES, NOW WE NEED TO WIN THE SUPPORT OF THE RESIDENTS. JERRI NUEHAUS: IN MUCH THE SAME WAY THAT THE EAST NAPLES FIRE DEPARTMENT ISSUE HAPPENED. IT WASN'T GOING FOR A VOTE. WHAT WAS HAPPENING IS THE BOARD WAS ON BOARD WITH GIVING THE FIRE DEPARTMENT OVER TO EAST NAPLES. AND YOU KNOW WHAT HAPPENED. A LOT OF US GOT TOGETHER AND SAID "NO" AND, AS A RESULT, IT DIDN'T HAPPEN. THE SAME THING COULD HAPPEN HERE. IF WE DON'T HAVE THE BUY IN HERE, EVEN THOUGH IT IS NOT GOING FOR A VOTE, THE RESIDENTS CAN CONVINCE THE COMMISSIONERS NOT TO DO THIS. IT WOULD BE TO THEIR DETERMENT. WE HAVE TO BE ABLE TO SHOW THEM WHY. JIM LEWIS: AT THE LAST MEETING, WE AGREED THAT WE WOULD ALL PREPARE A TEXT FOR PROPOSED FLYER. DID ANYBODY DO IT? JERRI NUEHAUS: I DID. CHIEF RODRIGUEZ: I DID THE CHARTS. I WENT BACK AS FAR AS 1996 BECAUSE I FELT THAT WE WON'T NEED TO GO TOO FAR BACK. THE LAST 5 16J1 YEARS SHOWS SOME UP AND DOWNS AND THEN IT SHOT STRAIGHT UP ON CALL VOLUME. JERRI NUEHAUS: LET'S DO ONE THING FIRST BEFORE WE DO THE FLYER. WE'VE GO A LETTER TO DO FOR THE BOARD OF COUNTY COMMISSIONERS. LET'S AT LEAST DRAFT THAT SO THAT WE CAN TYPE IT UP BEFORE WE'RE DONE. BRING YOUR NOTEBOOK OUT AND WE CAN TYPE IT UP RIGHT NOW. CHIEF RODRIGUEZ: I'LL BE RIGHT BACK. JERRI NUEHAUS: THEN WE CAN COMBINE OUT NOTES ON THE FLYER AND COME UP WITH WHAT WE NEED. JIM LEWIS: THE BASIC STAND POINT IS THE INFORMATION IN THE FLYER AND THE INFORMATION GOING TO THE BOARD IS THE SAME. WHAT WE'VE DONE AND WHY WE NEED IT. JERRI NUEHAUS: THAT'S TRUE. JIM LEWIS: WE COULD WORK IT DIFFERENTLY GOING TO THE BOARD. IT IS NOT AN ADVERTISING PIECE. THE FACTUAL INFORMATION SHOULD BE ESSENTIALLY THE SAME. JERRI NUEHAUS: ROD, BRING A COPY OF THE BUDGET ALSO. ONE OF THE BIG POINTS I WANT TO MAKE IS WHAT THE ITEMS ARE THAT THE NEW TAXES WILL PROVIDE. 3 EMPLOYEES, SECRETARY, THE OPERATING CAPITAL WE NEED. THE ONLY COMMENT I WOULD MAKE ON THE CHARTS IS THAT WE NEED THE ACTUAL NUMBERS. PEOPLE LIKE TO SEE ACTUAL NUMBERS. IF YOU GIVE ME THE FIGURES, I CAN DO THE GRAFT SMALLER SO THAT IT FITS ON A FLYER. ALSO, YOU KNOW HOW OUR CALLS ARE RECORDED - FIRE CALLS, MEDICAL CALLS, ETC. SOME CALLS LOOK LIKE THEY ARE DOUBLE REPORT BUT I KNOW THEY ARE NOT. IT LOOKS HOW THEY ARE DONE AS CALLS. JUST FOR WHEN PEOPLE ASK, AND THEY WILL, THEY WILL WANT TO KNOW, TO SEE CALL BREAKDOWNS. SO YOU'VE HAVE THE CALL BREAKDOWN BY TYPE? CHIEF RODRIGUEZ: YES. JERRI NUEHAUS: IS THIS GOING TO BE A MEMO OR A LETTER? CHIEF RODRIGUEZ: I BELIEVE WE SHOULD DO A LETTER. JERRI NUEHAUS: TO THE BOARD OF COLLIER COUNTY COMMISSIONERS 3301 E TAMIAMI TRAIL NAPLES, FL 34112 16J1 SUBJECT: PROPOSED MILLAGE INCREASE FOR THE ISLES OF CAPRI MUNICIPAL RESCUE AND FIRE SERVICES DISTRICT. WHAT FOLLOWS IS A DISCUSSION, AND INPUT FROM BOARD MEMBERS AS TO THE WORDING AND INFORMATION INCLUDED IN THE LETTER TO THE COUNTY COMMISSIONERS. BOARD AGREED AS TO THE TEXT OF THE LETTER AND A COPY OF THE LETTER IS ATTACHED TO THIS SUMMARY JERRI NUEHAUS: I WOULD SAY THAT WE HAVE SOME LEEWAY ON THE FLYER. THAT WE CAN ADDRESS THE FLYER AT THE NEXT MEETING. I THINK WE ARE GOING TO HAVE QUESTIONS AND COMMENTS BEFORE THEN AND WE WILL KNOW EXACTLY WHAT PEOPLE ARE ASKING AND WE WILL KNOW WHAT TO PUT INTO THE FLYER. WE COULD EVEN HAND OUT THE FLYER AT THE CIVIC ASSOCIATION MEETING NEXT MONTH. IS IT SAFE TO ASSUME THAT WE CAN ADJOURN TO THE NEXT MEETING AND I WILL TAKE CARE OF THIS PAPERWORK WITH ROD — THE MINORITY, DISABILITY, HANDICAP FORM AND THE LETTER RECOMMENDING THAT TARA BE REAPPOINTED. ANY OBJECTIONS: NO OBJECTIONS JERRI NUEHAUS: I MOVE TO ADJOURN THE MEETING. TARA LeGRAND: I SECOND JIM LEWIS: CONCUR GARY GRIFFES: AGREE JERRI NUEHAUS: MEETING ADJOURNED ISLES OF CAPRI FIRE & RESCUE DISTRICT November 8, 2001 Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Subject: Proposed Millage Increase for Isles of Capri Municipal Rescue and Fire Services District Honorable Commissioners Please let this letter setve as formal rec District Advisory Board to increase the of providing rescue and fire control ser recommending increasing our current n 16J1 nmendation from the Isles of Capri Fire Control ►istrict's millage rate to meet the increased costs � t,6,thexesidents of the District. We are in 1 mil to 2 mil. It is our intention to budget and use only 1.5 mil for as long as we are able to continue providing our current level of service. We are requesting a 2 mil cap at this time in order to allow us to operate for a protracted period without the need to approach the Board of Commissioners for further millage increases: There are a number of reasons why thi -sincteae i outlay is necessary: 1. The National Fire Pry departments operate,; 4.2.2.1 thru 4.2.2.2.2 (the "2 in/2 out" rule; number of paid firefil Association ( "N.F.P.A. idated through N.F.P.A under which all fire 710 & 1720 (Chapters i on all fire- related calls Lively requires that we double our y, our payroll. 2. Our Fire Department has experienced a greater than 40% increase in call volumes over the last four years, with every expectation of continued increase. At the present rate it is anticipated that the increase of calls for 2001 as compared to 2000 will be in the 20% range. 3. Our Fire Department has been operating under a 1 mil cap since 1978. 4. At present all clerical work is performed by firefighters, including the Chief. Every other fire department has paid clerical support. It is important that we relieve the firefighters from these clerical duties and we can accomplish this with a part-time secretary for which payroll must be funded. 17-5 CAPRI BOULEVARD * ISLES OF CAPRI * NAPLES. FLORIDA 34113, * (941)'194-8770 Board of Collier County Commissioners November 8, 2001 Page 2 of 2 16J1 5. It is anticipated that over the next several years the population of our District is going to increase dramatically. Therefore the number of dwellings and other buildings that come under our care will increase proportionately. 6. We believe that the events of September 11 will have a profound impact on expanding the duties and calls for services of our firefighters and we must be prepared to meet those calls. Respectfully submitted, Isles of Capri Fire Control District Advisory Board Jerilyn Neuhaus, Chairperson Jim Louis Tara LaGrand Gary Griffes David Iler cc: Thomas Storrar, Emergency Services Administrator Hale .') v Carter J 1 Henning Coyle Coletta FOREST izo,m)NN AY AND DRAINAGE- NI.S -TA LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 AGENDA FEBRUARY 22, 2002 I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: February 1, 2002 IV. TRANSPORTATION SERVICES REPORT: A. BUDGET B. COST ESTIMATE OF PREPARING ROADS FOR TAKEOVER C. INFORMATION ON SPRINT PLANS AT ENTRANCE V. OLD BUSINESS: A. TRAFFIC CALMING B. REPLACEMENT OF PIPES (PHASE 2) C. INCREASE OF MILLAGE RATE D. QUAIL RUN GOLF COURSE ENTRANCE VI. NEW BUSINESS: VII. PUBLIC COMMENTS: VIII. ADJOURNMENT THIS MEETING IS SCHEDULED FOR 10.00 AM, FRIDAY, FEBRUARY 22, 2002 AT THE FOREST LAKES CLUBHOUSE Misc. Correa Date: v3- Item# l 1 Copies To: 16J1 FOREST RO,al)WAN' AND DRAIN.1CIE, NI LS. J . LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY MINUTES OF FEBRUARY 1, 2002 III. APPROVAL OF MINUTES: Moved by Roger Somerville, seconded by Bill Seabury that the minutes of January 11, 2002 be approved as presented. Motion carried unanimously. IV. TRANSPORTATION SERVICES REPORT: B. COST ESTIMATE OF PREPARING ROADS FOR TAKEOVER: Committee felt the number #1 priority should be an answer on what it takes to get the paving approved for the Forest Lakes Entrance Circle to Woodshire Lane. They felt if it is the Commissioners they need to go through for approval, then they need the opportunity to do so. V. OLD BUSINESS: B. REPLACEMENT OF PIPES (PHASE 2): A Preliminary Cost Estimate Budget (attached) for replacing existing storm sewer systems was handed out. $81,000 was budgeted, & a reserve for contingencies of $18,000 would have to be moved up to the "Improvements General Fund" which requires a Board approval. It was moved & approved to pursue doing the 4 different projects in a simultaneous fashion according to the Preliminary Cost Estimate. It was moved& approved to transfer sufficient funds to cover the shortfall from the Reserves for contingencies into Improvements General. C. INCREASE OF MILLAGE RATE: A Transmittal Slip & Executive Summary was handed out requesting the Boards direction for staff to revise current mill rate for the Forest Lakes Roadway & Drainage MSTU. When the final Executive Summary is presented from Committee it becomes a Public Hearing in front of Board of Commissioners at which time the Committee and public can speak for or against it. 16J1 FOREST ROADWAY ::AND DRAINAGE, N' LS. JI. LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 February 1, 2001 I. Bob Jones called the meeting to order at 10:04 AM. Bob addressed the audience and asked that they hold any of their questions or comments until the portion of the meeting call "Public Comments" — when they can approach the podium and be recognized to speak 3 to 5 minutes. Bob introduced person taking minutes, Sue Chapin, from Manpower & asked that everyone speak clearly & give their name if & when they speak. II. ATTENDANCE: A. Members: Tom P. Watts, Roger Somerville, Bill Seabury, Bob Jones. Robert Cunningham, Absent. B. Collier County: Pam Lulich and Bob Petersen, DOT Landscape Services C. Others: Several residents and Sue Chapin, Manpower Services. III. APPROVAL OF MINUTES: Moved by Roger Somerville, seconded by Bill Seabury that the minutes of January 11, 2002 be approved as presented. Motion carried unanimously. IV. TRANSPORTATION SERVICES REPORT: A. BUDGET: Bob Petersen handed out the Budget (attached) and hoped it was a little more self - explanatory, and that the Committee can ask for any detailed item or spreadsheet, invoice etc. if they had any questions on any particular item. A question was asked by Roger Somerville, of how much it cost for paving of the road, from entry circle to Woodshire Lane of which Bob quoted $62,000. Bob explained the Departments duties and some of the tasks they do. He stated the Department is quite large, but they all work together as a team. When they get into the MSTU funds they have to work on things that affect the entire community as a whole but also help work on several of the tasks within this Committee of which will be addressed under "Old Business ". B. COST ESTIMATE OF PREPARING ROADS FOR TAKEOVER: Bob mentioned he did not have time to get together with Mr. Kant on the cost estimate or when it would be available, but hope to have the information in 3 weeks or ask Mr.Kant to explain why it may take a bit longer. Bob mentioned more studies have to be done for Roads. Roger brought up the subject about getting the road from the Entrance Circle to Woodshire Lane approved. Stated the Committee needs a statement from the 16J1 County that they will approve it. Bob Jones felt that the road has been paved according to the Countys wishes and will be approved and accepted. Bob Petersen does not have the authority to state acceptance, but that the Board of Commissioners has to make that decision. Bob Jones also stated that a final check list has been submitted, sent in with proper names, & initials of the things that needed to be accomplished, and felt if a meeting with the Board if County Commissioners is needed — then the Committee needs to do that. Roger wants it clearly stated that 41 priority should be an answer on what it takes to get this paving approval for the Forest Lakes Entrance Circle to Woodshire Lane. He does not feel another study is necessary, just what needs to be done to get the approval. Bob Jones asked Bob Petersen to impress upon Mr. Kant to give the Committee a final approval or recommendation for this paving, and if it were the Commissioners they need to go through -that they have the opportunity to do so and defend their position. Bob Petersen agreed that he would take up the issue with Mr. Kant. Roger also wanted to clarify that he did not want to do any further studies on the portion of the road that they paved last year, but that the rest of Forest Lakes Blvd. would need a study. It was agreed that no one wants any more studies. Transportation Services Report was accepted. V. OLD BUSINESS: A. Traffic Calming: Bob Jones mentioned they contacted the Sheriffs Dept. and were offered a security patrol for the sub - division withl four -hour shift at different times. (Not all night or a set schedule) Need to stop the speeding & slowing the traffic down. The county has recommended not to put the speed bumps back in. Discussion followed by committee members & several residents on different ideas of calming the traffic, subject of signs, and surveillance cameras and will be brought up under Old Business again. Bob Petersen mentioned they could call specific companies, such as Fed EX, UPS, Room To Go etc., that are not abiding the speed laws & discuss these issues with their safety officers. B. Replacement of Pipes (Phase 2): Bob Petersen handed out a Preliminary Cost Estimate Budget" (attached) for replacing existing storm sewer systems. A total for all four Phase II Locations that were quoted is $92,435. $81,000 was budgeted, and a reserve for contingencies of $18,000 would have to be moved up to the "Improvements General Fund" which requires a Board approval. He mentioned it is usually estimated high & could come in lower than this. The total bidding process could take up to 2 months & Bob would proceed as soon as they can for whatever the Committee wants to do. It was noted that some of the wrong building numbers were on the Budget form & Bob said he would ask Julio to 2 16J1 make sure it encompasses the correct buildings. The project will be done before the rainy season. Bob Petersen stated they would need a motion from the committee for a Budget Amendment to move funds out of Reserves to cover the expenses of the Contract. Would need $12,000 out of the $18,000 reserves or the Committee could move $5,100 out of Surveying Fees if they wanted to save some out of the Reserves, but again the $5,100 may have to be used in the future. Bob Jones moved to pursue doing the 4 different projects in a simultaneous fashion that are Locations 1,2,3 & 4 according to the Preliminary Cost Estimate. Seconded Bill Seabury, Carried unanimously. Bob Jones moved to transfer sufficient funds to cover the shortfall from the Reserves for contingencies into Improvements General. Seconded Roger Somerville. Carried unanimously. Again it was stated that these things will be done before the rainy season and Bob Petersen mentioned the 3 locations that are close together will probably be done first as priorities and then the 4`h one. C. INCREASE OF MILLAGE RATE: Bob Petersen addressed another handout- "Transmittal Slip" and "Executive Summary" (attached), which was prepared requesting the Board's direction for the staff to revise the current mill rate for the Forest Lakes Roadway & Drainage MSTU. The purpose is to increase revenues to pay for proposed roadway, drainage improvements and maintenance within the district. Bob Petersen discussed the FISCAL IMPACT with increasing from I mill to 2 or 3 mills. Bob stated that when the final Executive Summary is presented with the final decision from the Committee it becomes a Public Hearing in front of the Board of County Commissioners when the Committee and public can speak in favor or against it. Bob Jones discussed the advantages of increasing the rate and how the community is "pulling together "and felt that Mr. Kant feels the same way about everyone going in one direction. C. MPO PATHWAY REPORT: Bob Jones reported that at a meeting this morning Ed Kant reported that this could be a bigger project than anyone can imagine as far as the sidewalk is concerned. There would have to be many studies and lots of correspondence done to establish the fact that there is no room and a lot of monies would be spent. Not that it isn't a good idea or the safety of the people aren't in mind, but it would have to be taken away from the Golf Course, and that may not be the best solution. It will have to be thought out, revisited and talked about in the future. 16J1 D. QUAIL RUN GOLF COURSE ENTRANCE: Bob Petersen has not been able get any information to date regarding Sprint final plans. VI. NEW BUSINESS: The next meeting is scheduled for Friday, February 22, 2002 at 10:00 AM. VII. PUBLIC COMMENTS: One of the residents (Ernie Carol) asked about the swale along Woodshire Lane being cleaned out. It seemed it has not been cleaned out properly. Bob Petersen will look at their Contract & make sure it states to clean out all the debris. Bob also mentioned there is enough monies in the Budget for some of these line items. Roger discussed the matter of water flowing & drainage into the canal. Being no further business, Roger Somerville moved for adjournment, seconded Bill Seabury. Meeting was adjourned at 11:25 AM. Next Meeting is scheduled for 10:00 AM, Friday, February 22nd, 2001 At the Forest Lakes Clubhouse 4 16J1 Fixed Term Professional Eniineerin2 Services $90,000 maximum per work order 1. Agnoli, Barber & Brundage 2. Camp Dresser & McKee 3. Hartman & Associates 4. Pittmanm, Hartenstein & Associates 5. Tampa Bay Engineering 6. The V Group (Wilkerson Joint Venture) 7. Wilson Miller Forest Lakes MSTU 2/1/2002 GJ bA Q N 0 N Q c� b d r4 .EeZ N IO CIO Q x U d x P, � G0 0 s w � U U CO m _ U � T ri N U r U cl, Q Q pp d ❑ o c � a i W w oo x ¢ as 00 00 d w r�= ¢ W zx o c � '> 2 Y 3 a Pro > cn 3U N � d w U Vl y N c�0 O to ¢ a¢ a U H a O d Ra U q W 00 00 00 00 ❑❑❑❑❑❑❑❑ 5 °o vQ 16J1 u U cl, Q Q pp d � � U U W d d w ¢ W zx � W °° Pro 3U N � d w U Vl y N c�0 O O c da ciw C w>.. W ' W 5 °o vQ 1 ° b .s W z caa �o Qo 0 $ H Z oO hh w U E a � Fz aX C/) P: G7 Fr 16J1 16J1 EXECUTIVE UTIVE SUMMARY REQUEST BOARD DIRECTION TO REVISE THE FOREST LAKES ROADWAY & DRAINAGE MUNICIPAL SERVICES TAXING UNIT (MSTU) BEAUTIFICATION ORDINANCE FOR THE PURPOSE OF INCREASING THE TAX CAP. OBJECTIVE: To request Board's direction for staff to revise the current millage rate of the Forest Lakes Roadway & Drainage Municipal Services Taxing Unit (MSTU) Beautification for an increase and prepare the necessary ordinance amendment and advertisement for a Public Hearing. CONSIDERATIONS: The Forest Lakes Roadway & Drainage MSTU Beautification Advisory Committee has requested County staff take the necessary steps for the Board of County Commissioners to adjust the current millage rate in order to increase revenue to pay for proposed roadway and drainage improvements and maintenance within the district. In accordance with the County Attorney's Policy, MSTU ordinance amendments require Board direction prior to revision. The proposed millage increase to the MSTU ordinance will require legal review. FISCAL IMPACT: The Beautification Advisory Committee's request is increase the millage cap from 1 mil to either 2 mills or 3 mills. At FY 02 assessed values, an increase to 2 mills would provide an additional $103,057 in Revenue generated. With the increase to 3 mils, there would be an additional $206,113 in Revenue generated. After further review and discussion with residents, the MSTU Advisory Committee will provide a final proposed millage increase for the Public Hearing. . GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to prepare a recommendation for a revised millage rate for the Forest Lakes Roadway & Drainage MSTU for future consideration by the Board, and authorize the C ty Attorney's review and ordinance advertisement. SUBMITTED BY: ��'�L'� DATE: �- Bob Beie.,r-,�en, Project Manager, Landscape Operations REVIEWED BY: Lulich, tions Manager REVIEWED BY: �'�a = , ,1'`/111f `1,,.. �// Edward J. Kant P sportation Operations Director �f APPROVED BY: Norman E. Feder, AICP, Transportation Administrator DATE/—.,7 DATE:,y DATE: fl ORDINANCE NO. 2000- 57 AN ORDINANCE AMENDING ORDINANCE NO. 91 -107, T �+ ORDINANCE THAT CREATED THE FOREST LAKES ROADWAY AND r DRAINAGE MUNICIPAL SERVICE TAXING UNIT, PROVIDING FOR 0169499rowti STREETLIGHTING IMPROVEMENTS WITHIN THE BOUNDARY OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 10, 1991, the Board of County Commissioners adopted Ordinance No. 91 -107, the ordinance that created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit; providing for its boundaries, purpose and taxing authority; providing for its governing board and defining its powers and duties; providing for an advisory committee and defining its duties and responsibilities; providing for an itemized budget; providing for collection of taxes; providing for construction and severability; providing an effective date; and WHEREAS, a need exists for providing adequate roadway lighting at the maio*ratkk into r- ? cn a the Forest Lakes Development where none currently exists and the Unit's advisory cb%nmi& hats.. �... N v. C� repeatedly requested such improvements be made; and WHEREAS, on May 23, 2000, the Board of County Commissioners approve0i:regt%st o a, prepare an amendment to Ordinance No. 91 -107, the ordinance that created the $'o rest Lakes Roadway and Drainage Municipal Service Taxing Unit, to include provisions for roadway lighting improvements within the boundary of the Forest Lakes Roadway and Drainage Municipal Services Taxing Unit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: AMENDMENT TO SECTION ONE: FINDINGS OF COLLIER COUNTY ORDINANCE NO. 99-22. Section One is hereby amended to read as follows: SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Created; Boundaries, Purpose, Taxing Authority. 1. There is hereby created the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit (hereinafter referred to as the "Unit ") with boundaries described as follows, to wit: A tract of land in Section 14, Township 49 South, Range 25 East, Collier County, Florida described as follows: Commencing at the Northwest corner of said Section 14, run S 00° 19'00" W along the West line of said Section 14 for 50.00 feet to the POINT OF BEGINNING, said 16J1 point being on the Southerly Right -of -way line of State Road 5 -896 (Pine Ridge Road) and being the Northwestern most corner of the Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence run East, along said Right -of -way line for 1275.27 feet to a point on the Western Right -of -way of Forest Lakes Boulevard; thence continuing along said Right -of -way of SR S -896, East for 1,372.88 feet to the North 1/4 corner of Section 14; thence continuing along said Right -of -way N 89° 59'40" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the Northeast 1/4 of said Section 14 and being the eastern Right -of -way of Woodshire Lane; thence leaving SR S -896 and run along the Eastern Right -of -way of Woodshire Lane and the East Line of the Northwest 1/4 of the Northeast 1/4 of said Section 14, S 00" 04' 18" E for 749.54 feet to a point of curvature of said road; thence leaving said road and continuing along said line, S 00° 04' 18" E for 512.50 feet to the Southeast corner of the Northwest 1/4 of the Northeast 1/4 of said Section 14; thence along the South line of the Northwest 1/4 of the Northeast 1/4 S 89° 48' 47" W for 512.50 feet to a point on the Southern Right -of -way of Woodshire Lane; thence continuing along said line S 890 48' 47" W for 811.38 feet to the North -South 1/2 line of said Section 14; thence along the Eastern Right -of -way of Woodshire Lane and the North -South 1/2 line S 00° 01' 23" E for 2,508.87 feet to a point; thence leaving said line S 89° 39' 24" W for 21.59 feet to a point, said point being the Southeasterly most corner of Forest Lakes Homes as recorded in Plat Book 12, Pages 41-46 in the public records of Collier County, Florida; thence S 89° 39'24" W for 476.79 feet to a point of curvature; thence 221.52 feet along the arc of a curve, concave to the Southeast, having a radius of 667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S 800 08'46.5" W to a point of tangency; thence S 70° 38' 09" W for 78.45 feet to a point of curvature; thence 990.66 feet along the arc of a curve, concave to the Northeast, having a radius of 1,250.00 feet and subtended by a chord having a length of 964.94 feet and bearing N 86° 39' 35.5" W to a point of reverse curvature; thence 829.00 feet along the are of a curve, concave to the South, having a radius of 900.00 feet and subtended by a chord having a length of 800.00 feet and bearing S 89" 39' 24" W; thence S 89° 38' 30" W for 64.95 feet to a point on the West line of Section 14, said point being the Southwestern most comer of Forest Lakes Homes subdivision; thence N 02° 15'35'.'W along said West line for 1,195.80 feet to the West 1/4 corner of Section 14; thence continuing along said West line N 00" 19' 00" E for 2,595.97 feet to the POINT OF BEGINNING. 2. The Unit hereby created and established is for the purpose of providing and maintaining improved roadway lighting, roadway- related drainage and roadway restoration within the area of that Unit and to that end shall possess all the powers to do all things reasonably necessary in connection therewith. The initial improvements hereunder shall be within that area depicted on Exhibit "A" attached hereto and shall include. A. Complete restoration of roadway including: 1. existing road bed mixed in place. 2. Prime and cover 3. 2" of asphalt pavement surface course. 4. Installation of necessary drainage pipe. B. Providing pump and force main for drawdown of lake surface and off -site discharge to enable improved roadway drainage. C. Maintenance of such improvements, as required. 16J1 Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed one (1) mill in any one fiscal year. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: 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 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 FOUR: 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 , 2000. ATTEST:: ;; BOARD OF COU - CeMMISSIONERS DWIGHT E. $ROCK, CLERK COL COUNTY, FLORIDA BY: �GL�s;%��r!�.w/f�Or BY: 9` Att�s i>l t0'Crhiir� tan' S T Y J. CO ANTI E, CHAIRMAN App o�u asgo i9N and legal sufficiency: This ordinance filed with the Secietary of State's Office the. of, Z-0� _ and acknowledgement of that David C. Weigel filin ceived thlsA02:& day County Attorney of8 -- Ng.tV Ork 16J1 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. 2000 -57 Which was adopted by the Board of County Commissiot�:_7 s ap (Z) the 12th day of September, 2000, during Regular Session . — M WITNESS my hand and the official seal of the Board .., County Commissioners of Collier County; - Florida, this 14;daf of September, 2000. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Ellie Hoffman, Deputy Clerk 16J1 ° O O O O o O O o 0 V O M o O 0 0 0 N O O O O O 0 0 p O 0 0 0 0 0 0 0 0 N O O O O O O O O O O 0o m O O r 0 O O O O O O O O N W ° 01 O O rn 0 0 N myo n cairn J 40 Z 0 O O O o 0 0 0 0 0 0 0 0 N O O O LL N O Z N a0 oc Q 16J1 ° O OOO o p O p O r c0 0 0 � 0o m N O 0 0 0 0 0 O O o O M O O O O 0 0 O O O O O O O O O O O O W 0 O O 0 0 0 0 0 0 0 0 N O O O M O O 0 0 p coo J 40 Z 0 O O O o 0 0 0 0 0 0 0 0 N O O O O Z N a0 oc m :) N r a i~1 U. Q m N 00000000 to O r Or 0 OOO O OO °. O O O O O O W 00000000(0 O 0) O<D � r O O O O O O 0 p 000 O NC ZO N O O O 00 00 O 00 O O� O N Go O O C7 O t0 Z (n 0 N N r r a O O w :` X LL _: L6 r N r r N W N 0 0 O O O O O tD O r 0 0 i7 O o 0 O 0 0 O O O O 0 0 0 O 0 0000000onornoo 00 0 0 0 O O O O O O .O 0 0 0 0 0 0 0 N O co O O r 0 0 0 O W N 0 (On 0 to O N O M r fD M O W) <o M to r N a mZN r(n r z VLL O N O Z W O O O O O O O O O O O O 0 O O 0 0 0 O O O O O 00 O O O O O O O 0 0 O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O p O m �'. 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N N N N N N N N N N N N 03 Q) Q1 p N ,{- UW r r r r rrrre -rrrr U rrre- N N O O' N 0 O N a w J a E Q N 0 0 0 0 0 0 0 ( 0 0 0 0 0 0 0 ( N m 0 0 0 0 0 0 co c W o N WO 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 N CD 0 0 0 0 0 0 0 ' Cl pp pp N (D (d T ai Ln W O N O M r W D Z W U) > W LU >- uj J W J O Q O W WUZQ� W W W W OJ(�r F-J Z o Q O ' w W w w > U 0 U- W > Q 4 0 W m U) �- Q Z I W O W F- a LIJ w W uj Z W W W I- W I- Q W I- U? 0 z U Z z F- 0 0 0 0 0 0 0 O I` O N O O O W O 0 r T N M N M O T T m of O M U M r O r O M O O O f— W M M M M 0 0 0 O O O O r T M �I- 0 OZ LoLoLo c>000 N N N" O O O W r T r T T r 00 T T T r O O O U A r- I N Z W W w 16J1 16J1 Forest fakes Boluevard Culvert Improvements Preliminary Cost Estimate LOCATION 1: Replace existing storm sewersystem located between 1044 and 1045 Forest Lakes Drive. Item 101 Description Mobilization Maintenance of Traffic Staked Silt Fence (type III) Clearing & Grubbing Asphalt Base Course Type 3 (10" thick) Asphaltic Concrete Type S -1 (1 1/4 thick) Ditch Bottom Inlet Type C ( <10') 18" Concrete Pipe Culvert 12"x18" Elliptical Concrete Pipe Mitered End Sections, 18" (CD) Sodding Unit Quantity Unit Cost Cost LS 1 $1,500 $1,500 LS LF LS SY SY EA LF LF EA A SY 1 400 1 74 74 6 88 380 1 51 $2,000 $2 $1 $20 0 $5 $1,500 $40 $35 $1,200 $5 $2,000 $800 $1,500, $1,480 $370 $9,000 $3,520 $13,300 $1,200 $2,600 102 -1 104 -13 -1 110 -1 -1 285- 709 -327 331 -72 -12 425 -1 -521 430 -12 -235 430 - 142 -101 430 - 982 -425 575 -1 575 -1 Sub -Total 1: $37,270 Replace existing stormsewer system located between 1020 and 1021 Forest Lakes Drive, LOCATION 2: adding a new inlet in the parking lot west of the pool. Item Description Mobilization Maintenance of Traffic Staked Silt Fence (type III) Clearing & Grubbing Asphalt Base Course Type 3 (10" thick) Asphaltic Concrete Type S -1 (1 1/4" thick) Ditch Bottom Inlet Type C ( <10') 18" Concrete Pipe Culvert 12 "x18" Elliptical Concrete Pipe Mitered End Sections, 18" (CD) Sodding Unit Quantity Unit Cost Cost LS 1 $500 $500 101 LS LF LS SY SY EA LF LF EA SY 1 300 1 150 150 3 88 106 1 216 $800 $2 $1,000 $20 $5 $1,500 $40 $35 $1,200 $5 $800 $600 $1,000 S3,000 0 $4,500 $3,520 $3,710 $1,200 $1,080 102 -1 104 -13 -1 110 -1 -1 285- 709 -327 331 -72 -12 425 -1 -521 430 -12 -235 430 - 142 -101 430 -982 -425 575 -1 Sub -Total 2: $20,660 J.F.O. 1/31/2002 1 Forest Lakes Drive improvements - preliminary 16J1 LOCATION 3: New stormsewer system located in front of the Club House, Forest Lakes Condos. New stormsewer system located between 966 and 1096 Woodshire Lane, along the south LOCATION 4: property line of Forest Lakes. Item Description Unit Quantity Unit Cost Cost Item 101 Mobilization LS 1 $500 $500 102 -1 Maintenance of Traffic LS 1 $500 $500 104 -13 -1 Staked Silt Fence (type III) - LF 500 $2 $1,000 110 -1 -1 Clearing & Grubbing LS 1 $1,500 $1500 120 -1 Excavation (swale) CY 110 $15 $1,650 285- 709 -327 Asphalt Base Course Type 3 (10" thick) SY 200$20 $20 $5 $4,000 331 -72 -12 Asphaltic Concrete Type S -1 (1 1/4" thick) Ditch Bottom Inlet Type C ( <10') SY EA 200 3 $5 $1,500 $1,000 $4,500 425 -1 -521 430 -12 -235 18" Concrete Pipe Culvert LF 200 $40 $8,000 430 - 142 -101 12 "x18" Elliptical Concrete Pipe LF 32 575 -1 Sodding SY 486 $35 $5 Sub- Tota13: $1,120 $2,430 $26,200 New stormsewer system located between 966 and 1096 Woodshire Lane, along the south LOCATION 4: property line of Forest Lakes. Item Description Unit Quantity Unit Cost Cost 101 Mobilization LS 1 $1,000 $1,000 102 -1 Maintenance of Traffic LS 1 $1,000 $1,000 Floating Turbidity Barrier LF 50 $5 $250 104 -11 104 -13 -1 Staked Silt Fence (type III) LF 50 $2 $100 110 -1 -1 Clearing & Grubbing LS 1 $500 $500 285- 709 -327 331 -72 -12 Asphalt Base Course Type 3 (10" thick) Asphaltic Concrete Type S -1 (1 1/4" thick) SY SY 67 67 $20 $5 $1,340 $335 430 -142 -101 12 "x18" Elliptical Concrete Pipe LF 32 $35 $1,120 430 - 982 -401 575 -1 Mitered End Sections, 12 "X18" (CD) Sodding EA SY 2 52 $1,200 $5 $2,400 $260 Sub -Total $8,305 TOTAL PHASE 1: $92,4 35 J.F.O. 1/31/2002 Forest Lakes Drive improvements. - preliminari 2 16J1 I- 751Golden Gate Interchange Advisory Committee Transportation Operations Department 2705 Horseshoe Drive South Naples FL 34104 February 25, 2002 AGENDA I. CALL MEETING TO ORDER: II. ATTENDANCE: III. APPROVAL OF MINUTES: January 30, 2002 IV. TRANSPORTATION SERVICES REPORT: A. Golden Gate Parkway Transportation — Lyn Thorpe, Project Manager Collier Co. Transportation V. OLD BUSINESS: VI. NEW BUSINESS: VII. PUBLIC COMMENTS: VIII. ADJOURNMENT: This meeting will be held at 10:00 February 25, 2002 County Commissioners Board Room Turner Building, Bldg. F, fd Floor Naples Fiefs Carter g 16JI Coyle Coletta 4 1 -75 /Golden Gate Interc an e Advisory Committee Transportation Operations Department 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF JAN. 30 2002 MEETING MINUTES III. APPROVAL OF MINUTES: Correction on second page, first paragraph should read (high MAST) not (High MASS), and bottom of page, Mr. Kant mentioned the ad hoc committee has been constituted for 3 years & not 1 year as he stated in minutes Mayor MacKenzie moved the minutes be approved with the above corrections, Seconded Tom Collins, Approved. IV. TRANSPORTATION SERVICES REPORT: Mike McGee from McGee & Associates gave a report to the Committee for what they can get for $300,000 Mike McGee, being the Landscape Architectural consultant for RWA will give a presentation for the design of the Golden Gate Parkway at February's meeting. Discussion was held on funding. It was suggested other means of funding may have to be looked at such as donations, public and/or private partnerships, or other sources from other municipal entities. misc. Cofr'es: Date a item# l t Copies 70: 16J1 1 -75 /Golden Gate Interchange Advisory Committee Transportation Operations Department 2705 Horseshoe Drive South Naples FL 34104 January 30,2002 Al Moore called the meeting to order at 10:05 AM. II. ATTENDANCE: A. City of Naples: Honorable Bonnie MacKenzie, Mayor B. Golden Gate Civic Organization: Bill Poteet C. Unincorporated Collier County: Thomas A. Collins II, Mark Morton D. Collier County: Edward J. Kant - Transportation Operations Director, Pam Lulich -ASLA Landscape Operations Manager, Bob Peterson - Landscape Operations, Nancy Siemion -ASLA Landscape Architect E. Other: Sarah Clarke -FDOT Project Manager, Michael McGee -McGee & Associates, FDOT Landscape Architecture Consultant, Sue Chapin - Manpower Services. Absent: Glenn Wilt (Excused) 111. APPROVAL OF MINUTES: Correction on second page, first paragraph should read (high MAST), not (High MASS), and bottom of second page, Mr. Kant mentioned the ad hoc committee has been constituted for 3 years & not 1 year as he stated in minutes. Mayor MacKenzie moved the minutes be approved with the above corrections, Seconded Tom Collins, Approved. IV. TRANSPORTATION SERVICES REPORT: Mr. Kant introduced Mike McGee from McGee & Associates to give the Committee an idea of what they could get for $300,000 as was requested from the last meeting. Mike discussed Softscape, and the different trees that can be used. He informed the Committee that anything can be done according to FDOT Guidelines as far as having less Sables, or Oaks, changing the canopy sizes, staggering the trees, spacing etc. Mr. Kant reminded the Committee that this is just "a" plan to compare with and that trade offs or substitutions are certainly doable. Mike proceeded to show pictures of different trees in other areas (attached) for the Committee. Ed Kant mentioned we still need to resolve the $80,000 issue with the noise wall, if there were no noise wall, there would be an extra $80,000. Mayor MacKenzie asked about irrigation — Mike said this plan includes a simple irrigation system. Sarah Clarke from FDOT said that according to past minutes, they would provide the standard painted light poles, the up charge of painting will be covered and they will paint the Signal & Light poles. Any decorative Luminars would be out of the $300,000. They will also fund the $80,000 noise wall if one is warranted, if not warranted, the Committee has the $80,000 to work with. V. VI. 16J1 Ed Kant mentioned that the Board had a series of meetings & was determined that Landscaping was desirable to our roadways but not a high priority. Collier County, as an entity, had no funding set out for its budget for this fiscal year, nor contemplate it in the next several years, having dedicated funding for Landscaping. There is dedicated funding for Landscape Maintenance because what is already there needs to be maintained & preserved. May have to look at other sources of funding such as donations, public and /or private partnerships, or other sources from other municipal entities. Bill mentioned that in order to go out & research other areas of funding we would need to know what the Committee is trying to accomplish and a bottom figure. Ed reminded the Committee that not only is there Capital Costs but also the ongoing maintenance involved After lengthy discussion concerning the medians & different types of trees, spacing and groupings, Mike reminded the Committee that the cars will be going 70MPH with approx. 7 seconds of viewing and that 100 feet is not unreasonable, so looking at a larger spacing is not uncommon. Discussion followed on other funding or lack of, in other areas such as 66'h street north. Ed then mentioned that at next months meeting in Feb. there will be a presentation from the designers and project managers of the Golden Gate Parkway project, in which will give you an idea of how this will all fit together. Ed discussed the "Outstanding List " (attached) such as Item (1) Jersey Barrier & Item (2) the Decorative Mesh. Pam said that these things would fall into place at the next meeting. The design of the 1 -75 Golden Gate Interchange and the Golden Gate Parkway project should be coordinated to read as one design. Mike is the landscape architectural consultant for RWA and is working on the design of the Golden Gate Parkway. He will do a presentation at that time. Ed is hoping the changes & details will all be worked out for the bridge by April or May with recommendations — the 1st of June is the deadline. More discussion followed on the Decorative mesh as to color & being pleasing to the eye. Nancy suggested making it a color that makes it disappear. Pam said it is a requirement to have a 12' mesh and based on a 40' height for the fixture that there will be 2 fixtures on each side of the bridge. More could be added as a decorative element but FDOT will require additional money outside of FDOT's budget. Bill asked if anyone was coming up with a rendering of the bridge, since we seem to be adding other structural elements to it, so we can come up with costs for it. Al added that when the presentation is made at the next meeting the Committee could then see what can be incorporated at that time & then figure out the costs. OLD BUSINESS: A list of meeting dates was handed out (attached) for the months through April. NEW BUSINESS: Bill said he had discussed with persons outside the committee the concept of naming the Bridge and finding a benefactor that would like to make a contribution to the cost of the development. He wanted to know how to market the idea. Ed said that on several named bridges it takes an act of legislature. But on local roads, it can go to the County Board Commissioners, but not sure seeing it is a local road bridge going over an interstate highway. Sarah said seeing it is being built with federal dollars — it would probably have to go to the Federal Highway Engineers & will speak with them to see if any procedures need to be followed. 2 16J1 AI Moore mentioned that as an ad hoc Committee the Officers were to serve a one - year term and wondered if we needed to schedule elections in February. Ed Kant mentioned they can have elections next month if so wished, but getting into summer when decisions have been made, it will have to be determined whether the committee is productive at that time, but entirely up to the Committee. Tom Collins moved to keep the present officers, seconded Bill Poteet, and carried unanimously. VII. PUBLIC COMMENTS: None No further discussion Mayor MacKenzie moved to adjourn, seconded Tom Collins, carried. Meeting was adjourned at 11:17. 16J1 GOLDEN GATE AD HOC MEETING DATES MONDAY, FEBRUARY 25, 2002 10 -12:30 TUESDAY, MARCH 19, 2002 1 -3:30 THURSDAY, APRIL 11, 2002 10 -12:30 ALL MEETINGS WILL BE HELD AT THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM 16J1 I -75 /Golden Gate Ad Hoe Committee January 30, 2002 Outstanding Items : 1. Jersey wall barrier proposed to be smooth with broom finish, integral color. Any reveal or additional texturing would come out of $300,000. (Bridge designs to be coordinated with Golden Gate Parkway). 2. Decorative Mesh Fence: The Broomfield bridges do not comply with FDOT. Although the vertical pickets appear to be 2 "o.c., the vertical area between them exceeds 2 inches (horizontal members would need to be spaced 2 "max. o.c.). Secondly, the top of the fence would need to extend higher at least 12' and there would still need to be either a 45 degree angle or a half round at the top in order to prevent debris from being thrown over the fence and onto the roadway. 3. The cost of the 5 -foot prismatic letters constructed of foam and fiberglass with the mounting system embedded is estimated to be $20,000 (for "ORLANDO ") a rough estimate is $2,500 for each letter and $2,500 for the whole installation. 4. Decorative lighting will be priced with the 60% completion plans. 5. Total FDOT Upgrades: $43,956.00 (Includes: Integral color sidewalks on the bridge only, Integral colored concrete median separator, paint and /or integral colored concrete proposed piers, columns and beams, paint and /or integral colored concrete proposed barrier wall) z "P17-711., Fv ^ F Landscape Archiitecture" Y � � YyyS�ry 2� f 6 i wttr»;'� it 0 OPINION OF COST'S �r FOR LANDSCAPE :CONCEPT "A" g ^z Reauired or Recommended Landscape Items: 1. Wildflower plantings (1% of budget Federal requirement)', 2. Littoral plantings in ponds (County LDC requirement) 3. Bridge planters (Community recommendation) Proposed Landscape Concept "A Plantings 1. Golden Gate Parkway Medians 1 thru 3 (Medians 59,000 sq. ft. @ $2.50 p.s.f.) (Ramp Embankments 31,656 sq. ft. @ $2.50 Total: $3009000.00 ( Opinion of cost numbers contain no contingency funding) FDOT Project Landscape,Budget: Design * Environmental Management * Planning 5079 Tandami Trail Fast / P.O. Box 8052 Naples, Florida 34101 Phone (941) 417 -0707 * LC 098 * Fax (941) 417 -0708 v 4 2 Ot Imn a :% f ,40 le d y g �M rw w y �` TW � Fes, � �� �� >i. •... a. h k T 1 i V a; 4 o k, 14 = r Si � wL, 3 4 � � 7 of 13 't l5 f a w 16J1 ,'ri• ., 4 t r « 4Y. 16J1 f. ��� „b voeo -ar an.) t %0” $-1 r "m ws ,� / NVId 1d3�N0� cm 19" . 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Ld33NO3 3dVOSdNV1 3 W 3EINVHJ»31N1 31VJ N3U105 1V 5L — 1 # s U I1�L1t1 PARKS AND RECREA TION AD VISOR Y BOARD AGENDA February 20, 2002 Fiala Carter FEB zoQ Henning Coyle — Board of County Commissioners ca.tta I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE TO THE FLAG III. INVOCATION IV. APPROVAL OF MINUTES V. AWARDS VI. NEW BUSINESS A. Selection of Neighborhood Parks B. Attorney's Workshop (sent letter to members 2/6/02) C. TDC Grant Applications D. Goodland (Dolphin Cove) VII. SPECIFIC UPDATES A. North Naples Regional Park B. Golden Gate Community Center C. Isle of Capri VIII. REPORTS /UPDATES A. Monthly Report B. BCC Recap C. Special Event Calendar D. Parks Update E. Recreation Update F. Adopt A Park IX. MEETING SCHEDULE X. MEMBER/ADDRESS LIST 'r I Lod l i 16J1 MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING Immokalee Community Park January 16, 2002 PRESENT: Ski Olesky, Chairperson Lindy D'Amico Mary Ellen Rand John Ribes Samuel Welborn ABSENT: Lisa Barnett, Vice - Chairperson STAFF PRESENT: Marla Ramsey, Director James Fitzek, Operations Manager Murdo Smith, Beach and Water Superintendent Joe Delate, Project Manager Steve Whittier, Recreation Superintendent John Veit, Parks Superintendent Debbie Roberts, Operations Coordinator Barbara Johnson GUEST: Nicholas J. Romano, Kiwanis Club I. CALL TO ORDER II. PLEDGE ALLEGIANCE TO FLAG Ill. INVOCATION IV. APPROVAL OF MINUTES: Motion: Minutes of December 19, 2001 approved by Lindy D'Amico, seconded by Sam Welborn. V. AWARDS: Presentation of Good Attitude Award to Ellen Barkin of Golden Gate Community Center. VL NEW BUSINESS A. Election of Officers: Ski Olesky nominated by Lindy D'Amico for President. Seconded by Mary Ellen Rand. Approved. Motion for nomination of vice- chair, Lisa Barnett by Lindy D'Amico. Seconded by Sam Welborn. Approved. B. Max Hasse Expansion: The Department has been trying to purchase this piece of property for the last five years. The County previously offered the owners, who live in Israel, $80,000; however, the owners had 1 16J1 ThViceived an appraisal of $130,000 in early 2000 and the recent County appraisal was $127,500. e Department does not have any money budgeted for this purchase. Room for future expansion of the fitness center at this location was provided for, but no additional facilities can be added as the park is built out. This nice piece of property would afford some green space along the property line where the community center is located. The Department needs direction whether to pursue this purchase or not. If the County purchases land and does not use it, it can be sold at a later date; however that is not the purpose of County land purchase. MOTION: We buy property providing funding is there for it, or pursue funding. Motion by Ski, seconded by Mary Ellen. Approved 5 -0. C. Isle of Capri The availability of lots, or lack of, was discussed at the October meeting of PARAB. Real Property has been attempting to contact Mr. Jones, a realtor on the Island, to see if he could be of any assistance. As of yesterday afternoon all calls and messages directed to him have remained unanswered. The Chairperson of the Isles of Capri Park Committee was checking to see if she could produce any options for consideration. Ski suggested the Department wait to see if Mr. Jones provided any information and not waste a lot of staff time on research. Presentation by Nicholas J. Romano, representing the Kiwanis Clubs of the area. The Kiwanis Club is interested in providing a playground on a' /, acre site in a Habitat for Humanity development now under construction near the Hitching Post on US 41. The Department does not have any neighborhood parks on that side of US 41 in the area. A Game Time representative would help the Club design the park, the Kiwanis members would install the playground equipment, and when completed the park would be turned over to the Parks and Recreation Department for maintenance purposes. This procedure is permissible if there is an engineer or builder present when the equipment is installed. Motion by Sam Welborn to proceed, seconded by Lindy D'Amico, and approved 5 to 0. The question was raised whether money in the budget allocated to a neighborhood park and not spent would be carried forward for the following year. It is. D. Neighborhood Parks The Neighborhood Park Policy requires that the approval process by PARAB begin in January. As this meeting was in Immokalee, applicant representatives were not contacted to attend due to the driving distance. It was suggested that the two applications — Rattlesnake Hammock/County Barn Road and Naples Park — not be compared against each other, but each site separately to the criteria. Discussion took place regarding the sites listed in Naples Park. Mary Ellen will determine what is available on the market with the approximate selling price for the next meeting. A map of the two square miles of Naples Park will also be provided at the next meeting. Livingston Woods Neighborhood Park — Commissioner Henning will contact residents in January or February to indicate whether or not they want a park. The Commissioner wishes some closure to this project — either build a park or sell the land. Members are to study the applications before next month and make a final decision after hearing the presentations at the next PARAB meeting. E. Five Year Comparison Sheet This information was requested by the County Manager and indicates how the Department is performing in revenue vs. cost. The goal five years ago was to have the revenue at the 30% mark and Recreation at 50 %, while increasing facilities and staff. 16J1 In 1999 the Beach and Water Section took over some of the maintenance of the beaches, and again in 2000 more maintenance was transferred from the Parks Maintenance Section. The General Fund, which includes the entire County and not just the unincorporated area, subsidizes this Beach and Water budget. At the beginning of the five year period, Recreation was all grouped together. Each community center now has its own budget. These figures include all recreation — after school programs, summer camps, jazzercize, athletics. Immokalee Recreation is minus the Immokalee Parks Maintenance and the revenue is 15% of costs. Residents should be encouraged to use the facilities even if not joining the programs. The user figure is not as high as it should be. The Maintenance Section has added staff, as well as acreage and the cost is now approximately $3,300 per acre, which includes staffing, materials, equipment, etc. More revenue could be realized with the selling of beach stickers. The Agreement with the City will expire in September and staff could recommend a sticker fee. This Agreement requires the County to pay a certain amount each year for the privilege of using City beaches and partial payment of beach maintenance. Another option would be to raise the parking fee to $5 per day. VII. SPECIFIC UPDATES A. North Naples Regional Park Joe Delate passed around the latest site plan which now has two lakes, pathway has been moved, etc. in the attempt to make the most of the available land and meet all requirements of different permitting agencies. The original plan had walkways on the berms — the Department has now been informed that this would have a secondary impact on the wetlands and associated additional mitigation fees would be required. The secondary impact would take place whether or not the walkway was paved. The Department is waiting to see the cost estimate as $30,000,000 is the targeted cost of the park. With the sales tax revenue being used for the road bond, there may not be many dollars left for Parks and Recreation to secure a bond. The goal is to complete the park in entirety and not phase any facilities; however this may become necessary. The mitigation fees have already reached 1 to 1.5 million dollars. MOTION BY John Ribes: Approve going forward with pathway even with the secondary impacts. Seconded by Lindy D'Amico. Motion passed. B. Golden Gate Community Center The new proposed plan, which provides more green space than the original plan, was distributed. To meet the Transportation Department requirements, the parking lots were flipped and the drop off circle replaced with a flat area. An engineer will be providing the location of the entrance driveway off Lucerne. AB & B is currently working on the site plan and the target completion date of the project is December of next year. VIII. REPORTS/UPDATES A. Monthly Report — no questions B. BCC Recap — The Vanderbilt garage is on hold for a six month period for two reasons. First, Reserve money was used to replace some sand on the beach which had been removed by the hurricane and second, a pending law suit due to a deed restriction regarding height of buildings. Pelican Bay Foundation approved the garage plan but WCI — Ritz Carlton did not, even though it 16J1 is a duplicate of the Ritz's garage. The attorneys are determining whether deed restrictions apply to County property. C. Special Event Calendar: Country Jam is scheduled for May but the Department is waiting for the attorney's opinion to see if it can be moved to April. Country Jam has always included carnival rides, but this year there are no carnival companies available. If the date cannot be changed, the event will be held without the traditional carnival rides. The Party in the Park concert will be held on January 26`h with two teen oriented bands performing in the afternoon and two reggae groups in the evening. D. Parks Update: Joe went over the list included in the packet. Building permits take approximately 2 to 3 months, depending on the building. E. Recreation: The Golden Gate Community Center will host a Cool Cruisers Show and will sponsor the Senior Expo again this year. At this event there are booths providing information, materials, items, goodies — similar to a health fair but not only health related. F. Adopt A Park: Ski reported the appearance of the parks in Immokalee is much improved the last eight to ten months. Jeff is doing an excellent job. IX. MEETING SCHEDULE: Meeting will be held next month, February 20`h at Veterans Community Park. The question was raised about Sunshine restrictions and how they applied to PARAB. The Attorney's Office never scheduled their requested visit . All business has to be conducted in the open — if something is to be shared with the Board it has to be brought to the meeting. Meeting Adjourned. Coder Count Fiala o/ Carter Henning Coyle matte Memoran m 16J1 To: Sue Filson, Executive Manager RECEIVED From: John Dunnuck FEB 1 2002 Public Services Admini ratelr SAmN of County Commissioners , Date: February 12, 2002 Subject: Black Affairs Advisory Board — 2001 Agenda and Minutes Enclosed for your review is a copy of the agenda and minutes from 2001 for the Black Affairs Advisory Board. I wanted to point out that the minutes from the January, March and June meeting were never submitted by the assigned advisory board member(s) and therefore were never approved. Due to the inconsistency minutes were previously handled, I have subsequently taken on the responsibility of producing the minutes. Should you have any additional questions, please do not hesitate to contact me. Misc. Corres. Bate:.= '�"'`�? item# ILJ t Copies 1W. Public Services Division 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, January 22, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —Oct. 16, 2000 III. Old Business A. Invitation to Commissioner B. Mentoring Board Follow -up C. Communication Relays D. Affordable Housing IV. New Business Officer Elections V. Adjourn 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, February 26, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —Oct. 16, 2000 Approval of Regular Meeting Minutes — January 22, 2001 III. Old Business A. Affordable Housing B. Employment Listing Follow -up IV. New Business V. Adjourn 16J1 BLACK AFFAIRS ADVISORY BOARD NO QUORUM February 2001 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, March 19, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —Oct. 16, 2000 Approval of Regular Meeting Minutes — January 22, 2001 III. Old Business Affordable Housing IV. New Business Member Selection V. Adjourn 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, April 16, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER— Welcome Robert Jenkins II. Approval of Regular Meeting Minutes —Oct. 16, 2000 Approval of Regular Meeting Minutes — January 22, 2001 Approval of Regular Meeting Minutes — March 19, 2001 III. Old Business Recruitment IV. New Business Job Fairs / Diversity Days V. Adjourn 16J1 Black Affairs Advisory Board Minutes From 4/16/01 The Black Affairs Advisory Board of Collier County met on April 16, 2001. Present: Chairman, Al Wabey Members: Rufus Watson, Marian Thompson, LaVerne Franklin, Fitzgerald Frater, Gerry Moore, Bob Jenkins County Staff: John Dunnick The meeting was called to order by the Chairman, who welcomed new member Bob Jenkins. The Board discussed the need to recruit more minorities into the County Senior Management Positions. The agreed to assist the County in its minority recruiting efforts by making referral and developing a source list for minority recruiting. It was also suggested that the County seek input from minority groups such as BARB, NAACP and others when developing its employee's brochure, which would include minority activities in Naples and Collier County. The Board agreed after a lengthy discussion that each member would submit a list of likely minority recruiting areas to be presented to the County. The Board also discussed holding a Job Fair/Diversity Days in conjunction with other organizations. The meeting adjourned at 7:00 p. m. 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, May 21, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —Oct. 16, 2000 Approval of Regular Meeting Minutes — January 22, 2001 Approval of Regular Meeting Minutes — March 19, 2001 Approval of Regular Meeting Minutes — April 16, 2001 III. Old Business Job Fairs / Diversity Days IV. New Business V. Adjourn 16J1 Black Affairs Advisory Board Minutes From 5/21/01 The Black Affairs Advisory Board of Collier County met on May 21, 2001. Present: Chairman, Al Wabey Members: Rufus Watson, Marian Thompson, LaVerne Franklin, Gerry Moore, James Drayton County Staff: John Dunnick Guest Speaker: Jean Merritt, Public Information Director The meeting was called to order by the Chairman. The Board listened to a presentation by the guest speaker, who discussed in detail the County's process in disseminating information to the public. At the conclusion of Ms Merritt's presentation the was a question and answer session. Several suggestions were made to Ms. Merritt that would involve more minority citizens and publicize the contributions minorities have made and continue to make in the County. The Board was updated on the shooting death in the River Park sections of Naples on April 28, 2001. While the investigation is ongoing the NAACP and other community organizations were working to improve the living conditions in that area. Meetings are constantly being held with both City and County officials to address all concerns of the Afro - American community. The meeting adjourned at 7:00 p. m. NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, June 18, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —Oct. 16, 2000 Approval of Regular Meeting Minutes — January 22, 2001 Approval of Regular Meeting Minutes — March 19, 2001 Approval of Regular Meeting Minutes — April 16, 2001 Approval of Regular Meeting Minutes — May 21, 2001 III. Old Business IV. New Business RIVER PARK ISSUE / BAAB'S ROLE V. Adjourn 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, July 16, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —Oct. 16, 2000 Approval of Regular Meeting Minutes — January 22, 2001 Approval of Regular Meeting Minutes — March 19, 2001 Approval of Regular Meeting Minutes — April 16, 2001 Approval of Regular Meeting Minutes — May 21, 2001 Approval of Regular Meeting Minutes — June 18, 2001 III. Old Business 1. Computer Program Class 2. Programs w/ Schools IV. New Business Victor Valdez V. Adjourn 16J1 MINUTES O. THE BLACK AFFAIRS Ax, VISORY BOARD MEETING July 16, 2001 Members Present: Staff and Others Present: James Drayton John Dunnuck, Liaison to County Manager / BAAB Gerry Moore Al Wahbey, Chairman Rufus Watson Robert Jenkins Laverne Franklin Marian Thompson I. The meeting was called to order at 6:15 PM II. Approval of Minutes (Approved 6 -0) April 16, 2001 May 21, 2001 III. Old Business Computer Program Class John Dunnuck reported that there are no computers available for resale to the community at this time. Computers are now leased and it does not appear there will be any available anytime soon. Programs with Schools John Dunnuck reported that he was not able to get in touch with representatives from schools to determine if there is a viable opportunity to create an after school program to educate students about County government. He will continue to work on this project so that we can possibly implement a program for next summer. IV. New Business Discussion Regarding Human Relations Committee After much discussion, Board voted to dissolve the BARB in favor of the Human Relations Committee in concept as long as they were provided representation on the committee and provided an opportunity to review the ordinance. BAAB would not be dissolved until the HR committee is established. V. Meeting was adjourned at 7:15 PM Respectfully Submitted Approved by, I ,J Wr"'L Jo n Dunnuck, Liaison Al Wahbey, Chairman 16J1 BLACK AFFAIRS ADVISORY BOARD No Meeting Scheduled August 2001 [Ulm NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, September 17, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — H. Approval of Regular Meeting Minutes —July 16, 2001 III. Old Business 1. BARB Spotlight (Channel 54) 2. Victor Valdez IV. New Business Appointment of New Member V. Adjourn 16J1 BLACK AFFAIRS ADVISORY BOARD NO QUORUM September 2001 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, October 15, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER — II. Approval of Regular Meeting Minutes —July 16, 2001 III. Old Business IV. New Business Redistricting - Commission Districts V. Adjourn BLACK AFFAIRS ADVISORY BOARD NO QUORUM October 2001 16J1 MINUTES Or rHE BLACK AFFAIRS ADVISORY BOARD SPECIAL MEETING November 7, 2001 Members Present: Staff and Others Present: Al Wahbey, Chairman John Dunnuck, Liaison to County Manager / BAAB Gerry Moore David Weeks, Chief Planner Laverne Franklin Michael Kirk, Collier County Schools Marian Thompson Tim Durham, County Attorney's Office Rufus Watson Chuck Mohlke, Democratic Party Chairman I. The meeting was called to order at 6:15 PM II. Old Business Review of Redistricting Issues After discussion regarding the district maps option. BAAB recommended approval of Map #4 (5 -0). III. New Business None IV. Meeting was adjourned at 7:00 PM Respectfully Submitted Jo I Dunnuck, Liaison Approved by, Al Wahbey, Chairma 16J1 NOTICE OF MEETING BLACK AFFAIRS ADVISORY BOARD Monday, December 17, 2001 6:00 PM Conference Room E Community Development Building 2800 N. Horseshoe Drive AGENDA I. CALL TO ORDER - H. Approval of Regular Meeting Minutes -July 16, 2001 Approval of Special Meeting Minutes - November 7, 2001 III. Old Business None IV. New Business Annual Report to Board of County Commissioners Presentation by Bill Petit - Boy Scouts V. Adjourn f I MINUTES OF 1..E BLACK AFFAIRS ADN _ -.ORY BOARD MEETING December 17, 2001 Members Present: Staff and Others Present: Al Wahbey, Chairman John Dunnuck, Liaison to County Manager / BAAB Carolyn Spatta Bill Poteet, Boy Scouts of America Laverne Franklin Mel Moore, Boy Scouts of America Marian Thompson Rufus Watson I. The meeting was called to order at 6:15 PM II. Approved Regular Meeting Minutes —July 16, 2001 (5 -0) Approved Special Meeting Minutes — November 7, 2001 (5 -0) III. Old Business None IV. New Business Presentation by Bill Poteet — Boy Scouts Mr. Poteet and Mr. Moore explained that the local chapter of the Boy Scouts is lacking in minority population and wanted suggestions from the Board on how to improve enrollment among minorities. It was suggested by Rufus Watson that they utilize the local churches and bring a representative to act as liaison. Laverne Franklin provided contacts for the churches and further suggested that they contact James Whitacre from River Park Community Park. John Dunnuck will provide a list of contacts with County Parks and Recreation. John Dunnuck will also contact other members of the BAAB to determine if there is any interest by anyone to assist the Boy Scouts when they speak with the church leaders. Finally it was suggested that they form an advisory group comprised of the following: a minority participant in the program, James Whitacre, representative from BAAB, and representative from the Hispanic Advisory Board, a representative from the church, and possibly the NAACP. Annual Report to Board of County Commissioners The Board approved the annual Report with a stipulation that additional language be added clarifying their role once they have reviewed and approved the Human Relations Commission. The Board does not recommend terminating the group until they have approved the Ordinance and feel comfortable with its role in the community. The Ordinance will be mailed to them shortly and discussed at the next meeting. 16J1 V. Meeting was adjuurned at 7:40 PM Respectfully Submitted„ Approved by, Dunnuck, Liaison Al Wahbey, Chairman 16J1 ANNUAL ADVISORY BOARD REVIEW RE: BLACK AFFAIRS ADVISORY BOARD STAFF AGENCY: John Dunnuck, Liaison, County Manager's Office AUTHORITY: Collier County Ordinance No. 86 -41, as amended. SUBMITTED: December 17, 2001 SUMMARY: Established in 1991, the Black Affairs Advisory Board identifies and evaluates problems unique to the Black community; reviews and recommends ways to ensure open communication between minorities and County government to foster better understanding of minority problems; and, provides reports to the Board as necessary on issues relating to minority Affairs. Current members of the Board include: Mr. Albert Wahbey, Chairman Mr. Rufus Watson Ms. Laverne Franklin Ms. Marian Thompson Mr. Robert Jenkins Mr. James Roath Mr. James Drayton Ms. Carolyn Spatta Ms. Gerry Moore The Board meets monthly, on the 3rd Monday of the month, at 6:00 p.m., in Conference Room E of the Community Development & Environmental Services Building. Meetings are taped and aired on Channel 54, the County's Government Access Channel. Pursuant to Ordinance No. 86 -41, as amended, the annual report should consider. 1. Whether the Board is serving the purpose for which it was created. Yes. The Board advises the County on minority affairs including County practices and current events and problems affecting the community. The Board also works to foster better understanding of minority issues in an effort to improve County coordination. 2. Whether the Board is adequately serving current community needs. Yes. While the Board is serving the needs designated in the Ordinance, it is contemplated and has been supported by the Black Affairs Advisory Board that a Human Affairs Commission be established in lieu of this Board to address a wider range of 16J1 issues with all minority issues. The Board respectively believed there are more issues than just "Black" and `Hispanic" concerns. They also believe this coordinated effort would be more effective. 3. A list of the Board's major accomplishments for the preceding twelve month period (January 2001— December 2001): Since the last review the Black Affairs Advisory Board has been successful in lobbying for a named County facility after Dr. Rev. Martin Luther King Jr. Additionally the committee has focused its attention toward internal hiring practices for minorities and promotion of diversity in Collier County. As a result, the Office of Public Information has changed the types of publications traditionally produced. Also, Human Resources is looking into better means to recruit qualified minority candidates including utilizing networking strategies as recommended by the Black Affairs Advisory Board. Finally, the Board reviewed and recommended the revised district maps for the both the Board of County Commissioners and the Collier County School Board. General topics discussed include mentoring programs in conjunction with the schools, affordable housing issues in Collier County, the River Park incident, and the creation of the Human Relations Commission. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. The Black Affairs Advisory Board supports the conceptual creation of a Human Affairs Commission. Absent that, BARB is the appropriate board to serve the Commission regarding matters for which this Board was created. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The Black Affairs Advisory Board believes the current Ordinance provides adequate direction at this time. 6. Whether the Board's membership requirements should be modified. No. 7. The cost, both direct and indirect, of maintaining the Board. The Black Affairs Advisory Board operates on minimal direct costs (paper, copies etc.). Staff time is the only indirect cost, which is a minimal 30 hours annually. Fiala _ Garter Henning Coyle _ Coletta - AGENDA RECE"116J1 � FEB 15 2001 Board of County Commissioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 21, 2002, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF: JANUARY 3, 2002, MINUTES 5. PLANNING COMMISSION ABSENCES: DAVID WOLFLEY, LORA JEAN YOUNG 6. BCC REPORT- RECAPS OF JANUARY 8 AND JANUARY 22, 2002 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. BD- 2001 -AR -1608, Christian Spilker, of Turrell & Associates, Inc., representing John J. McCrohan, requesting a 30 -foot boat dock extension to allow for a 50 -foot boat dock with 2 slips for property located at 267 Third Street West, Bonita Springs, further described as Lot 16, Block G, Little Hickory Shores Unit 3 Replat, in Section 5, Township 48 South, Range 25 East, Collier County, Florida (Coordinator: Ross Gochenaur) B. BD- 2001 -AR -1642, Christian Spilker, of Turrell & Associates, Inc., reprefIj*fs l� S. Hoskins, requesting a 30 -foot boat dock extension to allow for a boat dock and boat -lift 1 protruding a total of 50 feet into the waterway for property located at 230 QLP c Nodb, 1 f, 16J1 further described as Lot 18, Block 6, Goodland Heights Amended, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. (Coordinator: Ross Gochenaur) C. BD- 2001 -AR -1701, Robert E. Dietz, of Hilo Capri Inc., requesting approval of a boat house for property located at 174 Hilo Drive East, in Section 32, Township 51 South, Range 26 East, further described as Lot 406, Isles of Capri No. 2. (Coordinator: Ross Gochenaur) D. VA- 2001 -AR -1584, Stan Whittemore, representing T. Michael and Barbara J. Brott, requesting a 5 -foot variance from the required 30 -foot rear yard setback to 25 feet for property located at 384 Fox Den Circle, further described as Lot 32, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida (Coordinator: Fred Reischl) E. PUDA- 2001 -AR -431, Tim Hancock, AICP, representing Park East Development, LTD, requesting an amendment to the Founders Plaza PUD by updating the existing PUD for the purpose of including language that permits additional retail and commercial uses on parcels that exceed 150' in depth for property located on both sides of Golden Gate Parkway at the Santa Barbara Canal Crossing in Golden Gate City, Section 28, Township 49 South, Range 26 East. (Coordinator: Ray Bellows) (CONTINUED INDEFINITELY) F. PUDA-2001 -AR- 1133, Richard L. Woodruff, AICP, of WilsonMiller, Inc., representing The Moorings, Inc., requesting an amendment to the Moorings Park PUD for the purpose of eliminating the specific project description language and adding a general project description allowing for a full range of congregate and nursing care facilities and accessory uses including an assisted living facility and independent living units. Other changes include the revision to the list of permitted uses and accessory structures, revising the off -street parking requirements, updating the master plan to illustrate the general existing and proposed development tracts while increasing the maximum building heights from one and three stories to 8 stories, for property located at 120 Moorings Park Drive, in Section 15, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Ray Bellows) G. PUDZ- 2001 -AR -955, William L. Hoover, of Hoover Planning & Development, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Wolf Creek PUD for a residential project for a maximum of 243 dwelling units on property located along Wolf Road, approximately %z mile west of Collier Blvd. (C.R. 95 1) and 3/8 mile north of Vanderbilt Beach Road (C.R. 862), in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 60.84± acres. Coordinator: (Ray Bellows) (CONTINUED INDEFINITELY) H. CU- 2001 -AR -1414, Kathy Morgan, of Land Development Consultants, representing The Church of Jesus Christ of Latter Day Saints, requesting Conditional Use "10" of the "C -1" district and Conditional Use "2" of the RSF -3 zoning district for a church for property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 5f acres. (Coordinator: Fred Reischl) I. CU- 2001 -AR -1456, Dwight Nadeau, of RWA, Inc., representing Maloney and Sons Equipment, Inc., requesting Conditional Use "20" of the Industrial district for a waste recycling and transfer facility for property located at 3600 Prospect Avenue, in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 4.78± acres. (Coordinator: Fred Reischl) 2 16J1 RZ- 2001 -AR -1743, Vincent A. Cautero, AICP, of Wilkison & Associates, Inc., representing Habitat for Humanity of Collier County, Inc., requesting a rezone from "A" Rural Agricultural to RSF -5 for a housing project for property located on the northeast corner of Little League Road and Lake Trafford Road, in Section 31, Township 46 South, Range 29 East, Collier County, Florida, consisting of 50.82± acres. (Coordinator: Ray Bellows) 9. OLD BUSINESS — LDC MINUTES —JANUARY 9, 2002 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 2/21/ 01 /CCPC AGENDA/SMAo 3 I January 3, 200216)1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, January 3, 2002 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:33 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: NOT PRESENT: Joyceanna J. Rautio Kenneth L. Abernathy Lindy Adelstein Lora Jean Young David J. Wolfley Dwight Richardson Mark P. Strain Russell A. Budd Paul Midney ALSO PRESENT: Marjorie M. Student, Asst. County Attorney Ray Bellows, Chief Planner, Planning Services Page 1 January 3, 200 216J1 CHAIRMAN RAUTIO: Good morning, ladies and gentlemen. I'd like to call to order this meeting of the Collier County Planning Commission in regular session for Thursday, January 3rd, 2002. Please stand and join me in pledging allegiance to our nation's flag. (The Pledge of Allegiance was recited in unison.) CHAIRMAN RAUTIO: Next item on the agenda is roll call. Mr. Midney, absent but excused. Mr. Adelstein. COMMISSIONER ADELSTEIN: Here. CHAIRMAN RAUTIO: Mr. Budd, absent but excused. Mr. Abernathy. COMMISSIONER ABERNATHY: Here. CHAIRMAN RAUTIO: Ms. Rautio, present. Mrs. Young. COMMISSIONER YOUNG: Here. CHAIRMAN RAUTIO: Mr. Richardson. COMMISSIONER RICHARDSON: Yes. CHAIRMAN RAUTIO: Mr. Wolfley. COMMISSIONER WOLFLEY: Here. CHAIRMAN RAUTIO: Mr. Strain. COMMISSIONER STRAIN: Here. CHAIRMAN RAUTIO: We do have a quorum. Thank you. Do we have addenda to the agenda that you're aware of, Mr. Bellows? MR. BELLOWS: Yes. On Item -- Agenda Item 8 -B, that's PUDA-2001 -AR-43 1 , it's come to my attention there was an advertising error on this petition. And the petitioner and I have discussed this, and we request that this be placed on the next Planning Commission agenda. CHAIRMAN RAUTIO: Okay. So that would be the January Page 2 January 3, 200216)1 17th meeting? MR. BELLOWS: Yes. COMMISSIONER ABERNATHY: So moved. COMMISSIONER YOUNG: Second. CHAIRMAN RAUTIO: We have a motion and a second; a motion by Mr. Abernathy, a second by Mrs. Young for removal of Item 8 -B under public hearings to the January 17th Planning Commission hearing. All in favor? (Unanimous response.) CHAIRMAN RAUTIO: Those opposed, same sign. (No response.) CHAIRMAN RAUTIO: Motion carries. COMMISSIONER RICHARDSON: Madam Chair, just on a narrow point, in that particular packet, 8 -B, I appear to be missing some information, so you might want to check that before the next meeting. MR. BELLOWS: Yes. Since we're on that item, I'd like to address certain things that have come to my attention since I got back from vacation. One is the applications that -- some of the staff reports in your agenda packets may be missing some pages. And the reason for that is -- and not every planner does it the same way but -- or every application that we receive. Sometimes those pages are missing because those are pages that are informational. They have information on how to prepare and submit a traffic impact statement. Technically, they should not be part of the application packet and that because of the numbers -- sequential -- sequence makes you think that there's information missing. Really, it's just an informational part of that application. It either should be attached as an exhibit or given out separately and not attached. So I apologize for that confusion, but it's really not missing information on the application; it's just an exhibit that's not -- it's been removed because Page 3 January 3 2002 6J 1 it's redundant information. CHAIRMAN RAUTIO: And you might be considering changing the -- MR. BELLOWS: Oh, definitely. CHAIRMAN RAUTIO: -- format. Go ahead if you want to talk about that. MR. BELLOWS: Yes. I discussed this with the -- Madam Chairman, and I agree that a revision to the application will occur. We will eliminate those informational parts of the application and just keep the necessary applicant information on the application, and that should resolve any of those problems with -- when you get an application in your agenda packet, all the numbers will be there, so you'll know nothing's missing. CHAIRMAN RAUTIO: And we will continue this discussion under the chairman's report, some additional items procedurally we'd like to chat about. I also want to point out that under Item No. 9, old business, we'd like to specifically identify Item A, the ability of LDC updates and the codes, and that will be handled by Commissioner Adelstein under 9, old business. COMMISSIONER STRAIN: Can I add a couple things to old business? CHAIRMAN RAUTIO: Certainly. COMMISSIONER STRAIN: Okay. We also have an issue of the meeting space. We talked about it a couple meetings ago, and I would like to find out if that was something we should seek further on -- further need of. CHAIRMAN RAUTIO: For availability of office space; right? COMMISSIONER STRAIN: Yeah. CHAIRMAN RAUTIO: Okay. COMMISSIONER STRAIN: Yes. For the commission members. Page 4 January 3, 200216)1 CHAIRMAN RAUTIO: And you said a couple. COMMISSIONER STRAIN: The other item I think we can discuss under your chairman's report possibly. It's timeliness of receiving minutes for some of our meetings. CHAIRMAN RAUTIO: Thank you. I've identified that under 4, the comment about minutes, under the approval of the December minutes. COMMISSIONER STRAIN: Oh, so we can comment about the lack of minutes as well as the approval of the current ones under 4? Okay. CHAIRMAN RAUTIO: I will be more than happy to give you the floor on that issue. Okay. Any other comments, addenda to the agenda or additions to the agenda? Okay. Under Item No. 4, approval of the December 6th, 2001, minutes, are there any additions, corrections to this particular set of minutes? Do we have a motion for approval? COMMISSIONER RICHARDSON: So moved. COMMISSIONER YOUNG: Second. CHAIRMAN RAUTIO: I have a motion by Commissioner Wolfley -- oh, excuse me -- Richardson, a second by Commissioner Young for approval of the December 6th minutes the way they are written and presented. Do we have any comment? No comment. All those in favor say aye. (Unanimous response.) CHAIRMAN RAUTIO: Same -- excuse me. Those opposed, same sign. (No response.) CHAIRMAN RAUTIO: Motion carries. I want to make it abundantly clear that we're missing LDC minutes of the 14th of Page 5 January 3, 200216)1 November and the 25th (sic) of November. They have not been on an agenda that I have whatsoever. And I do know, from having checked with the court reporting service, that they fulfilled their contract and provided them adequately. Now I'm going to turn the floor over to Mr. -- Commissioner Strain to comment, if that's what he's looking for. COMMISSIONER STRAIN: That's basically what I was looking for. And where that came about is we were given some additions, corrections, deletions, whatever you want to call them, to the LDC amendments as part of this week's packet. And in order to review those, I wanted to look at the minutes from the prior meetings to see what we had recommended or suggested. Well, I went through all my old minutes of all the meetings since I've been here. And, to and behold, there's nothing on the LDC meetings that we had, and they were well over a month or more ago. So I don't know how we can be expected to check this kind of stuff without the backup we need from the prior meetings that should have been in our packages quite a long time ago. CHAIRMAN RAUTIO: Right. And then if you were really enterprising and went to the Web site, you would have found that the last posted LDC minutes was from the -- I believe the 28th (sic) of October when we had our special meeting, so you couldn't even pull them off the Web site. So having done a little extra research with one of the staff members who's more than concerned that it might be her responsibility and no one clarified it for her, it turns out that we're going to try to identify what's happening in IT so that the minutes truly are available, because it seems to be a difference -- they haven't gotten over to the planning department itself. And there's also an issue -- and, Mr. Bellows, if you would follow up on that since Ms. Murray's not here -- of the ability in IT to Page 6 January 3, 200216)1 translate these into a Word document so that they print easily. So I think we have more than just the issue of what happened to the minutes. A, they haven't been posted; B, they're not in the format that staff can press a button and print them correctly. We need some more attention to this. And I have to agree with Commissioner Strain. It's very difficult to look through what we have that was presented to us without being able to go back and look at our discussions, which went on for hours, on the 14th of November and the 28th of November. Any other comments? Okay. Moving right along, Item No. 5, Planning Commission absences. Today Russell Budd is excused as well as Mr. Midney. And it would appear that I may not be here on the next meeting, the 17th of January, so I'd like to alert my vice -chair to his needed services. Any other absences that you're aware of? COMMISSIONER WOLFLEY: The month of February I will be out. CHAIRMAN RAUTIO: Month of February you will be gone. COMMISSIONER WOLFLEY: That is correct. CHAIRMAN RAUTIO: And, Commissioner Young, you had mentioned before -- COMMISSIONER YOUNG: I'll be away from February 4th through March 31 st. CHAIRMAN RAUTIO: So we will have to work real hard to make sure that we have a quorum with two being absent, for sure, in February. COMMISSIONER ABERNATHY: I'm on the hook for jury duty the week of the 17th. Surely a judge would excuse me to do the Lord's work in another pasture over here. CHAIRMAN RAUTIO: You might have to use your skills to negotiate with them on that particular issue. Okay. Week of the Page 7 January 3, 200216)1 17th. All right. We are on Item No. 6, the Board of County Commissioners' report, the recaps for December 11th. Do we have questions or highlights from Mr. Bellows? MR. BELLOWS: I have no information to give you on the recaps. Everything should be in the information you have. CHAIRMAN RAUTIO: No questions. Okay. Now we are at the chairman's report. As mentioned earlier, we seem to have some difficulty with getting adequate information in our packets, and this last packet certainly was illustrative of the difficulties that we've had in the past. And I want to comment that this board has made it very clear that we want -- when we have an issue of a PUD amendment, we must see the old document. For example, if it's been repealed once or twice, we really only need the most current PUD document to compare with the one that's presented in the packet. And that's a standard of this board. Care to comment, Commissioner Strain? COMMISSIONER STRAIN: And that has been mentioned at prior meetings. I know, Ray, you and I talked about some of the problems with this packet. And they aren't -- they didn't come from you; they came from your predecessor. You inherited them. It's unfortunate. One of the issues I had was with the Founders Plaza PUD that has already been continued, and that won't be heard today. The other one I had an issue with was the Kenco Development/Richland PUD. And your comments to me yesterday were that there wasn't extensive changes in the Richland original PUD to the new one. I got a copy of the original Richland PUD, and there are pages changed. The environmental issues have changed. The setbacks have changed. The square footage of allowed commercial is changed. And those are substantial. And I think that UUM January 3, 200216)1 for the benefit of this entire Planning Commission, every planning commissioner should have had the benefit of the old PUD to understand what was there and what is being proposed. Based on that and the fact while I may have had it -- and I was up late reading it last night because I didn't get it until late yesterday. I know the rest of this board probably didn't get it. And I would recommend that we ask to continue this particular hearing on that issue to the next meeting date. CHAIRMAN RAUTIO: Well, I -- COMMISSIONER ABERNATHY: Continue what? CHAIRMAN RAUTIO: Continue the Richland item, which is C on our agenda. I managed to pick up a copy when I went in to talk to staff about the inadequacies of the packet. And 1, too, noticed that there were a number of changes and tried to make my comparison rather late last night myself, and I'm not comfortable with going forward. Commissioner Adelstein. COMMISSIONER ADELSTEIN: I don't have a copy of the Golden Gate Master Plan either, nor have I ever seen one. And there's no reason we don't have them, but we don't. CHAIRMAN RAUTIO: Any other comments from commissioners? What do you -- those of you who may not have gotten these documents, what do you feel? COMMISSIONER RICHARDSON: I would certainly support continuing it until we get sufficient information to review. COMMISSIONER ADELSTEIN: So would I. COMMISSIONER STRAIN: I'd like to move that we continue -- and I'll read it specifically -- PUDA- 2001 -AR -1494 till the 17th of January. MR. BELLOWS: If I may, Madam Chairman, can we defer the vote until this item comes up? There may be some mitigation that the petitioner may present to help explain the changes during this Page 9 Janua ry 3 2 216J 1 , 00 hearing. I -- I don't think there's substantial changes that -- and in substantial, I mean it doesn't affect the compatibility of the project with adjacent properties. I read through Chahram's staff report, and I did notice some errors in there, but I think they can be straightened out during the public hearing of this item. And this would give the chance for the petitioner to explain the changes and those who showed to -- on this item to comment on it so we -- the petitioner can get their comments and make changes to the PUD document as -- if they feel and agree with the comments raised by the public speakers and the general public. CHAIRMAN RAUTIO: Thank you. From a procedural standpoint, at this moment we only have a motion on the floor. We did not have a second. COMMISSIONER RICHARDSON: I'll second it. CHAIRMAN RAUTIO: You have now seconded. Okay. So -- COMMISSIONER RICHARDSON: Discussion on the motion? CHAIRMAN RAUTIO: Commissioner Strain has moved that we postpone this item from today and move it to the 17th of January. We have a second by Commissioner Richardson. Discussion. COMMISSIONER RICHARDSON: Yeah. Let me just reinforce that. This is not meant to -- anything against the applicant. I'm sure she or he -- she in this case -- has done an adequate job, though we don't have any evidence of it or don't have sufficient evidence of it. And I think we'd just like to make this point this way to highlight our concern collectively -- not only on this item, but all items -- to make sure we kind of sharpen up our -- our weapons here to give us some better material. And if the changes, as you're - may - - may convince us later on, are diminimous (phonetic), but we shouldn't be doing this on the fly at the meeting. Give us a chance to perform our function. So that's what we'd ask for. That's why I Page 10 January 3, 2oo216J 1 support the motion. CHAIRMAN RAUTIO: And I had a lengthy discussion with the county attorney, David Weigel, and he indicated to me that we, as planning commissioners, have a reasonable expectation of having all available and creatable information available to us so that we can make reasonable and informed decisions. And if that does not appear, then we do have the right, in open meetings, to discuss a continuation. And that's what has brought us to this point right now on Item C -- 8 -C on the public hearings. hin lost b COMMISSIONER ABERNATHY. Well, is anyt g y honoring Mr. Bellows' request that we get to the root of this and -- and see whether this remedy is appropriate or not? COMMISSIONER STRAIN: Well -- COMMISSIONER ABERNATHY: I mean, I'm torn between -- I respect the motion maker's feeling that he can't judge the issue on the basis of what he has, but I also respect Mr. Bellows position that perhaps it could be clarified in some way. So I have no hesitation in supporting the motion later on in the meeting, but I'd like to give Mr. Bellows and -- and the applicant a shot at clearing all this up. CHAIRMAN RAUTIO: From a procedural standpoint, we would have to open the public hearing for that and then possibly move for a continuance, just so that we're all clear on that. Commissioner Adelstein. COMMISSIONER ADELSTEIN: I don't know what they could bring out later. When I didn't have the old one in the first place to go over it, I'm not going to have it later on either, so I'm still stuck with the same position I had. CHAIRMAN RAUTIO: I could give you my copy. COMMISSIONER ADELSTEIN: Well, that's just a little bit late. CHAIRMAN RAUTIO: It is. Page 11 January 3, 200216J1 COMMISSIONER STRAIN: I -- myself, I can't see why we would rely on anybody but ourselves to make and review this information and to know that we've done a thorough job. And that includes other documentation that we've been missing for as long as some of the members have been sitting on this board. And I know that we've been working on getting ULDCs and items like that. My motion -- I would still like to continue with my motion. CHAIRMAN RAUTIO: Okay. Any further comment? I call the question. All those in favor of continuance for PUDA- 2001 -AR -1494, the Richland PUD, say aye. (Unanimous response.) CHAIRMAN RAUTIO: Those in favor -- excuse me. Those opposed, same sign. (No response.) CHAIRMAN RAUTIO: Motion carries unanimously. It has been continued to January 17th, 2002. And I strongly urge every petitioner in the office -- in the audience to please contact staff to make sure that you're comfortable with what they are and aren't giving us. That might be an extra way to ensure all the documents. Okay. With reference to the chairman's report, I do believe that if we take the time to look at the -- excuse me -- if staff takes the time to look at the application itself and rework its format so that the appropriate pages may be included and they carry through with the numbering system in our packets, that would help immensely, and then we don't have the confusion over what is or isn't there. And as long as we're at this particular point, when it comes to accuracy of the reports that we're given by staff, I'm going to suggest that maybe somebody has the job of editing these type of things that come forward. There is an example which I'm personally involved with and have stated on more than, I believe, three occasions as a member of Page 12 January 3, 200216)1 this Planning Commission for 26, 28 months, one of the items indicates a reference to the Utilities Code of 88 -76. And I went back and pulled out my information on this, and I just want for the record, for the utilities -- the standards and procedures ordinance, that 88 -76 was repealed as well as 89 -23, 88 -- excuse me -- 89 -32, and then also Resolutions 89 -127 and Resolution 90 -111, which basically was the collection of ordinances and resolutions for standard utility procedures. This was all repealed in 1997. And the ordinance that now governs is 97 -17, and it has had an amendment since that time. But I just want to make sure that staff fully understands that this is a basic item. And when we see these type things come to us and we're familiar with it, it tends to make us wonder what else is not exactly correct in the staff reports. As you all know, we've had some difficulty with staff, and some people are not working there anymore. They were already understaffed before the terminations and resignations that have occurred recently, so we have to give our staff a chance to catch up. And if anyone wanted to go and look at Ray Bellows' office at this point, his desk is totally covered and the entire floor is piled with applications, documents, and all. And he's doing his best to work his way through it, but we don't have enough staff. We dust had another person hired. So we have to be patient, but we also have to have adequate information coming to us. And I want to make sure that from now on a staff report does not include a utilities procedure ordinance that does not reference 97 -17 and its amended forms that have happened later. COMMISSIONER RICHARDSON: And that's just an example. CHAIRMAN RAUTIO: Just an example; one tiny, little example, which makes one wonder what we're looking at. Commissioner Strain. Page 13 January 3, 20016) 1 COMMISSIONER STRAIN: As another item regarding information, I went through our county codes and ordinances to see what the duties and functions and powers of this Planning Commission were supposed to be and what they're supposed to be based on. And I want to read you -all one sentence, and based on that sentence, I'm going to ask that staff provide us with the things that we need. That includes copies of the -- any documents referenced like Growth Management Plans, ULDCs, and everything. Under functions and powers, it says, "The functions, powers, and duties of planning commissioners shall be, in general, 1, to acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions." And in order for us to do that, we have got to have the documentation and the books that we need to do it with. And that means the ULDCs, and that means the Growth Management Plan, and the parts that we need. We have gotten the SIC code, and I appreciate that because that was very effective in looking at these most recent requests. But based on this information, I would hope that we could expedite getting us the rest of the information that we need. MR. BELLOWS: Yeah. And I'll be happy to coordinate that for the Planning Commission. I'm not sure you gave that previous request to Susan or to someone else, but I'd appreciate it if you could also let me know which particular items that you're lacking, such as the Golden Gate Master Plan and some of the other overlay districts that we have that would be helpful in your completion of your duties. I will make sure that we'll get you those copies. COMMISSIONER STRAIN: Thank you. CHAIRMAN RAUTIO: I think we'll have further discussion on that when we get to old business specifically. Commissioner Wolfley. Page 14 January 3, 200216)1 COMMISSIONER WOLFLEY: I just wanted to expand on what Commissioner Strain was saying. In light of the fact we don't have our LDC books as yet, if we could just get a copy -- when things are mentioned in our packages regarding some of those codes, if we could just get a copy of the page so that we could at least be on the same page, that would be -- MR. BELLOWS: And I would be happy to do that. And I'd also encourage each member to give us a call if you see an LDC page that you need or we -- COMMISSIONER WOLFLEY: Sure. MR. BELLOWS: We'll get it to you right away. COMMISSIONER WOLFLEY: Thank you. CHAIRMAN RAUTIO: Okay. Any further comments on these issues I brought up in the commission -- excuse me -- the chairman's report? Okay. Moving right along to Item No. 8, advertised public hearings. It would appear that we have one public hearing, PUD- 2000-22, which is a rezone for Goodlette Corners PUD -- COMMISSIONER STRAIN: Disclosures. CHAIRMAN RAUTIO: -- and that's not being continued. Therefore -- COMMISSIONER RICHARDSON: Disclosures. CHAIRMAN RAUTIO: I got to swear them in first. COMMISSIONER RICHARDSON: I'm sorry. CHAIRMAN RAUTIO: All those wishing to present testimony today on this particular item, please stand, raise your right hand, and be sworn in by the court reporter. (The speakers were sworn.) CHAIRMAN RAUTIO: Thank you. Now, disclosures on this particular item. I'll go first. I had a brief conversation with Attorney Bruce Anderson, who represents one of the property owners, Page 15 Janua ry 3 , 200J 6J 1 yesterday with reference to whether or not there were substantive changes to this item and whether or not we were going to continue it today. COMMISSIONER ABERNATHY: I had a conversation with Mr. Yovanovich and Mr. Arnold yesterday. COMMISSIONER ADELSTEIN: I had a conversation with them two days ago. CHAIRMAN RAUTIO: With reference to? COMMISSIONER ADELSTEIN: This -- this particular plan. CHAIRMAN RAUTIO: Just in general, the types of subjects that you might -- COMMISSIONER ADELSTEIN: We went over the -- the PUD. This is the first time I had done that, and we went over it to understand what their position was. CHAIRMAN RAUTIO: Any particular issues you discussed? COMMISSIONER ABERNATHY: Yes. We discussed the issue of the lake and my concerns about the traffic impact of this development. CHAIRMAN RAUTIO: Thank you. Commissioner Young. COMMISSIONER YOUNG: I had a conversation with Mr. Yovanovich, and he -- particularly regarding the traffic impacts, and he sent me the -- faxed me the further information on the traffic impacts. COMMISSIONER RICHARDSON: I had a telephone call from Mr. Arnold in which we discussed -- I didn't have the packet in front of me yet, but he discussed the fact that this was coming before the commission at this time. And the concerns that had been highlighted -- that he highlighted to me were concerns about the lake. COMMISSIONER WOLFLEY: Nobody called me. COMMISSIONER STRAIN: I had a lengthy meeting with Wayne Arnold, who represents the applicant. We went over my Page 16 January 3, 200216)1 concerns. The staff report had indicated this is -- intensity's up to a C -3 use, and I found uses that were much more intense than C -3: C- 49 C -5 industrial. We went over those individual uses, and Wayne is going to be prepared, I think, to address those today. At the same time I had asked -- I talked to Ray Bellows and Marjorie Student about this particular one. One of the things that Ray was going to research is to see if it was advertised appropriately based on the fact that some of the uses were more intense than possibly a C -3. MR. BELLOWS: Yeah. And I did some research and also looked at the advertising. It appears to be advertised correctly, and there shouldn't be a problem, especially since the petitioner is willing to state on the record and make the changes to keep them C -3 uses. CHAIRMAN RAUTIO: And I could disclose, also, that even though I did not get an opportunity to speak directly to Mr. Arnold or Mr. Yovanovich, I did attempt to return their phone calls, and they attempted to return mine. So we actually never got to discuss anything substantive about this particular public hearing. COMMISSIONER ABERNATHY: Madam Chairman, while we're on this subject of ex parte communications, I happened to be up in Pensacola over the Christmas holidays. My niece just finished a term -- she's an architect -- finished a term on the Escambia County Planning Commission, and they flat out prohibit ex parte communications on the part of planning commission members. To me, for advisory boards, it's a bit -- to me, its a bit of an imposition to have to hash these over when we're going to have a public hearing, the purpose of which is to hash these issues over. I think there's a great deal of merit to such a rule in our case. And I'll not force the issue today, but I think it's worth thinking about. COMMISSIONER STRAIN: I would tend to agree with you. I think that would be a very good idea. wouldn't need CHAIRMAN RAUTIO: And in that case we Page 17 January 3, 200216)1 office space here at the county complex to meet with people. But we will take that under advisement and possibly even -- COMMISSIONER ABERNATHY: Of course, we may be getting -- going out of that business in the foreseeable future if the hearing examiner comes into being. CHAIRMAN RAUTIO: And the foreseeable future is defined as four to six months for a couple of items, as presented yesterday in the Development Services Advisory Committee meeting, which I attended. So it's going to be a long process yet before we get to have a hearing examiner and that hearing examiner's duties are defined specifically. So we may want to follow through on your suggestion. No further disclosures? Mr. Bellows, you have the floor. MR. BELLOWS: Yeah. For the record, Ray Bellows. I'm chief planner with planning services presenting petition PUD- 00 -22. This petitioner is requesting to rezone the subject 8.52 -acre property from C -1 and RSF -4 to a planned unit development to be known as the Goodlette Corners PUD. As you can see on the visualizer, the subject site is located on the southwest corner of Pine Ridge Road and Goodlette -Frank Road. It's this long, rectangular piece. The subject site currently is partially developed. It contains single- family residences and a strip plaza zoned RSF -- property zoned RSF -4 and C -1 on the corner. CHAIRMAN RAUTIO: Comment, Mr. Bellows. Whomever might be listening in the back for technical assistance, none of our visualizers are actually coming on. If someone wants to come out and help us, like Katie. Oh, the court reporter has identified that Katie is not here. We'll punt. COMMISSIONER RICHARDSON: Is there a surrogate Katie? CHAIRMAN RAUTIO: Is there a surrogate Katie? I can't even get color on ours. Page 18 January 3, 200 6J 1 You may continue. MR. BELLOWS: The master plan -- I'll show you a copy of that -- is broken up in three tracts: Tracts A, B, and C. As listed in the PUD document -- or the staff report, the intent is to create a unified commercial office -type PUD. The proposed PUD will have retail office uses and office space uses similar to the C -3 zoning district. We had discussed prior that the PUD document may contain some additional SIC codes that went into other zoning districts higher than C -3, but in discussions with the applicant, we are going to ensure that those are going to be all the C -3 uses. That was the intent of the application. Maximum building heights have been designed to be compatible with the existing development by limiting the commercial structures to a maximum height of three stories, not to exceed 50 feet in height. And that would be on the master plan, Areas B and C are limited to 45 feet in height. So the 50 feet in height would be on Parcel A, which is next to the hotel. There's a hotel off to the west. Lastly, there is an existing lake on the south portion of the project that buffers the residential community to the south that s zoned RSF -4. The petitioners will -- proposes to modify that lake to suit their development. It won't necessarily hurt lake views or buffer requirements that the lake currently serves. The project is consistent with the future land use element of the Growth Management Plan. It allows for office and commercial infill development on small parcels, 12 acres or less, within the urban mixed -use area and along arterial and collector roadways where residential development, as allowed by the density rating system, may not be as compatible or appropriate. And this is a highly traveled commercial arterial road on Pine Ridge Road and Goodlette, and the suitability of continuing residential development there is difficult at best. And the staff is supportive of that concept of Page 19 January 3, 200216)1 meeting the commercial infill criteria. The traffic impact statement indicates that the project will generate 4,908 weekday trips, 448 during the peak hour. This will not lower the level of service below its adopted level -of- service standard. Therefore, staff is recommending approval from a traffic standpoint. This petition was reviewed by appropriate staff for environmental concerns, and there was no adverse comments from environmental staff in relation to this project. I have been contacted by several staff -- or residential owners to the south. They had concerns about some of the uses and the -- and what would happen to the lake and the buffering from this project to theirs. The petitioner has provided an adequate buffer, landscape buffer. The project will be an upgrade from the current conditions of some of the structures in there, and I feel that they've met all the minimum requirements for landscaping and buffering. So this appears to be consistent with that criteria. CHAIRMAN RAUTIO: Mr. Bellows, did you say you had been contacted by residents? MR. BELLOWS: Yes. CHAIRMAN RAUTIO: That's in addition to what might have been in the report and the file that Mr. Badamtchian had -- MR. BELLOWS: That's correct. CHAIRMAN RAUTIO: Okay. And how many were they -- were there? MR. BELLOWS: Approximately three calls. CHAIRMAN RAUTIO: Three calls. MR. BELLOWS: Some just left messages. One was able to get through, and I was able to have a nice conversation with them. But I don't think they have any real concerns based on the type of landscaping proposed. And the petitioner can go into more detail Page 20 January 3, 200 6J 1 with the type of landscaping. CHAIRMAN RAUTIO: One other question I had. Would you refresh my memory by looking at this map where that historical cemetery is along there? Does this property touch it or not? MR. BELLOWS: Yeah. That was another issue that was raised. And I'll zoom in on it. Across -- or the shaded area here is the possible location of an old historic cemetery that was along the lines of the creation of Tamiami Trail and Pine Ridge Road. It's purported to be the burial of some construction workers at that time. As you know, down the road a little bit, there's Rosemary Cemetery, which is a cemetery of some of the early founders of Collier County, and they were reinterred at that location. This particular site is not a marked graveyard per se such as Rosemary Cemetery was. These are unmarked burials, and it's outside this PUD project boundaries. They moved the PUD around it, so it's kind of outside of this project and not within it. CHAIRMAN RAUTIO: Not -- Rosemary's not within it, and you're saying this -- MR. BELLOWS: This -- CHAIRMAN RAUTIO: -- cemetery is not within it also? MR. BELLOWS: This unmarked burial area is not within it. CHAIRMAN RAUTIO: Unmarked burial area. Because I just sort of questioned the historical/archaeological impact statement indicating that it's outside of an area of historical and archaeological probability. But with -- MR. BELLOWS: That's correct. CHAIRMAN RAUTIO: How could it be outside of an area of probability when it's so close to Rosemary Cemetery, and we know there's something there? I don't understand that statement. MR. BELLOWS: I'd like to clarify that. I'm currently the coordinator for the preservation board, so I -- I have a lot of Page 21 January 3, 200216)1 experience with the preservation board. The county has adopted a series of maps, historic and archaeological probability maps. And all petitions when they come in, such as this one, is reviewed for the -- with those maps. So we check the property location and compare it to the maps. Those maps indicate areas of defined historic /archaeological probability. They're shaded areas. And if the project falls within the shaded probability area, the property owner is required to hire a certified archaeologist to do a survey and assessment of the site. This particular site is not within that probability area. There is an unmarked burial, but it has not been deemed to be historically significant at this time and, therefore, is not shown on our maps. So technically that statement is correct; it is not in an area of historic probability. That concern was raised with the applicant at the time of submission, and I believe they've made sure to exclude that from this application. CHAIRMAN RAUTIO: Thank you. COMMISSIONER ABERNATHY: Who does the deeming? MR. BELLOWS: We've hired a consultant. They prepared our maps. COMMISSIONER ABERNATHY: I see. So they're looking for graves that go back further in time? Is that what they're -- MR. BELLOWS: They look at Indian burial mounds, archaeological -- other archaeological sites, burials. There's -- I don't believe there's adequate evidence of existing graves at this location, just purported. And that needs to be researched further. COMMISSIONER ABERNATHY: Just folklore. MR. BELLOWS: And through the preservation board, I'm sure that will be done. COMMISSIONER ABERNATHY: I have a couple of questions. At one point in the PUD, there's talk about architectural Page 22 January 3, 200216)1 embellishment can be as high as 60 feet above whatever this mark is. So it would seem to me that buildings can present a mass of 60 feet, whether they're 45 feet tall or 50 feet tall, can't they? MR. BELLOWS: I don't believe an architectural embellishment -- it would take the full massing of the building. I don't think that's the intent of it. But we can work with the applicant to clarify that language, and I agree that maybe that needs to be clarified a little better and defined what they mean by architectural embellishment, a spire, belfry. But I don't think it would be a massing of a wall to -- COMMISSIONER ABERNATHY: The other -- the other area of -- of grave concern to me is the traffic along Pine Ridge Road. I travel that occasionally, and there are times of day where you don't travel it; you just sort of sit there, particularly when the school is letting out. The number of traffic -- the number of trips that this project will generate, of course, is exaggerated by the fact that it replaces trips that are already in existence. MR. BELLOWS: That's correct. COMMISSIONER ABERNATHY: This Level of Service C that is assigned to Pine Ridge Road sounds to me like the same kind of inflation we have in grading in schools these days. If that's a C, that's a very liberal grade for it, but I'm sure there's some technical measures that it lives up to. But when you talk about a project not adding 5 percent to the total that is now there, I understand that if it does, all -- that doesn't say you can't do it; you just have to do some ameliorative things; is that right? MR. BELLOWS: Yeah. Basically we have policies in the Growth Management Plan, the traffic -- transportation element Policies 5.1 and 5.2, which basically state that the project cannot generate traffic that significantly impacts a roadway operating below its adopted level of service or projected to operate below its adopted level of service. This particular statement basically says there's a Page 23 January 3 2002 6J 1 significance test of what is a significant impact on the roadway. And the transportation element contains some language that 5 percent of the roadway's designed Level of Service C volume. So there's traffic volumes or levels from A to F, and there's defined volumes for each of those. So you take the Level of Service C, take 5 percent of that, and if that trip -- project trips exceed that amount, then that's deemed a significant impact. I'd like to point out that language has since been modified, and it's not quite the 5 percent of the Level of Service C anymore, but it's a similar concept of defining what a level -- significant impact is. COMMISSIONER ABERNATHY: Well, the problem with all of this, to me, is that if you take this project in isolation and say does it add 5 percent to the road -- and does -- does the figure that you're adding this number of trips to, does that include Barron Collier's shopping center across the street? MR. BELLOWS: Yeah. I can speak to that issue too. When I first started here, I worked with the transportation department. COMMISSIONER ABERNATHY: It sounds like you could have four or five 5 percent projects. MR. BELLOWS: Yeah. And what I used to do, when I did that review of the county a few years ago, was that we take the background traffic of all the existing projects, and we use that as a defined growth rate along the roadway. And we work with the Metropolitan Planning Organization, the MPO, the long -range planning organization. They provide us with traffic growth for each roadway segment based on historical trends they can see from traffic counts taken from a 10 -year period, the past 10 -year period, and they can define the projected continued growth of traffic volumes along that roadway. So we add that to the project traffic also to anticipate future build out conditions. So if this project was going to be built out in three years, we increase the traffic volume on Pine Ridge Road Page 24 January 3, 200216)1 from the current count by that average growth rate. COMMISSIONER ABERNATHY: So the Barron Collier project is in this number somewhere? MR. BELLOWS: Supposedly, yes. In the traffic impact statement submitted by the -- I haven't -- this is Chahram's project, and I haven't read through the traffic impact statement to be sure of that. But our transportation staff has, and they have not objected. COMMISSIONER ABERNATHY: Have you ever seen hat the traffic impact statement submitted by an applicant who said burden would be excessive? MR. BELLOWS: We have disputed claims from traffic impact statements submitted by petitioners and work with -- do COMMISSIONER ABERNATHY: You do your own -- you your own analysis. MR. BELLOWS: We review their work. And where there's insufficient information or incorrect information, we make them revise it. And Dawn Wolfe, the new transportation director, is one of the best at making them revise the traffic impact statement, that I've seen. She's very good at that. COMMISSIONER ABERNATHY: My last question refers to the rezone findings, in particular No. 15. These are a series of questions that all start with "whether." I'm assuming its whether or not. "Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. And then we have this boilerplate answer that says, This is not the determining factor when evaluating the appropriateness of a rezoning decision." e of setting up a straw man and Why do we play this little gam then knocking it over? What do we gain by that? MR. BELLOWS: Well, this is -- COMMISSIONER ABERNATHY: Is this written in stone Page 25 January 3, 200 6J1 somewhere that you have to ask this question and answer it in this way? MR. BELLOWS: That's correct. The Land Development Code has this criteria in there. And over the years, since I've been with Collier County, that particular question has evolved into this boilerplate language. And staff has numerous debates and discussions whether we should amend the Land Development Code to remove language that really is not pertinent to the review that's -- can't be defined. There's no criteria that we can judge to make this a workable review item, and that's -- hence, that's the way this language came. And this language has pretty much been in the staff reports for the last five or six years. COMMISSIONER ABERNATHY: I know it has. And my point to you, Ray, is that if one is at all pressed for time and you start reading these questions and you see these boilerplate answers, you tend to skim over it and, in that process, may miss something that's -- that's of some importance. MR. BELLOWS: I agree. And -- and we have had discussions recently. We've -- if you've noticed, we've changed the format of the answers somewhat, eliminated the pro /con type format in these answers because it really is not a -- it was a response to previous commissioners wanting a little more staff indication of the positives and negatives. However, I think it was kind of a -- redundant, and it also got boiler plated. So we tried to summarize it, just to provide a summary. In some cases the summaries are freshly written because there is criteria that we can use to make that summary. This particular item is something that there's no way to provide adequate summary. So -- but -- and that's where we decided that maybe we'll amend the Land Development Code to eliminate these questions that we can't really answer. COMMISSIONER ABERNATHY: I realize you're busy Page 26 January 3, 200216)1 putting out fires now, but this certainly is a project that should be undertaken sometime when you have a little spare time, in the summer or whatever. MR. BELLOWS: I agree. CHAIRMAN RAUTIO: Well, that was one of my concerns about the statement with the historical and archaeological impact, that it would seem reasonable to me, having been a staff person before in other places, that knowing that there were some unmarked graves here and knowing it was very close to Rosemary Cemetery, that I would have at least acknowledged that and indicated that it wasn't an impact, and it wasn't on the maps. But for some reason, we ve gotten into the pattern of such standard boilerplate answers that we, as commissioners, have to ferret out all sorts of information. And we should be able to read in the executive summary and find more detail or find more ideas that, oh, that's really not a problem, because we have to think through it. And I had a long conversation with John Dunnuck on Monday the 31 st about this particular aspect: What can we do to help staff find better ways to present the information? And lets put it in more English language rather than just planning jargon and that, you know, you try to give us a little bit better idea. And one of the examples, of course, was the Silver Lakes PUD long, involved adventure, because certain statements were missing, and we had to go elsewhere in ex parte communication to find out what the real problem was. And so that's another thing that may be coming down from above as Mr. Dunnuck changes to Mr. Schmitt, that they'll look at the staff reports and give us some more details that really relate to the project were talking about. MR. BELLOWS: Yes. You make a good point concerning the -- the cemetery. I think maybe Chahram, when he did the staff report, was prepared that it was outside the project area, so maybe Page 27 January 3 2002 6J 1 that's why it didn't get into greater detail. If it was within the PUD boundaries, definitely that had to be addressed. CHAIRMAN RAUTIO: And, see, you can almost anticipate that that was going to be a question from us. And sometimes that helps move these along a lot faster and then some of the public reading these and some of the professionals involved also, then, can anticipate what it is that we're concerned about up here, and it's on the record, and you move past it. Commissioner Wolfley. COMMISSIONER WOLFLEY: I had a question in the Growth Management Plan consistency regarding the lake. Throughout here there seems to be -- well, on that part it says that the lake is going to be partially filled. Another portion says that it -- well, on the -- the -- I guess it's up there. It shows the lake to be filled or partially filled on the -- on the blueprint there and on our last page. And then under No. 16 of the rezone findings, it says that it's -- that the applicant is proposing to fill the existing lake on the property. And I just -- it seems to not be very consistent on what is going to happen with the lake. MR. BELLOWS: It's not completely filled, and the petitioner is here to -- and he has a map, and I believe he can show you the amount of fill that's going to occur. It's basically a reshaping of the lake. COMMISSIONER WOLFLEY: Okay. Well, it just seemed as though it was left open to do whatever they wanted to do with it. CHAIRMAN RAUTIO: Commissioner Adelstein. COMMISSIONER ADELSTEIN: Ray, are you saying that you don't do the traffic impact study; you just review it? MR. BELLOWS: Yeah. The petitioner hires a certified engineer or transportation planner to prepare a traffic impact statement. That's submitted with the application. And that packet is prepared and is submitted to the various review agencies from fire Page 28 January 3, 200216)1 department, transportation, environmental, down the line, utilities, stormwater management. They get the packet of information, either environmental impact statement, traffic impact statement. And those review agents review that criteria, and they respond back to the planner with any proposed changes to the PUD document. COMMISSIONER ADELSTEIN: How do you come to a number when there's potentially 32 different varieties of tenants that could go in there? If you took one, for example, of an insurance agency and instead of -- in that space you put a fast -food, sit -down restaurant. One would have probably 30 or 40 per day, and one would have 300 or 400 a day. And how do we determine which is going to be the tenant when they don't know who the tenant is going to be? MR. BELLOWS: Yeah. Basically the traffic impact statements reflect the highest and most -- the highest traffic impact uses, such as fast -food restaurants. The uses that are generally found in the C -3 district, let's say, are general retail. The Land Development Code -- or excuse me. There is a transportation trip generation manual that staff uses and that the consultants use. It's the Institute of Transportation Engineer's Manual, and they provide the trip generations for retail uses. They don't break them down, say, the difference between a book store and a -- and a hardware store, let's say. The retail uses are listed in there. And they, in some cases, do break it down for freestanding uses such as a hardware store, but they also have shopping center based on square footage. So the amount of traffic is based on the size of the retail facility, if it's a shopping center versus office. So all of that is in a manual that transportation engineers use when they calculate trip generations. COMMISSIONER ADELSTEIN: Are you indicating, though, that they take the highest traffic uses -- Page 29 January 3, 2001 6J 1 MR. BELLOWS: Yeah. COMMISSIONER ADELSTEIN: -- of each -- MR. BELLOWS: That's right. So if they have a fast -food restaurant, then they have to show that as a -- part of their trip generation. If it's part of a shopping center, then it's integrated in the traffic impact -- trip generation for a shopping center. COMMISSIONER ADELSTEIN: Okay. Thank you. CHAIRMAN RAUTIO: Speak into the mike. Okay. Commissioner Young. COMMISSIONER YOUNG: Thank you. Aren't we upgrading our standards of road usage? I mean, isn't that in the works? MR. BELLOWS: Russ Muller with the transportation department shakes his head yes, so I guess -- he's involved with Dawn Wolfe in making those improvements. I believe they're -- as I recall in discussing this with Dawn Wolfe, that they are making amendments to the transportation element and the Land Development Code to make it so that it's more responsive to the current needs. And they will be modifying the level -of- service standards in that language. COMMISSIONER YOUNG: See, I'm very con -- I'm very much concerned that we're dealing with a total lack of responsibility from previous administrations so that our roads are seriously below standard. Even though they have widened Pine Ridge Road, as one of my colleagues said, with the accumulated use along the way and the fact that we are now talking about development impact according to today's standards, if we raised those standards to what I would consider an acceptable level for the future ... MR. BELLOWS: Yeah. And that's a valid question. The -- I think it goes hand in hand with what's there now, the existing development on this site, and what it generates and the existing access points not meeting -- that may or may not meet the proper Page 30 January 3, 200216)1 turning radiuses that we require on a new development. So this gives the transportation department and our transportation engineers a chance, when they file for their site development plans, to put in the proper turn lanes and access. So that would also improve traffic flow along Pine Ridge Road, having proper decel lanes and turning lanes. So that's one factor that goes -- involved in this. The other factor is we have a currently developed property that generates a certain level of traffic, and the difference between this proposed amendment versus that and the benefits derived from improved access is something that staff takes into account in making its recommendation. And plus, as was discussed at several other petitions at previous Planning Commission, staff is constrained from going beyond what's currently in the Land Development Code and in the Growth Management Plan in relation to level -of- service standards. So we're kind of constrained. I know the transportation department is working at a fast pace to get those amendments in. COMMISSIONER YOUNG: Well, Marjorie, if staff is constrained from considering future beneficial standards for adequate road uses, is -- are we also constrained from thinking about that? MS. STUDENT: I don't think that that's what Mr. Bellows said. I believe he said that what's coming before the commission will be some changes in the Comprehensive Plan and the Adequate Public Facilities Ordinance about how concurrency is looked at. So until those are in place, we can't really apply that to developments until -- we have to apply what the law is at this moment. COMMISSIONER YOUNG: So we are constrained. MS. STUDENT: Until it's -- until a new ordinance is passed. COMMISSIONER RICHARDSON: So the answer's yes. Madam Chair. CHAIRMAN RAUTIO: Commissioner Richardson. COMMISSIONER RICHARDSON: Just on this narrow point, I Page 31 Janua ry 3 2001 6J 1 notice in the traffic circulation element that they talk about development phasing, and I thought that was perhaps the traffic department's input to perhaps feather this in a little better so it wouldn't have as much impact on our traffic patterns. MR. BELLOWS: That's correct. COMMISSIONER RICHARDSON: However, I do not see that reflected in the development commitments. Perhaps I missed it. MR. BELLOWS: Okay. I believe Item -- COMMISSIONER RICHARDSON: It talks about access points on Item D on page 16, but I don't get the sense that that's a phasing which I put into context of a time line. MR. BELLOWS: I agree. We'll have the petitioner add that. CHAIRMAN RAUTIO: So your question, Mr. Richardson, is, on the traffic issue, the phasing? COMMISSIONER RICHARDSON: Right. CHAIRMAN RAUTIO: Okay. I'm just making a list here to make sure that -- I know they're thinking too, but I don't want to miss these questions. COMMISSIONER RICHARDSON: Because I'm sure, as responsible developers, they're also concerned about putting their new tenants in a situation where they're going onto a roadway that it doesn't function properly, so I think it would be in their best interest as well as ours for the project to be phased in a manner that would have the least amount of impact. I hope I'm understanding the developers' interests. CHAIRMAN RAUTIO: And we'll let them talk to that issue specifically. Did you have something else you wanted to say about that particularly? MR. BELLOWS: No. CHAIRMAN RAUTIO: I just want to point out to each of the commissioners, in your packet, in the PUD itself on page 16, traffic, Page 32 January 3, 200216)1 4.8F, as in Frank, that we do have the new language of the LDC and the access points with reference to the access control policy. Apparently that's an acceptable standard language now to this particular petitioner, even though it hasn't been finally approved by the Board of County Commissioners. It was explained to me by staff that when those type of situations are going through the process, that if a petitioner agrees to have that type of language included in their PUD in advance, that's acceptable, which does show that we're trying to work out the access point issues that Dawn Wolfe presented to us in the Land Development Code cycle that we just went through and that there is some flexibility and there is cooperation, apparently, with -- I thought, with the look on the face and we'll deal with this -- of the petitioner in their PUD document. COMMISSIONER ABERNATHY: It does raise the question, though, and one of my concerns is, the number of curb cuts there are, the number of accesses. And we may just be puffing smoke here today because Dawn Wolfe has reserved all of that to herself. What can we do about it? I'm not even sure it's proper for us to be talking about it because it's -- it's her call. COMMISSIONER RICHARDSON: Well, Mr. Abernathy, there is a statement on page 5, though, that says all committed road improvements shall be in place prior to the issuance of COs for each tract. And that's talking about the designed five driveways and connection to Pine Ridge and Goodlette -Frank Road. So it seems like that's the hook. COMMISSIONER ABERNATHY: That's right. But that's for Dawn Wolfe at the time of SDP. We don't see SDPs. We can't -- well, I think we could ask a developer to limit himself to, say, two right -out onlys on Pine Ridge Road, but what if Dawn thinks he really should have three? Where do you go from there? Anyway, Page 33 January 3, 201 6J 1 that's a rhetorical question. CHAIRMAN RAUTIO: I think I'll add 4.8, traffic, F and the LDC comments to something that our petitioner would like to address and satisfy us as we move forward. Do you have any further comments for us? Any further questions of staff, Mr. Bellows, at the moment? Okay. We'll continue on and let the petitioner present. Mr. Yovanovich, it's your turn. MR. YOVANOVICH: Thank you. For the record, Rich Yovanovich on behalf of the petitioner. I have with me Bob Soudan, who's contracted to purchase a portion of this property and will be doing the self - storage that's referred to in the PUD; Wayne Arnold, the planner on the project; Dean Smith, who's the traffic -- who's a traffic engineer and can answer some questions on behalf of Mr. Hoover, who is ill. But Dean Smith can answer some of the questions you may have regarding traffic. Bruce Anderson's here. He represents Mr. And Mrs. Shepard or the Shepard parcels. He doesn't plan on speaking, but if you have any questions of him, feel free to ask him any questions. I feel kind of badly for Ray because he was asked a lot of questions as not -- and he's not the original planner on the project and doesn't have the background. That's why I tried to jump up and -- and tried to help him. I did that one time -- MR. BELLOWS: Please do. MR. YOVANOVICH: I will. I did that one time for a colleague in law school, and the professor turned on me, and I swore I'd never do that again. But I felt like I needed to help Ray. COMMISSIONER ABERNATHY: I thought he did all right. MR. YOVANOVICH: He did. He did considering he didn't have the knowledge that -- that Chahram had. Generally the overall overview of the project, Ray did a very good job. I do want to Page 34 January 3, 200216)1 mention that we did meet with the property owners to the south, the residential homes. And I know there's some inconsistencies in the staff report. And what you need to know is we don't get to see the staff report before it's published. We have no input into the staff report, so we don't catch what's being -- what's been reported to you in the staff report. There are some inconsistencies on what's going to happen to that lake. We have told the residents to the south that -- CHAIRMAN RAUTIO: Yes, there are. MR. YOVANOVICH: We have -- we have told the residents to the south that they should anticipate worst -case scenario, and the worst -case scenario would be the entire lake would be filled. COMMISSIONER RICHARDSON: Yeah. That's pretty bad. MR. YOVANOVICH: Well, that's the worst -case scenario, and we're going to take you through -- let me -- I want you to know that we're -- we didn't say that anticipated portion of it. But what the Planning Commission needs to understand, that that is not a lake. That's a borrow pit that is wholly within (sic) our clients' property and owned by our clients. They control that borrow pit. It -- it belongs to them, and it doesn't belong to the people to the south. With that being said, they have the legal right to that lake, and they have the right to do with that lake whatever they want to do with that lake. If it were to be developed as residential, they would have the right to fill in that lake. As you can see from the aerial that's up there, that is an extremely narrow piece of property. Over time -- and you will hear from one of our -- one of the original property owners who's part of this petition, that was a two -lane road, and she's moved and left the area because it's now a six -lane road. Now, she kept the home as an investment, but nobody -- if you've driven past there, nobody would really want their house that close to the road. I don't think anybody would really want to build a house under -- on that road at this time. Page 35 January 3, 2002 6J 1 Your Comprehensive Plan recognizes that that property, as well as the property across the street, should be redeveloped from what it -- currently is there. And I don't think anybody can say what's currently there is what the people of Collier County want on that roadway. So what we've done -- and which is no easy task. We're talking about 11 different property owners who own all that property. We got them all to agree to a unified planned development to -- which meant they sacrificed. They gave up some -- some access they have to their property right now. There is going to be reduced access points. The rules of the game seem to change. We -- at one point we're told to show our access points on the master plan. Now we're told not to show our points on the master plan and that we want to leave that to a later decision with the site development plan. There will be a reduction in access points currently on Pine Ridge Road. It will be improved. There'll be deceleration lanes that will occur, which will get the traffic and reduce some of the friction. We're -- we're happy to address all of these concerns today, later, whenever is the appropriate time to address the traffic concerns. That's why we have Mr. Smith here. But what I wanted to point out, this is changed circumstances. This isn't the way it used to be. So also, on the commercial landfill, the language in the Comprehensive Plan -- I had some -- I represented a client who got that language into the Comprehensive Plan. It was some modifications. There's no -- there's nothing in that Comprehensive Plan that says it has to be C -3 uses. What it says is you look on a case by case and you look at compatibility as to the proposed uses. It's supposed to be -- and I'll read the language that's in -- on page 21 of the Future Land Use Element. But it discusses lower intensity office commercial development attracts low volumes -- CHAIRMAN RAUTIO: Slow down. The court reporter does have to -- Page 36 January 3, 2ool 6J 1 MR. YOVANOVICH: Okay. Lower intensity office commercial development attracts low traffic volumes on the abutting roadways and is generally compatible with nearby residential and compatible development. The criteria listed below must be met for any project utilizing this subdistrict. The purpose of the district is to allow areas that have commercial -- in this case, on two sides; you have the Shepard parcel on the corner of Goodlette -Frank Road, which is basically industrial -type uses as not conforming uses; and you have a C -4 hotel on the other side -- is to look at what would be compatible taking into consideration those two types of commercial uses. C -3 has been generally bandied about as the lower intensity, but you look at the different uses to make sure that they fit within that lower intensity. So if there are some uses that you feel are more intense, even though they are in a different zoning category, they may be acceptable under the circumstances for this particular petition. And that's what we're here -- you know, anything that wants to come up and you want to talk about specific uses, we're happy to discuss regarding -- based on the intensity. But I don't think were limited to C -3 uses anywhere in the Comprehensive Plan. could I COMMISSIONER STRAIN: While you're there, Rich, just -- MR. YOVANOVICH: Sure. � And I know wh COMMISSIONER STRAIN: -- interrupt staff you're saying this, but let me read you the first sentence of th e report, and that's why I read -- that's why I focused on it. The proposed PUD will contain three different tracts with a list of permitted uses allowing office and retail uses similar to the C -3 zoning district." Now, based on that as being put forth as what we were basing our review on, part of it, I then took that application and applied it to your PUD and found out that your intenses do go all the Page 37 January 3, 200216)1 way to industrial and some business park applications. And I can -- when we get into this item by item, I can tell you which ones are industrial, which ones are CA and which ones are C -5. That's why we got to the C -3 issue versus what's being used there. MR. YOVANOVICH: And I appreciate that, and that's why I was just trying to clarify a little bit of the legislative history of the Comprehensive Plan, to hopefully -- because there was questions regarding consistency with the Comprehensive Plan, and I wanted to point out that what we're proposing is consistent with the commercial infill provisions of the Comprehensive Plan. That doesn't mean we still don't go through the analysis of the intensity. COMMISSIONER STRAIN: My concern is that what you say is what you do. And if C -3 is what was said, then C -3 is what it shall be, and that's where I'm coming from. And if C -3 was put in by staff and not by you, then we'll discuss that as we -- MR. YOVANOVICH: And that's what I'm -- . COMMISSIONER STRAIN: -- go through your presentation. MR. YOVANOVICH: That's what I'm trying to address is the issue of we don't write the staff report. We -- we submit a proposed PUD. It gets massaged by staff. And a good point is I looked so puzzled when you referred to a Traffic Condition F in the PUD. Well, I'm looking at my PUD, and there is no F. There's -- you know, we give a disk to staff now, and staff changes things, and they submit to you what they propose to be the PUD. Well -- CHAIRMAN RAUTIO: Rich, isn't there some procedure by which you get to see the last draft of a PUD? MR. YOVANOVICH: Well, you know, we -- CHAIRMAN RAUTIO: This is ridiculous. MR. YOVANOVICH: We're supposed to. CHAIRMAN RAUTIO: I'm seeing heads shaking no. MR. YOVANOVICH: We're supposed to. And I understand Page 38 January 3, 200216)1 the -- this is not your normal, normal procedures. There have been some changes that occurred and some -- some coordination. So were -- some coordination issues. So we're working with them. We've looked at it. While you were talking, we've looked at it. Itts fine. It's -- we understand that's what Ms. Wolfe and the transportation department wants. They want us to work with them on access points. And we've looked at the language, and we're okay with the language. I just hadn't seen it when -- when you had brought up Condition No. - - or Letter F in the PUD. So what I'm trying to point out is that we -- staff may say it, but it doesn't necessarily reflect our intentions. And I'm trying to clarify those issues for Mr. Strain as to where the staff report doesn't reflect what we submitted. CHAIRMAN RAUTIO: Well, then I'm going to clarify the fact that I was so impressed that you were cooperating, as the petitioner, to use new language coming through. And I just learned something new in this whole process about who does and doesn't to read these, which harkens back to my particular idea of -- I ' ve -- over the 2 1/2 years I've been here, I've found so many mistakes that there seems to be need for an editor, which right now we know there's not time hardly to even reread them. But that just completely surprises me that I would think you are cooperating because its in the document that goes forward, and it's put in by staff and you don't even know it's there until you're standing in front of us. MR. BELLOWS: Madam Chairman, if I may, the petitioner has approved the language with staff previously. They were in agreement with this language. It wasn't a surprise to them. It was maybe a surprise that they didn't get a copy of the PUD. document in adequate time, but staff does send copies of the revised PUD document to the applicant prior to the Planning Commission meeting. Due to the change in staff, there may have been a case where they Page 39 January 3, 200216J1 may not have gotten this copy. But the procedure is set in place that they do got get a copy of the staff report and the revised PUD document prior to these meetings so they can provide comment. That's the process. CHAIRMAN RAUTIO: Thank you. Mr. Richardson. COMMISSIONER RICHARDSON: I would support staff, though, a little further in the sense that what we get in the way of a staff report is the basis for their recommendation. So they're going to make whatever they need to make in order to give their view, and that may not completely agree with where you're coming from, but that should be ironed out or highlighted for us as something we can work on at this meeting. MR. YOVANOVICH: And that's what I'm trying to point out, is there's some things in the staff report -- and we did not get the PUD. There's a glitch. It's okay. I mean, we'll work through this. We understand the circumstances. The language, the concept was always discussed with us, and we were comfortable with the concept on access. We did not see the specific language. We've seen it now. And, yes, we have been cooperating. We just -- there's some glitches, and it's nobody's real fault in this particular case, and we'll work through the process. I -- it's very important to me and my client and, I know, Wayne and the other consultants that what we tell you is what we're going to get. We don't tell you anything in the staff report; we tell you something in the PUD document. So I'm pointing out -- I don't want to say I said it was going to be C -3 uses. We didn't say that. We gave you the list of permitted uses, and those are the types of uses we've discussed with the neighbors. We've discussed the lake issue with the neighbors. We've discussed buffering and berming and walling and landscaping as to, you know, what would the -- would the neighbors want in light of the Page 40 January 3, 200216)1 fact that they don't own the lake and that we own the lake and that we can -- we have the legal right to fill in that lake. We've had an environmental audit done of that lake because there were some concerns that this is really a natural lake. It's not a natural lake; it's a borrow pit. There is nothing environmentally sensitive about that lake. I know there's differences of opinion from the neighbors, but I can't -- they're not experts. You know, we've had an expert, Boylan Engineering, look at it -- not Boylan -- Boylan Environmental. I'm sorry. We've had that looked at. We've also had the water in that lake tested. There -- that lake is not good quality water, and we've -- and, you know, it's very poor quality. Now, we do know we're impacting some of the neighbors and some of the people who front on that lake, but overall what does this PUD do? It redevelops an area of Collier County that is not the most attractive area. What we're proposing to do -- and I'll enter this into the record and ask that it be passed down. Mr. Soudan is doing another project in Naples. He's doing it in the City of Naples, and you may have seen it in Saturday's paper. We're doing an indoor -- and that's on this portion. COMMISSIONER ABERNATHY: Tract A, is he not? MR. YOVANOVICH: This is Tract A, okay, nearest the hotel. This is the portion that's going to be the indoor self - storage, okay, storage suites. It is completely carpeted in the units, in the hallways. You pull your vehicle into an area; the door closes behind you for security reasons. It's manned at a desk so that people can come in -- it's a low, low intensity use. And it was approved by the city council and the City of Naples. And what I -- what I want to show you is we've committed that it will look like an office building. It's not your typical self - storage and it is on this portion right here. So for the record, this is the architecture of what's going to be in the Gateway Shopping Center, which is by the mall, okay, by the Page 41 January 3, 200216)1 high school. I would submit to you that that's a pretty -- pretty busy street, and the use of self - storage there in that particular case really greatly reduced traffic impacts in that area. So what we're proposing -- and I think that's a -- you know, a very nice looking building. He's done that in many other areas of the country that -- you know, Naples is, you know, a nice area, expects more from its developers than other areas and he's developed -- he's delivered on that. And your -- your staff has looked at the architecture, and we're working with your staff on making whatever changes they want to the actual architecture of the building. There'll be uniformity as far as the architecture on the site. There's not uniformity there now. Unfortunately, with the current circumstances on the property, if there's not a change, if we are not given a PUD to -- to make some changes, I don't know that there's another opportunity to get everybody together to do a uniform PUD and redevelop that area. I think what you have is what you're going to get if -- if we cannot work towards a redevelopment plan for that parcel. You'll hear from some of the property owners that it doesn't make any sense to rehab those existing structures or build new ones because they cannot get tenants who can afford to pay for that. It's not a high -end area for a residential development. It is commercial. I can also tell you that -- I do a fair amount of some eminent domain work here in Collier County, and I can tell you across the street, the county is appraising that property for purposes of eminent domain for the highest and best use being commercial. The county recognizes the changing conditions along that roadway, that it's not a residential area anymore. And that's what we're bringing to you, is a -- a redevelopment plan for that property. It's got commercial on both sides. We've -- we're consistent with the Comprehensive Plan. We're -- as far as the infill, we're consistent with the Comprehensive Plan. Page 42 January 3, 200216)1 As far as redeveloping the property, the Comprehensive Plan talks about redeveloping the property. We meet all the existing traffic standards. We have to apply today's rules, not tomorrows rules, because for one, we don't know what tomorrows rules may be. I mean, they go through a legislative process of being adopted. We've -- we've made some commitments to the residents to the south that we would put in -- Wayne will take you through it. There will be a wall with nice landscaping. It will -- the wall will be offset 5 feet on our side so that they, in effect -- even though they don't have legal title to that 5 feet, they, in effect, get a little bit bigger yard. They can -- we'll provide some landscaping on their side. They maintain it. We've talked to them about that. We have tried to be sensitive to the five homes we affect that front on that lake. Now, overall we think our plan's a better plan than what's there today, and it's been sensitive and -- with the property owners to our south, taking into consideration our clients' property rights and the right to develop their property. We think we're compatible. Wayne will take you through that. If there are specific uses, Mr. Strain, that you would like us to talk about maybe taking out or have some questions on, you know, Wayne will answer any of those questions. We haven't really heard any objections to -- we've not heard any objections to the storage. There's been some concerns about what other things may be there. That's what the list of the PUD does; it tells you what other things may be there. I can't tell you that I know that's what's going to be on B and C. I don't have a purchaser for that yet. I can tell you that it'll be whatever the uses are in the PUD, and that's the purpose of the PUD. I can tell you that Area A is under contract for this self - storage, and I've shown you the quality, through the architecture, of that self - storage. And with that brief -- rather lengthy, brief introduction, I'd like to turn it over to Wayne and reserve any -- Page 43 January 3, 200216)1 COMMISSIONER STRAIN: Question of you before you do. CHAIRMAN RAUTIO: Question from Mr. Strain and then Mr. Abernathy before you walk away. COMMISSIONER STRAIN: The -- who do you represent again? MR. YOVANOVICH: Who do I represent? COMMISSIONER STRAIN: Yes. Who are you representing here today? MR. YOVANOVICH: I am the attorney for the PUD, which means I represent -- I'm the authorized representative of all of the property owners for the purposes of the PUD. COMMISSIONER STRAIN: Okay. So you do represent the Pine Ridge Development (sic) Group. MR. YOVANOVICH: Yes, which is listed in the application as to who those individuals -- COMMISSIONER STRAIN: That's what I was checking, because I thought you had said you represent the gentleman with the storage facility, and I wanted to make sure you represent all the property owners there so that you're speaking for all of them. And then I heard Mr. Anderson is here, and is he on the same team, then, that you're on? MR. YOVANOVICH: Yes. COMMISSIONER STRAIN: Okay. So you've got two people representing the group. MR. YOVANOVICH: Well, he's -- no. He's representing some individual members within the group. COMMISSIONER STRAIN: Okay. Thank you for the clarification. CHAIRMAN RAUTIO: Mr. Abernathy. COMMISSIONER ABERNATHY: Mr. Soudan is the contract purchaser of all of Tract A? Page 44 January 3, 200216)1 MR. YOVANOVICH: All of Tract A. COMMISSIONER ABERNATHY: How many property owners are there of that? Five, more or less? MR. YOVANOVICH: Yeah. I think it's five, and a portion of B as well. COMMISSIONER ABERNATHY: Is his storage facility dependent upon the acceptance of this PUD? Can he go ahead and do -- do his irrespective? MR. YOVANOVICH: No. We have to rezone the property. COMMISSIONER ABERNATHY: So you could rezone it as something other than PUD. MR. YOVANOVICH: I could -- I guess I could come in and rezone it as C -5, but you'd get -- COMMISSIONER ABERNATHY: Whatever's appropriate for a storage facility. MR. YOVANOVICH: Right. But the -- I could, but the beauty of the PUD is you -- you get to dictate standards. If I went straight to C -5, you would be stuck with the standards within the Land Development Code versus being able to craft a PUD document that can impose higher standards. Like, what we're going to show you on the landscaping far exceeds code minimum. COMMISSIONER ABERNATHY: Okay. Now, he has set the standard for architecture, so to speak, with this elevation that you've shown us. Are the other six property owners more or less acquiescing to or agreeing to those architectural sorts of standards? MR. YOVANOVICH: I haven't heard any objections from the property owners as to the architectural -- COMMISSIONER ABERNATHY: Of course, they're not going to develop it; they're going to sell it to somebody to develop. MR. YOVANOVICH: And the purchaser will be stuck with those standards as well as the landscaping standards and -- that we're Page 45 January 3 200216)1 setting. CHAIRMAN RAUTIO: But wouldn't he be thrilled to have those standards as an enhancement, not stuck? MR. YOVANOVICH: Well, I think that that building's a very attractive building, and then anybody who purchases knows that they're going to have to meet a high standard. CHAIRMAN RAUTIO: Okay. COMMISSIONER ABERNATHY: Well, I was just quarreling a little bit with your statement that this is the only way to develop this. It seems to me that the storage facility, Mr. Soudan, could go ahead and follow a different path and leave the others to their own devices. But I guess I've made that point. COMMISSIONER RICHARDSON: Madam Chair, just perhaps -- does this fall under the new public participation ordinance? Where in the time frame did this -- MR. BELLOWS: No. This petition was submitted far prior to the public information meeting request, but the petitioner has held meetings to try to conform with that as much as possible. COMMISSIONER RICHARDSON: And I certainly applaud that. It's just that some words like commitments have been made to the property owners. And in our public participation process, those commitments then get brought forward as part of the permanent record and -- MR. BELLOWS: That's correct. COMMISSIONER RICHARDSON: And so as much -- if we can replicate that as much as we can, it -- MR. YOVANOVICH: We will. CHAIRMAN RAUTIO: And you're not going to address the traffic phasing aspect of it; that's going to come from someone else? MR. YOVANOVICH: I guess we can, but at this point, you know, there's nothing from staff that indicates there's any need for Page 46 January 3, 200216)1 traffic phasing based upon the traffic we have. There's not been a request or a requirement. I mean, we are -- obviously we've got to put in our turn lanes and all the necessary improvements to make sure that each site is safe, and we're going to develop a safe project. I mean, nobody's going to go out there and develop something that is unsafe as far as people that are coming to their businesses. So we're -- I mean, we're going to do that as the natural course of development. I don't think there was any need for phasing, to address the concerns with the amount of vehicles generated from our project, raised by staff. And we've had many, many conversations with transportation staff regarding -- COMMISSIONER RICHARDSON: Well, this was an item that was put in by transportation, so perhaps transportation could speak to that. CHAIRMAN RAUTIO: And I'm trying to identify where it is in the PUD document versus in the -- COMMISSIONER RICHARDSON: The findings -- CHAIRMAN RAUTIO: -- executive summary. COMMISSIONER RICHARDSON: Findings for the PUD on page 2, Exhibit B -- CHAIRMAN RAUTIO: That's staff. COMMISSIONER RICHARDSON: -- traffic circulation element. You know, they farmed that out to the traffic people, I presume. MR. BELLOWS: That's correct. COMMISSIONER RICHARDSON: Is there someone from traffic that could speak to that? CHAIRMAN RAUTIO: I didn't want to lose that aspect, and I still want to talk more about the lake issue, too, before we lose Mr. Yovanovich, or maybe one of his other people will come up and Page 47 Janua ry 3 200216)1 COMMISSIONER RICHARDSON: Before we lose the lake, as it -- CHAIRMAN RAUTIO: Before we -- I don't see transportation leaping forward. MR. BELLOWS: What section are you reading from again? COMMISSIONER RICHARDSON: Findings for PUD, which is Exhibit B, page 2. That's after the rezone findings. Then you've got the findings for the PUD. CHAIRMAN RAUTIO: And it says, (as read): "Traffic Circulation Element, analysis of the subject petition conclude with a finding that with development phasing this petition is consistent with the policies of TCE." Is that your focus, Commissioner Richardson? COMMISSIONER RICHARDSON: Yes. MR. YOVANOVICH: My -- I think what they meant, if I may, is the fact that we're developing three different parcels with the intensity of uses getting less intense as you get closer to the corner. And I think when you're talking -- I mean, if you'll look at the PUD, you cannot put a self - storage on the corner. That's limited to A, and I think that's what they meant by phasing, as far as the development of the tracts. CHAIRMAN RAUTIO: Mr. Yovanovich, I am not an attorney, but to me, development phasing does not mean intensity. MR. BELLOWS: If I may, Madam Chairman -- CHAIRMAN RAUTIO: I think I heard you say that. And I just don't want to be too esoteric on the words, but for the record, I don't agree with what you just said this says in front of me. MR. BELLOWS: Just a point of clarification. That language, I believe, came from Chahram, and I think it was his intent that each phase -- each tract be phased, that Tract A would come first and then after that -- I just had a previous discussion with Mr. Arnold. I don't believe he has a problem with keeping Tract A as Phase I, and maybe .l January 3, 20016) 1 he'd like to agree to that on the record. you because CHAIRMAN RAUTIO: We do need to clarify this y can just tell by the heads going back and forth of the representatives that something needs to be on the record. And perhaps transportation wants to stand up and comment or not? Is it you who did this, or was it Mr. Badamtchian? MR. MULLER: For the record, Russ Muller. I'm with development services, by the way, not transportation. CHAIRMAN RAUTIO: Oh, you're not transportation. Darn. What happened to transportation? MR. MULLER: But we all play on the same field, and I like to CHAIRMAN RAUTIO: I beg to differ. MR. MULLER: -- think of us as one. We are the county. I would guess that -- that Chahram put this in, and it probably has do with the different tracts. I don't think it came from transportation planning department as a request, and I think it probably has to do with Item D in your PUD as far as access points, existing and future. CHAIRMAN RAUTIO: Which is saying, "Until such time as Area C and the easternmost lot of Area B are redeveloped, all existing access points on Pine Ridge Road for these two areas shall remain as they exist on the date of approval of this PUD. MR. MULLER: Right. CHAIRMAN RAUTIO: Okay. So the people out there have some idea of what we're talking about. COMMISSIONER ABERNATHY: Is Ms. Wolfe on vacation or out of town or -- MR. MULLER: No, I don't believe so. COMMISSIONER RICHARDSON: She just didn't want to come. Well, you know, perhaps this is, you know, a -- and I don't mean to overplay it, but we're just trying to sort out some of the January 3 200J 6J 1 language problems here, because there is, you know, statements here that say there will -- committed road improvements shall be in place before CO. Now, that's pretty specific. You know, we don't usually get that kind of language at this point either. And we're talking -- and some sense that there's going to be some phasing, which suggests to us laypeople that perhaps traffic would be feathered in at a time when these other improvements were really going to be available. You know, maybe you can just let us go on and perhaps hear more about the project and what you plan to put there and maybe give us a better comfort level. CHAIRMAN RAUTIO: And, Wayne, are you going to speak specifically to this lake issue? MR. ARNOLD: I certainly will try to address it. I know you've mentioned you have specific questions. CHAIRMAN RAUTIO: Because when we're talking about, you know, the executive summary versus what's in the document, I did want to focus on the document because that's what will control eventually because it will be the ordinance. Did you want to say something first, or should we let Mr. Arnold go? MR. BELLOWS: Just a point of clarification on the traffic issue. I had a discussion with Norm Feder. He's the transportation administrator. We will be sending them the staff reports for their reviews to -- just to make sure that the language contained in the staff report is acceptable to them. That wasn't the case with this one. This was before that agreement. But they will be getting the staff reports, for your future reference. CHAIRMAN RAUTIO: As Mr. Abernathy just observed, I thought they already were getting the staff reports before they got to US. MR. BELLOWS: Well, the procedure technically is they provide us with the language, and it goes in. Now, whether it got Page 50 January 3, 200216)1 massaged with Chahram, I'm not sure of the exact sequence of events. Sometimes calls go back and forth, memos, and it gets pretty difficult to keep track of what all different changes occur when you're balancing 20 -some projects at the same time. But Chahram has this language in here, and it appears to me that there was meant to be a phasing of the project. And I personally think that a phasing of Tract A first is a reasonable request, and I don't believe that it would cause a hardship on the project overall. in the PUD CHAIRMAN RAUTIO: What appears to be document makes sense -- MR. BELLOWS: Yes. CHAIRMAN RAUTIO: -- now that we've looked it over and read it out loud. Mr. Arnold. MR. ARNOLD: I'm Wayne Arnold with Grady Minor Engineering and land planner on the project. I'll try to go over just very briefly the master plan and its orientation and hit a few items that Mr. Yovanovich didn't. I'll show you the buffer plan that we've shown to the neighboring property owners to our southern boundary, and I will also try to address the lake issue. And I'd like to do that first, and then I know Mr. Strain had several issues related to the C -3 zoning. And I think between the newest supplement to the Land Development Code and maybe how the Comprehensive Plans been interpreted, we can maybe reach a consensus on most of those points. So I'll move over here and start a little bit of that presentation, and then if you have questions, then we'll hit those too. Okay. As Mr. Yovanovich pointed out earlier, we have Areas A, B, and C. The indoor, climate controlled self - storage goes on Area A. CHAIRMAN RAUTIO: Excuse me. Is -- anyone in the back with technical, can they spotlight the Goodlette Corners map that Mr. Arnold is looking at? MR. ARNOLD: Mr. Bellows has it up on his visualizer. If he Page 51 January 3 200 6J 1 wants to possibly move it over or stand back so you can get the fuller orientation of it, I think the audience could follow along too. CHAIRMAN RAUTIO: Well, that's a little better. That camera doesn't seem to be moving at all. Do we have a staff member that could go back to talk to whomever's in technical to see if they could maybe listen and help? Thank you. Go ahead. MR. ARNOLD: First of all, the project area is about -- a little over 8 1/2 acres. It's a small infill parcel. Keep in mind we have almost a 4 -acre tract on the corner of Goodlette -Frank Road and Pine Ridge Road that formerly was industrial, now zoned C -1 and has nonconforming use status that allows all those nonconforming uses to be interchanged in perpetuity as long as businesses are retained there. What you have is, under the comp plan, two scenarios that Mr. Yovanovich talked about. One is the office and infill provision that gives us one of the opportunities to come in and request the commercial zoning. The second is a policy in the plan that says this is a corridor that should have a redevelopment effort. So between those two policies, we're qualifying. And one of Mr. Abernathy's comments that I touch on was, why can't you just do the self - storage? And let me tell you what happens if we did. We can qualify one time to use the office and infill provision under the comp plan. If we came in and said the two acres adjacent to the Houlihans and the hotel site is our one and only time to use the office and infill, what you end up with is Area B, 2.78 acres, that is residential and forever, under your current comp plan, must remain residential. It has no provision for becoming a commercial land use under the Comprehensive Plan. We don't believe that is in the best interest of Collier County, to end up with a less -than-3 -acre residential parcel that qualifies for three units per acre residential. That area is almost entirely encumbered by the existing lake area, which diminishes its Page 52 January 3, 200216)1 redevelopment potential otential entirely unless you want to go ahead and pay to fill in the lake that's a little bit over an acre to get three units per acre residential on the property unless you do affordable housing; ou can et up to 11 units per acre. But at that point were sti 1 then y g 30 units. Not a high number considering the cost of talking around that s the filling the lake to make those numbers work. But anyway, scenario we're facing, the one and only time we can use this provision. And, as Mr. Yovanovich said -- he's been working with all the An , property owners for almost two years now -- this was the opportunity to ge t all the property, the existing commercial as well as what qualified anyway for commercial, to come in as one unified plan, have common development standards, a common landscape theme, common architectural standards, etc. We think that, and I know that staff has felt all along, that is very much in the interest of Collier County and consistent with our long -term planning efforts. I' e personally had With respect to transportation, I know tha t p two meetings s with Dawn Wolfe related to the project. I spoke with Ed K ant yesterday. We've spoken with county staff at development services over the last year, at least, on this project, and were very comfortable. There are major intersection improvements that are occurring ccurrin at Goodlette -Frank Road. They're putting dual left turns in. They're putting a dedicated right -turn lane in south onto Goo dlette -Frank Road. Those alone are big enhancements to Pine Ridge Road. We know and we understand, because we've met with the staff, that they are expecting us to go ahead and put in turn lanes, as any other project is required to that generates certain volumes of traffic. � So we will be putting in deceleration lanes. We talked about the of access oints right now being over a dozen on Pine Ridge number p Road, albeit many of those serving single- family homes. The R , Page 53 January 3 200J 6J 1 county's looking at this as an opportunity to have a unified look at how they treat access management on a quarter -mile segment of a very busy roadway, a big advantage. They're getting a relocated access point on Goodlette -Frank Road that moves it further away from the intersection, a very big safety enhancement for the county's roadway system. So we think those are very positive benefits. And Mr. Kant, the reason he called me yesterday was to remind me I don't have any full access to this site. We know. We have right -in, right- out -only access to these parcels. There is no left -turn movement out of this project. East Avenue, which has a full median opening now and a left -turn lane into the Shepard parcel, when they go ahead and redo the intersection improvements at Goodlette -Frank Road, they're bringing the dual turn lanes far enough back that the median opening gets reconfigured. There's no southbound left -turn movement into our project anymore. You have a left only into East Avenue, and East Avenue will only be a right out onto Pine Ridge Road. You no longer will have an ability to turn out of East and make a left and go east on Pine Ridge Road to the intersection. Those alone are big enhancements that the county's doing. We don't have any effect on those, but we have to live with them. And that's -- hence, one of the requirements that you see is the newly added language that says the county is going to be modifying access. We, at great length, have worked with the county, and we've yet to get their firm commitment, but looking at the opportunity to have a directional left into our project site that pushes it further down near Mr. Soudan's intended indoor storage facility. That puts it generally equidistant between the intersection and the left -turn facility that serves the Ramada Plaza Hotel further to our west. You can see it on the aerial photo. That appears right here. Our proposed access point puts it about here, in about the middle of that landscaped island that's Page 54 January 35 2001 6J 1 currently on Pine Ridge Road. So I just wanted to set that out as sort gotten to where we are today and how we ve looked at from the transportation perspective, of how we've g perspective. the comp p lan this f he C -3 Mr. With respect to Mr. Strains questions on t Yovanovich read the language out of the Comprehensive Plan that nothing about C -3. I'm not exactly sure where the language - says not g from in the staff report, other than I will tell you that your long- range f plan says you can have range planning staff says when the comp p Y Y office and low intensity commercial, they generally said C -3 is that threshold of lower intensity commercial uses. It doesn't say lower uses. And I think that's where Mr. Strain had pointed intensity office eared in the out to me when we met that some of the uses only app our Land business ark district, for instance. They re nowhere else in re busin p ears nowhere Development Code. A travel agent, for instance, ap that' a pretty else in our code, yet we've asked for one. We think at that's traditional office -type use that qualifies for what we want to do. out I think that one of the other things that Mr. Strain pointed o to me with respect to those uses are that some of them don t app ear in C-3. One of them was, I think, one of the medical facilities, and I was puzz , led too yesterday when we sat down. And after I had a chance to look at the staff report that I received late in the day yesterday, I've looked at those, and our last supplement to the Lan Development Code included all the health services under the C -1 zoning district. So th ose go all the way back to a C -1 use, and I think those start at SIC Code 8011 through something, and I can certainly look that up p if you'd like a specific reference. But, for instance, that was one that was a C -1 use. I think there was an question related to lawn and garden category, and I find those two use to be in C -2 and C- and hardware 3 after I went back and looked at the code. One of those was a Page 55 January 3, 200216J1 Supplement 12, which appeared to be one of the last changes that had been codified. COMMISSIONER STRAIN: Wayne, while you're on it, health service in C -1 is a conditional use for Sections 8011 through 8049. You're asking for health services for 8011 to 8099. 8050 through 8059, 8062 through 8069, 8071 through 8072, 8092 through 8099 are all C -4, from what my code is saying. MR. ARNOLD: And those uses, if I can get my -- COMMISSIONER STRAIN: One's a psychiatric hospital. MR. ARNOLD: And I -- I've spoken with Mr. Yovanovich and pointed out that there are a couple of those -- one of the other categories was educational categories, and it allows things like data processing school and vocational school and things of that nature. COMMISSIONER STRAIN: Yes, it does. That's one of them. MR. ARNOLD: Even though I think we're certainly justified under the code, because our real test is compatibility and transition -- and keeping in mind we have a hotel /restaurant that establishes the intensity to our west -- we're transitioning to, albeit, C -1 zoning that has an entitlement to C -5 and industrial uses. So what our test is, is really finding what's compatible between those two and to the residences to the south. And I guess what I'm here to say is if you have a specific issue with the compatibility of an indoor -type of vocational school or a data processing school or something, I think that we can commit on the record we would eliminate those specific uses. The same thing with the psychiatric hospital and others. COMMISSIONER STRAIN: The problem that I have is that you've put in wide ranges. Number 6, depository and nondepository institutions, you've said everything in Groups 6021 through 6199. Well, 6011 to 6099 is C -1, but when you get to anything above 6099, which is almost -- I don't know how many elements -- it's all industrial. Now, you -- I think Richard said on the record that the Page 56 January 3, 200216) 1 residents didn't oppose the uses you're proposing there. And if that's the case, then I really -- I'm not that concerned. -- I MR. ARNOLD: I didn't mean to interrupt. I think Rich w as don't think he said they didn't oppose it. I think what he said, we haven't heard any specific reference to certain uses that they may oppose. I mean, this is really the public hearing opportunity for anyone who wasn't at the two informational meetings we held. COMMISSIONER STRAIN: So you're assuming that all the residents have these SIC books, and they were to look up those -- each one of those codes and then tell you if they had an opposition to each one of them; is that where we're coming from? MR. ARNOLD: No. But I did bring the book to the meeting s we had. And one of the things I would tell you, the version I still have was sort of a strikethrough, underlined version that we dealt with where we had, for instance, deleted automobile dealership. We deleted hotels and motels. We deleted certain business services, like saw sharpening shops, that were, again, much -- part of a much broader group. And we had made those eliminations that are reflected in what you have before you today. cleaned u p I COMMISSIONER STRAIN: I think this can be cle don't -- but, I mean, I just -- when you put these broad ranges in, I think that's where the problem becomes because it opens it up to a lot. But the other concern I had is if staff s report stated that its In staff s opinion, they were C -3 uses, then does staff s report or staff s opinion change in its findings based on revealing that these are up to industrial and even business park uses? can I tell you MR. ARNOLD: Well, I can't speak to staff, but y that the list of uses that are in -- in the PUD document you have before you today have been in there for nearly two years. Staff has reviewed those at various levels, including your long -range planning staff that looked at these with consistency to the comp plan. We Page 57 January 3 200216)1 made certain eliminations from the original list we started with based on the give and take with staff to this point. And what I'm telling you, if there are specific concerns such as a psychiatric hospital or some of those types of uses, we would make that elimination as well. I don't think it's sized appropriately for it nor anybody has told me that we're going to have a hospital use there. COMMISSIONER STRAIN: And, again, I mean, I'm just more -- my point of concern would be staff s analysis. Was it based on -- Ray, you didn't do the analysis, did you? MR. BELLOWS: No. Chahram did the analysis, but I believe the intent was that the majority of the uses were in the C -3 or similar category. The purpose of the PUD is to allow for, as was previously mentioned, a wider range of uses that you would normally find in one zoning district, such as the C -3. And that's why they're proposing the additional landscaping and mitigation. So personally, you know, I am not opposed to having a wider range of uses, but I would agree with you that a psychiatric -type use is not appropriate at this location. I would prefer, myself, to see more of a -- retail - oriented uses along with some professional office. CHAIRMAN RAUTIO: I have a comment here. I just want to make sure I'm clear. Commissioner Strain, when you're talking about the health services, you said from 8011 to something -- COMMISSIONER STRAIN: Yes. CHAIRMAN RAUTIO: -- were the categories. Would you give me that number again, please. COMMISSIONER STRAIN: 8011 to 8049. Well, it's quite a few. The -- from CHAIRMAN RAUTIO: 8049. COMMISSIONER STRAIN: And then 8082. Those categories are all in C -1. CHAIRMAN RAUTIO: All right. Page 58 January 39 200216J 1 COMMISSIONER STRAIN: And anything else that falls in between those I -- was found in C -4, and that's 0850 through 5% etc., like I said earlier. CHAIRMAN RAUTIO: And to follow the pattern of the PUD that we have before us, then there are absolutely no exceptions listed in No. 11, the health services -- COMMISSIONER STRAIN: That's -- the CHAIRMAN RAUTIO: -- whereas previously, like in 7, y have the numbers, "except" -- COMMISSIONER STRAIN: Yes. I think that's partly CHAIRMAN RAUTIO: -- in words. And take this what the difficulty is here. And it's unfortunate we have to need kind of time to walk our way through this, but were going to some comfort zone on how we're going to know what those exce tions are, and I need to have some comfort knowing what were p acce tin , because you're making a commitment, standing there, to p g p us to a psychiatric chiatric hospital. We may need to look through this a little bit when we give our court reporter a break, because she's been typing for quite some time. MR. ARNOLD: We can try to put that list together, if you will. I mean I have the book in front of me, and if you want to hit the specific codes -- and some are very inclusive and some are -- are not. CHAIRMAN RAUTIO: Right• doesn't seem , COMMISSIONER ABERNATHY: It doe to o me me, Mark, that the planning -- Collier County Planning commission ought to be scrubbing these uses at this point. That, I would have hoped, would have already been done between staff and the petitioner. COMMISSIONER STRAIN: I -- I fully agree with you, Ken. It's just that staff had said they're C -3, and when they aren t -- COMMISSIONER ABERNATHY: Right. Page 59 Janua ry 3 2 16J 1 002 COMMISSIONER STRAIN: -- and they're more, I -- I don't think we would be doing our job by letting it go through without correcting it. COMMISSIONER ABERNATHY: I agree with you, but hopefully we can turn the corner on this. COMMISSIONER STRAIN: By the way, if we take a long enough break, maybe 15 minutes instead of 5 or 10, I could -- I got all my codes numbered, so I can bring them out to you guys, and you could take a look at them if that would help. CHAIRMAN RAUTIO: That would probably be helpful, because I am concerned how these SIC codes show up and what they actually involve when you go look at a particular -- the code book and you look at what's in the zoning. I attended one of the first public community participation hearings on a -- an item that's going through in another area in North Naples, and it was absolutely fascinating the total misunderstanding of what could or couldn't happen with the zoning. And there were literally pages of documents provided. And I, on the fly, went through those and was still amazed at what could have been on that parcel and what people thought could be on that parcel. And it's -- it's very frustrating to have this kind of thing happen. So you can finish your additions. We'll do that at the break, which is going to have to be here fairly soon, but you can continue on with -- MR. ARNOLD: Maybe, if you'd like, I'll jump off this C -3 issue, and I'll move on, and we can come back after your break and deal more specifically with that if that -- COMMISSIONER ABERNATHY: Lake. MR. ARNOLD: I'll move on to the lake. I hope it picks up on the aerial, our property boundary along Pine Ridge Road. You can see the outline of the lake. There are five homes that front on the Page 60 ua 3 2002 6J1 January , lake that's on our property. COMMISSIONER ABERNATHY: Front on or back on? MR. ARNOLD: I guess back on would be the appropriate term. Their -- their back yard abuts the lake back there. COMMISSIONER ABERNATHY: Big difference. MR. ARNOLD: That lake -- I think if you need somebody to attest to g it , Mr. Anderson represents the gentleman who apparently - du the lake, so I think that without question we know that s a man- made facility. We have had an environmental analysis prepared. There were allegations that it's a wildlife sanctuary and that it's wetland environment and things. We have a certified biologist who s done an analysis of that, already met with the water management district staff. They've determined that it is surface water. It is not a wetla nd. There's no specific vegetation there. There are. no listed species obviously on the property. We don't have environmental issues with respect to the lake. lake is that we have people I think the sole issue involving the ale I think if you who have, for 30 years, enjoyed the view of the 1 home ask our county staff personnel, any of these single - family h Y line can qualify owners who own through this lake to their property rmit to fill that to go to the county tomorrow and get a clear andrfill pe clear - portion of their lake. What we have said -- and I'll make it real - the conceptual master plan you have in front of you says existing lake area to be filled or resculptured. o it said that When this was originally submitted two year s ago, d d this the lake area would be resculpted. When we started g 11 over a year ago, we said, "This doesn't work. You cant physically redevelop any portion of the western part of the site without affecting Y the lake. You can't do it for residential. You certainly cant do it for commercial, and we can't do what needs to be done to make this a viable redevelopment effort. Page 61 January 3 200216J1 We made no bones about it, as Mr. Yovanovich said, when we went to the immediate neighbors: "Expect that the lake will be filled." It may be filled in phases. I can tell you that Phase 1 for Mr. Soudan requires about 50 feet of that width to be filled to support his indoor self - storage facility. That affects five total lots. The lake area encroaches onto a portion of three of those, and it would require some filling. That leaves an area of about an acre of lake that would remain that would have to be dealt with subsequently in a future phase. Whether it's Phase 2, Phase 3, who knows, because we already have development on Area C. So at some point the lake would need to be filled. We think we can do it today by going to the county with our permit application for clearing and filling by each of the property owners. We explained that to the neighbors. And obviously if you are backing up to the lake and that's the view you enjoyed, I wouldn't be too happy about it going away either. But we're looking at this on a little bit bigger picture than the five residences that are immediately affected, and that is trying to take into account something that the county is supporting. We know this corridor is developing. I'm not sure we'll ever have another opportunity to pull a dozen property owners together in a unified effort to try to make this happen. So we went out there, and we originally talked to them and said, "What would you like to see in terms of something other than the lake ?" We showed them what the county minimum was which would be a 5 -foot hedge and a tree every 30 feet and a 15 -foot landscape buffer. They said, "No. We don't like that. What we really would like to see is a more physical barrier." We had quite a debate whether or not it would be a 6- foot -high solid fence or an 8- foot -high solid fence. I don't think there was clear consensus from the people in the room, but I think we said, "Trust us. We don't think you want an 8- Page 62 January 3, 200216)1 foot -high fence. Let us show you a 6- foot -high fence." So what we did, we created two images. We said, "Here's the proposed elevation of a building with a 6- foot -high fence, solid fence, and a tree every 30 feet," which is the alternate that the code would require. Mr. Soudan, who was paying for that analysis, said, I don't like it." We said, "We don't like it, and we don t think the neighbors, when we take it to them and meet with them again, are going to like it either." So in him trusting us, we ended up putting a lot more vegetation in that landscape buffer, pulled the wall back enough so that you could have supplemental plantings on, let's call it, the residential property side, albeit on -- still on our property. We would offset the wall 5 or 7 feet and install some low level landscaping to help break up the fence. But the only difference we did here is inserted -- staggered cabbage palms about 10 feet on center into that picture. And obviously I'm not going to tell you that's at time of planting, because cabbage palms don't come at installation typically with their heads completely mature, but that's a little over a year out. And what you end up with are trees that -- I'd like to make a commitment on how high exactly they're going to be at time of planting. I think I'm safe to say that between 12 and 20 feet, because the price is about the same. But -what I don't want to have as a commitment is that every tree is 20 feet because I'm not sure that's what we want either. But what we've -- what we've designed and showed them is 6- foot -high wall, still a canopy tree every 30 feet, supplemented on our side with cabbage palms -- or I guess I would say some similar material. I'd defer to someone, maybe Nancy Siemion, to help us craft the specific language because I'm sure there are like trees that maybe are just as effective or maybe even more effective. But we know that the cabbage palms are a very common tree to get, and if s Page 63 January 3, 200216)1 easy to make that commitment. So that's what we showed the neighbors at our last meeting -- I don't know, it's been a few weeks ago. But on our second meeting we showed them this, talked again about the lake, and I think that nobody could have left that meeting thinking anything else other than we had full intent to fill the entire lake. And, again, I would tell you that from a functional standpoint, it may have some remedial benefit for water management, but it was never dug for that purpose. It has varying depths. It's real shallow in some places. It's got a couple pockets that are deeper. It was never meant to be a water management lake. It doesn't have any easements around it for maintenance. It was never dug to the proper depths. It doesn't have the proper littoral shelves. It doesn't have a lot of things that are normally required to be a water management lake. So best case, if we were to try to use it, to satisfy it, it has to remain a hundred feet wide, which still gives us only about a 150 - foot building envelope along Pine Ridge Road. And with a 15 -foot landscape buffer, a 15- foot -wide deceleration lane, 60 -foot double row of parking, and a nominal building depth of 70 feet, I'm into the lake. And I think that under that scenario, to try to maintain a lake that's a hundred feet wide so I can qualify to use it for my water management calculation, still doesn't satisfy what I need. And to provide them with anything other than the body of water that they're used to looking at probably isn't going to satisfy those neighbors either. You know, if they're looking at something that's 150 feet wide and it gets narrowed down to 60 or 80 or 70, I don't know that it has any real effect, and then I can't use that property for my own water management criteria because it doesn't meet the minimum size criteria that the water management district tells me I need. COMMISSIONER WOLFLEY: How is your drainage going to Page 64 January 3, 2oo216J 1 get to the canal on Goodlette from there? of outfall MR. ARNOLD: Probably we'll end up with a series structures that will go all the way across toward the rear of the property, an outfall. One of the things we've talked to the neighbors about was making provisions for accepting some of their yard drainage and either putting weep holes or catch basins along the fence, to go ahead and accept that water - that there may be some historic discharge back off their property as it slopes back, to go ahead and accept that into our system and take care of it. Its nominal at best. We've driven the area. We've looked at it. We've talked to the district. We've talked to the county staff. ' fied Practically speaking, our water management can be satisfied either by recreating some lake -type area on the site, or we could do it more as a dry retention area. And at this point, not knowing exactly what's going to occur beyond the westernmost 2 -acre parcel, I can't tell Y ou exactly how we're going to reconfigure it and deal with that. But we can certainly get to the outfall ditch on Goodlette -Frank Road. CHAIRMAN RAUTIO: Commissioner Strain. to COMMISSIONER STRAIN: Wayne -- Richard, I don't mean put words in your mouth again, but I think you said the water quality in the lake was not good. Nod of his head means yes. Is it polluted . Is it hazardous? Does it need remediation? r County MR. ARNOLD: It was tested by, I believe, the Collie Public Health Unit, and it tested very high for fecal counts. And I think what's been told to me by our client is that it could be a combination of things. It's a small lake. Its not well aerated. You've got fish, ducks, other wildlife that obviously are utilizing the lake, but also there are -- may be some long -term septic tank leakage that s occurred that's also in there that would account for some of that. They said it's definitely not a safe condition for eating or swimming. Page 65 January 3, 2001 6J 1 COMMISSIONER STRAIN: And I would assume that should you fill that lake, you would have to handle this poor quality water in a manner that doesn't cause us any public concern. MR. ARNOLD: I assume so, yes. CHAIRMAN RAUTIO: Mr. Wolfley. COMMISSIONER WOLFLEY: Done. CHAIRMAN RAUTIO: Okay. Then since we're focusing on the lake -- and that would appear to be on page 15, 4.6 and water management, when I looked at this language A, B, and C, B and C tell me, just reading it as a casual but very interested observer, that the lake's still going to be there. It does not state in here that you have intentions to completely fill that lake in. It says in one place, "Permits may be required for filling in a portion of the on -site lake, cleaning the lake, and/or resculpting it." So, A, you would need some permits to do that, but you're only talking about a portion of it. You're not clarifying that, indeed, you may fill that whole lake. And then when you use C, talking about the setbacks, etc., that would lead a reasonably intelligent person who's reading this to assume that there's going to be some kind of lake back there. We may need some different language here if it becomes agreeable to allow you to completely fill this lake in. MR. ARNOLD: I would -- CHAIRMAN RAUTIO: Do you agree? MR. ARNOLD: I would take responsibility for that oversight. When I sort of assumed responsibility for this, that would be an oversight, because a permit will be required in some form, whether it be Collier County or the water management district, to fill in any or all of that lake. And that would be the clarification, that we have to get the proper permits prior to filling any of that lake. CHAIRMAN RAUTIO: Okay. So that -- and it may be -- "any" may become "all." Page 66 January 3, 200216)1 MR. ARNOLD: Correct. Any or all -- CHAIRMAN RAUTIO: So make sure right now -- MR. ARNOLD: -- maybe would be the more appropriate reference. CHAIRMAN RAUTIO: -- on the record that this Section 4.6, water management, B and C definitely need to have some new wordsmithing, and we may need to have an agreement on what t hat's going to be before we actually go any further when we approve o e pp disa rove this particular PUD. And I hate to be so picky, but noticed lately that some of the things we think we did here at the Planning Commission level and the Board of County Commissioners think happened are not in these documents. MR. ARNOLD: That's one of the reasons -- CHAIRMAN RAUTIO: It doesn't happen. that we've MR. ARNOLD: -- staff now controls the disks t being provided them and one of the reasons you saw Mr. Yovanovich b g a little bit puzzled because, you know, we had not received that updated PUD document. So I have to apologize. What I'm looking at today -- I still don't have what you have in front of you. So I'm still looking at the last revision I gave staff, you know, six weeks ago. CHAIRMAN RAUTIO: And you're the one who actually creates this document? MR. ARNOLD: That's correct. I'd like to admonish you, CHAIRMAN RAUTIO: Okay. Then Wayne. You do know -- MR. ARNOLD: I take responsibility for that. CHAIRMAN RAUTIO: You do know that under utilities Ordinance 88 -76 was definitely repealed. So you get -- MR. ARNOLD: You'll be happy to know -- CHAIRMAN RAUTIO: -- my admonishment too. Page 67 January 3, 200216)1 MR. ARNOLD: -- that I have noted on the top of mine that I need to make sure that the staff rereferences Ordinance 97 -17 appropriately. CHAIRMAN RAUTIO: And it's in your document. I want to make sure you understand that. MR. ARNOLD: It's now going to be staff s responsibility to modify it because they now control it. CHAIRMAN RAUTIO: Okay. Because I'm sure you understand how these things change; right? MR. ARNOLD: I do, yes. CHAIRMAN RAUTIO: Thank you. Okay. Any other comments about this part? COMMISSIONER WOLFLEY: Are we referring just to the lake? CHAIRMAN RAUTIO: Are we through with the lake? Do we want to catch him on a couple other things before he disappears? And we do need to take a break as soon as -- we want to finish with you, because I know we have registered public speakers. COMMISSIONER ABERNATHY: Let me close this portion of the hearing by saying I think the lake is a nonissue. I think the property owner can fill it if he wants to if it's acceptable to the authorities that grant permits. Nobody's going to be able to see it anyway with a 6 -foot fence. But even if there were no fence, it's their lake or their borrow pit. So -- CHAIRMAN RAUTIO: And we might -- COMMISSIONER ABERNATHY: -- that's it for now. CHAIRMAN RAUTIO: Thank you. And we may have some comments from the affected property owners that would like to put their thoughts on record. Okay. Are we through with -- MR. ARNOLD: I think I mentioned all I feel like I need to on the lake. I'd certainly entertain other questions and wait for some of January 3, 2004 6)1 the public comment to address anything else that comes up. ad CHAIRMAN RAUTIO: And at this point in time, we are ready for public comment, as far as the petitioner's concerned. MR. ARNOLD: I thought we were going to go back and address some of Mr. Strain's C -3 specific issues. COMMISSIONER STRAIN: During the break. CHAIRMAN RAUTIO: We're going to do that during the break. MR. ARNOLD: I'm sorry. CHAIRMAN RAUTIO: I'd like to take a 15- minute break, let you -all talk quickly, and be able to walk through so we can get something on the record what we'd like to see excluded. And I also want to hear from the public out there, too, because they may have some thoughts on what they would like excluded or are concerned about, and then we need to at least talk about it in this open forum. MR. ARNOLD: Okay. The only other issue that I would touch on is something that Mr. Yovanovich already did, and that was the issue of this phasing reference that appears in the staff report. And I don't want to belabor the point, but I dust want to point out that at no time have we discussed with the county staff a specific phasing schedule for the project. The level -of- service impacts to the roadway -- and I think everybody recognizes we have roads that have, at certain periods of the day, congestion on them, but we base them on average standards, peak day standards. The analysis has been done, not only in accordance with what the standards currently are. I asked Mr. Smith to quickly recalculate some numbers based on this new 3 percent threshold that Ms. Wolfe and her staff are working toward. We do not pass that threshold either. And on that basis I don't believe that the county staff would have any basis for recommending a phased schedule for what were Page 69 January 3 200J 6J 1 doing. By the nature of what we're doing, we have a phasing schedule in place because we're intending that Area A will develop first; Area C is already developed and may be redeveloped. And I would -- I'm guessing that Area B may be the last to develop simply because it does have the challenge of the lake, and it's not at the corner, and it's not being done by Mr. Soudan. So that I feel comfortable saying, but I just wanted to go ahead and mention that. And, like I said, if there are other specific issues, Dean Smith from our office is here and can certainly answer them. CHAIRMAN RAUTIO: Okay. Mr. Bellows. MR. BELLOWS: Yeah. For the record, Ray Bellows. I -- I appreciate the additional information on the traffic. If it doesn't exceed the new transportation significance test, then I agree that phasing is a moot point and not really required. However, if they have an automatic phasing by the nature of the project they're developing, I'd like to see that incorporated into the PUD document. CHAIRMAN RAUTIO: Okay. And how many registered public speakers do we have? MR. BELLOWS: Six. CHAIRMAN RAUTIO: Six. Okay. Are we ready to take a -- at least a 15-minute break? Okay. Take a 15-minute break, give our court reporter's fingers a chance to rest and the gentlemen to negotiate about these SIC codes. We are in recess. Thank you. (A break was held.) CHAIRMAN RAUTIO: We're back in session. We are at the public hearing on the Goodlette Corners PUD. And I think we were going to take public comment, but you don't exactly look like public comment. MR. YOVANOVICH: I thought what you wanted was for us to have an opportunity to look at the different items and clarify on the record -- Page 70 January 3, 2004 6J 1 CHAIRMAN RAUTIO: That's right. You were the representative to talk about the C -3 issue and the SICK codes. MR. YOVANOVICH: That is correct. And we've had an opportunity to -- to look at the items highlighted by Mr. Strain, and he's correct, that not all of -- everything in the list is specifically C -3 or less. But keeping in mind that the C -3 is basically staff s wording and not ours, we have gone through, and we would agree that Codes 8062 through 8069, which are basically hospitals, should be eliminated from the list. And Code Nos. 9222 and 9224, which is prosecutor offices and fire marshal offices and the like, should also be elimited -- eliminated, I'm sorry. they're not in the C -3 The remainder of those items, although y that those are category, really are office -type uses, and we believe appropriate in this area. It's kind of like real estate -- real estate agents, and those are types of offices that would remain, although not technically in a C -3 category. So we would hope that that would be enough clarification for the issues, and we'll make those changes to the document -- or make sure that staff makes those changes to the document. CHAIRMAN RAUTIO: I did write down, Commissioner Strain, in the 600 group -- or 6099, the depository and nondepository, did you discuss that? MR. YOVANOVICH: We looked at that, Commissioner Rautio, and we believe that that is -- that is keeping with banking institutions and would be -- are compatible, even though its not technically a C -3 use. CHAIRMAN RAUTIO: Okay. I just wanted to make sure we didn't miss that one detail. COMMISSIONER STRAIN: And my -- again, my objections were not to the uses as much as they were to the analysis that staff did to come up with the conclusion that this stuff was C -3. So if Page 71 staff s content with it at this point -- MR. BELLOWS: Yeah. I read -- it. January 3, 200216J1 COMMISSIONER STRAIN: -- I have no further comment on MR. BELLOWS: Pardon me. I read through the uses again, and the language that Chahram had in the staff report is that -- similar, and he said not strictly limited to. So I have no problem with the proposed changes eliminating some of those other uses and allowing the others. MR. YOVANOVICH: One other point. I did -- I did notice that during the break some information was handed out to the planning commissioners, and we were not provided a copy of that information. So I would request that we at least be given a copy. CHAIRMAN RAUTIO: The information was provided by Donald Clancy and other property owners -- Glancy and other property owners in the subdivisions south of Pine Ridge Road and east and west of Goodlette. Apparently that -- sir, you can't speak from the audience. It was provided, apparently, to planning, and it didn't make it into our packets, so we all have a chance to glance at that now. And just for the record, the information that Mr. Yovanovich gave us will be in the PUD Section 3.3, the permitted uses. Those are the changes we've discussed to make those clarifications when this document goes to the Board of County Commissioners in whatever form. Okay. Do we have registered public speakers? MR. BELLOWS: Yes, Madam Chairman, the first public speaker is Lori Stresen- Reuter. CHAIRMAN RAUTIO: The second one would be? MR. BELLOWS: Deborah Lawrence. CHAIRMAN RAUTIO: Okay. Be prepared to move up toward Page 72 January 3, 200216)1 the front. State your name and your address, please. MS. STRESEN- REUTER: My name is Lori Stresen- Reuter, and my husband Steve and I own the property at 1160 Pine Ridge Road. Our parcel is the west piece which abuts the Ramada Inn. In 1993 Steve and I purchased the duplex as is, as a part of a plan for our future retirement. As a self - employed contractor, Steve knew we had to p lan for the future ourselves with no matching retirement plan from a corporation. We were attracted to the piece because of its vicinity to commercial property. By purchasing one of the eight rundown houses on Pine Ridge Road between two commercially zoned areas, we hoped the county eventually would want to improve the area by rezoning. In the meantime, Steve felt that improvements to the duplex, even at our cost, would not warrant themselves in additional rent because of the condition of the surrounding houses and the location of the duplex a few feet off one of Collier County's busiest roads. In August of 2000, one of the property owners contacted everyone in this area about rezoning and selling as a group. It has been amazing that this group, with all its very diverse personalities, have come this far the last year and a half. Other attempts over the p years ears have come, and they have failed. If this area is not rezoned now, I truly feel that future attempts as a group would fall apart and the area will deteriorate further. personally we had I also wanted to add at the end also, pe y purchased a few acres and built our dream home a few years ago. And our house is L- shaped, and all the rooms face our swimming pool, and behind it is the woods. And although the woods do no belong to us, we have enjoyed them for a long time. And the stakes just have went up about a month ago, and it never has occurred to me to go over there and try to stop these people from building their home, although we have enjoyed their woods. And I would be Page 73 January 3, 20016JI thrilled if those people came over to me and said, you know, "I'd like to make a barrier, a nice landscaping barrier for you" so that we have -- still maintain our privacy. But I understand with the lake. And I really wish in hindsight that we could have brought pictures to show you the condition of the homes that are on this -- in this area and the condition of the lake. Thank you for your consideration. CHAIRMAN RAUTIO: Thank you. Any questions of the speaker? Next public speaker. MR. BELLOWS: Deborah Lawrence, and after that Janet Glancy. MS. LAWRENCE: Good morning. My name is Debbie Lawrence. I'm -- moved to Collier County in 1969, and my husband and I purchased this property on Pine Ridge Road. It's the second lot west on Pine Ridge Road. It's the lot north of Lot 9. We came -- purchased the property in 1974, and at that time Pine Ridge Road was a two -lane road. On the west side of our property, we have, like, an easement that we can go out onto Pine Ridge Road, and we could go right or left at that point. Our children could play in the front yards. We could do lots of things that we -- that would never be able to happen today. During our stay there -- and we did move in 1989 -- the road was four laned; that was scary. It was six laned; that was very scary. And now the front door is approximately 20 feet from the road. I can't imagine living there now. They took the frontage from our property. We no longer have access. When they took the property and said that they were going to do the four laning, they said that our -- our access road, we'd be able to turn left or right there. That did not happen. We ended up having to turn right to go left, and then to come home we had to go left to come right. There are property owners that are backing out -- I wish Page 74 January 3, 200 6J 1 we did have a picture of what it looks like right now. There are property owners that are trying to back out onto Pine Ridge Road. It p y is a very, very scary situation. ' ned that property as a It's -- basically the six laving has ruined � p p _effective for residence. It's a rental property at best, and its not cost-effective us to make it anything else. I truly cant imagine living there now, and I really would like you to consider what will happen if you don't approve the zoning. Thank you very much. CHAIRMAN RAUTIO: Thank you. Next speaker. MR. BELLOWS: Janet Glancy -- Don Glancy then Janet Glancy. MR. GLANCY: For the record, I'm Don Glancy. I live on Milano Drive. I've been there for 20 years, 34 years in Naples. We know what's happening here today, the presentation of the Pine Ridge Development -- by the Pine Ridge Development (sic) Group representing this proposal for a PUD. Our concern with this _- since most of that land is currently zoned residential, our concern is that rezoning it to commercial use is going to make an already dangerous traffic problem even worse than it is now. Whether traveling east or west, anyone who's been out there recently knows that the intersection at 41 and Pine Ridge Road, the intersection at Goodlette and Pine Ridge Road is disastrous. he rezoning f this PUD The people who are petitioning fort g o Road and want to remove the existing housing that fronts Pine Ridge I have absolutely no problem with that. I saw that coming when we moved there and they kept widening the road. And, as Ms. Lawrence said, now the road is pretty much in their front rooms. I didn't do that. I wasn't responsible for that. County planning, I guess, did that. But they want to remove those houses and fill in an existing lake behind there. Now, I've heard it called not a lake. Well, it's been a lake in Page 75 January 3, 20016) 1 the 20 years I've been there. My kids and I have been fishing in it for that long. It is spring fed. We know that, had a diver take a look at that. And the -- there is a lot of wildlife. Perhaps the coliform bacteria there has something to do with the fact that there are ducks and turtles and snakes and fish and so on, an occasional gator, an otter once in a while. These developers, as I have suggested in the information I gave you, will also remove many mature, large- canopied trees from that area, including native species; scrub oaks, big ones, 24 inches in diameter, 40 -foot canopies; other trees of at least 50 years of growth. And the established lake habitat would become concrete rectangles and paved parking lots. Furthermore, traffic added out there from yet another commercial center would make things worse. We know about the development that is coming on the northeast corner of Pine Ridge Road and Goodlette, the development that's coming over there on the other side. We also know that there's a school crossing there. Just on Milano and Napoli streets just south of this lake, there are 31 preschool and middle school, elementary school children just there. That's -- I think it's going to make that situation even more dangerous if this particular thing is done. Referring to the lake as not a lake, I don't know how that becomes not a lake. I guess Norris Lake and Cherokee Lake and Lake Meade are borrow pits too, but they're -- they have water, and they have wildlife, and there's a wildlife habitat around them. This particular lake -- as I said, I lived on it for 20 years now -- it has never dried up, even in the worst drought. It has never been stagnant in the time that I've been there, so I have come to think of it as a lake. What we are recommending -- and it seems to be in keeping with what Collier County has said they want to do -- is that this land Page 76 January 3, 2ool 6J 1 be used as -- perhaps as a passive park. Keep the existing lake, keep the g reenspace, have park areas there for people who'd like to go sit on the bench, take a walk. It would beautify the area, we think. It would not hurt the property values in the area, I don't think. And it certainl Y would ease the commercial access and the property -- or the traffic along Pine Ridge Road. remarks I gave you that We made a point near the end of the gave you that of "Collier County has seen fit to preserve the sacred burial ground pioneers moved long ago from their original cemetery near the site Saint Anne's Church on Third Street in Olde Naples to Rosemary Center (sic) on Pine Ridge Road. The County has further advocated the p reservation of a number of other graves along Pine Ridge Road between U.S. 41 and Goodlette Road." little bit. The are Now, Mr. Bellows' comments confused me a Y within this property area, but they are not within an inclusion? MR. BELLOWS: If I may, I'd like to clarify. The PUD boundaries exclude the possible location of these unmarked burial sites. MR. GLANCY: Not within that boundary. MR. BELLOWS: Not within the boundary of the PUD document. MR. GLANCY: Where are they located? MR. BELLOWS: Outside adjacent -- let me show you again on the map. The reported location is in this corner of the intersection of Goodlette and -- and Pine Ridge. The PUD property line excludes that parcel. MR. GLANCY: And it will just be left as a -- condition. MR. BELLOWS: As currently zoned, in its current co MR. GLANCY: Well, at any rate, if that is a concern, it's something that ought to be looked at, we think. the fact Let me add this: As I said before, I have no quarrel with Page 77 January 3, 2004 6J 1 that the people whose property fronts Pine Ridge Road own the property that is behind them and that goes into the lake. Absolutely. I respect property rights, but I am concerned about the use of that property. If you go to the corner of 41 and Pine Ridge Road, at one time we were told there was going to be a medical center there, and that didn't happen. The medical center didn't happen. What we do have there now is we have an Eckerd's Drug. We have, from that point over, three restaurants, two bars -- a couple of them across the street from a church -- and several other fast -food establishments and strip center developments. I don't know how that came about. My only involvement with that was at one time to go before the county commission and object to their putting a sports bar up there across from the church. They didn't do that at that time. Later things happened that brought those establishments there. I don't think we need any more commercial development in that area. We think a park, a passive park -- we don't mean an active park with slides and swings and so on, but a passive park where people can go and take a walk, maybe ride their bike, sit on the bench and talk, walk the dog, play with the kids -- would be a much better use of that land than to put more commercial buildings there. We have been told about -- in our public meetings, we have been told what would happen as far as the landscaping of the PUD is concerned. But the only thing we know for sure is that one investor wants to put one building there now. We have no guarantee of what else would go there. We have no guarantee of any kind of what the buffer or the wall or the fence or what any of those things would be. We've heard all the talk. But those are pictures, and the reality could -- as we well know in Collier County, reality could be quite something different. I thank you. COMMISSIONER RICHARDSON: Question for the -- CHAIRMAN RAUTIO: Mr. Glancy. Up here. Page 78 January 3, 200216)1 COMMISSIONER RICHARDSON: As I heard the presentation from the -- from the applicant, they suggested that this is what they would do. Now, let me just ask you. If, in fact, this was a commitment that's part of our record, would that be helpful to you in your consideration of -- MR. GLANCY: I certainly would be interested in knowing what it was going to be and when it was going to be. For example, if -- if the PUD -- or if the applicant for the rezoning change to build a storage place, if he is granted that, he can build his building and stick a wall 50 feet out into the lake behind my house. So I look at a wall here, and who knows what I look at down there. unified COMMISSIONER RICHARDSON: The idea of a development, though, under a PUD is that common standards would apply to the entire project, and that's part of what were trying to address here. MR. GLANCY: I understand that. COMMISSIONER RICHARDSON: And I'm just --just wondering if those common standards -- let's just assume for the moment the lake is gone. If the common standards are applied, then what I'm hearing is a commitment from the applicant that this is what you would see as the development phases in, just what you're looking at there. MR. GLANCY: Yeah. And we were told -- COMMISSIONER RICHARDSON: And I wonder what comfort level that gives you. MR. GLANCY: We were -- CHAIRMAN RAUTIO: One at a time. MR. GLANCY: -- told that as well. Time? CHAIRMAN RAUTIO: No. I said, One at a time. COMMISSIONER RICHARDSON: She was just cautioning me not to talk over you. Janua ry 3 200 6J I CHAIRMAN RAUTIO: Or you talk over him. COMMISSIONER STRAIN: Mr. Glancy -- are you done, Dwight? I'm sorry. COMMISSIONER RICHARDSON: Yes. COMMISSIONER STRAIN: Two questions. The -- I like your park idea. I don't know how the county could buy such a park and pay for it, and I don't know if your group explored that, because obviously the property owner has a right to sell at a reasonable price. A park would be nice anywhere in Collier County; the more the merrier. The problem is the money to get -- MR. GLANCY: Particularly there. COMMISSIONER STRAIN: I don't disagree with you a bit. But I don't know if your group has explored that with the county commissioner representing your area to find out if that's even feasible, which leads to my next question. You were concerned about the uses that have ended up at the Pine Ridge Medical Center. I, too, brought that up during break. It was ironic. It's called the Pine Ridge Medical Center. There's no medical there, so obviously it went through under the guise of something else. MR. GLANCY: Yes, it did. COMMISSIONER STRAIN: But in that light has anybody from your neighborhood sat down, as I tried to do today, looked at these uses, and had any conclusions as to whether you agree or disagree or have objections to them? Because I've been making objections, but I haven't heard anybody else, and I'm wondering if there's a concern there. MR. GLANCY: We are recently come to this. We're not engineers. We're not a company with lawyers. We are residents of the neighborhood, and we are sort of doing this flying by the seat of our pants. I don't even know right off -- and I wanted to ask about this -- your procedure for whether -- whether or not and when and M-- • January 3, 2oo216J 1 how this PUD would be accepted. I don't -- I'm not in county government. I'm not an engineer, builder, developer. I don't have the kind of ex parte relationship with you folks that they do. COMMISSIONER STRAIN: Well, I mean, you -- on the MR. GLANCY: I would never have called one of you phone. I would next time, but I wouldn't have presumed to do that because I assumed that I would come before you with what I had to say, and they would come before you with what they had to say, and we would both be dealing with the developer and you. But I see that's not how it works. COMMISSIONER STRAIN: We're here to provide a recommendation to the county commission, and then they make a decision. And after their decision whatever they decide is what really happens. What I think this board tries to do is find a compromise, find a way that it works for all the parties involved if that's possible. That's what leads me to -- my concern is, where specifically are your issues with the uses? And if you haven't had time to do that, then I understand that that may not be something well get out of you today. MR. GLANCY: Well, my issue with specific uses I haven It given a lot of thought to because I don't know. We get one bit of information one time and another bit of information at another, as you have. I heard you going over the possibilities of a real estate office or a psychiatric office, which could be the same, I guess. Bein g a Realtor, I can say that. Anyway, if that time comes -- if the time should come that we are going to have that development, I certainly would want to make -- give some input. And I would get in touch with our commissioner, our new commissioner, Mr. Coyle. COMMISSIONER STRAIN: Because the time is now for this board, but the time still is coming up for the next board. And so you need to be prepared to do that by the time it goes to the Board of County Commissioners in whatever format it leaves here. Page 81 MR. GLANCY: January 3, 2004 6J 1 Now, is this, then, the only meeting which we will have regarding this? COMMISSIONER STRAIN: Unless this board votes to continue it or something like that, this -- MR. GLANCY: In other words, the decision will be made today. CHAIRMAN RAUTIO: Our recommendation will be made today -- COMMISSIONER STRAIN: Our recommendation will be. CHAIRMAN RAUTIO: -- to the Board of County Commissioners. MR. GLANCY: Well, I suggest that you look carefully at that drawing of that park and think about that use as opposed to more concrete and more parking lots and -- when you do make your recommendation. CHAIRMAN RAUTIO: I did have a couple of questions. I just wanted to clarify for the record, your drawing here that you've given with the park and the lake, etc., does that include the full 8.5 acres that -- MR. GLANCY: Yes. CHAIRMAN RAUTIO: -- we're talking about here? MR. GLANCY: Yes. CHAIRMAN RAUTIO: You wanted the whole entire area, not just the residential or the lake area. MR. GLANCY: Yes. Because you'd have an existing access where Pine Ridge Court is now. You would have access off Goodlette Road where the access is to the commercial property at that other end. There could be, then, walkways, parking, and so on around that lake from there. CHAIRMAN RAUTIO: And I just want to clarify. Have you or anybody in your group approached any of these good people, Page 82 January 35 200 6 J 1 property ners or their representatives, and asked them to purchase �' -- what it would cost for either you as a group to purchase or the county to purchase? What would the value of the property be to make it into a passive park? MR. GLANCY: Haven't done that, no. CHAIRMAN RAUTIO: Haven't done that. we've MR. GLANCY: As I say, we're late coming to this, and had two -- we had two meetings with the developer. And by the way, I needed to find out something about procedure on that as well. Before we had the meeting, I asked Mr. Arnold if there would be a representative from the county there, from the county planning. He said Mr. Batram (phonetic) -- CHAIRMAN RAUTIO: Badamtchian. would have been MR. GLANCY: Okay. -- would be there -- had he there, but his wife was ill. And then the second meeting we as not was not there or -- and no one else was there, I guess. He w there because he was just not there anymore CHAIRMAN RAUTIO: Didn't work f or the county anymore. from MR. GLANCY: Yes. And so there was no representative the county there. We are residents, homeowners, people concerned about the area, people concerned about the quality of life in the area where we live. We're not engineers, and we don't have access to all that but we do have a recommendation and hope somebody will take it seriously. CHAIRMAN RAUTIO: Any other questions? It would probably behoove you to at least chat with the representatives, whether it's Mr. Arnold or Mr. Yovanovich, the attorneys involved, to determine what the value would be if this proposal goes forward as a PUD, our recommendation, so that you would have an opportunity to tell the Board of County Commissioners what your information is on that aspect. And I would suspect, with my background, that its an Page 83 January 3 200J 6J 1 astronomical price because it is -- the highest and best use would appear to be commercial, and a chunk of it is already commercial with industrial uses already grandfathered in. So it may be beyond the reach of the county or your group to come up with money to purchase this as a passive park. COMMISSIONER ADELSTEIN: Madam Chair, I've been -- CHAIRMAN RAUTIO: Commissioner Adelstein. COMMISSIONER ADELSTEIN: I've been advised that it's -- the price would be between 15 and $18 a square foot. MR. GLANCY: And you were advised by whom? COMMISSIONER ADELSTEIN: By -- what the county's doing across the street is $15 a square foot for eminent domain, so this would probably go between 15 and $18 a square foot. That's a lot of money. CHAIRMAN RAUTIO: How many square feet do we have? I can't calculate that fast. COMMISSIONER ABERNATHY: Eight and a half acres? CHAIRMAN RAUTIO: That's a lot of square footage. And while -- COMMISSIONER RICHARDSON: I'd like to get the applicant to get that on the record because that's something surely they know, and that would be helpful to all of us to know that number. MR. YOVANOVICH: Subject to negotiation of course, you're looking at about $8 million. CHAIRMAN RAUTIO: Thank you. At least now you have an idea, sir. MR. GLANCY: I happen to have that much with me today. (Several speakers at once.) MR. GLANCY: I thank you very much for your time. CHAIRMAN RAUTIO: Thank you for your time. Next public speaker. Page 84 January 3, 200 6 J 1 MR. BELLOWS: Janet Glancy. ain't going to COMMISSIONER ABERNATHY: Now, y ou g g disagree with your husband, are you? MS. GLANCY: No. MR. GLANCY: Not on this. MS. GLANCY: Well, initially -- CHAIRMAN RAUTIO: State your name and -- MS. GLANCY: My name is Janet Glancy. I reside at 1235 Milano Drive, Naples, Florida 34103, and I have lived there for almost 20 years. Initially, of course, when Mr. Yovanovich and Arnold and Soudan brought this possible PUD to our attention, I was thinking in terms of my own back yard, as most people would. However, since the first meeting, we did not have copies of the PUD. No one offered us copies of it, so we really did not know any of the specific details. We have tried on a number of occasions, as many of the homeowners in Sorrento Gardens and Westlake and Northgate Village and Country Club of Naples have tried, to contact people in the p lanning department. Evidently the planning department has been in some disarray, and we have not been able to contact people, as evidenced by the fact that you didn't get our packet. So really, we are coming to this process more than a little ignorant, so I hope that you will bear with me. When I began to think in terms of the project, I started thinking, however, more from a biologist's standpoint. I used to teach botany and marine studies at Naples High School. I currently teach and represent the laureate program and advanced placement English. That's one reason why I would very much like to see the PUD documents. I would like -- both my husband and I are wordsmiths of a sort. I would like to scrutinize the wording of the document before you make a recommendation. Page 85 January 3, 200216)1 But I began to look at it from a biologist's perspective, and I began to think in terms of the estuarine area of the Gordon River. I began to think in terms of the saltwater leading up to brackish and freshwater in the inner reaches going up the Gordon River. I began to think about the greenspace along Goodlette Road to the east, certainly going from the Pulling property up to The Conservancy of Southwest Florida, going from there to the significant botanical preserve at Caribbean Gardens, from there to the old Fleischmann property and now Bear's Paw Country Club which then feeds into Wilderness Country Club, a Hole -In- The -Wall Country Club, then Royal Poinciana Country Club, Country Club of Naples. And then as you follow up the corridor there, you have a chain of greenspace, and you have a chain of freshwater ponds and lakes. And you have a change of large -- a chain of large- canopied trees. And it seemed to me that our lake seems to be a -- call it a borrow pit, if you will, but it has been an established ecosystem for decades. And that follows into Pine Ridge Road and up Pine Ridge -- up north of Pine Ridge Road. And we have had otters and alligators. We have red - shouldered hawks, eagles, ospreys. We have turtles of all kinds: Painted turtles, soft - shelled turtles, snapping turtles. We have indigo snakes and banded water snakes. We have large -mouth bass that the children around the lake have caught, for as long as we have been there, of over 6 pounds. So it is a viable, living lake, not just a borrow pit. And, therefore, I think that when you -- yes, we have not had time to explore with the Florida Wildlife Federation, the Sierra Club, the Isaac Walton League, the Audubon Society, The Conservancy of Southwest Florida the options that might be out there. We have not -- as my husband said, we have come to this fairly late, but the community character plan, the Dover Kohl partners consulting firm technical memorandum, and other articles that we have read indicate January 3, 204 6J 1 a trend toward passive parks and a trend toward trying to maintain greenspace. I'd like you to look at this -- well, you can see partly up on the monitor but over here as well. The people in Northgate Village and Country Club of Naples, Sorrento Gardens, Westlake, and the areas south of there have virtually become prisoners of commercial development. We have only two ways out of our area. If you go up to Pine Ridge Road -- and I invite you, please do go into the Eckerd s parking lot and into the parking lot that extends between Rosemary Cemetery, and you will find a traffic nightmare. the Not only have -- do you find drunks stumbling ov er g raves of -- I'm sorry, but it's true -- that remain outside of Rosemary Cemetery in little plots of grass here and there dotting that, but the parking arkin situation is horrible. The traffic is terrible. And if you look at this -- this aerial here -- CHAIRMAN RAUTIO: All you need to do is pick up the microphone that's right back there, and you can talk and point to the map if you'd like. Turn it on. here no light. All intersection MS. GLANCY. There is at this in the people that live in this area that try to get out in this traffic, hands because this is so short, take their families lives in their every time they try to get out there or if they're coming across here and trying to get in here. The same thing is true on Route 41. There is no light. You go out Castello and there's no light. The traffic is barrelin g up 41 to that intersection at Pine Ridge Road. And the only way that the neighborhood is able to get in and out is by trying to brave that traffic, trying to sneak down an alleyway off Castello in order to get to a street that might have a light. And this -- to make this commercial is going to exacerbate a -- over an already horrendous problem. This is going to be comm south here. This is going to be commercial over here, but historically s Page 87 January 3 200j 6J 1 of Pine Ridge Road. And this is almost a dormant site. I mean, there's very, very little traffic that goes in and out of this site right now. The traffic situation will be unbearable for all the people who live in that neighborhood, for the school children who try to get to Pine Ridge and back, to the school children who go to Seagate, and for all the residents who live in that area. So you would not only be taking away greenspace, a viable wildlife habitat, but you would be creating a horrendous traffic situation. If any restaurants were allowed to go in there, any high traffic commercial endeavors were allowed to go in there, you would be doing a tremendous disservice to the taxpayers and the voters of that whole area of Collier County. Thank you. CHAIRMAN RAUTIO: Any questions? COMMISSIONER STRAIN: I do for the applicant when he gets up here. CHAIRMAN RAUTIO: When he comes up. Okay. So thank you very much. MS. GLANCY: Thank you. CHAIRMAN RAUTIO: Next registered speaker. MR. BELLOWS: Connie Pinckney. CHAIRMAN RAUTIO: And is there one more? MR. BELLOWS: Yes. CHAIRMAN RAUTIO: And who might that be so they can move toward the microphone? MR. BELLOWS: Edward F. McCartney. MS. PINCKNEY: Hi. I'm Connie Pinckney, and I live at 1120 Lake Shore Place in the subdivision called Westlake. I'm very plain speaking, so I will speak very plainly. I moved here from Atlanta seeking a -- a community of families with strong schools. And I purchased in the Westlake community because it was a very distinct community with a lot of families with a lot of kids, great school January 3, 20016) 1 districts. It was what I was looking for. traffic is going I know that we're going to grow, and I know th at g -- is a problem. I know that we've got neighborhood and community development plans that speak to that and set standards. I live on a daily basis -- my children go to fine Ridge, and they've gone to Seagate and now Naples High too. I still have children making that trek through that traffic, and on a daily basis I use those roads. I think we need to revisit our -- as you're saying were doing -- our neighbor community development plan because it would be insane to add more of a problem to what currently exists there. I drive. I have a 13 Y ear old who crosses that street. It's a dangerous place, and it's not getting any better. I believe in the right to use your personal property and to sell it and to make a profit, and I certainly don't oppose those who have homes and wish to do that. When I said that I was plain speaking, one of the problems I had -- and I'm coming lately to this. I learned about this four days ago. When I hear the rhetoric and the ambiguity and the -- of the language here, I -- and I know the history in Collier County. The ambiguity is a license for anything to occur, and I've seen some of the horrors that have taken place in building when what we thought was going to happen was not at all what happened. I question it. I believe this ambiguity i may be with intent. And I think one of the first things that I would like to see with your help is to limit the ambiguity and to limit what is going to occur here to make sane sense. ' going We have a community character plan. It states tha t were g g to p rotect the integrity of places that I purchased into. Were going to build parks around such things. We've heard the worst -case scenario, which is the -- is the most likely scenario, in reality, with this development. I would like a continuance to investigate -- to see if there is -- January 3, 200216)1 if we will follow up what the stated goals of the community character plan, if there is an $8 million possibility. There's development going all around Pine Ridge. This is just a drop in the proverbial bucket. I'd like to protect the integrity of the home and the community that I purchased into, that retains the character of Naples. I would like to have the opportunity to see if we can't have a park there and have the time and opportunity -- reasonable time and opportunity. I'd like to see if we can't have an opportunity to make the best -case scenario. If not, then I'd like to do the second best, and I need your help to set some sane standards here and to get rid of this ambiguous language that could mean anything practically could be placed here. And I see your -- and I respect your efforts to begin to do that here today. I don't think we can do the whole picture here today, and that's why I'm asking for a continuance to give -- I'd like to go to the Westlake neighborhood community. We haven't gotten this information. We haven't had a chance to organize a response. I'd like to have a chance to do that. CHAIRMAN RAUTIO: I'd like to respond to that. Tentatively this petition, in whatever form it goes if we didn't continue it today, would be before the Board of County Commissioners at a public hearing on the 12th of February, so you do know that. Keep that date in mind. And you may wish to chat with some of the representatives and the property owners in between. And you could, you know, make an effort to get some additional information to the Board of County Commissioners with some of your concerns, because we have tried to make sure that the language in the PUD is much more specific, and that's why this particular public hearing has taken a lot longer than it would normally have. And we have -- I've made notes on what we're going to have to change. So we are trying to do part of that for you, because we have certain criteria that we have to use to make our decision, but I Page 90 January 3, 20016J1 certainly do understand your comments and your concern about how it's g oing to change the area and your involvement in the whole process. So I want to make sure that you are aware, and anyone else, the 12th of February's the next date. And between that time and now, some of these _additional ideas can be discussed with the representatives and the property owners as well as the commissioners, the Board of County Commissioners. Does that help a little bit on that part? Because I don't think we're going to be -- I don't have a sense up here for a continuance at this point, which is your specific request. I didn't want you to think we were ignoring you. MS. PINCKNEY: Okay. CHAIRMAN RAUTIO: Commissioner Strain. applicant COMMISSIONER STRAIN: I've got a question. The app has indicated there were a couple of meetings. And Mr. Glancy, I believe, said there were a couple of meetings with the residents. At those meetings did anybody inquire -- such meetings, so I'd MS. PINCKNEY: I've never heard of any g like to know about -- COMMISSIONER STRAIN: Oh, then you can answer w uestion. That was -- that's what I'm saying. So not everybody as q invited, or did it -- I'll wait until the applicant gets up there, then, an try to find that answer out. MS. PINCKNEY: I'd like to hear their response too. 1 CHAIRMAN RAUTIO: Right. And staff could probably clarify that somewhat, too, because I think in Westlake you re much further down the road if I picture where you are. MS. PINCKNEY: Right. But I still use the s ame traffic outlets. CHAIRMAN RAUTIO: But so do I and I live in Victoria Park. I recognize the traffic comments that you made are very -- Page 91 January 3, 2001 6J 1 MS. PINCKNEY: I can't get out; I can't get in. And I don't want to put my kid on his bike to go to school. MR. BELLOWS: Just a point of clarification. This project was submitted prior to the public information meeting requirement where we have specific notice requirements and procedures; therefore, no county staff was required to participate in any informational meeting. That was totally the responsibility and good volunteerism of the applicant and the petitioner to notify. It was not a requirement at that time of submission of this petition for them to hold these public meetings. They did so as a benefit to the citizens. So there is no specific notice requirement or distance for their meeting. The county has notified the people per our current code requirements for this particular meeting. . CHAIRMAN RAUTIO: Thank you for clarifying that, which we are making changes. Next public speaker. MR. McCARTHEY: Madam Chairman, fellow (sic) board members, members of the audience, my name is Edward F. McCartney. I reside at 94 Second Street South in Naples. I own a piece of property, along with Doris Lewis, at 1270 Pine Ridge Road, which encompasses two lots there backing up to the lake. I purchased that property approximately in the 1980s, middle '80s, with the primary intent that I foresaw that this property could go nowheres except for commercial property, you know, and to make a profit. So I've paid taxes on that, and I've paid taxes on the lake, and I've paid taxes on the improvements for that for X number of years. And let me tell you, it's very difficult to find someone of -- you know, that will pay the price for an investment to rent there as a residential property. So it cannot and it should not be left to the wills of a residential any longer. The property owners along the way there has a contract on this piece of property. And, as it was previously mentioned, I don't Page 92 January 3, 2oo4 6J 1 foresee that these property owners are going to get together again. And we have a window here of opportunity to make something viable for the community to upgrade that area to something. Whether its -- the individuals want to come up with the dollars to pay the property owners and buy their contract for a park, that s up to them. I'm here today to express my opinion in the hopes that you will give some viable reason -- to give you some viable reason as to why you should give full consideration for this redevelopment. 11 you and show You have heard our planners and our attorney to y he -- our you some of the reasons why -- the property owners and t attorneys have gotten together with the local area people behind us to -- to make this a very worthwhile project. There are a number of reasons why the property owners should receive the board !s commitment and support, because it's going to benefit the community as a whole. May I suggest a few of the positive reasons for that. I think each and every one of you have traveled down Pine Ridge Road there and saw the eyesore that that particular area, from Goodlette Road to 41, has encompassed over the number of years. My piece of property has the driveway so close that the people have to back out into the Pine Ridge Road, so it can't stay there like that very much longer. And I suggest that redevelopment will only add to and enhance the continued beauty of Naples because that is a primary artery into the community, and we do need it upgraded, and I think our planners have developed a great plan for you. • citizens of Collier County. Approval will provide the safety for cit It'll provide safety for our visitors who come to Collier County- - simply by getting rid of all the curb cuts that s in there now on on the south side of Pine Ridge Road. I mean, that s -- can be nothing except a fact there will be safety for not only the community and our visitors. And this could be accomplished, fellow board members, by Page 93 January 3, 2001 6J1 approving this PUD today with some of the changes that has been made. I've heard about the lake. I've paid taxes on that lake. It's our property. And as the planners has mentioned, we can go and get a permit to fill those in, but it wouldn't be viable for us to do that as an individual property owner. So that's why we all got together, the property owners -- and believe me, it was a hard task for getting 11 property owners together to come and get to this point that we are today. Believe me, it was a hard task. The lake behind the property, if you look on the surface, it's a beautiful lake. But it's not very deep, and it's not viable for our -- for the needs in the future. As I say, it's an eyesore. We want to get rid of that eyesore, and the property owners are willing to come together, and we've done that under a contract. And I submit to you today that we should approve and send to the Board of County Commissioners your approval of our PUD. If you have any questions, I'll be happy to answer them if I can. CHAIRMAN RAUTIO: I did have one question. Are you familiar with the concept of whether your lake is a spring -fed lake or not? MR. McCARTHEY: I was told years ago that a guy by the name of Mr. Turner dug that lake out to build Pine Ridge Road in, so that benefited all the -- that benefited all the property owners in Collier County. It's nothing more than just a -- you know, a borrow pit. Where they've dug the land out, Mr. Turner did that. He dug that one up by the -- behind the bowling alley there also and used that, you know, the dirt. You know, back years ago they didn't -- they wasn't too concerned with the roads because, as you know, along even 41 they've -- you know, they've just filled over the potholes and made a road. So that's how that lake came about. CHAIRMAN RAUTIO: Okay. I just was curious if you, as an Page 94 January 3, 200216 J 1 owner of that lake, had ever been aware of that. Thank you. Any other questions? Mrs. Young. COMMISSIONER YOUNG: This is just a flier. But looking at the map, I wonder if the homeowners' groups got together with you - all could you possibly negotiate a price for that lake - enclosed MR. McCARTHEY: Anything's possible. COMMISSIONER YOUNG: -- octagonal -- MR. McCARTHEY: Money talks. __ would be a lot COMMISSIONER YOUNG: -- which might less than $8 million? MR. McCARTHEY: Thank you. Yovanovich. CHAIRMAN RAUTIO: Thank you. Mr. Baker MR. YOVANOVICH: Just to summarize, I am a plain p too. I -- I did -- we met with the neighbors. We met with the affected neighbors, the people who fronted on the lake, and we explained the process. We explained that the purpose of the public meetings with them was to get their input. and their input was, Now, some people are very strong - willed, be we'd rather it not change. Others accepted that there would chan e, and there would -- you know, what we could do, wed f do to g make the situation best. And people, some people, not everybody at that meeting, felt that if the lake had to go away, the wall and the increased landscaping was the alternative they chose. We've incorporated that. Others said they'd rather see it be a passive park. Well, you know, you've been around long enough, I've been around long enough. Every time neighbors come up and say, "We'd love this to be a park," and they want the county commission to come buy the property. We met for the first time November 5th. Mr. Glancy was there. Mr. Glancy never asked us for a copy of the PUD. Everybody who did ask us for a copy of the PUD was provided a copy free of charge Page 95 January 3, 200216)1 by Mr. Arnold. We had a second meeting December 16th to bring back the revised landscaping plans. Again, anybody who wanted information from us, we were happy to provide it and did. They're not new to the process. This process has been going on since November 5th. And we've given informational meetings because that's how Wayne and I do rezonings. We let people who know -- who are going to be affected what's going to happen. We don't do it because the codes require it. We do it because it makes sense to let people know what's happening and try to work out a situation, as Mr. Strain says, compromise and make it as -- as best we can for everybody, and we've tried to do that. We've not -- your traffic -- transportation staff has reviewed this petition. And I mean this as a compliment when I say this about Ms. Wolfe. She's very conservative. She puts us through very strict scrutiny in reviewing our proposed projects. We meet a much higher standard than past people had to meet. It's a tougher standard. We will still go through a site planning process with Ms. Wolfe and her staff to make sure that whatever is developed on that site is safe and has the minimal necessary cuts onto Pine Ridge Road to provide safe access. We'll meet that standard. It will be safe. I don't know where Westlake is. I don't know how close she lives to -- to this project. To say, well, I travel the roads, you know, I don't believe there's any direct access in Pine Ridge to a light. I mean, we all live with where -- the traffic is where it is. Your transportation staff has reviewed what we're planning on doing. They believe it's safe. They'll put us through a much stricter scrutiny when we do the site planning. It will be safe. We will have the obligation to build turn lanes, decel lanes. There are going to be -- as Wayne has told you, there are going to be improvements to the intersection at Goodlette and Pine Ridge Road. There's also going to be changes to Page 96 January 3, 200216)1 Goodlette -Frank Road where medians will close. safety. So you have to look at all of the picture as to the traffics ty We don't have any direct impact through their neighborhood, direct access through their neighborhood. We go to Pine Ridge Road and to Goodlette -Frank Road. We will have no left -hand turns out. We will have all right -in, right -outs. Your transportation staff will make sure it's safe, meets the county standards. We're obligated to do that. We know we have to do that. We believe what we have done is we've proposed a project that is compatible with the neighbors to the south, goes above and beyond the minimums required under the Land Development Code, takes into consideration the area we're located in, what currently exists there, and what our clients' legal rights are to use their property. And it is change. Nobody -- you know, we -- I can't get around -it. People have enjoyed a borrow pit, a lake. Whatever you want to call it, they've enjoyed it, but they've enjoyed it at Mr. McCarthey s expense. He owns the lake; they don't own the lake. What we're asking for is the redevelopment of a site within our legal rights. I think we've met the strict burden of proving what were asking for is compatible, and we would hope that you would vote favorably to make a recommendation of approval to the Board of County Commissioners. And if you have any specific questions about the project, we're happy to answer any more questions you may have. CHAIRMAN RAUTIO: I have one, but I'll let Mr. Richardson go first and then Mr. Strain. Just the -- one o COMMISSIONER RICHARDSON. • f the issues that came up with the mature trees on this tract. And, of course, we all hate to see, you know, big trees torn down if it can be avoided. Sometimes it costs a little more to save a tree. I dust -- I don't know the topography here. Can you give me any indication as Page 97 January 3, 20016J1 to whether that might be possible? MR. YOVANOVICH: I mean, it's in -- I mean, I can't tell you specific trees that we definitely can save, but it's in -- you know, if we can save them and use them, we'll definitely -- we'll definitely do that. COMMISSIONER RICHARDSON: Okay. So you'll put that on the record? MR. YOVANOVICH: Yes. CHAIRMAN RAUTIO: Commissioner Strain. COMMISSIONER STRAIN: I have three. Do you want to go before me? CHAIRMAN RAUTIO: Okay. While we're in our -- while we're talking about trees at this moment, I'm not sure that it -- you didn't make the presentation, but Mr. Arnold did. I want to just clarify a couple things for the record in deference to, I believe it was, Janet Glancy, and I believe even Ms. Pinckney, the Westlake resident, mentioned. On your buffering requirements, which are in 3 AH 1, 2, and 3, to make sure this is on the record -- I hope you have the same wording that we do, but I can read quickly but slowly enough for the court reporter. The first one was a 15- foot -wide Type D buffer shall be provided along Pine Ridge Road with the landscaping as required in Section 2.4.7.4 of the LDC. Do you have that same statement? MR. YOVANOVICH: Yes. CHAIRMAN RAUTIO: Okay. Because I want to confirm that this is what you have said and -- you and/or Mr. Arnold so that it's on the record and that they have some assurance that this is going to happen. A 10- foot -wide Type D buffer shall be provided along Goodlette -Frank Road, including along the west side of the off -site graveyard, with the landscaping standards as required in Section Page 98 January 3, 2004 6JI 2.2.21.5.1 of the LDC. This buffer shall contain canopy trees, the number of which shall be calculated based on a minimum spacing of 25 feet on center. All canopy trees within this buffer shall be in minimum -- shall be a minimum of 12 feet high at time of planting. That was what was stated, and I want to make sure that we agree. And Item 3, then, was southern PUD boundary buffering shall consist of a 15- foot -wide Type B, as in bravo, buffer. Those are all the things that you enumerated up here, and I just want to make sure that we do have the words in here unless we need to tweak them or refine them. MR. YOVANOVICH: We -- we will -- we need to refine the language to include the wall and the extra plantings that we've committed to. COMMISSIONER RICHARDSON: The enhancements you -- MR. YOVANOVICH: The enhancements we've committed to. MR. BELLOWS: Can you go over that one more time? MR. YOVANOVICH: We've agreed to a 6 -foot wall, and we agreed to cabbage palms or the similar 10 foot on centers between -- Wayne, I know 20 feet was the upper end. What was the smaller end? Because we were going to stagger them. 12 to 20. COMMISSIONER WOLFLEY. I think it was MR. YOVANOVICH: Twelve to twenty feet. That y s what we agreed to and that -- we need to revise that to embellish it to make sure that that's clear. And that will be the entire length of the southern boundary. CHAIRMAN RAUTIO: Southern boundary. COMMISSIONER ABERNATHY: Do we need to talk abo ut the -- the composition of the wall? Stucco, is that -- MR. YOVANOVICH: Precast, is that okay? I mean -- CHAIRMAN RAUTIO: Some of those precasts look pretty nice these days. Page 99 January 3, 2001 6JI COMMISSIONER RICHARDSON: What color? Never mind. COMMISSIONER ABERNATHY: I just asked. MR. YOVANOVICH: It definitely is -- can be -- COMMISSIONER ABERNATHY: It won't be solid. We're not talking about wood? MR. YOVANOVICH: We're not talking wood. COMMISSIONER ABERNATHY: Okay. CHAIRMAN RAUTIO: Okay. Before I lose you, do we have any other questions? COMMISSIONER STRAIN: Oh, yeah. You're not going to get away. I've got three questions still. CHAIRMAN RAUTIO: Okay. Go for your questions, but I just want to make sure that on this when -- whomever makes the motion, I have the areas that we will have to ask for revisions to so we can include those, at least in general, in this motion. COMMISSIONER STRAIN: Richard, the meetings that you had with the residents, you talked about this is going to be a commercial tract. Did you specifically get into the specific possible uses that would go on that tract? MR. YOVANOVICH: The only -- the only use I could commit to was the self - storage. I talked about in general it could be a bank. It could be a Walgreen's. It could be a restaurant. It could be offices. Did I talk about, you know, that -- absolute specifics? I did not. I talked about categories. COMMISSIONER STRAIN: Okay. The reason I asked that is the Pine Ridge Medical Center certainly is not a medical center; it's anything but. And somehow that is extremely misleading, and it probably was presented as a medical center at one time, but it had all the similar uses that you have in yours. And I'm just wondering, in your presentations to the neighborhood, did the people understand what those numbers meant? Because until today I'm not sure you -all Page 100 January 3, 2001 6J 1 understood what all those numbers meant, because we had psychiatric hospitals in there and all those kind of things, and that' s a concerning issue. And I want to -- I don't know how far you explored it with the neighborhood and how much they understood what it is that could go there based on the ranges of those numbers. MR. YOVANOVICH: Well, I -- I did not -- we did not go number by number, Mr. Strain, but we talked about types like I just described them. You know, candidly none of us anticipated a psychiatric hospital there, so I didn't bring that up. I mean, that was - - you know, that was a number that found its way in there. But, no, I didn't talk number by number. COMMISSIONER STRAIN: Well, you added a lot of numbers in there. There's one that I wondered if you'd consider adding, and it's -- first of all, you said you'd sell the property at a negotiated price starting around 2 million. MR. YOVANOVICH: I don't believe that was even close but -- COMMISSIONER STRAIN: Oh, it's not? Okay. Well, we're starting negotiations. MR. YOVANOVICH: We'll talk with -- maybe one of the parcels. COMMISSIONER STRAIN: I -- I have been surprised that the county commission, and pleasantly surprised, that they have purchased for large dollars some very nice pieces of property for parks. So that -- something could happen here, and I'm not saying it's not impossible (sic). On that premise would you be willing in your document to insert a use for community park as one of the permitted uses? MR. YOVANOVICH: Sure. I mean -- COMMISSIONER STRAIN: Okay. CHAIRMAN RAUTIO: What would that number be? MR. YOVANOVICH: The county could do that at any time. Page 101 January 3, 2001 6J 1 COMMISSIONER STRAIN: Well, I just thought it would be -- this would kind of -- if we go forward with this and that's one of the permitted uses, it allows the residents to explore that a little bit further with their county commissioner. MR. YOVANOVICH: We'll be happy to add that as a -- as a permitted use. COMMISSIONER STRAIN: Okay, then my last question, which is a caveat to the first two, because of the unclear discussions you may have had with the residents in regards to what the numbers meant in the SIC code and the fact that they're willing to maybe figure out a way to approach their elected officials to purchase this park, would you consider a continuance for a period of time to further that discussion with them? MR. YOVANOVICH: Commissioners -- I mean -- I'm sorry -- Mr. Strain, I'd rather not. If -- if they bring a legitimate offer to us before the February hearing, we can talk about a potential continuance of the board meeting. But I've heard this too many times where they -- where people want to approach an $8 million purchase on behalf of the government, and I just don't really believe that that will ever come of fruition. But there's still an opportunity. There's six weeks before the Board of County Commissioners' meeting. If there's a legitimate likelihood that that could happen, there's time to -- to continue at that point. But at this point I don't think an indefinite continuance while they try to come up with $8 million is -- is fair to the existing property owners. COMMISSIONER STRAIN: I had to ask, but I appreciate your comment. Thank you. CHAIRMAN RAUTIO: Commissioner Wolfley. COMMISSIONER WOLFLEY: I just have -- when I reviewed this -- the informational package that we got and the -- the PUD Page 102 January 3, 20016) 1 m plan, lan, what I flashed on was the corner in -- in Fort Myers of colonial and Summerlin. There's a McDonald's there and all that and -- because it's right -- right in, right out. And I don't know how many times I've almost been hit by someone coming out of McDonald !s trying in to get over to the far left lane to make a U -turn to go west. I -- mean, it's almost an identical situation there. And -- and it Just is a fairly frightening, htening, as somebody had said, one of the speakers had said. And that's just what comes to mind. People are going to be jetting across there trying to go west all the time. And, you know, that's my biggest concern, is that traffic issue. MR. YOVANOVICH: And if I may, remember, all these medians are going away, so nobody will be able to go west out of our project. COMMISSIONER WOLFLEY: I understand. MR. YOVANOVICH: We have had discussions with your transportation, and they're going to make us have an access point as far away from that intersection as possible so there is a safe distance for them to weave if they want to get to the far lanes. now? COMMISSIONER WOLFLEY. With that traffic on there MR. YOVANOVICH: Yes. And it's -- I mean, that s your transportation staff. They're engineers. They go through the process. They understand the engineering principles, and they're going to move those access points to the maximum extent they can to make sure it is safe. And with the unified planned development, you ve got a g reater opportunity to do that. If this comes in separately, each individual parcel is going to have access, and you're going to be further constrained on how you can address those access issues. nk COMMISSIONER WOLFLEY. Don t get me wrong. it's an eyesore right now, the whole three parcels, and anything would be an improvement. point was MR. YOVANOVICH: But what I was trying -- my p Page 103 January 3, 200 6J 1 you get a better opportunity to deal with access and the concerns you're talking about if this is unified than -- than 12 or 13 separate parcels. COMMISSIONER WOLFLEY: Oh, I agree. It's probably more dangerous now than it would be. But my biggest concern was that and the -- and the ingress and egress there. Thank you. CHAIRMAN RAUTIO: Any other questions here? I know Mr. Arnold was still flipping pages. COMMISSIONER WOLFLEY: Looking for that code. COMMISSIONER ABERNATHY: He's just looking for community park. MR. YOVANOVICH: I guess there's no code provision for community park. COMMISSIONER STRAIN: No, there isn't. MR. YOVANOVICH: So we'll have to write the words "community park" instead of -- COMMISSIONER STRAIN: Thank you. I've already looked that up. COMMISSIONER WOLFLEY: You could have stopped him. CHAIRMAN RAUTIO: You could have told us. COMMISSIONER STRAIN: I didn't know he was looking for it. CHAIRMAN RAUTIO: Okay. Do we have any -- COMMISSIONER STRAIN: He normally ignores me. COMMISSIONER ABERNATHY: I move we close the public hearing. CHAIRMAN RAUTIO: Do we have any further public speakers here? We close -- MR. BELLOWS: We're closed. CHAIRMAN RAUTIO: We'll close the public hearing. Okay. We've closed the public hearing, and our motion's going to Page 104 January 3, 20016J 1 have to include specific items which I could rattle off now, whoever's going to make this motion. COMMISSIONER ABERNATHY: Well, I'll make the motion, and y ou can start rattling them off. I make a motion to approve PUD- 2000 -22, recommend approval to the county commission, subject to CHAIRMAN RAUTIO: The revisions of the PUD: 3.3, permitted uses, one newly added item would be a community park; to 3.4, which is the buffering, the clarification of some of the landscaping as we discussed; changes to 4.6, which is the water management, a major rehaul of that particular section; and the last one would be 4.7, utilities, to correct the information with that particular ordinance. COMMISSIONER WOLFLEY: Second. ath CHAIRMAN RAUTIO: We have a motion by Mr. Abernathy, a second by Mr. Wolfley for approval of this -- COMMISSIONER ABERNATHY. You've got more. MR. YOVANOVICH: Well, you were, Madam Chairman, very, very thorough. You missed a couple of things we agreed to take out. COMMISSIONER STRAIN: That's what I was going to bring up. I hadn't forgotten those. CHAIRMAN RAUTIO: You're right. MR. YOVANOVICH. We agreed to take out 8062 through 8069 and 9222 and 92224 -- 9224, too many 2s. his CHAIRMAN RAUTIO: You're right. I had that over on t piece of paper and not where Mr. Abernathy made his motion. Thank you for clarifying that. So that is part of the motion. COMMISSIONER ABERNATHY: Was there a second? CHAIRMAN RAUTIO: And there was a second. Do we have any discussion? Page 105 January 3, 20016J1 COMMISSIONER ABERNATHY: Yes. I -- as the motion maker, I'm sure some of the people in the audience feel like I'm sort of slamming the door in their face. When I went to see Mr. Yovanovich and Mr. Arnold yesterday afternoon, I expressed my concern about the traffic. I think the traffic is a valid issue. I think the road is already - Pine Ridge is already a mess. And I explored with them the possibility, the viability, of putting some kind of walled town house or villa community in there. And they assure me that that's not economically viable, and I have to accede to their expertise on that. I'm very, very reluctant to put this in. I'm also concerned about the number of accesses out onto Pine Ridge. I don't find comfort in the fact that the county staff is going to approve these things because if you come out of Eckerd's or come out of the rental -- car rental place there, you take your life in your hands to get onto Pine Ridge. On the other hand, that's not the fault of these property owners, and they do have a right to develop their property. The county is of the opinion that it's best used as commercial. I think we walk a very dangerous path if we hold out to these concerned citizens the chance that the county is going to come up with $8 million to buy this. There's recent -- I can't disagree that the county has bought some parcels in the past, but in our -- in our field of endeavor, I'm reminded of the Palm River doughnut, which everybody agrees has some ecological values. There are wetlands. There are turtles verified in large numbers, all kinds of reasons why that might appeal to the county to buy. But, in fact, they've turned to the wildlife society and other people, private, to see if that can be done, and apparently it's not going to be capable of being done. So, to me, it's all regrettable, but it's all a part of the further urbanization of Naples and its environs. I think that rules that we have concerning traffic sometimes defy Page 106 January 3, 2004 6J 1 common sense. When you can look at a road and see that it's crippled, to me, it's no answer to say, well, we have some formulas pp As a matter that we apply to that traffic and find that it's hunky -dory. of fact it g ets a C. So given those rules that we have to operate in, I hop e you understand where I'm coming from. I -- I don't like the rules but those are the ones I have to apply to the development. And , as far as I'm concerned, applying those rules, it passes muster. �d COMMISSIONER RICHARDSON: Additional comment. I J just like to speak to the process. We do have this public participation ordinance which has been passed. And I somehow think that we would have been further along and have less involvement at a public -- at our public meetings if that process had, in fact, been applied to - to this project. And I realize the applicant has gone out on his own and has made an attempt to replicate a portion of that process. in But as I recall and remember the process, when it actually is, fact -- and we're catching up with this train. I think a lot of these issues will be able to be fleshed out, and many more people will have an opportunity to be involved because of the notice requirements. And you'll have the documentation, and you'll have an opportunity to -- to, in a more constructive way I'll say, make your wishes known at an earlier point where it perhaps can be feathered in more gently. But, as Mr. Abernathy says, based on what we've got and what we've got to work with, I think we've pushed the envelope about as far as we can as far as a recommendation on up to the Board of County Commissioners. And if -- if in the meantime you can come u p with any additional information, you know, be it to the purchase price or be it to any other modifications to uses or whatever, you know, I would encourage you to pursue that process. But I would stand in support of the motion. comment? I just CHAIRMAN RAUTIO: Any further J st want to say, too, that the public participation will change these typ es of Page 107 January 3, 200216)1 hearings. Specifically Mr. Bellows and I and a few other people in the audience had the enjoyment of attending one recently on a PUD that's going back through to have some changes, and it was . fascinating to watch the people be involved and the understanding of what can and can't be done. And I think as the public understands these SIC codes and what can happen to a lake and this type of approach that we have here, better products will be made. And, of course, I have to agree with Commissioner Abernathy on the whole concept of the roads and what we can and can't do to the roads. But we definitely have met all the requirements, that I can tell, here to be able to go ahead and support this and move forward. As the chair I wanted to make sure that we did catch on the record the various changes, deletions which I missed, as well as the changes that need to happen to this document before it goes to the Board of County Commissioners. I think you'll see more of this so that the words in the document -- forget the executive summary or the staff report, but the words in the document will reflect what is expected to happen, and they will be as specific as they can be. And in deference to the people here today, I wanted to make sure that that was understood, and that was part of my job. And I think we've made some significant changes, so you -all get those copies before this goes to the Board of County Commissioners and talk about it at that point. So I can support this motion. If there's no further comments, I'll call the question. All those in favor say aye. (Unanimous response.) CHAIRMAN RAUTIO: Those opposed, same sign. (No response.) CHAIRMAN RAUTIO: Motion carries. Next stop, Board of County Commissioners probably on the 12th of February. Thank you. Page 108 January 3, 20016) I The next two agenda items have been continued to the January hearing on the 17th meeting, so that puts us at 8 -A (sic), the public hee need Land Development Code amendments. Marjorie, do w anybody to be sworn in on this? there's no need to MS. STUDENT. No. It is legislative, and swear anybody in, and there's no need to make any disclosures. CHAIRMAN RAUTIO: Thank you. COMMISSIONER RICHARDSON: Marjorie, are you recommending this language for us to adopt? CHAIRMAN RAUTIO: Why do we have this before us? MS. STUDENT: Well, staff is the person that's going to present it. COMMISSIONER RICHARDSON: All we have is just the ordinance. CHAIRMAN RAUTIO: It's just the ordinance. There's no summary; it's just an ordinance, which I find fascinating in itself. And we're having a conference here. MR. BELLOWS: Madam Chairman, it's come to my attention we have a problem with that camera up there, and we were wondering if we could take a little break so we could get a repairm an on that camera or if you mind having him work while we continue. COMMISSIONER RICHARDSON: It wont bother us. Let him work on it. CHAIRMAN RAUTIO: Well, I guess we'll do that, Mr. Richardson. Thank you for speaking for me. COMMISSIONER RICHARDSON: Sorry. I didn't -- CHAIRMAN RAUTIO: How long will it take to -- five minutes, ten minutes? FEMALE SPEAKER: I have no idea. We'll have to get up there -- he has to get up there and see what the problem is. CHAIRMAN RAUTIO: He can go -- Page 109 January 3, 2001 6J 1 FEMALE SPEAKER: He'll be very quiet. CHAIRMAN RAUTIO: As long as it doesn't interfere with the court reporter -- FEMALE SPEAKER: No, he won't. CHAIRMAN RAUTIO: -- we can continue. FEMALE SPEAKER: Nobody will even know he's there unless you look at him. CHAIRMAN RAUTIO: Well, we certainly have been entertained by that camera on more than one occasion today and other meetings. So go for it, and we'll continue. Thank you. FEMALE SPEAKER: Thank you. COMMISSIONER RICHARDSON: Madam Chair, I apologize. CHAIRMAN RAUTIO: That's quite all right. I just wanted to point out that I thought I was Madam Chair. Mr. Bellows, you have a presentation for the Land Development Code information we have before us. MR. BELLOWS: Yes. For the record, Ray Bellows. Susan Murray asked me to present the Land Development Code amendments today. I guess the first one that we're going to be looking at is Section 2.1.15, prohibited uses and structures. This is Item 6. "In any zoning district, where the use list of permitted and conditional uses contains the phrase 'any other use which is comparable in nature with the foregoing uses and is consistent with the permitted uses and purposes and intent statement of the district' or any similar phrase which provides for a use which is not clearly defined or described in the list of permitted and conditional uses, which requires the discretion of the Planning Service Director or other staff as to whether or not it is permitted in the district, then the determination of whether or not that use is permitted in the district shall be made through the process outlined in Division 1.6, interpretations." Page 110 January 3, 2001 6J 1 COMMISSIONER ABERNATHY: What does Division 1.6 say? MS. STUDENT: Well, I -- I guess I can address it since Ray's pinch-hitting for Ms. Murray. But Division 1.6 is the provision that requires interpretations of land -- of the land code, and its a whole process that you go through where you ask for a formal interpretation from staff. They give it -- notice is sent out to surrounding property owners. And if somebody has an issue with it, it goes to the Board of County Commissioners, and they bless it or they don't bless it. And if there's further problems, it can be appealed further. And, Ray, correct me if I'm wrong, but I believe that Susan presented the idea that this was going to be presented to the Planning Commission to the Board of County Commissioners, because this was an add -on, if you will, in this cycle. And that's why its coming to you now in this format, so it can still get caught up in this cycle. And I believe that the Board of County Commissioners wanted to look at this as a conditional use. And I don't know if Susan has any notes to that effect. MR. BELLOWS: No notes. MS. STUDENT: But that's a recollection that I have from the county commission meeting on December the 19th. COMMISSIONER ABERNATHY: The minutes -- or the summary we have of a commission meeting in December, there are two or three items where Bruce Arnold -- I mean Bruce Anderson or somebody else is appealing decisions that Susan made. Is that in a somewhat similar vein to this? MS. STUDENT: I think that what you're referencing is the -- is the -- has to do with the Blind -- what's called the Blind Factory; COMMISSIONER ABERNATHY: Blind is one and there's -- MS. STUDENT: And this was to get at the situation created there because there was this language in the PUD document for that Page I11 January 3, 2002 16J1 area. And a planner made an interpretation of that language, and then it was given to the property owner, and they went out and -- they didn't go so far as to, you know, get the project built yet, but they did some things that in -- they alleged they did some things in reliance -- they alleged that they did some things in reliance on it that gave rise to the whole procedure that went to the county commission. COMMISSIONER ABERNATHY: Well, the bottom line of this is that the planning services director doesn't rule upon -- MS. STUDENT: Right. We have -- and the reason that catchall language is there -- and I think we've had some discussion today that's instructive on that point. But when you do your list of permitted uses under a particular district, you can't think of every conceivable thing that might encompass. And, in fact, because of changes in technology and things as you will -- I mean, now we have computer stores, and maybe if you look at a real old PUD document someplace, you might not have computer stores in there because when that was approved you didn't do computer stores. So that catchall provision is in there to catch those situations where you couldn't have possibly thought of a use in the list that's there or just wasn't thought of but is comparable and compatible, and that's why that's there. So this is an extra safeguard to bring it through that interpretation process. COMMISSIONER ABERNATHY: If somebody disagrees with the -- MS. STUDENT: And if somebody disagrees with it, they have a point of entry in the process. Is that a pretty fair explanation, Ray? MR. BELLOWS: Yeah. I'd just like to point out that's the typical language that many PUD documents have, too, that we've kind of borrowed that language from. And I'd also like to point out that the first Board of County Commissioner hearing did hear this particular item, and they preferred the conditional use process rather Page 112 January 3, 200216JI than the interpretation process. That was their comment on this particular item. CHAIRMAN RAUTIO: That's what I'm trying to clear. Are we talking about conditional uses process, or are we actually talking about this whole interpretations, 1.6. I'm confused. MR. BELLOWS: I think the intent is that instead of having it be -- go through a Division 1.6 or -- for the interpretation, official interpretation, that the use would, therefore, be considered a conditional use and then go through a public hearing process. MS. STUDENT: And I think what we might have to do, and I'm going to -- because the Board of County Commission meeting occurred just before the holiday. And I'm going to have to sit down and discuss it a bit, but we -- if this involves a change in the list of conditional uses, we might have to have some additional hearings, and we're going to have to sort that out. We might bring it through this time and then just do the additional hearings the next time to, you know, clear it up. But I would envision that -- as the board was envisioning this, that this language would find its way into the conditional use list, then, that -- and that would ensure that it would come before this body and the Board of Zoning Appeals. Or once we have the hearing officer, it would go there. CHAIRMAN RAUTIO: Okay. And I just wanted to comment that I attended the Development Services Advisory Committee meeting yesterday, and this did come up. And Mr. Dunnuck made a presentation, and I, too, stumbled over the -- where is it going, conditional use aspect? Is it the interpretation? So I did look up the section. And I'm truly not clear on what the board is asking to be done, and I am even less clear listening to today's explanation than from what Mr. Dunnuck said yesterday. And I did bring this piece of paper with me just so I'd have an idea of what he was talking about. But I wanted to make it clear to the commissioners up here that Page 113 January 3, 200216J1 in this Division 1.6, it does have a Section 1.6.2 called "Initiation," and it says, "An interpretation may be requested by any affected person, resident, developer, landowner, government agency or department, or any person having a contractual interest in land in Collier County." So this is something that I have a feeling people are going to start wondering what's going on, and people in our public participation will understand this a little more and start possibly making some requests for some interpretations if they don't understand. And we'll need to be careful that we have a set of procedures that work through something that's not going to be really burdensome, but can be productive, to clarifications. MS. STUDENT: Well, in all likelihood, the way I would envision this happening is it would be the property owner, more than likely, that would come in because they want to do something with their property. And they may not have one of the uses on the list, but they think what they want to do is comparable to what is on the list and also compatible. So then rather than just ask staff to write them a letter, they would go through that -- if it went this route, they would go through the formal process. They'd pay -- there's a hundred - dollar fee -- MR. BELLOWS: That's correct. MS. STUDENT: -- hundred- dollar fee for staff to write them the letter as to whether or not what they propose is comparable in nature to that zoning district and whether it's compatible, because there's two aspects to it. And then if -- I think the notice is sent out to property owners within a certain range of where the subject property's located. So if any -- what the staff determination is -- and it's also advertised, I believe. So then people in the surrounding area have notice of what staff interpretation was as to that particular use, and then they have the ability to appeal that to the Board of County Commissioners. That Page 114 January 3, 2001 6J 1 would be -- they would appeal staff s determination as to whether that use was comparable in nature and compatible to the Board of County Commissioners. So there would be -- if there was a problem with it and the public is notified of it -- so they would be notified -- then there is a process for them to appeal. In the conditional use situation, there would be a little enhanced procedure because you would have to have some meetings and -- with concerned citizens. It would come here, and then it would go to the Board of Zoning Appeals. MR. BELLOWS: Yeah. And if I may, they would have to go through the public information process, just like any conditional use would, just to make that use a permitted use via the conditional use process. COMMISSIONER ABERNATHY: Insofar as this language that I guess we're going to be asked to approve or send forward, what you really want it to say is, in the next -to -the -last line, "in the district shall be made through the conditional use process." MS. STUDENT: Well, that's what -- that was what the board -- COMMISSIONER ABERNATHY: That's what they want? MS. STUDENT: That's what the board wanted. I think staff originally came up with the interpretation process, and it was presented to the board on the 19th. And it was explained to the board it hadn't been to the Planning Commission yet and they would get the benefit of your recommendation at the next hearing that they have on the 9th. But they threw out the idea that it be through the conditional use process. CHAIRMAN RAUTIO: And I'm thoroughly confused as -- COMMISSIONER STRAIN: So am I. CHAIRMAN RAUTIO: -- to why it would go through the conditional use process. I think there's some concepts that I must be missing or maybe the board missed. Page 115 1 January 3, 200 6J1 MR. BELLOWS: Well, I think the concept is you have a use that's not specifically listed in the list of permitted uses. So, therefore, traditionally the current planning manager would make an interpretation; is this use permitted -- consistent with those other uses based on this language that you see here. Now we want to formalize that through the interpretation process. Outlined in Division 1.6, there is a specific process to follow. Instead of -- before we may have just written a letter saying this is consistent where there was no public input in the process. This provides for public input on that process. Now, the Board of County Commissioners, I think, determined that we want to take it -- they want to take it a step further and make it a conditional use process and go through the conditional use process, which requires even greater notification. CHAIRMAN RAUTIO: So, Commissioner Strain, since you have the book in front of you, the conditional use process is outlined in there somewhere and -- COMMISSIONER STRAIN: Yes. I'll have to find it, but yes, it is. MS. STUDENT: Well, I can -- I can explain it, certainly with any additions. But what happens is there's a public participation process now because of the changes that just went through in early fall. Then it goes -- excuse me -- to the Planning Commission, and you make your recommendations. And there are four criteria that you look at in making your recommendation to the board, and that's consistency with the comp plan and the Land Development Code; adequacy of ingress and egress; compatibility; and noise, odor, and glare effects on adjacent properties or, I think, maybe even other properties in the district. And those are the four criteria that you look at in making your recommendation. As you recall, you have the finding of fact sheet where you check those -- each member checks those off and sends it to the Page 116 January 3, 2004 6)1 Board of Zoning Appeals. Then the Board of Zoning Appeals makes the final decision on the conditional use. perfectly COMMISSIONER ABERNATHY: Well, it mak es p y good sense to me. If you have to go through the conditional use process for a listed conditional use, why shouldn't you go through it for one that isn't even listed? It seems to me there's a certain symmetry there. CHAIRMAN RAUTIO: So we want to change "Division 1.6, interpretations," to something that -- h the conditional COMMISSIONER ABERNATHY: Through use p rocess, period, would seem to me to give the county commission the warm feeling that we agree with them, which kind of -- CHAIRMAN RAUTIO: And they can come up with the division -- MS. STUDENT: Yeah. I believe it's -- isn't it 27 -- is it 275? MR. BELLOWS: I can't recall offhand, but well find that language. MS. STUDENT: It's 274 or 275. MR. BELLOWS: The intent is -- MS. STUDENT: Mark, if you've got it there, you can put it on the record. COMMISSIONER STRAIN: 2.7.4. CHAIRMAN RAUTIO: 2.7.4. Thank you• the rest COMMISSIONER STRAIN: I'll rent out my ULDC to of the members on a periodic basis. to fix mine. CHAIRMAN RAUTIO: Mine's I'm still trying Thank you. So then as an observation here, are we going to find ourselves in a situation where there's a whole new category? No. We wouldn't. You'd just come through as a conditional use, and you'd have interpretation, interpretation, interpretation, like three of them. You'd have a conditional use number to them. Page 117 January 3, 2002 6J1 MR. BELLOWS: I think for an example, if a zoning district allowed for a list of retail uses but it didn't include, say, psychiatric facilities and the petitioner thought there was a similar use in there, that he would then file for this interpretation that -- instead of amending the zoning district to allow for that use, he would go through this appeal process -- or interpretation process and ask for staff to make an interpretation; is that use permitted based on being similar to other uses listed in that either PUD zoning district or C -1 through C -5 zoning district? Now, we are proposing to do that through a conditional use now. So we would have that petitioner take that particular use of a psychiatric center and go through the process for that particular site -- so it would be site specific for that property -- and go through a conditional use. COMMISSIONER ABERNATHY: So it wouldn't be engrafted on the list of conditional uses. MR. BELLOWS: No. We're just providing language in the Land Development Code that allows for an interpretation of the use not specifically listed, to go through a public hearing process so everyone has an ability to comment on that particular use. Could be a hospital, could be a hardware store. CHAIRMAN RAUTIO: Do I see something happening that -- with the last one we just did, then, for the health services, the way the numbers were listed, you assumed the span of numbers were there. And the number for the psychiatric hospital fell in that, so my interpretation is that it's in there if we had approved it that way. MR. BELLOWS: That's correct. COMMISSIONER STRAIN: That's correct. CHAIRMAN RAUTIO: So then -- did I hear you say then -- MR. BELLOWS: But the opposite is true. Now that we took that out and they -- somebody ten years from now wants to put that Page 118 January 3, 20016)1 use in that PUD and those SIC codes aren't in there but they have similar, maybe, health center uses or medical office uses, they may try make that link. And the only process we would have would be this p rocess that we're proposing today. So you either would make that property owner go through a conditional use to get that use on that site or go through the appeal or interpretation process. MS. STUDENT: They have another option. They could ask for the land code to be amended to put it specifically in there too. MR. BELLOWS: That's true too. fascinating, then, is I think is fas CHAIRMAN RAUTIO: And what and d there's a corollary to this. Anybody that's looking at a permitted uses and they want to be concerned as a property own er adjoining or someone close -- nearby, they're going to have to understand these SIC codes and probably focus on whether you exempt them in the early part of the process, kind of like we didn t do today. MR. BELLOWS: Well, the -- in a way that's true. But, then again, this is a catchall and creates a process for those uses not specifically mentioned. So if there was a use that didn t get discussed through the Planning Commission and Board of County Commissioners meeting that it turns out the property owner wish es to have or some other property owner or lessee of a site, there has to be a rocess where staff can make a formal interpretation. Now there's - p - right now we have had letters without going through a public process and created all kind of controversy, and we wanted to avoid that as much as possible. So we have several options. As Marjorie outlined, one is amending the code either C -1 through C -5 to allow for that use or make an interpretation process where the petitioner appeals or makes (sic) an official interpretation and goes to the Board of County Commissioners for a determination whether that use is appropriate at Page 119 January 3, 200 6J1 that location. Or a much better way, in the view of the county commission, at least on their first hearing, was maybe through the conditional use process, which has a more defined set of review criteria. CHAIRMAN RAUTIO: And this would not handle the situation, in theory, where you have a PUD that's got the listed uses and they have the codes and it covered, say, for instance, a C -3 and a C -4, if there's a code for a C -5 that's not in there that they want on that PUD, that doesn't apply to this -- this is not how you would try to get that C -5 code into that PUD; right? MR. BELLOWS: That's correct. But -- MS. STUDENT: It wouldn't be comparable in nature. MR. BELLOWS: Yeah. That's the key here, this language that says any other use which is comparable in nature with the foregoing uses." So the list of uses within that PUD, if it is deemed comparable in nature, then he doesn't have to go through a PUD amendment to put that use in there. But the county commission says, "Well, you don't have to go through a PUD amendment; we'll make you go through a conditional use to get that use in there." CHAIRMAN RAUTIO: Okay. COMMISSIONER RICHARDSON: Do you want action on any of the individual items or -- CHAIRMAN RAUTIO: We don't -- MS. STUDENT: I think that's -- I don't think that's necessary. CHAIRMAN RAUTIO: Or do we recommend and find consistency with the comp plan? MS. STUDENT: At the -- when you make your motion. CHAIRMAN RAUTIO: Okay. And I just want to do this because I've been in construction entirely too long. The gentleman that is fixing that camera over there is not standing on an OSHA - approved standing device. It makes me a little nervous. I would Page 120 January 35 2004 6)1 hope e that we have something around here other than that device to do his work. Enough said, in case he falls. --just COMMISSIONER STRAIN: The powers still on too so -- J kidding. MR. BELLOWS: Okay. The next item is Section 2.2.3 of the estates zoning district. This is basically a scrivener's error -type process from a past LDC amendment where it inadvertently said the site must be 20 acres in size for earth mining. It really should have said the site area shall not exceed 20 acres. question? CHAIRMAN RAUTIO: We didn't ask that q MR. BELLOWS: It may have come up through -- CHAIRMAN RAUTIO: You know, maybe -- I'm sorry. Go ahead. MR. BELLOWS: That's all right. ma be that was art CHAIRMAN RAUTIO: I was going to say Y the p of that whole ranting and raving I did because we did& t have person here the first time around to talk about the earth mining, but I think that was one of the thoughts that came through somewhere. But now we've fixed it for sure. it was from that first MR. BELLOWS: That's it. I think go- round. Okay. The next on the list is Section 2.2.12.1. This is the purpose and intent section of the commercial professional district. and intent and This section deletes some language for the purpose me to read replaces it with the language -- I don't know if you want through the entire list or -- do you have it there? But basically we're putting uttin in a new definition of -- (as read): "The C -1 commercial professional office district is intended to allow a concentration of office -type buildings and land uses that are most compatible with, and located near, residential areas. Most C -1 commercial professional and general office districts are contiguous to, or when Page 121 January 3, 200216J1 within a PUD will be placed in close proximity to, residential areas and, therefore, serve as a transitional zoning between residential and higher intensity commercial zoning districts. "The types of office uses permitted are those that do not have a high volume -- traffic volumes throughout the day which extend into the evening hours. They will have morning and evening short -term peak conditions. Market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring interjurisdictional and regional market support. "Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain professional services shall be permitted to provide convenience to office -based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to a singular use of a building. Housing may also be a component of this district as provided for a conditional use and as further provided to meet the goals and objectives of the office and infill commercial subdistrict provisions of the Future Land Use Element of the Growth Management Plan." COMMISSIONER STRAIN: Madam Chairman, we probably could have read this ourselves. I'm wondering if we could just save Ray the effort and just tell him if we have any objections to it and expedite this whole process. CHAIRMAN RAUTIO: Right. And I would just sort of suggest from an editor's viewpoint that you eliminate the word "close" in front of "proximity," because that technically says "close closeness," because that's what proximity means. MR. BELLOWS: Okay. I'll make that note here. COMMISSIONER WOLFLEY: And in the first sentence, "profession" should be "professional." CHAIRMAN RAUTIO: Oh, you're right. It should have an a -1 Page 122 January 3, 2001 6J 1 on it. MR. BELLOWS: Okay. The next one is Section 2.2.13, commercial convenience district, C -2. This added that language. CHAIRMAN RAUTIO: Any comments? MR. BELLOWS: If you've read it, do you have any comments? COMMISSIONER STRAIN: I don't have any comments. MR. BELLOWS: The next one? CHAIRMAN RAUTIO: Next one. MR. BELLOWS: Is Section 2.2.14, the C -3 zoning district, strikethrough and underlines. CHAIRMAN RAUTIO: Any comments? Acceptable. MR. BELLOWS: Okay. Section 2.2.15 -- roved COMMISSIONER ABERNATHY: The thing we Just approved would be a commercial intermediate district then, wouldn't it, except it's a PUD? MR. BELLOWS: That's correct. And that was the intent of -- just a sidebar on that one. The PUD document did say, under general purpose of intent of what that was, is intermediate retail, which is � the C -3 detail. That's, I believe, where Chahram got similar to C -3. CHAIRMAN RAUTIO: It's a good observation. MR. BELLOWS: Okay. The next one is Section 2.2.15 1/2. It's the heavy commercial district, C -5. CHAIRMAN RAUTIO: I thought we had -- MR. BELLOWS: Did I miss one? CHAIRMAN RAUTIO: Four. COMMISSIONER WOLFLEY: C -4. MR. BELLOWS: 2.2.15 is the C -4 then. heads CHAIRMAN RAUTIO: Right. We're all shaking our yes, so you can move on to the next one. MR. BELLOWS: Okay. The next one is the C -5. CHAIRMAN RAUTIO: 2.2.15 1/2. Page 123 Janua ry 3 200j 6J 1 MR. BELLOWS: That's it. And that's it. CHAIRMAN RAUTIO: Looks good to me. So we actually need a motion to accept these that refers to the consistency with the comp plan? MS. STUDENT: The motion would be to recommend approval to the board and, as part of that motion, a finding of consistency with the Growth Management Plan. COMMISSIONER STRAIN: I so move. COMMISSIONER YOUNG: Second. COMMISSIONER ABERNATHY: Second. CHAIRMAN RAUTIO: We have a motion by Commissioner Strain, a second by Commissioner Abernathy to approve these amendments -- excuse me -- recommend approval of these amendments to be consistent with the comp plan and forward them. Any questions? MR. BELLOWS: And does this include the recommendation that it be -- the first one, 2.1.15, be via conditional use? COMMISSIONER STRAIN: Yes. aye. COMMISSIONER RICHARDSON: Yes. CHAIRMAN RAUTIO: Yes. COMMISSIONER ABERNATHY: Yes. CHAIRMAN RAUTIO: Any discussion? All those in favor say (Unanimous response.) CHAIRMAN RAUTIO: Those opposed, same sign. (No response.) CHAIRMAN RAUTIO: Motion carries. We are now at Item 9, old business. Commissioner Adelstein, you have the update. COMMISSIONER ADELSTEIN: Yes. I had many conversations with Jody. I won't go into what they were. Page 124 January 3, 200 6J1 CHAIRMAN RAUTIO: And Jody is? planning COMMISSIONER ADELSTEIN: From the -- in the p g commission office where I was told by -- that's the woman I was told to contact. MR. BELLOWS: She's the community development services administrative -- COMMISSIONER ADELSTEIN: What's her title? MR. BELLOWS: Administrative assistant for planning services. CHAIRMAN RAUTIO: Thank you. __ the bottom line COMMISSIONER ADELSTEIN: The down five of is yesterday I got notified that they are being shipped today, fi them, and that they will be in her office by Tuesday and that I will be called that they're there, and we'll make arrangements for them to be delivered. Also, on the date of delivery, she's ordering three additional copies. COMMISSIONER ABERNATHY: LDC? I not COMMISSIONER STRAIN. That's only eight so far. Am getting one? COMMISSIONER ADELSTEIN: I'm sorry. I didn't hear you. COMMISSIONER STRAIN: There's nine of us. Mine is -- as Marjorie just pointed out, my supplement -- this is not an updated version. I'm running off an old one I -- that there were COMMISSIONER ADELSTEIN: I was told only eight needed. Now, I can make -- when I talk to Jody Tuesday MS. STUDENT: Mr. Budd may have one. COMMISSIONER ADELSTEIN: What? CHAIRMAN RAUTIO: Mr. Budd should have one. MS. STUDENT: Mr. Budd may have one. I have one CHAIRMAN RAUTIO: Mr. Abernathy has one. Page 125 January 3, 200216)1 and I -- COMMISSIONER ABERNATHY: That one's out of date. CHAIRMAN RAUTIO: He wants a brand -new one. Well, I've done the torturous update on mine, and I think I'm going to be pretty accurate, so eight will work. COMMISSIONER STRAIN: I know mine, as of today, is not accurate. Marjorie actually pointed out some supplements I'm missing. CHAIRMAN RAUTIO: Then I might have to have Marjorie look at mine also. Okay. So eight we know of for sure. COMMISSIONER ADELSTEIN: Eight will be here. We know they're going to have five of them here by Tuesday. I will stay on it to make sure that the additional three are ordered and delivered. CHAIRMAN RAUTIO: And those -- COMMISSIONER WOLFLEY: Thank you. COMMISSIONER STRAIN: Thank you. CHAIRMAN RAUTIO: -- five come to you, to Commissioner Young. COMMISSIONER ABERNATHY: The people who don't have anything at all. COMMISSIONER ADELSTEIN: Right. CHAIRMAN RAUTIO: Commissioner Wolfley. Nothing at all. Okay. And, Mr. Richardson, you do have -- COMMISSIONER RICHARDSON: Yes. CHAIRMAN RAUTIO: -- at least some format of one. COMMISSIONER RICHARDSON: Yes. CHAIRMAN RAUTIO: Thank you. Okay. Very good job. We should have assigned that to you two months ago. COMMISSIONER RICHARDSON: Another comment on old business? CHAIRMAN RAUTIO: Well, yes. The meeting space was the Page 126 January 3, 200 6J 1 next item, B -- COMMISSIONER RICHARDSON: Okay. CHAIRMAN RAUTIO: -- that Commissioner Strain brought UP- COMMISSIONER STRAIN: Well, that may not be necessary if I could bring up another issue. CHAIRMAN RAUTIO: Go for it. COMMISSIONER STRAIN: Okay. And it's Ken's suggestion to take a look at Escambia's -- County's way they do ex parte communication. See, when someone calls and wants to talk about something being presented, I feel obligated that we have to give them the time. However, if it was just outlawed altogether, it sure would make things a lot smoother. MS. STUDENT.: I think what we're going to have to do, there's a state statute that allows for it, and the prior direction that we had was to go forth, and we did, with the resolution in 1995. Ill talk to Mr. Weigel about how he wants to proceed. I don't know if there may be any problem with the Planning Commission not taking any, but if the Board of County Commissioners wanted -- I don't know if that p resents a problem, so I will need to discuss it with Mr. Weigel. And, you know, we will get back with you on that. But my concern is that as part of an entire process -- say, fo r example, you have a conditional use, and you -all don't do ex parte on the conditional use, but it may -- I don't know what the wish of the Board of County Commissioners may be. But I have a concern that if it's "no" here and something else further up the line, do we have a problem? I don't know if we have a constitutional problem with that or not. That's -- those are things I need to discuss with Mr. Weigel, but we'll certainly take that -- I will do that. resolution in COMMISSIONER ABERNATHY: What was the '95? Page 127 Janua ry 3 200216J1 MS. STUDENT: Yes. It was -- COMMISSIONER ABERNATHY: To open the process or -- MS. STUDENT: What happened there was a state -- there was a case out of Dade County that involved a variance, and there was an ex parte contact. And the Court didn't say that ex parte contacts make the thing void. They said it creates a presumption -- COMMISSIONER ABERNATHY: Yeah. MS. STUDENT: -- that it was tainted. And what you have to do is go through another hearing and so forth. So the State of Florida came up with legislation on this that provided that a local government could allow the ex parte with some safeguards, and that being the disclosures. So at the time the county -- what the county decided to do -- and it was a resolution passed by the Board of County Commissioners -- was that they would do the ex parte -- allow for ex parte with disclosures. And then in that resolution -- and I believe in the -- I don't know if the state statute -- state statute probably says something about advisory bodies too. But that was made applicable to the advisory bodies in the resolution as well. So my only concern -- and I need to discuss it with Mr. Weigel -- is if we change part of the process, are we somehow bootstrapping it onto the Board of County Commissioners or Board of Zoning Appeals process? Do they want to go there? And those are things that we'll have to discuss, but we'll take it under advisement. COMMISSIONER ABERNATHY: Well, point out to Mr. Weigel that we're a volunteer advisory board, not even paid a dollar a year -- MS. STUDENT: Right. COMMISSIONER ABERNATHY: -- and the county commissioners are paid handsomely to hold fewer and fewer meetings. Page 128 January 3, 2106 J 1 .1 MS. STUDENT: I understand. s to me you could COMMISSIONER ABERNATHY: It seem er right to distinguish between the two, where a person has a great g f approach his elected representative than he does some bunch o advisory committee volunteers. MS. STUDENT: No. I understand, but we want to look at -- COMMISSIONER ABERNATHY: First of all, see if the majority of us want to go that way. COMMISSIONER RICHARDSO N: And Madam Chair, if I just might supplement that, I was struck by one of the comments of the public today saying I didn't know we could talk to you. I thought that we were -- you know, couldn't do that. And that may be a that's out there that, you know, maybe we should honor. perception feeling is that In -- because it does -- the way the process is now, my you it gives the developers an unfair advantage in the process. know, that's just my perception. MS. STUDENT: Well, that's the idea behind a disclosure, because if you disclose with whom you spoke or got a written communication or an e-mail or whatever and the substance of it, that gives the other individuals an opportunity to rebut. COMMISSIONER RICHARDSON: Well, it does and it doesn't. COMMISSIONER ABERNATHY: It's only a partial remedy, really. COMMISSIONER RICHARDSON: It's a matter of timing and impact and influence. COMMISSIONER YOUNG: I agree. I feel that if they -- they have their secretary -- they've got my telephone number. They have m e -mail number, which the general public doesn't have. And when y I feel the secretary calls and asks me to set up an appointment time, morally obligated to do so. I think we'd be better off if we abolished Page 129 January 3, 200216)1 it. COMMISSIONER RICHARDSON: Plus the -- just recognize now that the other side of the shoe is here -- the other side of the shoe -- is that it would put more -- it will put more pressure on staff because what -- part of what we're getting from the applicant is information that we're not currently getting from staff or that we have to ask questions about. And I think if we really remove ourselves from the process -- and I'm not fighting that -- then I think staff has a higher responsibility to provide us information that would allow us to do our j ob. CHAIRMAN RAUTIO: And staff would have a higher responsibility to have someone in a supervisory capacity review and make specific comments to include what we need in the PUD -- I mean in our executive summaries. And I will harken back to the Silver Lakes example -- probably will not give up on that one for a long time -- because it was somewhat distressing for me to go to the opponent's attorney to find out that the storage issue was the big issue. And we need to clarify some of those types things, probably in our executive summary, or have a way to summarize what it is that the people are objecting to as they come in. It's more of a burden on staff, but I also understand that with the public participation, that any comments and commitments and that done at those public hearings will come, in some form, to us in writing, possibly side sheets or that type of approach, where we can actually review what it was they were talking about. And I'm telling you, that could be very creative on the part of staff to try to interpret what some of the comments are, having experienced that one public participation public hearing just recently. It's going to be a fascinating effort to be able to do that, but it'll at least help us know what those issues are. MS. STUDENT: Well, I will discuss that -- discuss it with Page 130 January 3, 200216)1 Mr. Weigel and report back at the next meeting. COMMISSIONER ABERNATHY: I think we have a consensus. is an important issue, an important legal MS. STUDENT: This issue. So we just -- we want to thoroughly look at it. COMMISSIONER ABERNATHY: Well, how about asking Mr. Weigel if, as a matter of policy, the county doesn t want to change that '95 guidance, cannot we, as individuals, make an individual choice not to engage in ex parte? MS. STUDENT: I'll consider that aspect as well. COMMISSIONER RICHARDSON: I believe he's already on he record on that. When we had the ex parte discussions, he said t ou've of to disclose it. you could do it or not do it. But if you do it, y g But he left it up to us to do it. But I think we were looking for more of a uniform approach to this if we could. MS. STUDENT: And what would happen, the resolution would have to be changed. We'd have to have the Board of County Commissioners change the resolution. Easy. COMMISSIONER ABERNATHY: Easy. this under CHAIRMAN RAUTIO: Any further comments on , old business? Item No. 10. COMMISSIONER STRAIN: One other -- one other old business. Sorry. I did find out the minutes from our ULDC meetings, our hearings, were sent to IT very shortly after they were -- after our meetings occurred. So they've been there for quite some time which means it's not -- I'm wondering how we get them. Ray, if you know. MR. BELLOWS: Get the minutes -- CHAIRMAN RAUTIO: Before you answer -- MR. BELLOWS: -- from the last ULDC . Page 131 January 3, 200216)1 CHAIRMAN RAUTIO: Right. Before you answer, Laurie Oldham is working very hard on that because they're supposed to be e- mailed to, I believe, Susan Murray, and they had not -- that had not occurred at all. And so Susan is the point person, I believe, and then she has to say, okay, download or print, whatever, and that's part of the problem. The 28th of October 2001 was the last LDC that made it even to the Web site, so they're way behind in it. COMMISSIONER STRAIN: Okay. Well, it's important that -- if we're going to keep following up things, we need to have those minutes. CHAIRMAN RAUTIO: So we'll keep that -- when the agenda is made for this next time, under old business please put A as the availability of the Land Development Code. We'll have a further update on that. And B would be the process for getting the LDC minutes. And hopefully they'll show up on the front part of the agenda under approval at the January 17th meeting, which approval is Item 4. But if they don't -- actually, even if they do, to get the explanation of how that process works so we don't have this in the future, can go as B under old business. Commissioner Richardson. COMMISSIONER RICHARDSON: Madam Chair, another item under old business just occurs to me. I did make arrangements for the personnel pack for each of us, that is the application that each of us made to serve on this august body, and that was said to have been forwarded to Ms. Murray. Now, I realize with the holidays and stuff, we've got -- but perhaps, Ray, you could check on that and see if that packet might be made available to the members. MR. BELLOWS: Sure. COMMISSIONER ABERNATHY: Moving right along. COMMISSIONER ADELSTEIN: New business. CHAIRMAN RAUTIO: New business now. COMMISSIONER ADELSTEIN: I don't have, for example, the Page 132 January 3, 200216)1 Golden Gate Master Plan, nor had I heard of it until we went through this P articular PUD. I don't even know what to ask for because I don't know what's available, and without it, I was curtailed on this last PUD. These things that -- when we come in new, you know what is out there for us to have; I don't. But I do feel that I should be given t equipment he e ui ment to do the job I've been asked to do. Now, I could have used this this last weekend. There are others that'll come up in the future, I'm sure. Ray, is it possible for you to put together a list o what a commissioner should have and then make arrangements for us to get it? MR. BELLOWS: Well, I'll discuss it with Susan Murray. We have a list of the Growth Management Plan items that s easily download -- transferable to the Planning Commission. The ability to et it -- because some of it's quite large, and that may take some time. g Ho efully it's not as long as it takes to get the LDC, but that's p COMMISSIONER ADELSTEIN: Some of us wont be serving that long. MR. BELLOWS: -- handled through the comprehensive planning department. MS. STUDENT: I think what's needed is not the whole -- the adoption notebook is probably what's needed, and I thought the Planning Commission had that. They should have had it. It 1c in house from the comprehensive planning department. MR. BELLOWS: That's what I was about to say. The comprehensive planning department, we can get a -- the adoption notebook, but there's larger volumes of it and more specific detail, but maybe the adoption notebook -- document that DCA looks MS. STUDENT. That's the support adopted at to see if the goals, objectives, and policies, and the portions are based on data analysis. And unless a planning commissioner had a specific question as to the background of a Page 133 January 3 , 200216)1 particular part of the comp plan that's adopted, that's available there. I don't think we need to get that whole set. I think the adoption notebook is -- should be sufficient. CHAIRMAN RAUTIO: Thank you. MS. STUDENT: And, by the way, for the record, the Golden Gate Master Plan is an element of the Growth Management Plan, just to put that on the record. COMMISSIONER STRAIN: But it is in the adoption notebook. I've -- so that would work. CHAIRMAN RAUTIO: Okay. Number 11 is public comment. No more new business? I see only staff left out there, so there's no public comment. No discussion of the addenda for No. 12. So I'll entertain a motion to adjourn. COMMISSIONER RICHARDSON: So moved. COMMISSIONER YOUNG: Second. CHAIRMAN RAUTIO: Okay. We are adj ourned. Thank you very much. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:01 p.m. COLLIER COUNTY PLANNING COMMISSION JOYCEANNA J. RAUTIO, CHAIRMAN Page 134 January 3, 200216J 1 TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY BARBARA DRESCHER, NOTARY PUBLIC Page 135 16J1 TRANSCRIPT OF THE MEETING OF THE DEVELOPMENT SERVICES ADVISORY AD -HOC COMMITTEE Naples, Florida, January 9, 2002 1A jF All LET IT BE REMEMBERED, that the Development Services Advisory Ad -Hoc Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:20 p.m. in REGULAR SESSION in Conference Room C, Development Services Building, 2800 North Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dino J. Longo Charles M. Abbott Dalas D. Disney Denny Baker C. Perry Peeples, Esq. Peter H. Van Arsdale Ed Riley ABSENT: Thomas R. Peek ALSO PRESENT: Tom Kuck, Planning Services Ed Perico, Building Review Fiala✓,- - Carter Henning f_. Coyle RECEIVED colons 3l Donovan iC,ciu:rit: Reportinq, Inc. FEB 12 2002 Board of County Commissioners (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 2 CHAIRMAN LONGO: The meeting is called to order. What I want to do first is just let you know that Todd can't make it, but if we need be, we'll get him on speakerphone. And anything that he has to address or specific issues or permits or whatever, he can -- he can get on the phone. Denny, go ahead, and let's lay out format for the meeting. MR. BAKER: What the purpose of this meeting is, Dino mentioned -- Denny Baker -- last time at DSAC, the full DSAC meeting, was to look -- concentrate our attention to the turnaround times for permitting and planning. And what I would like to do is to formally set out some standards or you guys formally set out some standards for turnaround times for permitting and planning that we can -- that the individual groups can group for and in budgeting for the next fiscal year just around the corner, give consideration to resources, both human resources and electronic resources that would -- that are required to meet those standards that you guys set out. I'd like to kind of work backwards, look at what the experience has been for permitting and planning, have a discussion about what is acceptable to you guys, what -- what expectations you guys want us to shoot for, and then work backwards and have a conver Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16JI 3 -- conversation about resourcing. And we were talking earlier, for example, about look -- what I would want to do is look at the reengineering, take a reengineering look at the planning side and look at things like why is an architectural review required in the planning review or why are paint specs required in the planning review process when that -- that more relates to construction and look at that process from an engineering point of -- a reengineering point of view to see if there's some ways we can improve the efficiencies and increase the turnaround time in planning that by, perhaps, moving some of those functions from planning over to permitting, in other words, horizontal versus vertical. So that's the way I view it, you know, if that's acceptable to you. CHAIRMAN LONGO: Is that acceptable to everybody else? MR. PEEPLES: Sure. CHAIRMAN LONGO: Okay. Let's move forward. MR. BAKER: What I'd like to do, the easiest part -- the easiest side of the equation to look at first are commercial permitting. And I think in your package you should have a schedule, a graph like this (indicating) . Donovan Court Reporting, Inc. (941) /9.i -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 E:l 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 4 MR. ABBOTT: That's not in here? MR. VAN ARSDALE: I didn't see it. MR. BAKER: Okay. What I'd like to look at first is this single page. It says commercial permits issued, and this is the turnaround time for commercial permits from Ed's area, Ed Perico's area, for the calendar year January 1 through December 31, 2001, for the comparison to the same period for the year 2000. CHAIRMAN LONGO: Is this commercial building permits? MR. BAKER: Yes. CHAIRMAN LONGO: Okay. MR. BAKER: Then on the right side of the graph represents the total turnaround time, the average turnaround time, for all permits during this 12 -month period, showing that there was a -- a one -day improvement from 20.2 days -- these are workdays -- in the year 2000 to the year 2001, which showed a drop down to 19 business days, roughly 4 -man weeks or person weeks. Across to the left side of the chart, the bigger part of the chart, shows the different functions or review functions within the total process starting with the customer service agent receiving it out front, again, comparing the first bar is 2000. The Donovan Court Reporting, inc. (y41) /y_�-uezl 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E li 1� lC 2( 2: 2: 2: 2 2 16J1 5 second bar is 2001. Moving on to electrical, which showed an increase of 6/10 of a day year to year, planning and a drop of a half a day. Structural held the same at about 8 -- 8.3 days. Plumbing showed a drop. Mechanical, there was a fluke in the system, and I couldn't get good numbers. Engineering showed a drop. Environmental health showed an increase in fire, held steady at 5.2 days. Again, these are workdays. Not -- not really any drastic major changes from year to year. CHAIRMAN LONGO: So this was for all commercial building applications from a storage warehouse to a multistory high -rise? MR. BAKER: Yes. CHAIRMAN LONGO: Okay. MR. BAKER: Agreed, there's an average of the different complexities and -- yes. MR. ABBOTT: This over here, this is all permits or just all commercial? i MR. BAKER: All commercial permits. MR. ABBOTT: This is a combo of everything. > MR. BAKER: This is a combo of everything. 3 MR. ABBOTT: Okay. Now -- now, environmental health, who is that? That's not the septic tank people? Donovan Court Keporzing, inc. t�­) 1 -­­ 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 6 MR. KUCK: Uh -huh. MR. ABBOTT: It is? MR. KUCK: Yes. MR. ABBOTT: They look at every one of them. MR. BAKER: I think only the ones that require, like, a restaurant obviously or -- MR. ABBOTT: Grease traps. CHAIRMAN LONGO: Mostly grease traps are commercial. I don't know too many commercial buildings on septic. MR. BAKER: Tom, are you talking about engineering inspections? MR. KUCK: No. On the environmental health, they look at them, I think, in the event there would be a septic tank or well involved. Grease traps are looked at either through our engineering or transferred over to the building department. MR. ABBOTT: Well -- because I think that septic tanks and commercial buildings almost don't get along, do they? I mean, I've had very little that I've done as remodels. They've always had sewers, but I'm just curious as to why, if we're taking this amount of time out of it for environmental health, because they don't even belong to anybody in this room, do they? That's a state agency. Donovan Court Reporting, Inc. (yMi) 1y)J -0001 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 2 2 16JI 7 MR. PERICO: Well -- MR. BAKER: It's part of the review process, nevertheless. So it takes time to go -- for that to go through. CHAIRMAN LONGO: Okay. So that would be one of those line items that we look at as to why it's in there. MR. BAKER: No different than fire. We don't control fire, but it's part of the review process. CHAIRMAN LONGO: Whether we need it or not for whatever the application. Okay. MR. VAN ARSDALE: Yes. Some time ago we filled out or marked up a spreadsheet with some standards that we shot. CHAIRMAN LONGO: It's in your packet. MR. VAN ARSDALE: Which -- I mean, like this (indicating). CHAIRMAN LONGO: Yes. MR. VAN ARSDALE: Yeah. But I thought we had done -- this is all planning. CHAIRMAN LONGO: That's what we're talking about today is planning. 3 MR. VAN ARSDALE: Isn't this -- this is a 4 building? 5 MR. BAKER: Permitting. Yes, that's building. Donovan Court Reporting, inc. �94i) /y)j -uuz! 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1E 1 1. if l� 2( 2: 2; 2. 2 2 16J1 8 MR. VAN ARSDALE: This is building, not planning. MR. BAKER: That's correct. MR. VAN ARSDALE: So -- but I know we did this for building, too, like a year ago at least. And it just seems that -- and I think we had come up with a number in the range of 11 1/2 days it was something like when we looked at what could be done on a simultaneous basis. And I -- and I think what would be helpful is for us, as -- as this group, to sort of set the standard. I mean, I keep going back to what we agreed on, which was a ten -day -- I don't know if it goes back to when this building was originally -- the concept was approved and the system was going to be for a two -week turnaround. I don't think we've ever made it. And I guess what it seems to me that we should work on as a -- as a subcommittee is, okay, you know, is that a reasonable level, or we came up with 11 1/2 days, which I think would be fine. And then this -- the real meat and potatoes of getting it to work is something that really is a staff function, and then we should -- I think we should then see a staff proposal of what it takes to get it done and a 3 soup -to -nuts staff proposal; in other words, it needs I so many warm bodies, it needs so much office space, it needs -- in other words, here's -- here's the budget Ill A, \ 7n�_nnO1 Donovan (-ourL rcePUL Lliiy, 111 .. � ­/ - --- --- 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16JI 9 implications and just something that we could then say, good, this is -- you know, you guys say you can do it if you have these resources. We, you know, endorse this project, take it to the DSAC, take it to the -- through the department heads and -- and get it approved. MR. BAKER: Right. MR. VAN ARSDALE: And I -- I guess that's what I -- I mean, that to me is a reasonable approach to this, that we sort of set the goals rather than try and get into saying, well, gees, you know, couldn't we turn plumbing around and, you know, and -- in 2.2 days instead of 2.8. It's -- it's almost irrelevant to us as end users. We care about like the day -- the day we drop it off and the day it comes out. And I'll be honest -- and even to me, I don't think the average is nearly as important as the numbers that exceed the average, in other words, how many times have we missed the target and -- and then try and identify why. Is it because of lousy plans or because of abnormal work loads or have a way to really track it and then zone on those and -- and -- and then, also, we would know what -- what we're hitting. But I guess that's the approach that I'd like to see us take. MR. BAKER: Uh -huh. Donovan Court Reporting, Inc. (y41) /y-�-UUZi 2668 Airport Road South, Naples, FL 34112 1 2 3 CAN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 10 MR. VAN ARSDALE: I don't know. Commercial, like, to me, ten days -- I think we came up with 11 1/2 days when we sort of tried to con -- con -- condense that thing, looking at simultaneous -- you know, as many simultaneous reviews that were reasonable. MR. DISNEY: Just slightly over the two business weeks -- MR. VAN ARSDALE: Yeah. MR. DISNEY: -- is what it amounted to, was what the goal was. MR. VAN ARSDALE: And I think we would all be really happy with that. If the 90 percent of the plans could get in and out in ten days -- if we were so good at it, we'd never even call. We'd tell our clients, "Don't bother us. We just took it in. The building department gets it out in two weeks. We'll have it for you in two weeks." And if we can come get it or at least get the first response, we're all -- everybody's life would be a lot easier. CHAIRMAN LONGO: Well, we've got to break that down into that type of permits that you want to see out in 11 1/2 days or 12 days. MR. VAN ARSDALE: I think even the most -- I think what we looked at was, you know, all commercial Donovan Court Reporting, inc. (y41) /y 'j-UULl 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 11 permits and then every -- anything else that may be less involved would be shorter. I know we did that list. I don't know, Ed, if you have it or -- MR. PERICO: I don't have it, no. MR. VAN ARSDALE: -- whatever happened to it. Maybe we could do it again. But I think that's probably where we need to start, almost with a sheet like this (indicating). I know we did it before, same kind of thing. MR. DISNEY: What we did -- and I commented coming in, Peter, that, gee, this looks real familiar and asked the question if this is the update from the markups that we had. And I understand it is not. I have my copy back at my office, and I'm going to take this back and compare where -- where we were before because we had gone through this in, I think, a line -by -line fashion for planning, had a fair amount of this done. We had done the same thing for building -- building permits and had that. It would be awfully nice to see that column of our projected goals in here. MR. BAKER: Right. MR. DISNEY: And, you know, if we adjust it further then we know where we're at and have some sort of a tracking mechanism from it rather than covering Donovan Court Reporting, inc. (y41J /y3 -VUG1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 24 2E 16J1 12 old ground all the time, I -- I would concur with what Peter is saying, is that -- that, really, our -- our target is -- is what the -- what the total duration is more so than -- than the mechanics of making it happen. CHAIRMAN LONGO: You know, we -- we do -- we really do not need to get into the mechanics of how it happens. That really is up to staff and how they make that. We just -- what we don't -- what we need to be careful of is that we just don't set an unreasonable time that they can service, but they're going to come back and say, well, we need 15 more people to do that, so we've got to kind of go into this with an open mind and not an open -end budget as well. MR. BAKER: I think -- I think our duty should be to come back to this group and tell you -- once you set the standards, tell you what's required to meet those standards and then we tweak the resources or tweak the standards or meet somewhere in the middle. CHAIRMAN LONGO: Would you be able to come back to us and, say, for a commercial building permit three story -- I'll just use that as an example -- with the current level of staffing we have right now, with a perfect set of plans coming in, it takes X amount of days to get it out? Donovan Court Reporting, inc. (y41) 1y)J -000l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2-` 24 2_` 16J1 13 MR. PERICO: The problem that we got there, Dino, is the -- depending on the work load that comes in. You know, just like this month here, we got 3,148 permits came in for the month of December. Now, that's going to throw everything so out of context that there's no way in the heck that we're going to be able to, you know, meet the -- meet the demands. I mean, it's virtually impossible, you know, with that kind of volume. I'm about 1200 permits ahead of what you normally take in, you know, for that month where I think it was for the year already I'm 822 permits ahead of last year the same time with the same staff. So everything is growing. If there's a recession in Collier County, I don't know where it's at. CHAIRMAN LONGO: Is that -- is that skewed by December, though? MR. ABBOTT: Absolutely. MR. PERICO: It's skewed, yeah, because of the impact fees we got the -- you know, but this is going to throw it all off. And we've got more impact fees that are going to be coming. We've got the new code that's going to be coming. You know, the only way we're going to be able to meet what you're looking for, in all honesty, is personnel. MR. DISNEY: That may well be where you go but on Donovan Court Reporting, Inc. (y41) !y3 -UVG1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 14 the report that we talked about here, again, those focusing on only those that exceed the goal, there's a footnote there that says the anomaly of this overage is due to the implementation of a new impact fee. Okay. So instead of it being 10 days, you hit 14 days. MR. PERICO: What's happened is -- MR. DISNEY: But it answers the question, and we still have the target there. MR. PERICO: Because that one that asked the previous question before, at one given time we did meet the ten days. We were turning around commercial permits in ten days. We were turning out single families in two days. But we didn't have the volume of work that we have now. And it's steadily increasing. There has not been a sign of anything decreasing, and at the rate I'm going to go this year, it's going to be well over 26,000 inspections, permits for this year or the year coming up, which, you know, we're -- so, you know, believe me, I want to get them out as quick as I can. I see -- I notice by the graph here we did take a drop. But if you also notice, we increased the amount of permits that we took in, and we still took a drop. So something is happening, which is -- you know, it's Donovan Court Reporting, inc. (y41) /ys -UUZI 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 15 a positive, you know, so -- CHAIRMAN LONGO: Peter. MR. VAN ARSDALE: Well, I think one of the points made, if we were two weeks and our number of permits have gone up and have gotten us behind, with the increase in the number of permits has gone an increase, proportionate increase, in revenue, and we should have been able to keep -- you know, it sounds to me like we didn't build the operation to meet the increase in volume that we have. CHAIRMAN LONGO: Yeah. But he -- he can't possibly know what his increase in -- MR. PERICO: We don't know. CHAIRMAN LONGO: -- volume is going to be month to month. MR. PERICO: We don't know what the volume is going to be every month. You know, we -- we do graphs every month and run reports every month to see if there's any trend, and, also, you see if it's peaking, and all of a sudden she drops down a little bit, and here it comes back up again. So you can't adjust, you know, and you just arbitrarily put people on for the sake of putting people on, a demand, so to speak, and then have to let them go. That's what I'm trying to work out a balance somewhere, you know. I mean, you Donovan Court Reporting, Inc. (941) /9J -0001 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 0 1'l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 16 would say do the same thing in business. We all do it in business. You reach a peak. I mean, you just don't start hiring, hiring, hiring; then all of a sudden you know it's going to dive. It's an awkward situation. It really is, guys. CHAIRMAN LONGO: Dalas. MR. DISNEY: Yeah. Looking at the chart here and the 19.1, the drop is nice, almost a percentage point here. Is this -- is this average of 19 days due to your nonconsecutive sequence that you have to go through? I know, Ed, that you're doing as much as you can concurrent as far as the reviews are concerned, but I know you finish your thing, and then it comes back to planning, and a lot of issues -- a lot of issues for the final sign off for planning on -- on permits and things -- I'm trying to get to the point of the 19.1 days even with the reduction. And, I mean, that's essentially eight days over what I remember our goal being, and I'm trying to figure out why -- why we're -- we're there. MR. PERICO: I -- CHAIRMAN LONGO: Well, I think what -- what they have to be able to come back and tell us, as of today, is the maximum amount of permits they can get out of Donovan Court Reporting, Inc. (941) /9.i -UUZi 2668 Airport Road South, Naples, FL 34112 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 17 the current level of staffing, regardless of how many permits come in. MR. DISNEY: That would be a good way. CHAIRMAN LONGO: Okay? So if you can come back and say 15 people can do 1500 permits in a week, okay, then you know you can get -- if you got 1500 coming in that week, you should be able to get them all out in 7 days. But if you've got 3,000 coming out, that allows you to set up for overtime for them to catch up to catch the peaks and then you scale back on your overtime or staff or whatever is necessary to -- to meet the -- the lower demand, if necessary. But proportionately the monies are going to be there, except you're not going to be budgeted for it because your budget is already set. MR. PERICO: Well, see, unfortunately, in the plan review department there is no overtime. All right. In the plan review. MR. DISNEY: Why is that? MR. PERICO: Because they're what they call exempt employees. They're not entitled to be paid overtime. They're only entitled to comp. type, comp. time, compensation time. And I'm not going to give the people comp. time and tell them to work overtime and then tell them to take tomorrow off because they Donovan Court Reporting, Inc. (941) /93 -UU21 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WRI 20 21 22 23 24 25 16J1 18 built up this comp. time. I've defeated the purpose of having them. So they're basically working eight -hour days right now. They are not working any overtime at all. That's including the chiefs and everybody because they're in the exempt status. Now, the only other thing would be we have to get that status changed where they're nonexempt where they can get paid the overtime, but that becomes a whole 'pother issue. MR. PEEPLES: Do you even know if that's possible, because the exempt status is there? You have to meet certain criteria to be there. MR. PERICO: Exactly. That's by HR standards. MR. VAN ARSDALE: But that's a county policy. MR. PEEPLES: No, no. MR. PERICO: Yes, it is. It's a law. MR. PEEPLES: The employment laws have this exempt status where you be a salaried employee and, therefore, not able to earn overtime. In your -- now, the county policy may be eight hours and you're out the door, you know, and -- and the private sector, it might be when you're on salary you still work as long as you need to work to get the work done. People aren't going to like that. I don't -- I don't think you can sell that here. Donovan Court Reporting, Inc. (y41) /y'J-000l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 19 MR. VAN ARSDALE: Yeah. But they're -- I mean, as I understand it, this restriction comes from an administrative decision from the county manager. It's not a labor law that's restricting the use of overtime, because you used to pay them overtime; right? MR. PERICO: Well, straight time. MR. VAN ARSDALE: Straight time. MR. PERICO: But that was something that was done, just what we're talking on here, is it was based on the fact that we had it worked out that the county manager could sign off on it an hour -by -hour basis so they were getting paid straight time for their overtime, which was fine. And everybody was happy with it. And when they did the -- redid the HR policy, all of a sudden this thing surfaced, and they said it was -- we couldn't do it, and they took it all away, I mean, just poof. That was the end of it. MR. VAN ARSDALE: Yeah. But -- MR. PERICO: I understand. But, you know, I have to live with what HR tells me I've got to do. And I cannot pay these people the overtime. MR. VAN ARSDALE: Right. But -- MR. PERICO: You know, no way, shape, or form. MR. VAN ARSDALE: But that's like an issue -- in Donovan Court Reporting, Inc. (y41) /y)J -0001 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 MR] 20 21 22 23 24 2E 16J1 20 other words, that's -- I mean, to me the overtime is how you build your cushion. When you get slammed and if you're paying a guy time and a half, he's happy to do it. And -- and what we got to sort of -- MR. PERICO: I agree. MR. VAN ARSDALE: To me, this analysis, the least problem we have with this entire analysis in the building department is money. In other words, your budget is half of what you take in. And so -- MR. PERICO: I agree. MR. VAN ARSDALE: -- so there -- I think you should come back to us with a plan that says here's what I need to do the job. I need a change in the policy so I can add overtime as needed to deal with it anomalies and permit, you know, impact fee increases. MR. PERICO: I agree a hundred percent. MR. VAN ARSDALE: I need staffing, you know, and if it's a county policy, we -- I mean, we have to sort of fight to get that policy changed because that -- I mean, that county policy is to save money, and our problem isn't that we have a budget deficit. We have a huge surplus that we should be using to get the kind of efficiency that we're paying for. MR. PERICO: Because my inspectors, they all get paid overtime. Donovan Court Reporting, inc. (y41) /yIJ -000l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 2 2 16JI 21 MR. VAN ARSDALE: Right. MR. PERICO: They stayed out there until they get their routes done that day. They get paid time and a half. MR. VAN ARSDALE: So we have no inspection problems. MR. PERICO: There's no -- no inspection problems. The problem started -- the problem really started when the new HR policy started that forbid me to give these guys straight pay, and I had to give them comp. time. I says it's defeating my purpose to give the day off because he gets his comp. time. MR. ABBOTT: These are the reviewers we're talking about. MR. PERICO: Plan reviewers. MR. ABBOTT: What do you think about going back to human relations and asking them to change this? Do you think this is impossible or doable? MR. PERICO: We've been beating a dead horse. MR. ABBOTT: I understand. Times are changing. Maybe go take another whack or two. 2 MR. BAKER: Denny Baker. But if you set the 3 standard, let's say, to 12 days, it's not an overtime 4 issue. It's a people issue because this is all plan 5 review. These are all people sitting at a desk. If Donovan Court Reporting, inc. iyj -VV41 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1� 1� 2( 21 2, 2: 2, 2. 16J1 22 we're going to meet the targets you want, there ain't enough overtime in the budget; we've got to look at resourcing qualified plan reviewers. CHAIRMAN LONGO: But you have X amount of people can only do X amount of work -- MR. BAKER: Right. CHAIRMAN LONGO: -- within an eight -hour day, but they can do more work with time and a half coming or overtime coming, depending on the anomalies or the peaks and the valleys of our permit stream. MR. BAKER: Agreed. But then -- but then we should reserve overtime for the peaks and valleys. CHAIRMAN LONGO: Absolutely. MR. BAKER: If you take a straight line and seeing a perfect world, if we're going to do three thou -- 2500 is a nonimpact- fee - changed period or nonbuilding -code period, then we -- to meet that 15, we need to add 3 more plan reviewers, for example. But then we have a change in November for road impact fees. Fine. We go to overtime. But I think we have to look at a scenario, assuming that we don't have these bunching or -- or crisis situations. CHAIRMAN LONGO: I'm in agreement with Peter. I l think you don't have a money problem. I think you have a policy problem. I think you have to come back Donovan Court Reporting, Lnc. ty411 171J -VV11_1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 672 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 23 to us right now and tell us at the current level of staffing how much you can get out. And that's based on the -- the criteria we set up for the -- the different line items of review processes, and then you go back and you look at those review processes and you see where you're taking hits as far as time and you find out why; you've got an inefficient person or the person is gone too much on sick leave or there's not as many people in that -- that plan review process, and that's when you come back and you take a look at your averages without the anomalies that -- that skew the averages on a -- on a reasonable 6 -month period, let's say, as to with 12 people we should be able to get X amounts of permits out in X amount of time and be able to have a policy available that if it goes up to more permits than those 12 people can do in that period of time when they come in, then we pay them overtime, and that's calculated as to how much overtime is needed in order to get those permits out, per permit or per whatever. MR. DISNEY: I want to urge you to get real creative with this. MR. BAKER: Uh -huh. MR. DISNEY: Because the -- the -- establishing overtime or straight time for additional plan review Donovan Court Reporting, Inc. (941) /9J -UU21 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 16J1 24 seems to me to be on obstacle that you can overcome. MR. BAKER: Easy. MR. DISNEY: If it's not a labor department issue, then it's an internal policy. And maybe terminology as a bonus on a monthly basis is what you need to do. But it effects the same goal, and there's a tracking of the time. What do you need to call it in order to make it work? I mean, we do it all the time in private industry. We can do it here, overcome the overtime issue, and you can take care of an awful lot of your problem. I think some of the other things -- I know you've looked at them before. But we've talked about four sets, five sets, six sets. I don't care if I've got to submit to you ten sets to get simultaneous reviews done so that all of this contract at the same time. How, if at all, can we change these reviews so that it comes up here to planning or if it doesn't have to come up here to planning, then it doesn't come to planning on particular jobs, and it helps speed things along? Environmental health, why aren't they looking at it at the same time as everybody else if they're not now? It may be that they are. How -- how -- how can Donovan Court Reporting, lnc. �y ,411 /7J -VVG1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2-- 24 2` 16J1 25 we do these things in order to streamline that process? I don't care how many sets of plans I have to give to you. I don't think that any builder is going to care either. CHAIRMAN LONGO: Huh -uh. That's a minimal expense. MR. BAKER: That's the re -- the reenglneering process that I want to take on from both permitting and planning that we have to look at, are these done in sequence, can they be done in parallel. Maybe there's an optimization here or imbalance. Maybe we got -- maybe we've got more plumbers and not enough structural. MR. ABBOTT: Yeah. CHAIRMAN LONGO: And off the top of my head, the two things I can think that run simultaneously that may have a conflict as far as plan review is structural. MR. PERICO: Which are a more complex part of the whole review process, which is part of them. CHAIRMAN LONGO: Right. But, like, environmental health -- and if it's a required plan, if it's part of the review, they could go simultaneously but not hold up structural or fire plan review and not parts of the other review process so that if you needed that third Donovan Court Reporting, inc. ty41) /7J-VVG1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 67 6 7 8 9 10 11 12 13 14 15 16 17 irl 19 20 21 22 2- 24 2` 16J1 26 or fourth or fifth set of plans to go out there, then the only thing that's getting really -- that's taking time on the complexities are fire plan review and the crossover into structural or vice versa. MR. PEEPLES: I'd like to make a point, and that is if we're looking at an average of 20 days and then 19 days and we were talking about looking for an optimum average of 11 1/2 days, you know, before we even get to overtime in those issues, I know you're concerned about overstaffing and then having a slow -down. But for the last two years, you've been woefully understaffed, you know, for getting this done in 11 1/2 days. So -- MR. PERICO: Yeah. It goes without saying. That's -- my biggest problem right now would be where to put the staff. MR. ABBOTT: Yeah. MR. PERICO: That's the biggest problem. I can't hang them on a wall. CHAIRMAN LONGO: Pitch a tent in that new parking lot. MR. ABBOTT: Get a permit first. MR. PERICO: It's not my parking lot. MR. ABBOTT: Listen, looking at this chart, if you drew a line right -- this is to getting sequences Donovan Court tzeporzing, Lnu . / .JJ- V V G 1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 N 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 27 and what has to follow; in five days, you only have three things: Fire exceeds the five days just a little bit, environmental health by a day or so; structural is by a week. Everybody else is under that. Right off the bat, the structural, which by your own admission, is the most complex of them all, and I understand how that's going to jack it down. Maybe that's just a fact of life. But I just think if we're trying to look at these things from an analysis standpoint, gosh, using five days for these ones, if it -- if anything could help, try to streamline structural. MR. DISNEY: Well, streamline structural, you've got two people in there now. Maybe -- maybe this is your indicator that you need a third person in there already. We've -- we've talked about, okay, from a -- from a time -frame standpoint we're -- we're good here and we don't want to staff for a peak situation. But it's not stopped peaking in how many years? MR. PERICO: I know. MR. DISNEY: And we don't see it yet at all. So, Ed, I would say -- MR. ABBOTT: Another structural man. MR. DISNEY: -- we just don't have enough people. And you're not in a position, in my opinion, where Donovan Court Reporting, Inc. (941) /y)J -UU21 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 2 2 16J1 28 you're overstaffed. MR. ABBOTT: Those are the guys -- MR. PERICO: Oh, no, I don't believe so I'm overstaffed. Believe me. In fact, one thing that doesn't show in here which, you know, is FEMA. Everything in the flood zone goes past the FEMA coordinator. He looks at it. MR. DISNEY: That's a relatively quick thing. MR. PERICO: But it's still -- it's another step in the process, so if it takes a day, two days, you know, that could -- CHAIRMAN LONGO: Yeah, and that, again, could be -- yeah, you think of it -- it's a three - minute review, but then it goes to a basket and sits and gets collected at the end of the day. MR. DISNEY: I understand that. But, again, I would say to you if you need another set of plans or you need another partial site plan package to resolve that, that is an easy thing with your -- with your engineering analysis of -- of how to streamline the system. You need four full sets, and you need an 2 additional site package routed simultaneously. All of 3 those things are -- are, really, just processing paper 4 and -- and how you can flow it more streamlined. 5 CHAIRMAN LONGO: You know, you have a staffing Donovan Court Reporting, inc. �jqi) /y ,3-vU/_l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 1 1� 1` lE 1' 1 1 2 2 2 2 2 2 16J1 29 issue. You may have a routing issue, and then you may have an overlap issue between planning and permitting as to where stuff is going that may not need to go to planning, and that's being held up on the planning side, and it really doesn't have to go there. And the best part of your engineering is to look at what submittals don't need to happen on certain type of permit applications. MR. ABBOTT: Your customer service agents have the best record on here, you know, of anybody. MR. BAKER: But the -- MR. ABBOTT: I know, but I'm just saying that if they had something extra to do with a couple of extra sets -- like Dalas was saying, they've got time to do it, as opposed to some of the other bottlenecks. MR. PERICO: All they did was processing the applications; that's all they're doing. They don't do 3 any plan review. They don't do anything. MR. ABBOTT: Oh, I understand. If they had extra sets to route to somebody, you could tag it on to them 1 without just being the killer. 2 MR. PERICO: It would all happen back where the 3 plan coordinator is. Where Diana and Martha are in 4 the back, it would have to be coordinated there rather 5 than the front. nA, Donovan (-;our L nupu --111y , ��� • � - � , - - 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 30 MR. ABBOTT: Okay. And they're real support for the structural guys too right there, and those guys are interrupted forever all the time which slows them down, which even points to having an additional staff person. MR. PERICO: Which there again, you know, you've got to take into consideration it's not that they're just doing plan review. They're doing pre -app meetings. They do literally probably in the course of a month, you know, numerous, you know. MR. ABBOTT: Oh, I bother them all the time with questions and such. MR. PERICO: Exactly. But somebody has to answer the questions. CHAIRMAN LONGO: Charley is the one skewing the whole thing. MR. DISNEY: Listen, I have -- MR. ABBOTT: Try to be painless. MR. DISNEY: -- three items, one of which we talked about. That was the overtime. My first one here was the department -- and we touched on this also, the department reviews of unnecessary items and -- and the example that we've used a couple of times is architectural review of parking lots. I mean, we just -- we need to separate those two so that Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 1? 1 1` 1F 1" 1� 1' 2 2 2 2 2 2 16JI 31 you've got a horizontal and a vertical review and -- and the two maybe need to coordinate a little bit but not as much as they are now. But -- but the review of unnecessary items, I think, is a -- is a real big deal. And then my -- my third item here was, I think that you're by necessity meeting intensive, but for -- for me being able to schedule a meeting with your people at any time I want seems inefficient on the side -- on the county review side. If -- if I -- if I were doing that in my own office, we'd never get anything done, which -- which I see as a part of the -- of the issue here, maybe more in some areas than others. But we have -- in the past at various offices that I've been involved with, we have set blocks of time that are uninterruptable. MR. PERICO: Quiet time. MR. DISNEY: Well, it's been called a number of things, quiet time, planning time. It's -- it's anything. 1 MR. ABBOTT: Asylum time. 2 MR. DISNEY: But you are -- you are involved with 3 your projects, and your telephones are held. Your 4 meetings are -- are scheduled at different times. It 5 may be that you look at certain days to set up your I A1 \ 7Q"Z -nni1 Donovan �-ourL n(dPU.L �- lily , - 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 IN a i[Ii 11 12 13 14 15 16 17 18 lime 20 21 22 23 24 2E 16J1 32 pre -app meetings, certain days that are -- are set aside for this, and you have those blocks of time because, again, I -- the -- the one primary example that I have is my project who was -- that was sitting back here for -- for four months in planning, and all it needed was a two - minute review for landscape to get it over with, and she was too busy to do it because she had to go get an appointment at a meeting. Now, I -- I -- I just don't understand how that can happen, and I was able to prevail upon her to pull it out from underneath the stack where it had been sitting for six weeks, and let's get it over with and deal with it. But, again, blocks of time where -- where you're concentrating on something, I know, from a planning aspect myself, if I'm involved in working out a detail or a particular floor plan change or something, if I get on a -- interrupted a dozen times, it takes me forever to get back into the train of thought to -- to make that resolvable. MR. ABBOTT: They tried that in the past, and Bob Salvaggio was one who would, quote, be unavailable to the phones until eleven o'clock at such. And it's -- and it's almost politically unacceptable to be the government and not be able to get ahold of folks. And so I think it -- I think that kind of died away. Donovan Court Reporting, Inc. (y41) /y,J-0001 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1E 1F 1" lF 1� 2( 2. 2 2 2 2 16J1 33 What's your thoughts on that, Ed? MR. PERICO: We tried it. I mean, years ago I remember back here when we had the plan reviewers on the back end of the building back here. It was the same thing. They didn't see anybody until after eleven o'clock, eleven o'clock in the morning, stuff like that. It was really inconvenience to the public. That was the biggest problem. MR. ABBOTT: And you got a lot of complaints through the -- MR. PERICO: If you need an answer, you need it now, not tomorrow or call me Wednesday or come in on a certain day. That's why my door is open all the time. You walk in my office anytime of the day you want because you need an answer now. CHAIRMAN LONGO: Well, maybe that's part of your engineering that you have two people that's all they do, and the rest of them are to actually doing plan review but two people, that's all they do is answer questions all day long. Maybe that's part of the L engineering. We need to get back to square one. They 2 need to come back to us with the current level of 3 staff as to what they can accomplish with the current 4 level of staff. We have to determine whether that's 5 acceptable. -,nom nn� Donovan Court xeporziny, 1j1� -. 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15'1 20 21 22 23 24 25 16J1 34 Now, if they come back and say with the current level of staffing we can only -- we can only -- it takes 20 days to get a permit out, we've got to come back and say, no, we'd like you show to us how you can get it down to 12 days. Denny? MR. BAKER: Dino, I'd like to embellish that. I think we should tell this group what we're capable of doing. But I think you -- I'd like to come back with the resources required to do what you think we should do. I think it's far more productive to do both of those concurrently. CHAIRMAN LONGO: Yeah, I agree. I mean, Ed did a great job -- I'll keep using him as an example, Ed Riley. That when he came back for his fire plan review he told us with his current level of staffing what he can get. He showed us how many permits they can review with how many people. He broke it down to the hours. He's got a smaller staff, so he did a very good job with that. I know it's difficult on your side because you've got people in and out, vacation, all of that, as far as tracking. He came back and said, "We can only do X amount with X amount of people. If you want" -- we told him how many days we want it to get a fire plan review out for whatever the building, whether it was residential, commercial, Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 35 whatever. He came back and said, "It will take X amount of people to do this, and this is what it's going to cost." MR. BAKER: I know. But it's far more efficient for me who is going to do most of this work to tell you what we can do now and then to tell you also what's required to get to where you want to be. CHAIRMAN MASTERS: That's what I'm saying. MR. BAKER: At one time. MR. DISNEY: Yes. MR. BAKER: You guys got to tell me here and now what you want for a number. MR. ABBOTT: Well, you're showing us this is now. This is right now. MR. BAKER: Correct. MR. ABBOTT: So it's 21 days. And we're saying CHAIRMAN LONGO: Nineteen days. MR. ABBOTT: Nineteen days. That's too long. We've already said we've liked 11 1/2 or 12, so what we need -- MR. BAKER: I'll tell you -- okay. MR. ABBOTT: -- is, I think you need to try to strike towards that. And at some time in here, you're going to come down, and your answer's going to be less Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16JI 36 than 13 1/2, and we can do it, and here's the cost, and I can give you 12 days at this much money or -- kind of interpolate it to us, and then we can start making intelligent decisions. But we need a spot somewhere. CHAIRMAN LONGO: Peter. MR. VAN ARSDALE: The only thing I -- I mean, I don't think we need to spend a lot of time deciding how much we can do because we know that. We're doing it in 19 days. So to me the issue is setting the target for the different levels of service. So what I'd like to suggest is that we say commercial plan review be done in ten working days maximum. So that means we're going to have an average significantly below that if we ever hit it because certain plan reviews won't take ten. In other words, ten is worst case. But if it's a one pager and, you know, adding a bathroom on a tenant improvement, that shouldn't take ten days; that should take one. That will bring down our average. So the average is misleading. In other words, ten is the -- we should be looking at how many plans meet the maximum limit and how many exceed it, and our average should be well below ten. I think residential we should shoot for five Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 37 days' turnaround. I think we should -- MR. PERICO: It's being done now. MR. ABBOTT: Five? MR. VAN ARSDALE: Five working days for residential. And I don't know if that's -- was that changed at all with the new building code? I don't know if that will be an issue or not, but that's -- in other words, we need to maintain the standard that is • good level of service. I think we -- we talked about meetings. What is • reasonable level of service for meetings? Should we be able to call and have a meeting in 48 hours? Twenty -four hours? What's normal? But let's set that standard. Then Ed would go in and say, okay, it takes so much manpower to do this; it takes so much manpower to do that. In terms of help, I mean, if we want to call out here and not interrupt -- and I think it's a bad idea to probably interrupt a plan reviewer. So maybe there should be a help desk, just like if I got Quick Books, I can sign up for $400 a year, and I can call them, and they can guarantee they're going to answer my calls from 6 a.m. to midnight. And they're going to have me on hold for no more than ten minutes. So on a 2- minute hold, I can pay another $150 and I can get 2- minute hold. Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 38 So why don't we talk about having a help desk that can answer questions, or maybe the help desk says, "Gees, this is complicated. You need to schedule a meeting. Our standard is 48 hours or 24 hours. We can schedule a meeting." And -- and -- and then -- and then we design a system to -- to provide this level of service. CHAIRMAN LONGO: I agree. MR. VAN ARSDALE: And I think that's all we should be doing as a -- as a board. And I guess I'd like to make a motion that we -- and I don't know about the meetings in 48 hours. Is that sufficient for people? Is that reasonable? MR. DISNEY: I think that that's quite reasonable and certainly would be for me. And let me -- let me tell you that I'm not suggesting that with my previous comment that you don't respond to people promptly. I'm just suggesting that when you schedule something, somebody calls for a meeting, you -- you have a mental note. I'm not doing this in the early morning; I'm going to do it from eleven o'clock on, and you schedule from there, and you -- you build your staff so that they realize that -- that you're doing this. I think 48 hours is fine. MR. VAN ARSDALE: Okay. So we'll say 48 hours. Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 39 And then a help desk is maybe 15 minutes on hold, if the help desk is an idea? But I'm -- just so that -- I mean, and that's -- and I guess I throw that out as an alternative to keep all the interruptions from going to the plan reviewers, because that's very -- you know, when you get zoned in on something where you've got to go step by step, layer by layer by layer and you get a call about a totally new set of plans, you've got to dig this out, it's totally counterproductive. CHAIRMAN LONGO: I agree. MR. VAN ARSDALE: So -- then it's frustrating to get a call and say, "I can't -- you know, I can't deal with you now. I'll call you sometime between now and the end of the business tomorrow." So that's not going to work. CHAIRMAN LONGO: I think Charley is exactly correct that you have to be able to call here and get an answer or at least talk to a body anytime you call. However -- however staff decides to do that, whether through a help desk or a full -- full -time, one or two person -- MR. VAN ARSDALE: Do you want to say 15 minutes of hold time, a help desk with 15 minutes of hold? Then whoever that person is, that's up to the staff to Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 M. 9 10 11 12 13 14 15 16 17 18 'E 20 21 22 23 24 25 16J1 40 figure it out. MR. ABBOTT: Well, I want to add one thing on there. Sometimes you're very particular as to who you want to talk to because of the degree of expertise is also evident. I know I discriminate in this building as to who I go and ask questions because lots of times our -- our nature of our business is so technical that once you bump one little variable, it bumps something else, and you have to have somebody with a sufficient degree of sophistication to recognize that and say, whoa, you can't do that. MR. VAN ARSDALE: Well, then maybe -- I mean, so -- to me that's an open -ended issue. Maybe the procedure is that the first hour of -- of every plan reviewer's day will be to take calls from people who he's -- you know, who want to contact him or maybe the first hour and the last hour. I don't know. Maybe that's the -- I mean, there's other ways to sort of skin that cat. I think we've got to make it clear, both to them and to us, as to when we can really seek help. I don't -- I don't have a problem working in certain limited times during the day. CHAIRMAN LONGO: Well, it's kind of like the inspectors. You can only talk to them first thing in the morning or late in the afternoon. Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 41 MR. PERICO: Sure. MR. VAN ARSDALE: That generally works. MR. DISNEY: Well, you have a recorder. Leave the recorder on, and don't answer the darned phone and return the phone calls during particular times of the day. MR. PERICO: There's nothing wrong either with me assigning to my chief inspectors to do all of the answering and leave the plan reviewers to do what their -- CHAIRMAN LONGO: However you work it out. I just think that you have to have additional bodies -- MR. PERICO: I agree. CHAIRMAN LONGO: -- deciphering and making some -- some calls on -- as to answers they're going to give to people and not interrupt plan review. Those plan reviewers should be reviewing all day long. And if you have someone else that's qualified to answer across the board that's a qualified reviewer that should be able to answer most of all the questions and then, in addition to that, you set up time -outs or whatever for answers, questions to particular reviewers on a particular subject matter or a building, then you have that. Ed Riley? Donovan Court Reporting, Inc. (y41) /y)j -000l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 42 MR. RILEY: Yeah. What we started doing was not accepting phone calls until after two o'clock in the afternoon. The exception to that is if the phone rang and we're in the middle of something, plan reviews and they weren't busy to pick that phone up. It wasn't hard and fast that they just don't pick it up until after two o'clock. But if they're in a plan review and it was going to be disruptive, they don't pick the phone up. We also tried to schedule our meetings so that we had specific times there in advance so that it didn't disrupt our plan review that much. I took that a little bit from Fort Lauderdale and the way they do things. They set a lot -- set aside a whole afternoon one day a week to do certain type of permits, walk - through type stuff. They do certain times where you have complete access -- the plan review is done -- the plan reviewers are available to everybody. You stand in line; you want to see the fire plan reviewer; you're the third one that sees him. Well, when he's done with one and two, you go in and see him third. And it's automatic; that was set up. He didn't have anybody to see; you did plan review. You just kept busy doing what you had to do. But there were -- people fell into line where Donovan Court Reporting, Inc. (941) /9:3 -UU21 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 IN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 43 they -- they knew what the times were, they knew what the schedules were, and they could work within that. And that did make it more productive, from our side, of trying to get things done. We had the time to schedule and the time to arrange our -- our -- our different types of plan reviews. Obviously if I've got a half an hour and I'm going to have to start taking calls and that, I'm not going to start reviewing a 15 -story building. I'm going to pull a smaller plan that I can get one or two done in that time frame. But if you know that, you can schedule for that. MR. ABBOTT: No. But that -- that's true. But we have to do that, too, in our own businesses. The only trouble is you -all are the government, and you're a monopoly. We have to do business with you. If we don't choose to answer our phone on our end of it and let something slide, that's our cost of doing it. What I like to see, if you're in the middle of review like we are doing a budget or something, we don't pick up the phone, but I hear that answering machine over there, and I might be interrupted. I might not. Or when I'm through with what I'm doing, then I make all those calls. I don't set myself by any clock, by any means. I have to be responsive to my customers. I Donovan Court Reporting, inc. (y41) /y)J -0001 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 44 think it's only fair to look at that for you -all. CHAIRMAN LONGO: Yeah, I have a problem with having to wait after a certain time. MR. ABBOTT: One day a week. CHAIRMAN LONGO: There's many cases I can be meeting with him in the morning on -- on some details of a -- of a plan, and we need to get going on it. And if we can't get an answer until after two o'clock, it blows our whole day. So, you know, however -- MR. VAN ARSDALE: So what -- well, what's the standard you want then? CHAIRMAN LONGO: I -- MR. VAN ARSDALE: Do you want to be able to call out here and get an answer? CHAIRMAN LONGO: I would love to be able to see enough bodies in this building that, yes, as full -time plan reviewers, that's all they're doing is reviewing plans, and then you have an answer desk or a help desk that can answer, for the most part, the generic and general questions of plan review. Then if you have to get into specifics, he sets aside times or days or hours of days that they can have plan meetings with the 24 -hour or 48 -hour notice so that if you have to get into more than a general question that can be answered over the phone or go to the website or Donovan Court Reporting, Inc. (941) /9,3-UU21 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 45 whatever, that they can do that. But he needs to have plan reviewers shuffling those 3,000 plans a month out. MR. VAN ARSDALE: Right. CHAIRMAN LONGO: But you also need a customer service desk sort of, so to speak, that can answer questions. MR. VAN ARSDALE: But for the sake of our discussion right now and the direction we're trying to provide, why don't we just say we want to have a help desk whether it's a plan reviewer or some expert or somebody that can come and grab a plan and help us with the answer to our question? I think that's -- that's a staff function to really decide how that works. CHAIRMAN LONGO: Sure. MR. VAN ARSDALE: We just say, okay, we want to be able to call out here and get somebody, a warm body on the line, holding no more than ten minutes. Is that -- that's just -- I mean -- CHAIRMAN LONGO: Yeah. MR. VAN ARSDALE: -- let's just say that's standard, and it's up to staff to figure out how to do this. MR. PERICO: Well, that's what I say. That's Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 E_ L 19 20 21 22 23 24 25 16J1 46 always been my standard that if somebody walks in here, they've got somebody that they can go to. MR. ABBOTT: Uh -huh. MR. PERICO: There's nothing more frustrating than not getting an answer, and that's the direction my staff has been given back there because they wanted some quiet time. They want to be locked in their room. I know if a customer walks in here he needs an answer, he wants it now, not sitting outside a locked door somewhere. CHAIRMAN LONGO: But if you have that additional body or that -- MR. PERICO: Like I said, it just might be a matter of me tweaking or may -- who's going to be making these calls which, like I say, there again, might just be my three chief inspectors: Clyde, Jim, and Jerry. MR. DISNEY: Right. MR. PERICO: They'll do the answers. MR. ABBOTT: Listen, a quick comment on that. When I called your chief -- because that's who I like to talk to, because they've got a much wider breadth of knowledge than individuals -- you'll talk to them and invariably get their answer machines. But Jerry, for sure, will call you back and the other two not as Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 47 much. MR. PERICO: Well, that's what I like to know. MR. ABBOTT: Yeah. I know you do. And so you don't know those things unless somebody says it. But Jerry will alway call you back that afternoon and just right away and down to business, get your answer, and you're gone. And lots of times the answer suggests a different way to do it, just -- but that's what you need out of this sophisticated person. CHAIRMAN LONGO: Take a hard look at that because you have vacations that happen sometimes. So if you have a position available that's always filled, no matter if that person goes on vacation and another plan reviewer takes that customer service desk or whatever when they're gone, you always have that availability of getting an answer. You know, if you're not here, for instance, on the structural side or if Jerry is not here, my first call is to Jerry. And if he's on vacation or out of the building, my second call is to you. At that point I don't really have anybody else to call if you're not here. But if I had a customer help desk, someone that was knowledgeable enough to the point they can answer most of all those questions, I'd be able to get to that desk rain or shine. Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 =1 19 20 21 22 23 24 25 16J1 48 MR. PERICO: See, the unfortunate part that I've got is -- with the plan reviewers is if they -- one goes on vacation and one is out sick, I don't have a pool to pull from. MR. ABBOTT: Right. CHAIRMAN LONGO: Right. MR. PERICO: Because I've got inspectors, which most of them aren't certified for plan review. The bulk of them aren't. And I do not have a pool to pull from to put people to plan review. MR. ABBOTT: Is there a possibility of an apprenticeship program in here to pull some of those, the likely candidates from the inspectors to start training them that way? MR. PERICO: Well, a lot of them don't want to be involved in that. MR. ABBOTT: Oh. I -- and I understand that. MR. PERICO: A lot of them don't want to be involved in the -- the plan review aspect. I -- you know, a lot of times they're doing field inspections. MR. ABBOTT: Oh, it's a whole different ballgame. I agree. MR. PERICO: It's a different ballgame. So, like I say, it's a completely different certification you have to have, you know, so -- Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 49 MR. VAN ARSDALE: Well, I -- I think we keep shifting back to the minutia of how we make this run. And I think we should only get involved if you guys come in and say, "We can't figure it out. You got any ideas ?" And we say, "Well, get 20 sets of plan or hire 55 people." You only said you can hire ten to solve the problem. And all I'm trying to get focused on is the standard. So one of the things that came out is that we want to have walk -in service. Besides the help desk when you call on the phone, you want to have walk -in service because right now when somebody comes in and talks to, let's say, Jeff Kucko that's over in structural -- CHAIRMAN LONGO: He just interrupted him. MR. VAN ARSDALE: He's interrupted, and so he may be giving good service for the walk -ins, but our turnaround for the plans being three to four weeks stinks. So it's got to be sort of a comprehensive list of standards that it's up to the staff to say here's what you guys said you wanted, here's what it takes. CHAIRMAN LONGO: Okay. Well, let's -- let's reiterate, five days on the single - family. MR. BAKER: Yeah, let -- I think we about killed Donovan Court Reporting, Inc. (941) /93 -UU21 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 50 this horse. MR. VAN ARSDALE: Well, I had one other thing. MR. BAKER: Peter, let me go back to one thing that you mentioned that must be -- I must be clear on. You said a commercial plan review, the maximum time is ten working days, which I interpret to mean if you got a five -story condo, we're turning that around in no -- in no less than ten days. MR. VAN ARSDALE: (Nodded head.) MR. BAKER: Is that correct? MR. VAN ARSDALE: Yeah. MR. BAKER: Nothing goes beyond ten days. MR. VAN ARSDALE: That's the goal. Well, that doesn't mean approval. That means first rejection. MR. BAKER: Right. Is that the standard? MR. DISNEY: Well, I think that that's fine, but you -- MR. BAKER: But that's -- MR. DISNEY: You certainly recognize -- I know, Peter, you do; I do -- that there's going to be anomalies to that. You get -- you get a high -rise office building, you get a high -rise condo, it's going to take longer than ten days, in some instances. Those are the odd ones out. But on average, we're not dealing with -- with that type of a building. I mean, Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 51 for God sakes, everything that we're doing right now is under ten days, everything. MR. VAN ARSDALE: Term every phase. But that's average again. MR. DISNEY: Yes. Well, I suppose but that is but everything is under -- under ten days on this. So if you get the simultaneous work out, you're already under ten. MR. VAN ARSDALE: Right. MR. DISNEY: It's not that tough of a task, guys, based upon your own information. MR. BAKER: I'm not saying it is. I just want to be clear on what the directions are. CHAIRMAN LONGO: Yeah, that's what he's saying. MR. VAN ARSDALE: But the point is, if we have the ten, then we have the report that says what missed it -- it doesn't mean we're set in stone with ten. It may be unachievable. MR. DISNEY: I agree. MR. VAN ARSDALE: But if it's -- if it's the occasional building that exceeds 10, we can look at it, and we -- maybe if it's 5 stories or more or 15, that can be the new standard. The problem -- the biggest problem I have right now is we don't have any standards, so we don't know how we're doing. So how Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 672 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 52 can we ever develop a solution? So I guess this is where we're trying to start. The only other -- let me just reiterate the points that I'd like to see a -- really, a plan and a -- and a solution to, you know: commercial plan review in ten working days, maximum; residential plan review, five working days, maximum; meetings on a 48 -hour notice; a help desk with 15 minutes on hold for telephone calls; walk -in help, no less than 15- minute wait; and customer - service waits of no more than 15 minutes as sort of standards to build this design for the department around. Now, it may be in the analysis and the staff working putting this together you say, well, this is just unachievable or too expensive. Money is no object here, as I see it, I mean, with what we're paying. I mean, it's going to be a fight to get the money. But the money's there. It's not as if to say we have to double our rates because we've already got double rates. Now we've just got to get our share back to get these things to work. CHAIRMAN LONGO: Okay. MR. VAN ARSDALE: So I guess I'll put that in the form of a motion that we get a staff report back on what it's going to take to meet these objectives. I Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2� 2_ 2� 2` 16J1 53 don't know how much time you need to do that. MR. DISNEY: I would second that. MR. VAN ARSDALE: How much time do you -- when's a reasonable time to see -- MR. BAKER: This is -- before I would answer that question, we're going to talk about planning next. Are you looking for answers or -- on planning at the same time? Are you looking at -- we should look at them together, I would think. MR. VAN ARSDALE: Well, the only thing I'd suggest is that building -- building has a surplus in revenue. Planning does not. MR. BAKER: Well, that's only because of the way that we structure the fees. MR. VAN ARSDALE: Yeah. We don't have the planning fees high enough, and the building is too high. I don't -- in other words, so I am just -- let's take -- I'd just as soon myself focus on building because we don't have the money issue if we get -- if we get a design that's affordable. CHAIRMAN LONGO: Well, I don't have a problem with focusing on building because that's a very short -term thing for you to get accomplished. You're almost there. But the planning side definitely has to be Donovan Court 1{eporti.ng, inc. ��41i /7J -VVG1 2668 Airport Road South, Naples, FL 34112 1 2 3 CE 5 6 7 8 9 10 11 12 13 14 15 16 17 1� 1� 2( 2] 2, 2: 2, 2. 16J1 54 addressed, because what we have is -- right now is we have a crossover of structional onto the planning side that is holding up horizontal construction when they're not doing anything vertical. And that's the biggest complaint I have right now. You have some products being held up for months, and they're not even pulling a building permit. Some projects are being required to pull a building permit before they get their final planning. So those -- we need to take a look at that as well. We set the standards for the -- the building side: 5 days single family, 10 days on commercial, 24- to 48 -hour appointment schedule, a help desk, and customer service criteria no longer than 15- minute waits on -- on hold or in line. MR. BAKER: But to answer Peter's question, I think I can have the permitting side done by the next ad hoc meeting schedule -- MR. VAN ARSDALE: So by February. CHAIRMAN LONGO: The second Wednesday in February. MR. BAKER: Ed, are you okay with that? 3 MR. PERICO: Yeah, that's fine. } CHAIRMAN LONGO: Let's -- MR. VAN ARSDALE: Then let me just suggest, Donovan Court xeporLiny, inn. iz --) - vvvi 2668 Airport Road South, Naples, FL 34112 1 2 cm 4 5 6 7 8 9 10 11 12 13 14 1_` lE 1^ if l� 2( 2 2 2 2 2 16J1 55 though, if the planning is an issue in terms of meeting these goals, that that be part of the consideration. So maybe we've got to take part of the building permit fee money and allocate it to planning to get these -- these -- which we're already doing already, so it's real easy. We're already doing it. CHAIRMAN LONGO: Well, that's part of -- part of our -- what we discussed in the past was to come up with those levels of service for planning and do the same thing. Tell us with the current level of staffing that you have what you can put out and really how much it costs you, and then that's for the staffs of level of service. If it's for an SDP -- and I'm just using these numbers -- and say right now it's taking 90 days for an SDP and we want it to be 30, they have to come back and tell us why it's taking 90, because we only have 3 people and we need 9 or -- MR. VAN ARSDALE: But what I'm -- what I'm a suggesting, though, and the process of looking at the building permitting function, that we carve out the L planning- related issues, just as they relate to building permits, in other words, not let's say if 3 it's an SDP, if it's an architectural review. So for 4 us to get our ten -day turnaround on commercial 5 projects, we have to go spend -- we've got to take nn n Donovan Court HeporLing, 111U. (J d1/ - l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 M. 01 10 11 12 13 14 15 16 17 18 1° 2C 21 2� 2-- 2� 2` 16J1 56 building permit money and hire an additional architect to do the review and not -- and -- and sort of break out these building department- related issues as part of this analysis. And then on the planning side we have the fee -base side of planning, you know, as a separate analysis, the fee -base side of planning and then the general -fund part of planning. And I think we need to -- as we look at that. And we need to get to the position where we can go to the planning community and say, listen, you fellas want to get this -- us; we want to get the stuff in and out in four weeks for an SDP instead of eight weeks, but we're not getting enough money for it; here's what -- here's what it's going to take to get it in and out in four weeks. CHAIRMAN LONGO: Well, that was -- MR. VAN ARSDALE: And you're paying enough to get it in and out at eight, and so choose your poison. CHAIRMAN LONGO: That was the -- the political faux pas we had going on here was it's always been that way, and we're about to change it, and we're going to take a lot of people off because we're going to -- we're going to increase our fees on the planning, side. I think that was the -- the goal was -- was to i come back with a level of service and tell us what - 1 Donovan Court xeporLing, lno. /�- ) -uv�1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E li l� 1S 3 2: 2: 2: 2. 2 16JI 57 it's going to cost to reach that level of service. And in some cases you're -- the fees that we charge right now to do certain -- certain type of permit applications are just horrendously not enough. I mean, they're just -- they're just -- and some people have said, well, if you did an SDP and that way right now it would cost you 40 grand or something like that versus 4,000, which they might be right, and we really have to take a look at that, but we've always had that problem since day one this building was built as to the permitting side subsidizing planning, and that's because it was just too -- it was recognized as being too expensive to charge the real costs of what it takes to do a plan review on the planning side. MR. VAN ARSDALE: So -- so we pay for it in our -- in our industry; plus not only do we get -- get the money and we get the two -week turnaround on our building permit because we don't have our money to pay our people to do our work. And that -- we got to -- I don't care about how long it takes. I mean, to me, I really love the user -pay concept. It makes sense. CHAIRMAN LONGO: Perry? 3 MR. PEEPLES: I'm not going to disagree with } that, but I don't -- I mean, this is a group of builders, for the most part. And I think if you talk Donovan uourL xeporL111y1 111 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 AA a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 58 to engineers and planners and people who do PUD applications and SDP applications and run through the platting process, you're going to get, you know, a very different reaction. That's not to say they won't say we understand if we want better results, you know, that these permitting fees have to be much higher, but I'm not sure we have equal representation in this group. MR. VAN ARSDALE: It isn't. MR. ABBOTT: We don't. On the DSAC we do. MR. VAN ARSDALE: Yeah. But it's not about fair representation. It comes back to fairness; should building permit fees be used to pay for SDPs. I don't see how anybody -- how can any engineer or developer make that case? MR. BAKER: Planning woefully undercharges their fees. MR. VAN ARSDALE: Yeah. MR. BAKER: They're woefully low. MR. VAN ARSDALE: What's the point of that? MR. BAKER: I don't think anybody would disagree with that. CHAIRMAN LONGO: That's the history of -- of the fee schedule. I mean, Perry's absolutely right. But I almost guarantee you if someone waits six months to ijonovan court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 E: 19 20 21 22 2 2� 2` 16J1 59 get an SDP because of a site being understaffed or whatever has happened on the planning side and they actually pay more money to get it done quicker, they're going to pay more money to get it done quicker. MR. VAN ARSDALE: They can make that choice. Right now they don't have to because our money is going to pay for their work. CHAIRMAN LONGO: Absolutely. MR. BAKER: The single biggest issue -- and Tom will agree with this, I'm sure -- is staffing and planning. We've had -- we've been looking for planners all the way from entry level to director for months, and we advertise and get virtually no response. I think that, to your point, Peter, if we're going to allocate those dollars to planning and planning is going to pay its way, we need to look at some salary adjustments to get the people staffing, because I've got all kind of statistics to look at planning. It ain't worth a damned to look at them -- darned to look at them because the problem is resourcing, especially since we lost two more. MR. ABBOTT: Yes. CHAIRMAN LONGO: And I think you need to come Donovan Court Reporting, inc. �jq-L) /7J -VVG1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1E 1E 1. if 1� 2( 2: 2; 2. 2 2 16J1 60 back to us and tell us that, Denny. We need to set the level of services for those particular permits on the planning sides. We need to identify them, which we pretty much did. We need to go back to the -- that -- those spreadsheets and go back to the numbers that we all came up with. I know we changed about maybe a half a dozen to a dozen, or we didn't agree with some of the times. But -- and you've got to come back with a fee structure accordingly. And that may or may not go through the county commission, Perry. I mean, it may not be approved by DSAC. MR. PEEPLES: I understand that. At least -- it would be so great. CHAIRMAN LONGO: Right. We -- but at least we've done our job. And we can come back and say, hey, if the community and the industry wants an SDP out in 20 days and currently it's taking 90 to 120, based on a good submittal, they're going to come back to us, "Well, it's going to take X amount of dollars with X amount of more people to do it." MR. BAKER: We -- we may have to do hiring bonuses. We may have to get out of the box and do 3 things like hiring bonuses to compete with the private a sector to get the people that we need to even do an D adequate -- much less something aggressive. Donovan Court tteportiny, J-11U. 1 J 31 / /-7J -i 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 61 CHAIRMAN LONGO: I understand. Well, what I don't want to do is I don't want to get too far out of the box with projections based on what's going on right now and then six months from now we have a slow -down of major projects and SDPs that won't warrant it anymore. Do you see what I'm saying? Because, I mean, we're -- we're coming to a buildout and -- right now in Naples proper and the county proper. So your towers that -- that Ed and I are discussing right now, Ed Riley and I are discussing, as far as his permit revenue, which is generated mostly by his big towers, the 25 -, 30 -story buildings, and -- and Ed -- and Ed Perico's, those towers and those building pads are starting to go away. We have maybe a half a dozen to a dozen left in the county that you can actually build. And once they're done, our revenue streams change on the permitting side and the planning side. MR. KUCK: Yeah. Because I've -- I've -- I've projected, like, five years down the road the engineering and planning are going to be going downhill as far as what -- the personnel requirements and everything. Inspection and building will continue to go and code enforcement. But I believe engineering and planning, because there's not that much land out Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 NE! 15 16 17 18 19 20 21 22 23 24 25 16JI 62 there for projects to be built on anymore. CHAIRMAN LONGO: And that's all subject to change. I mean, we know how politics work. I mean, five years from now our urban fringe might be Immokalee Road or Immokalee. So who knows what might happen? But we can't get too far out of the box. In other words, we can't go out and hire 15 more staff people based on what we're talking about today. MR. BAKER: I'd be glad, Dino -- Tom would be glad if we could just get to budget numbers. How far below are you, below budget, the head count? MR. KUCK: Oh, probably 15 or 20 percent below in head count. MR. ABBOTT: Wow, that's a lot. MR. VAN ARSDALE: With all the people being fired, what do we expect? MR. KUCK: What with the hiring freeze ... MR. VAN ARSDALE: I mean, that's not -- yeah, and then we got a hiring freeze. But we got to -- we've got to build the case. And the first case is where we're at, in other words, where are our planning fees relative to the services provided? We don't know that. And we don't even have a stand -- level of service standard which we talked about. We need to build that benchmark to then -- and that may be what Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2� 2 24 2` 16J1 63 people want. And, frankly, that may be if -- at least we should have a rate increase to cover their costs because I think -- don't think permit fees should cover that. Now, maybe the DSAC and the -- and the Board of Commissioners think differently. But the truth is state law says they can't do it. CHAIRMAN LONGO: And I don't think there should be a hiring freeze on the development services side of it because permit fees pay for it. MR. BAKER: Well, but -- but any planners that would be hired could be hired -- would be exempted from the freeze. CHAIRMAN LONGO: Okay. MR. BAKER: There -- there is an halt on the hiring freeze. CHAIRMAN LONGO: So Peter's right. I mean -- MR. ABBOTT: Tom Master's letter covered that asking the commissioner, the county manager, to not be part of the hire -- wasn't that -- what was on the letter the other day, guys? MR. DISNEY: Yes, that was on there. MR. ABBOTT: It was on the first paragraph -- it was the first paragraph. MR. PERICO: I didn't get to read it. MR. DISNEY: Yes. Donovan Court xeporzing, lnu. ! -) VvG..L 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 64 CHAIRMAN LONGO: So, Denny, you can come back to us and tell us currently where we are with our planning side and -- and the major phases of permitting. And at that point we can come back and say, "Okay. Ninety days is unacceptable on an SDP or an SDP amendment. It'd take them 30 right now; we want it done in 10, and then tell us what it's going to take to get back up to that level. MR. BAKER: Planning -- planning I'll do in the -- in the March meeting. February I'll do permitting. CHAIRMAN LONGO: I just don't want this to keep going out. I mean, we've been working on this quite awhile. And we need to put -- we need to get it nipped in the bud. And if we're going to make a major change in policy and fee structures here, we need to do it quite soon because you've got a lot coming down the pike with the increase in -- in building permits -- or the building costs because of the unified building code. We have a number of impact fees still coming down that are being projected to double. You know, while we're bearing the bad news, we might as well bear it all the way. So, I mean, you know, if we're going to get -- as a builder, as engineers and architects, we need to know where we're going to be on projects to try to i)onovan court reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 , V 10 11 12 13 INE'! 15 16 17 18 19 20 21 22 23 24 25 16J1 65 tell the clients and /or budget for them three, six months out. A lot of that takes a lot of planning, you know, to draw -- you know, a five -, ten -story building takes, you know, at least a day or so. So if we could get this resolved by February, the second week of February, the second Wednesday of February, get -- get -- come back to us on the building permit side, address on the second half of that meeting where we are currently, if you could get that to us -- MR. BAKER: Okay. CHAIRMAN LONGO: -- and then we'll set the levels -- try to set the levels of standards at that meeting MR. BAKER: Okay. CHAIRMAN LONGO: -- and you come back again saying how we're going to do it. MR. BAKER: Okay. CHAIRMAN LONGO: Is that acceptable to everybody? MR. VAN ARSDALE: Is that in March or -- I mean, when am I going to look at planning? March? MR. BAKER: Well, I'm going to bring back in February where we are in planning. MR. VAN ARSDALE: Along with the building department plan? Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E I 1E 1( 2( 2: 2: 2: 2 2 16J1 66 MR. BAKER: Yeah. Well, I have a plan for permitting. I won't have a plan for planning, but I'll be able to tell you where we are so we can set standards, and then I can take the same approach with planning. MR. VAN ARSDALE: Do we have a term for the two different -- maybe there's more, but the different functions that planning serves, such as kind of their -- their fee for service side and then their general government side? Do you -- MR. BAKER: There's long -- long -range planning and -- or strategic planning and current planning. Those are the terms that are used. MR. VAN ARSDALE: Current planning is all fee based; is that correct? MR. PEEPLES: No. MR. KUCK: Current planning all comes out of Fund 113. The long -range plan -- MR. VAN ARSDALE: I'm not so much interested in i where it comes from. It's all sort of blend -- MR. BAKER: Both are fee based, but most of -- ? long -range planning, strategic planning generates a 3 very, very, very small number of fees. MR. VAN ARSDALE: Yeah. But I'm talking about, D for instance, the community character study. That l - AI \ -7 n'J_nn71 Donovan uourc tceput Lliiy, 1111.. � �z / - 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1_` 1E 1 if 1� 21 2 2 2 2 2 16J1 67 shouldn't have been paid for by the guy that comes in and buys an SDP. In other words, I don't know who is paying for that, but that -- that to me is a -- I guess what I'd like to see is break it down to call it our general government planning services, which can be very short range and long range, and our fee - for - service planning services. Is that reasonable to ask for that information, that you categorize your people and your revenues accordingly? CHAIRMAN LONGO: Do you have that broke out in here? MR. BAKER: Yeah. I've got it. I've got it. MR. KUCK: Because you're still talking about current and comprehensive planning. Comprehensive planning is Fund 111 which is ad valorem taxes. That's doing all the studies and everything that -- current planning is really related to the development part of it. That will all come from one -- Fund 113. MR. BAKER: Current -- current planning generated a million four of revenue with expenses of a million L eight. And the -- this past fiscal year. Virtually 2 none of that million four was strategic planning. I 3 don't remember what the exact number is, but it's 4 relatively small of the million four. 5 CHAIRMAN LONGO: Yeah. But we could separate 1-11 N -7n. _nn�Il Donovan uourT- xeperL-liiy, 111 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 IN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 68 that out, what should be -- MR. KUCK: I think they really are separated. MR. VAN ARSDALE: I think that's the approach that I think we need to take, is to look at what are, really, enter -- enterprise funds, and the other are general funds. MR. PEEPLES: The idea being that when people come in for an application and pay an application fee for the short -range planning type of functions, that application fee pays for what they want -- the service they want performed, and it pays for the timetable that they're asking for. CHAIRMAN LONGO: Right. Okay. Are we under a general consensus? MR. VAN ARSDALE: And the only thing I'd like to see is, again, when we look at levels of service that, we look at -- that we don't focus on averages, because I think they're misleading, or they're not -- not -- not misleading. They're not precise enough, and they don't -- they're hard to nail down the problems. MR. BAKER: Agreed. CHAIRMAN LONGO: Dalas. MR. DISNEY: Listen, we -- we have a copy of this, again, dated 4/11/2001. We went through this, and we marked it up, and the level of service targets Donovan Court Reporting, Inc. (941) 193 -UU2l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 M. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 69 that Peter is talking about were at one time marked up and discussed here in this room. MR. BAKER: Can somebody provide me -- MR. DISNEY: I have -- I have that back in my office. I can do that. And I don't know, Peter. Maybe you have yours. We can compare notes, make sure that we get the right information here so we've got the right targets, and you're only doing one time again and we move on with what we've already reviewed. MR. BAKER: This is the publication -- the last action that Bob Mulhere did. CHAIRMAN LONGO: We sat down and reviewed it line by line and changed -- and tweaked some of the numbers. MR. KUCK: And my notes -- I don't have the current numbers, but it looks like we revised that in -- on February 8th of last year. So that may be where you can kind of look on one of our previous meetings. MR. BAKER: That can't be because this was dated April. MR. DISNEY: That was 4/11. This is April of 2001, this year. MR. ABBOTT: We covered it once, yeah. MR. DISNEY: We reviewed it at about this time, I Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1� lF 1^ if l� 2( 2: 2: 2 2 2 16J1 70 think. MR. BAKER: Nope, correction. He's looking at a -- Tom is looking at one dated January 24. MR. KUCK: And this was when Bob Mulhere went through these and worked with you. Bob left in April, so I think that -- anyhow, I may have a copy of what -- what we discussed at that -- MR. DISNEY: The review that I'm recalling was Bob's information. You were in on the meeting. Bob had already gone. So if Bob left in -- in April, then there was a markup since this. I'll pull out the one that I have. We'll just compare the time frames, because I've penciled in every one that we were talking about a change. I -- I just feel like we need to just get all that information out on the table to do it one time efficiently. Yeah. MR. KUCK: I've got some -- but I'm not sure if that was something that I put in or it was from that meeting. But yours -- if you have the same time frames, it was the one that we discussed back a year or so ago. 3 MR. DISNEY: Okay. Very good. Very good. 4 MR. VAN ARSDALE: May I correct the spelling of 5 simultaneous? Donovan Court xeporLing, inn. k�- L) -o- -- 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 71 MR. PEEPLES: It's not correct. MR. DISNEY: I'll -- I'll look at -- I'll look at mine. Peter, I'll call -- I'll call you and to -- well, is that a violation of sunshine or -- MR. ABBOTT: No. MR. DISNEY: I can -- I can call and we can make sure that we've got the right information, and either Peter or I will get it to you, Denny. All right? MR. BAKER: All right. MR. DISNEY: Thank you. CHAIRMAN LONGO: Do we have anything else? We're -- so we have an agenda for -- MR. BAKER: I'd like to make one -- this was a very good meeting, and it was very focused. And we didn't wander all over the place. We had good attendance. Thank you for your input. MR. PEEPLES: We wandered a little bit into detail but -- MR. DISNEY: I -- I had one -- MR. ABBOTT: I was ready for one. MR. DISNEY: -- one comment. As -- in preparation for this meeting, I had called a couple of engineers and asked them about planning reviews and what we could do to improve and did they have any suggestions or did they want to be involved, and the Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 KA on 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 72 two individuals I talked to, no, they didn't want involved and they didn't want their firm names known because they didn't want to have that out here. But at the same time both comments were nearly identical, and it was get the things that are not related to civil engineering out of the review process. If it's vertical or if it's plants, get it out of the civil review process, period. Stop mixing these two issues because it just slows the thing down, and the two are complicated enough by themselves. When you put them together, it just -- it just causes horrible problems for them. MR. BAKER: Can you please define civil? MR. DISNEY: Under -- utilities, underground utilities, water retention, roads -- MR. BAKER: Okay. MR. DISNEY: -- anything that isn't building related, anything that isn't landscape related. MR. BAKER: Okay. I see. MR. DISNEY: Okay? I mean, simply put, get me -- as a civil engineer, get me away from landscaping, and get me away from architecture. MR. PEEPLES: And environmental. MR. DISNEY: Well, environmental -- MR. ABBOTT: Those are the same, I would think. Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 l A'l 10 11 12 13 14 15 16 17 18 19 20 21 22 2- 24 2_` 16J1 73 MR. KUCK: I understand the architectural landscaping because that's basically a -- that's where the -- the large holdups have been the last few years. MR. DISNEY: That's exactly right. And -- and those, I think, as a primary focus, would -- would assist what I'm hearing from -- from civil engineers. It certainly would assist what I do as a professional in architecture. How do we do that? Again, I -- I would -- I would fall in line with what Peter's saying is, that's up to you guys, but, my God, it has just created horrible problems. CHAIRMAN LONGO: The analysis, again, is that you have SDPs being held up for building permits for paint chips and architectural review when these guys want to get going on their infrastructure, and it has nothing to do with what they're doing vertically. MR. BAKER: So simply stated, Dalas, you're saying get all civil engineering issues out of architecture or planning? MR. DISNEY: Take it however you wish, but -- but if -- if I'm dealing with architectural issues, I don't want to have to deal in my building permit with -- with all of the civil issues that have to do with planning. And -- and, likewise, they, in dealing with Donovan Court xeporti.ng, inc. ky4i) /7J -VVGl 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 16J1 74 an SDP or a planning issue, don't want to be dealing with the building design and the colors, which are long down the road. Now, I know why we did that at the point that 2.8 of the LDC was enacted, and it was to try to get that integration there, but I got to tell you guys, it's not working. MR. VAN ARSDALE: I think -- here again, I think that's the kind of issue that is decided when we set our standards and then how to get there because it -- MR. DISNEY: Right. MR. BAKER: It's got to be part of the solution. MR. VAN ARSDALE: The same amount of time that they -- I mean -- I mean, I don't know if you can build your building and get your architectural review -- or even do your site work. I don't know how far we want to go on that, and I -- I guess I think that's a process decision that will come out of the standards we set. Maybe they need to be separate. Maybe they can't be separate. But then we -- I mean, I think every -- everything is doable if we have enough money and resources to get it done, and that's what we decided once we set the standards. I mean, I wouldn't spend a lot of time pulling that out or figuring -- solving that problem until we really say Donovan Court Reporting, inc. �y41) 17J-VVG1 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 75 how fast we want to get these things done and then -- then determine the process. MR. DISNEY: I understand, and I agree with that. But as you're thinking through the process, that in the back of your mind, I think, will help to guide some of -- some of those things and how we do it. Undoubtedly there's still going to be an overlap on some issues because it does make sense. Rather than just having a rectangle on a piece of paper that says there's the building and flying on with an SDP, it does make some sense to look at what the design of that building is up front so that we're not just leaving it wide open to an approved SDP and six months from now when those plans show up, it's, "Oh, my God. How did that get approved ?" I don't think you can back up to that point. But -- but it's gone beyond what I think is reasonable in that aspect up front. CHAIRMAN LONGO: Perry? MR. PEEPLES: Dalas just made my point before we wrapped up, which was, you know, it may be politically unacceptable to the commissioners to pull out architecture and landscaping issues. You know, it depends on whether it's an SDP or a PUD, particularly the new board and the direction they've gone over the Donovan Court Reporting, Inc. (941) /93 -UU2i 2668 Airport Road South, Naples, FL 34112 1 2 3 4 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 76 last several months. People are going to want to see what's going to be built there. They're going to want -- going to want to see the architectural plans. And I know it has nothing to do with the engineering, with the surface water retention, or the underground utilities but part and parcel of the whole thing. I don't know that they will separate those two. CHAIRMAN LONGO: Yeah. But part of that is that they're getting it down to the nitty - gritty what paint colors are going on the building at that point, and that's not necessary, little things like that. Those are the type of things they need to get out of there. They don't need to know what the color the building is for where the building's going to go for water retention or parking and stuff like that. So those are the little things that between engineering and -- and -- and plan review on the planning side you guys need to take a look at. You have a routing schedule of where everything goes, I mean, looking at your routing schedule first as to see what type of permits are being asked for and where it's going and what departments. And if it's sitting on someone's desk that all they're doing is signing it through because they don't have a review on it or it's a two - minute review, then maybe it doesn't Donovan Court reporting, inc. ky4i) /:�70 -vv4l 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 16J1 77 need to be there. That's what -- that's what Dalas is saying. And you're absolutely correct. On the other side of that, yeah, they don't want to issue a square box on a site plan and then come back with a 50 -story building. But, you know -- MR. VAN ARSDALE: Well, yeah, but not to beat this thing too much, but I think the bigger -- I mean, from my perception at this point, without really looking into it, is just they can't get their work out. It's not so much that their work is so time consuming that it bogs it down. They just can't get it out. And they are looking at stuff that, you know, they want an architectural review for an interior tenant improvement. Give me a break. MR. DISNEY: I think, Peter, it depends on which review you're talking about. MR. VAN ARSDALE: Yeah. CHAIRMAN LONGO: And that's part of it. I think that's part of it. And I think -- I think we did good today. I think we set some good standards on the permitting side. You know what direction we're headed on the planning side. Is there anything else you need from us? MR. RILEY: I just -- Donovan Court Reporting, Inc. (yMi) /y)J -UUZi 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 16J1 78 CHAIRMAN LONGO: Ed? MR. RILEY: -- would like to mention, Denny, is that on the planning side when you're doing the review for who's reviewing what and why and what they need, maybe get some of those people in the room and talk to them altogether, because I think there are processes that can be changed that can be requirements that can be made. For instance, if we have an insubstantial change, provide a copy of the approved plan with the insubstantial change because right now you've got one plan in records, and then I don't care if you simultaneous review it and if you've got five people to go and find that plan, only one is going to get it. And then you've got to wait until it gets -- if they can find it; okay? And so, you know, that -- that creates a problem, because I've gone down there many a time to try and find a plan to see what they're changing because it's not highlighted, it's not clouded. You know, and then you've got a great big plan, change this little piece in the corner, and now I'm reviewing the whole thing trying to find out what they did, and it's not clear and concise. If we make the requirements they give us, you 5 know, tell us what -- first of all, in writing what Donovan Court Reporting, inc. 1941) 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 79 the changes are, cloud it, and highlight it, and give us a copy of what the original approval was, you don't have to go anywhere. All of the information is sitting in front of you to review it. CHAIRMAN LONGO: That's down to the sheet number and -- MR. RILEY: Right. CHAIRMAN LONGO: -- date the sheet was issued revised or whatever. MR. ABBOTT: Well, one -- one -- this is what the GIS was supposed to be this past of the year and start curing all of this so we'd have all these records immediately available, snap your fingers -- CHAIRMAN LONGO: We're working on it. MR. ABBOTT: We're paying a lot of money for that, guys, and we don't have it. MR. DISNEY: I think you misstate. It's not the GIS; it was all of the scanning of all the records. MR. ABBOTT: Well, that, too, but that -- that was part of it so everything would be indexed, and the GIS would give you everything there ever was, including how many gopher tortoises lived there before anybody else was around. MR. BAKER: That's a long way off. CHAIRMAN MASTERS: I would suggest you involve Ed Donovan Court Reporting, Inc. (y41) /yJ -UUzI 2668 Airport Road South, Naples, FL 34112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16J1 80 Riley's department because you're going to have some stuff come out of planning so -- MR. BAKER: I'll meet with Ed separately. CHAIRMAN LONGO: You know, a sit -down with your staff as to getting all our comments as to what's necessary and what's not. Do we have anything else to do -- to say or do? (No response.) CHAIRMAN LONGO: We're adjourned. Thank you. * * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:46 p.m. DEVELOPMENT SERVICES ADVISORY AD -HOC COMMITTEE DINO LONGO, CHAIRMAN Donovan Court Reporting, inc. (y41) /y)J -UUZI 2668 Airport Road South, Naples, FL 34112 COURT CERTIFICATE STATE OF FLORIDA COUNTY OF COLLIER 16J1 81 I, Barbara A. Donovan, Registered Merit and Certified Real -Time Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this day of , 2002. - __Z "a � Barbara A. Donovan !,A£ Ii, O1 .\ A DONOVAN N1N' (U�',R,HS,10N # (T`7 ;0213 Donovan Court Reporting, Inc. (941) 793 -0021 2668 Airport Road South, Naples, FL 34112 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIPT OF THE MEETING OF THE DEVELOPMENT SERVICES ADVISOFY COMMITTEE January 16, 2002 LET IT BE REMEMBERED, that the Collier Development Services Advisory Committee date at 3:30 p.m. in Special Meeting at Community Development and Environmental North Horseshoe Drive, Naples, Florida, following members present: County met on this Collier County Services, 2800 with the CHAIRPERSON: Thomas Masters, P.E. Dalas D. Disney Robert L. Duane, AICP Marco A. Espinar Brian E.Jones Dino Longo Bryan P. Milk Thomas R. Peek, P.E. C. Perry Peeples, Esq. Peter H. Van Arsdale Charley Abbott ABSENT: Blair A. Foley, P.E. ALSO PRESENT: Patrick White, Assistant County Attorney Herbert R. Savage Denny Baker ',j4• �- ������ Fiala Joe Schmitt Carter Ed Perico Z Henning Coyle CQ1 � CJ 4 i >: 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN MASTERS: Let's go ahead and call the meeting to order. Do you want to add that to the agenda? MR. ESPINAR: Discussion at the end, I guess. CHAIRMAN MASTERS: Anybody have any amendments they would like to make to the agenda? MR. DISNEY: I have one. 2B, selection of members. Is it members or officers? MR. DUANE: Officers. MR. DISNEY: I thought we were not officers, I thought we were just members of the board, not necessarily officers. I just wondered about that. Were we not going to have chair, vice -chair re- appointment at this meeting? MR. LONGER: Correct. CHAIRMAN MASTERS: We thought we'd have the new members in place so we could vote on that at this meeting. MR. DUANE: I don't think they got appointed. CHAIRMAN MASTERS: I don't know why we couldn't go ahead and have the vote today and pass the gavel at the next meeting. MR. DISNEY: It should be part of our 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 package here. MR. ABBOTT: Why didn't that happen? Why didn't they get appointed? CHAIRMAN MASTERS: I don't know. MR. SAVAGE: We didn't have an administrator then. MR. DISNEY: I was just wondering about that and adding that to the agenda. CHAIRMAN MASTERS: So let's do a chair and a vice -chair election. MR. PEEK: I thought that's what Item B was, was the selection of those officers. CHAIRMAN MASTERS: We still have resumes. MR. PEEK: We voted last month to recommend appointment of new members. CHAIRMAN MASTERS: We are not going to change our recommendation from last time. MR. ESPINAR: These resumes that are in here are the people we have appointed. CHAIRMAN MASTERS: Under B, then let's just reiterate our previous MR. ABBOTT: Here is the question: Did the commission fail to tend to this or did staff fail to take it to the commission's attention? CHAIRMAN MASTERS: We'll have to ask our I 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 staff members. MR. ABBOTT: Damn right we have got to ask them. CHAIRMAN MASTERS: All right. We have an Item C, election of chair and vice - chair. With that, I would entertain a motion to approve. MR. JONES: I would so move. MR. LONGO: Second. CHAIRMAN MASTERS: All in favor? (Unanimous response.) CHAIRMAN MASTERS: Any opposed? (No response.) CHAIRMAN MASTERS: Hearing none, the agenda is approved. I would imagine we would want a presentation from someone on the amendment before us, wouldn't we? MR. DUANE: I can probably give you a little background on it, if it helps. There is a provision of the code that actually one of my clients took advantage of that allowed you to pay for your adequate public facility certificates before you have your subdivision plat or site plan approved and in my mind it's a loophole, and it only has been taken advantage of on a couple of times before, but I think it would be unfair to give 4 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 facilities certificates to someone that hasn't even had an approved development plan, which could rob a legitimate person going through the process if there are capacity issues the opportunity for him to get a certificate and I think with us looking at concurrency a little differently I can think that this provision probably needs to be removed from the code, but that's just my personal opinion and that's a little background, for what it's worth. CHAIRMAN MASTERS: Mr. White? MR. WHITE: I will defer temporarily to Mr. Peeples. MR. PEEPLES: I understand what Bob is talking about there, but I do have a question or concern about that and that is if you are going through the platting process, it's a very, very expensive process. If you are about to embark on spending hundreds and hundreds of thousands of dollars to go through the process, it would be nice to know that the public facilities will be there when you finish that process, and perhaps that was the reason it's included that you can purchase your concurrency requirements in advance. Just a thought. CHAIRMAN MASTERS: Mr. White? MR. WHITE: Patrick White, Assistant County 5 2_ 1 I Attorney. 2 3 4 5 6 7 8 9 10 3 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The other interesting aspect of this provision is that although you can come in and pay an estimated amount, as typically being done for the maximum intensity for your development, even if you don't know how many units on the plat or what your SDP, you know, otherwise will allow you to develop, you are still paying an estimate and it goes into an escrow type of account, and although you are locked in for your capacity of the infrastructure, you are not precluded from paying, when you get the building permit, the impact fee rate, if they change and increase from the time at which you pay the money as an estimate for the time the actual amounts are owed, when you come in for your permit. So, other than utilizing capacity, there is no way to lock yourself in and, arguably, if everyone were allowed to do just that to the maximum development intensities that they have without any, quote, site development plan or other kind of building permits, you can envision that very quickly in an area where there might be the potential for an area of significant, whatever that ASI stands for, quasi moratorium, that I think no time at all all of the available capacity would be sucked up by folks coming I 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 in and just merely plunging down some money for one of these certificates. So there are a number of competing ideas out there, and maybe it's appropriate to consider the notion that if you have applied for or have had a pre- application for a plat, if that be the appropriate issue here, you can request a certificate to lock it in during the duration of your application. MR. SAVAGE: Mr. Chairman? CHAIRMAN MASTERS: Yes. MR. SAVAGE: I have always believed in KISS, Keep It Simple Savage. Is that a simple solution to all of this? We get so complicated in our paragraphs and commas and sentences that - -- MR. WHITE: The staff's perspective is that the simplest thing to do is get rid of the point of entry into the system at that point in the development cycle. You have to be further in the development cycle before you can come in and ask for that. That's obviously the simplest thing. Whether it's the best policy choice, I don't know. MR. LONGO: What does indemnifying the property in question against the impact of concurrency actually mean? 3 IUd 1 1 MR. WHITE: It means that you pass go. 2 MR. LONGO: But you just got done saying we 3 are still subject to revised impact fees if they 4 change within that time period of your final order. 5 MR. WHITE: But you have been allocated 6 infrastructure capacity. You have a guarantee. 7 Now, if you decided to change your mind and 8 you don't want to go forward with your subdivision 9 plat or whatever the case may be down the road, you 10 can take that certificate and surrender it and you 11 will be, quote, refunded your money minus whatever 12 small amounts for processing. 13 MR. LONGO: Well, I'm just pleading 14 ignorance here, but it says in exchange for the 15 deposit of the estimated impact fees that would apply 16 to the development and the Collier County impact fee 17 trust fund, the way I am reading this and maybe I am 18 wrong, is that it is kind of saying that if you pay 19 your monies up front on the estimated, where does it 20 say -- where does it say in writing, Patrick, what you 21 just told us, that if your fees are going to be more 22 in the future because they change for whatever the 23 reason, that you get to pay the difference. 24 MR. WHITE: Just to make sure we are on the 25 same page, we are talking about the deletion of N. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3.15.7.3.1.2? MR. LONGO: Correct. MR. WHITE: Well, the actual provision that I'm talking about does not appear due to a municipal code corporation publishing error and it may or may not be that staff is aware of that. I clued them in on it. This is the first time I'm reviewing this provision and it may be that their intent is also to modify that provision as well, but as to what this says, it just deletes the point of entry unless you are further along in the process. MR. VAN ARSDALE: I think part of my question was answered and that's that the reservation fee is refundable for some sort of nominal charge, but it sounds like if it's there, and I think Perry's comments are well made, I think that people would like to know, you know, if they are going to get the rights to build something, if they go through the planning process. I guess what's going through my mind is would it make sense to make the amount of money non - refundable, only because otherwise it's just going to be one more game that you have to play to sort of get in line. Space gets tight and everybody will run in to get a reservation and then that really serves no E 4 10 10*) 1 1 purpose, and what you don't want to have happen, I 2 think, is -- I don't know long you can hold on to 3 that. Is there a limit? 4 MR. LONGO: That depends upon how long it 5 takes them to get it out. 6 MR. VAN ARSDALE: Let's say you just sort of 7 want to tie them up. Some guys can run building 8 permits out for years, some guys can run these 9 certificate holdings out for years and just to hoard 10 them and I think that would be an issue, that's a 11 potential issue right now. Nobody has done it, but I 12 think - -- 13 MR. DUANE: They are good for three years, 14 Peter. 15 MR. PEEK: They're good for how long? 16 MR. DUANE: I think three years. 17 MR. PEEK: What happens at the end of three 18 years? 19 MR. DUANE: The certificate would expire. 20 MR. PEEK: Then do you get your money back? 21 MR. DUANE: Then I think you would get your 22 money back. 23 MR. ABBOTT: It would be only fair. Do they 24 pay interest on those things? 25 MR. WHITE: We're not going to discuss that 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at this time. MR. LONGO: Then it's not worth the vote at this time. We need to have all the pieces. CHAIRMAN MASTERS: Perry, did you have something to add? MR. PEEPLES: I think the point Patrick made and Peter also made is very well taken, that particularly in light of the potential change in the way concurrency is handled in this county, if it becomes apparent that there is a potential lack of adequate public facilities there may be a rush to go out and lock these things up. I can understand staff's concern that that not happen and I think it's in the best interest of the economy of Collier County that that not happen, that big developers with deep pockets don't go out and buy these things up that they may need some three years down the line. I'm wondering if the possibility of either shortening the period for which these certificates remain valid or, as Peter said, making all or a portion of these monies paid non- refundable, - or since it can be done at any time, tying it into some point in the development process, theoretically, before a tremendous expense or time is incurred by the developer. 11 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 If any of those are possible means of meeting staff concerns, I think they're legitimate concerns about tying these up in the event they become kind of a rare commodity. CHAIRMAN MASTERS: It seem to me if people are reserving this and they're putting this money down, then in an effort to meet concurrency, it would be nice if we could use those funds to also provide the facilities in advance without their - -- MR. WHITE: Mr. Chairman, I wasn't trying to be cutsey with Mr. Abbott's comment, it's just that the notion of whether those monies are, quote, refundable, whether they can be used by the county and whether they are for those reasons considered to be quote, principle, such that interest could flow from them and who that interest would belong to, who is the escrow agent, although I said we weren't going to talk about it, I can at least tell you that those are the issues that flow around it. If we don't have the point of entry into the system that early on, those don't become real world issues because folks who would come in and pay these kinds of dollars generally are moving forward in the development cycle, have a plan for their SDP and the completion all the way through to construction, so 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 5 20 21 22 23 24 25 13 what I see staff attempting to do, I'm not arguing or advocating on their behalf, but my understanding is that this was intended to fix what was immediately recognized was, quote- unquote, as someone had mentioned earlier, a loophole, and that a more reasoned and better considered way of looking at 3.15 is already in the works and anticipated for a special cycle, probably beginning in February. So I think that these issues are well timed, discussing them is poignant, it's just as to this specific thing that we are looking to have essentially a separate ordinance created for and heard on by the board by the 23rd of this month. That's what this is about. I think we will be having a more detailed discussion, we'll have staff here to answer your questions and give you the overall presentation of what is envisioned and how we adjust 3.15 to fit not only with what the concurrency issues are with respect to transportation, but also to the administration of the entire process. CHAIRMAN MASTERS: Any further discussion? MR. DISNEY: I guess just based upon what I heard I'm wondering why we are even dealing with this. If 3.15 is being revamped in its entirety, why do we 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 have a special meeting to deal with this issue here today? MR. WHITE: Precisely because it is a point of entry that is essentially a loophole, if you will, that you do not even have to have a plan of development. You need merely only to request a certificate and essentially an estimate of what your intensity of development and hence estimated impact fees are in paying your money. MR. DUANE: How much has that happened so far? MR. WHITE: It has happened in one instance. I will mention no names, but I will tell you that these folks put up $15 million. MR. DUANE: And had no approved plans and one or two of those projects were going to be on what may be future constrained roadways. MR. WHITE: And better yet, they originally requested to do it with a bond. MR. DISNEY: So I guess what I would surmise from that is that we are trying to cut off, we are trying to cut off a loophole for a potential because of someone else's past action at this point and in February we are going to see this whole thing over again? Is that what I am hearing? 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 MR. DUANE: I think you are going to see some new concurrency related procedures that will kind of change how we have done business in the past. I think they told us at our last meeting, rather than doing the A.U.I.R. report every year, we are going to be kind of doing it on a daily basis. We are going to be doing a snap shot every point in time that you come in to file an application. I just think that this is unfair for people who go into legitimate business of doing development that their plan may somehow be obviated in some way, shape or form. I think it was done in Carillon back in the early 190s. That may have been the only time that that was used for, so it hasn't been used very often. MR. WHITE: To my knowledge, one, other than this most recent example. MR. DISNEY: I guess my only other comment -- I don't generally, I guess, having heard all of that, that I have a problem with this, but what I do have a problem with is getting this on Friday, again last minute, hurry up, we've got to make the cycle again. I'm still smarting from getting rammed on that sewer impact fees and having no time to review it appropriately and I have got to tell you I don't 5 W ivq) 1 1 want to go through that anymore. Just as a personal 2 observation. 3 CHAIRMAN MASTERS: We had the same 4 discussion involved with that. We do have an issue 5 and obviously the board is going to hear it, so we 6 might as well try to provide some productive comment 7 on it. 8 MR. ABBOTT: My issue is very much with 9 Dalas. We get it at a last minute rush and then we 10 hear all this stuff about special arrangements to have 11 something in February, the 23rd, I think we ought to 12 make it 30 to 60 days every time they bring something 13 like this, so that we march slowly and measuredly 14 because we screwed up in the past a great number of 15 times. How many times does stuff come back to us? 16 MR. WHITE: My point was the cycle would 17 begin in February. 18 MR. ABBOTT: But the other part of it, 19 though, is we are forever rushing into stuff and I'm 20 just tired of it. After the second impact fee, when 21 you asked measured in reasonable questions and they 22 pretty much tell you to screw off, we are going to do 23 it anyway, so if they are going to do that, then why 24 should we play ball on some rushed up schedule. 25 I say no, make it go slow so we all can have 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 a chance to read it, consider it, and only then vote on these things. CHAIRMAN MASTERS: I understand your point. Perry? MR. PEEPLES: I have a question, perhaps for the people on the board who have, you know, taken a piece of property through the platting process or the SDP process, it's my understanding that to go through for final plat approval is not only lengthy but very expensive from an engineering perspective. In getting the final SDP, am I correct in believing that's a short process and perhaps less detail is required for the plat and therefore it might not be overly burdensome to ask a developer to have a final SDP before they gain their certificate of adequate public facilities? MR. DUANE: Right now you can pay the earlier point in the process, time of platting or site plan approval. MR. PEEPLES: That's the earliest, so if you were going through it and you were obtaining an SDP, what I am getting at -- again, my concern was a legitimate developer going through the process has no guarantees and could expend tremendous time and monies to find out at the end of their platting process that, 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M I'm sorry, you can't go forward with this project or you can't until adequate public facilities are available and who knows when that will be, so is it less expensive and time - consuming to obtain that SDP and at that point apply for the concurrency certificate? MR. MILK: I think it's a matter of timing, Perry. Some of these developments require platting, some may not. You can actually achieve a site development plan on a parcel that has already been platted, not need the platting process, or just the opposite, it may go through an SDP and then require a plat after that. MR. PEEK: It may not even go through an SDP to be platted, because those are not lock -step necessary, so I think that, if I am understanding this whole discussion, is that right now you can come in, even if you have a twinkle in your eye about something you want to do and make an application to buy a certain number of concurrency units, for lack of a better term for them, without having done anything, almost, and what this is proposing today is at least it is saying let's get something through the approval process before, as Patrick calls it, the point of entry for you to make an application to buy your 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 units, so some of that makes sense to me. It makes a lot of sense to me. MR. PEEPLES: A lot of it makes sense. I certainly understand the concern. MR. PEEK: If everyone started playing the game as it's written today to go and buy all of the units, I think it would leave the whole approval process in a state of chaos because if you are coming in with -- let's use that subdivision plat -- and you want to make an application for it and the county commissioners are going to turn and say, well, using what is proposed as their newspaper calls it, I think their checkbook accounting process, and they are going to sit there and I will guarantee you when they are in this checkbook accounting process, when they are approving a new subdivision, they are going say, well, do we have enough money in our checkbook in order to provide the utilities or services, public services, and somebody is going to answer and probably going to say, no, we don't today and they're going to go down the tubes, whereas if you have the process, the approval process coming before being able to buy down your units and apply to your specific case, your specific subdivision, it seems like a more rational way to do business. 19 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 MR. DUANE: Perry's point, which we don't want to lose here and I thought it was a very good one, is that when you submit this plat, if it takes you three or four months and you do get one of these AUIRs imposed, I think out of fundamental fairness, is someone has submitted a complete application and complied with all the requirements and this just happened to occur while they are in the process, I'm wondering whether we ought not to make some revisions to our adequate public facilities ordinance to try to preserve that right for legitimate people that have filed applications that are in the process and I would just throw that out. MR. LONGO: If I'm hearing this right, and based upon what we just heard on water and sewer, they have already planned for all the public adequate facilities up to the year 2020, so today you should be able to go in and say I'm building a subdivision here and they should be able to tell you today when you are supposed to get water and sewer to it. MR. ABBOTT: With 30 percent surcharge for bad estimates. MR. LONGO: It's just that we just got slammed by the county telling us, oh, we're doing our good planning now, we are going to go out 20 years, 6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your impact fees are just doubled as to a 30 percent contingency blah, blah, blah, and now we can't -- I understand the other parts. We don't want people buying up the certificates of public facilities, of adequate facilities, but according to the county, we're going to be adequate for the next 20 years because they have a plan, so there is nothing that comes in tomorrow or the next day that theoretically should not be okay. MR. DUANE: But that doesn't hold true for roads. MR. PEEPLES: Water and sewer. CHAIRMAN MASTERS: Go ahead, Pat. MR. WHITE: Just one final comment, gentlemen. Hypothetically, if somebody has $15 million to do this, maybe there is somebody out there that is even bigger who is strictly for market reasons to corner, if you will, the market and preclude any other development, all they have to do if this provision remains in effect is essentially buy everybody out and if they can do it in a way that they leverage their money, they will get a tremendous return. Now, the notion I mentioned earlier that somebody tried to bond that, I can tell you we did not 2] 7 22 i vv i 1 allow them to do it. They had to come in with cash. 2 MR. LONGO: Is that up to us to decide what 3 the free enterprise system allows people to do? 4 MR. WHITE: What staff is asking you to do 5 is to recognize that the whole economic rules of fair 6 play that you operate under in each of your businesses 7 today are subject to something in that hypothetical 8 actually coming through. 9 MR. DUANE: Mr. Chairman, I'm prepared to 10 make a motion if there is no further discussion. 11 CHAIRMAN MASTERS: All right. Go ahead. 12 MR. DUANE: I would like to recommend 13 approval of the staff revision to 3.15.7.3.1.2 for the 14 reasons we discussed amongst ourselves. 15 MR. PEEK: I will second that. 16 CHAIRMAN MASTERS: And a second from Tom 17 Peek. 18 Any further discussions? 19 MR. SAVAGE: I would like to ask Bob a 20 question. 21 CHAIRMAN MASTERS: All right. 22 MR. SAVAGE: You were talking a few minutes 23 ago about helping these people who were already in the 24 process. Is what you are proposing do that? 25 MR. DUANE: No, that is going to require 23 1 another of the adequate public facilities ordinances 2 to be reviewed in some way. 3 MR. SAVAGE: When are we going to discuss 4 that? 5 MR. DUANE: That's going to come before 6 us - -- 7 CHAIRMAN MASTERS: We are not making any 8 amendment to that at this point. 9 MR. SAVAGE: So we'll forget that? 10 CHAIRMAN MASTERS: Right. 11 MR. WHITE: It will come before you. I 12 don't know whether it will be February or March, 13 whenever the cycle plan is, but we know that that is 14 the next thing coming through the LDC amendment 15 pipeline. 16 CHAIRMAN MASTERS: Any further discussion? 17 MR. DISNEY: Just once again, I want to 18 encourage staff, the bit of staff we have here - -- 19 CHAIRMAN MASTERS: We have an important 20 staff member that we'll get to. 21 MR. DISNEY: That these items don't come 22 before us in an untimely fashion in the future. Just 23 while I know where this is going to go, just as a 24 matter of position, I'm going to vote no on this just 25 on principle. 7 24 1V0 1 1 CHAIRMAN MASTERS: Let's go ahead and call 2 the motion, then. All in favor? 3 (Response.) 4 CHAIRMAN MASTERS: Any opposed? 5 (Response.) 6 CHAIRMAN MASTERS: Four opposed. We have 7 Herb Savage, Dino Longo, Dalas Disney and Charlie g Abbott opposed. All the rest are in favor. 9 All right. Motion does carry. 10 MR. VAN ARSDALE: You might as well change 11 my vote because I had to sit through that three hour 12 sewer debate. 13 MR. DUANE: Mr. Masters, may I be excused? 14 CHAIRMAN MASTERS: Yes, thank you for your 15 input. 16 With that, let's move on and I don't think I 17 can appropriately introduce you, so I'll allow you to 18 introduce yourself. 19 MR. SCHMITT: I'm Joe Schmitt, I'm the new 20 guy in the saddle, as they say. 21 MR. SAVAGE: You're the one that lives in 22 the Schmitt house. 23 MR. SCHMITT: Yes. Been in the job about a 24 week, actually a week yesterday, came here and so I am 25 kind of drinking from the fire hose. 7 A 25 1 My background, 30 years in the military, 2 just retired. Actually, officially, 1 January. My 3 last job I was the District Engineer, U.S. Army Corps 4 of Engineers in Savannah. I had about a thousand 5 people there, scattered over three states, involved in 6 military construction about, oh, three to about five 7 billion dollars of construction overall and 14 g military installations, lots of work. So I had the 9 military construction side for three states and civil 10 works projects in the State of Georgia. 11 That's my background. I also kind of came 12 up through the ranks in the military and we'll talk 13 about that if you -- if anybody wants to talk about 14 all the war stories. 15 Education, undergraduate degree in business 16 and in engineering management and masters in civil 17 engineer construction management, masters in systems 18 engineering and masters in resourcing national 19 strategy, so I guess I come with the education, kind 20 of the leadership management background, but this is 21 my first time working at this level as far as in 22 county government. I mean, have been at the federal 23 government my whole career, and I worked principally 24 as a Corps of Engineer officer when I worked in the 25 civil works business with principally agencies at the 0 26 1 state and federal level, so this is new to me and I'm 2 looking forward to it. 3 What do I believe in? People, process and 4 communications. I talked about that at lunch today 5 and we just need to have open dialogue and 6 communication. I understand your business and the 7 standpoint you are in business. Well, also for love g of country and mankind and all that kind of good 9 stuff, but also because the good American enterprise 10 system, you know, you make money and we understand 11 that and I understand that, so I'm just here to listen 12 to you and kind of work with the industry and balance 13 all the needs of the community and the industry and 14 continue to move Collier County through the 21st 15 Century. That's all. Thanks. 16 CHAIRMAN MASTERS: Great. Welcome aboard. 17 MR. LONGO: Mr. Chairman, I think it would 18 be appropriate for us to go around the table real 19 quick and introduce ourselves and give a little, you 20 know, where we're from. 21 CHAIRMAN MASTERS: Why don't you lead us 22 off? 23 MR. LONGO: Dino Longo, I own Longo 24 Construction & Development. 25 MR. SAVAGE: Herb Savage, architect, former W 27 1 Corps of Engineers. 2 MR. SCHMITT: I saw your resume here, 3 Reserve Officers Association and - -- 4 MR. SAVAGE: Retired. I'm just tired now. 5 I'm an architect. 6 CHAIRMAN MASTERS: I'm Tom Masters, I'm 7 director of engineering with Vineyards Development, a 8 larger project here in Naples. 9 MR. SCHMITT: I was out there looking at 10 property. 11 MR. ESPINAR: I'm Marco Espinar, I'm a local 12 biologist. I'm the owner of Collier Environmental 13 Consultants. 14 MR. PEEPLES: My name is Perry Peeples, I'm 15 an attorney with the Garlick, Stettler & Peeples firm, 16 representing primarily developers in Collier County. 17 MR. VAN ARSDALE: Peter Van Arsdale, Van 18 Arsdale Construction, here in Naples. 19 MR. ABBOTT: I'm Charlie Abbott, a 20 remodeling contractor. 21 MR. DISNEY: I'm Dalas Disney, local 22 architect and President of Disney & Associates 23 Architects. 24 MR. SCHMITT: Any relation to the big name? 25 MR. DISNEY: Distant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 MR. ABBOTT: Just the ears. MR. DISNEY: With my name and 60 bucks, they let me right in. MR. MILK: I'm Bryan Milk, city planner for Marco Island, formerly employed here for about 12 years as principle planner. MR. SCHMITT: Do you need a job? I'm short of planners. MR. PEEK: I'm Tom Peek, I'm a civil engineer, retired from my former business with Wilson Miller for almost 30 years and I was a county engineer here for five years prior to that, so I have been around here a long time. MR. JONES: I'm Brian Jones, I'm a general contractor with Tamiami Builders. CHAIRMAN MASTERS: And we meet monthly, supposedly. It has been bi- monthly lately. MR. ABBOTT: That's part of our hurry up stuff that we were fussing about that we are meeting more often than we're supposed to and then they don't give us the information, so that's what is prompting that type of a comment. MR. SCHMITT: I apologize for being late, I was at a staff meeting with my boss. CHAIRMAN MASTERS: And this particular point W E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29 we also made clear to Jim Colletta, one of the county commissioners at our last meeting and he did respond and I will give you a copy of that response so there is some dialogue and I think we have the opportunity in this committee over the next year to continue our dialogue a little more closely with the commissioners, hopefully. MR. SAVAGE: Mr. Chairman, Herb Savage. I just want say, Colonel, that it's a pleasure to have you here, pleasure to have someone we know who is going to be here. You know, we've had temporary situations for a while and you can count on every one of these members of this board to give you their heartfelt thoughts on matters. MR. SCHMITT: Great. As a sign of commitment, that was the first thing Commissioner Fiala asked me, she said did you buy a house and I said I have a closing at the end of the month and I did get my Florida Driver's License yesterday morning, so that's almost a commitment. CHAIRMAN MASTERS: I would point out to you that one of the other items in that letter is that they just had a three percent reduction across the board on your budget and we are trying to fight for getting that back for you, so we're not sure what the 9 30 i vv 1 next step is but both commissioners said that they're 2 aware of the issue now and look forward to seeing it 3 in front of them at some point in time, whatever that 4 means. 5 MR. SCHMITT: I told the folks at lunch when 6 I spoke as well that I've got some commitments from my 7 boss, county manager, to look and see what staff I do g need and I will go back and stand in front of the 9 board and say, hey, if you want to provide services, 10 we need the staff to provide it, and we're looking at 11 that. 12 CHAIRMAN MASTERS: We all recognize and we 13 know overtime was being used to try and help tie 14 everything together with a lot of other things that 15 were taken away in this, with the changes in the 16 building code and the rush that's coming through that 17 department. We know there is definitely a need to try 18 and keep some people behind the actions that are 19 needed. 20 With that, we have got a couple other 21 housecleaning things on our agenda. I guess they gave 22 us back our resumes again and I think it was selection 23 of additional officers and I don't know whether we 24 even need to make another motion supporting our 25 previous motion of the four people we recommended for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 those positions. MR. PEEK: I would think so. CHAIRMAN MASTERS: I think we can let that stand. MR. PEEK: Yeah. If we want to restate it, we can certainly restate what was agreed. I think this committee recommended that Herb Savage, Charles Abbott, Justin Martin and Anthony Pires be appointed to fill the vacancies. CHAIRMAN MASTERS: That's correct. So I will let the record show that and I will move on to the additional item, then, and we'll go ahead and elect a new chair and vice -chair for the coming year. MR. DISNEY: I would like to make a motion that we elect Dino Longo as chairman of the committee, currently the vice - chairman. CHAIRMAN MASTERS: All right. MR. PEEK: I second. CHAIRMAN MASTERS: Do we need to do a vice -chair at the same time or do you want to do that independently? MR. PEEK: It doesn't matter. MR. SAVAGE: Well, you should ask for other nominations for that particular office. CHAIRMAN MASTERS: Do we have any other 31 9 1 nomination, Mr. Savage? 2 MR. SAVAGE: No, I don't, but you should ask 3 for it. Let's do this correctly. 4 CHAIRMAN MASTERS: Not hearing any other 5 recommendations, all in favor? 6 (Unanimous response.) 7 CHAIRMAN MASTER: Any opposed? g (No response.) 9 CHAIRMAN MASTERS: Congratulations. 10 MR. LONGO: Thank you. 11 MR. PEEK: For vice -chair I would like to 12 nominate Perry Peeples. 13 MR. DISNEY: I second that. 14 CHAIRMAN MASTERS: Will you take it? 15 MR. PEEPLES: Yes. 16 CHAIRMAN MASTERS: Do we have any other 17 nominations for that position? 18 (No response.) 19 CHAIRMAN MASTERS: Not hearing any, all in 20 favor of Mr. Peeples as the vice - chairman? 21 (Unanimous response.) 22 CHAIRMAN MASTERS: Any opposed? 23 (No response.) 24 CHAIRMAN MASTERS: Congratulations. 25 MR. PEEPLES: Thank you. 32 33 1VJ 1 1 CHAIRMAN MASTERS: We'll hand over the gavel 2 at the next meeting. 3 With that, let's just go around the table, 4 if anyone has any additional comments. One of the 5 things I guess maybe you can restate for Mr. Schmitt 6 that - -- 7 MR. ESPINAR: Marco Espinar, Collier g Environmental. 9 Right now, there is an important document 10 that everybody is looking at and right now I believe 11 the meeting is going on in the Rural Fringe, and that 12 is, you know, the governor's order and what was 13 combined and put together to go up to Tallahassee. My 14 understanding is it's going to be reviewed before the 15 environmental advisory counsel and the planning 16 commission. 17 MR. SCHMITT: Yes, sir. 18 MR. ESPINAR: I understand time is of the 19 essence, but one of the things I don't understand is 20 why this board is being bypassed and even being copied 21 on the information that is being provided to the Board 22 of County Commissioners. I mean, that's a document 23 that is going to affect us all, in all our businesses 24 and this whole community, and I think we should be 25 given an opportunity to at least be provided documents 34 1 VJ 1 1 so that we can review what is being proposed. 2 MR. SCHMITT: Well, I can't answer that. 3 Do you know? 4 MR. BAKER: I don't have any information. 5 MR. SCHMITT: I would have to ask someone. 6 I know there was one additional meeting that was 7 scheduled, and I can't recall, but that had been g scratched off because it was not necessary. 9 MR. BAKER: Joe, excuse me, but I don't 10 believe this group has been copied on anything. 11 MR. ESPINAR: No, nothing at all. 12 MR. BAKER: For a long time. 13 MR. ESPINAR: Yeah. My understanding, and I 14 have got some serious concerns from listening to 15 secondhand -- that's the thing, I'm hearing hearsay, 16 secondhand and I haven't seen a physical document that 17 I can physically read, but I have heard some 18 environmental issues that I know myself -- we all are 19 in our little pigeon hole and I'm environmental and 20 there are some issues I'm kind of concerned with. 21 MR. SCHMITT: I had my first briefing on it 22 yesterday and I sat for an hour and -a -half trying to 23 absorb the whole thing. I go up next week -- we 24 briefed Mr. oliff on that, to give him an update on 25 that again. There will be an advertisement in 35 1VV 1 1 Friday's paper making announcements of upcoming 2 meetings but that's more of public consumption type of 3 meeting. I'm not sure - -- 4 MR. ESPINAR: My understanding is you do 5 have public comment to show up before the EAC and the 6 planning commission with your comments, but as a 7 person from the general public, I would have no 8 problem buying a packet, you know, if that is what it 9 comes to so I could be informed. As a member of this 10 committee, I think as a Development Services Advisory 11 Committee, when we are looking at issues surrounding 12 development, that this is an important issue that we 13 should at least be copied on the information. 14 MR. LONGO: One question is is it legal? 15 MR. SCHMITT: That was my next question. 16 MR. LONGO: What is their authority? This 17 committee is charged by ordinance to look at those 18 types of things. 19 CHAIRMAN MASTERS: Right. Pat, maybe you 20 can give us some input there. 21 MR. WHITE: Mr. Chairman, members of the 22 committee, I believe the distinction is between the 23 prior piece of legislation that you considered was an 24 LDC development, land development regulations. The 25 matters pertaining to the final order and the subject 36 1 UJ 1 1 matter of what the Rural Fringe and Rural Land 2 committees are considering and what staff is proposing 3 are growth management plan provision amendments. They 4 are policy changes. 5 MR. SCHMITT: Policy changes and part of the 6 comprehensive plan. 7 MR. WHITE: And I think that the distinction 8 is that they are further back, if you will, in the 9 development cycle, sort of at the idea of the 10 constitution as opposed to some statute that you guys 11 typically take a look at, and although there may be 12 some tangential reference in the code of laws as far 13 as the scope of what matters you are required to 14 consider, that may make it possible for you to have 15 been provided copies of the information, I know 16 certainly as a matter of law it's not required that 17 you look at it. 18 MR. LONGO: That answers my question. 19 MR. SCHMITT: I understand the charter, you 20 all comment on things that are going on and your 21 commission, basically, by the board is to comment on 22 staff's recommendations for changes to the land 23 development code. 24 MR. ESPINAR: Correct. 25 MR. SCHMITT: These are not land -- this is 37 i vqr 1 1 not even in the land development code process yet. 2 This is the comprehensive plan and - -- 3 MR. ESPINAR: But there is a trickle down 4 effect. 5 MR. SCHMITT: Absolutely, but the next 6 phase will be amendments of the land development code 7 as the plan is implemented. g MR. ESPINAR: But if we start adopting 9 policies, growth management policies that are not 10 feasible -- you know, it's very nice to make all these 11 policies, but how practical are they and we are being 12 denied the ability to look to see how applicable these 13 changes are going to affect development in this 14 community, period. 15 MR. PEEK: I don't think we are being denied 16 that. I think we have the opportunity as anyone else 17 to go to the Rural Fringe meeting if we wanted to 1g participate. I believe they are just not bringing 19 them to us as a matter of course. 20 MR. ESPINAR: No, no, I can understand not 21 bringing it to us for discussion because there is ad 22 hoc committees for that. In fact, the county 23 commissioners did two ad hoc committees precisely to 24 review those issues. What I am surprised of is not 25 that, you know, they don't have time to bring it to us 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 for full, you know, presentation, bring it to us for full presentation, but at least cc us on some of the information that they're proposing. CHAIRMAN MASTERS: Perhaps at our next meeting we can have a little bit more of an update as you learn more about it as well. MR. ABBOTT: I have a comment on that. We can do that as an agenda item at the next meeting. We can have one of the staff members make a presentation in a summary fashion. MR. SCHMITT: Yes, in summary fashion, make a presentation, because I already asked them yesterday, a package, a nice Power Point presentation, because this is going to be an education process for everyone to a consume because it really is -- what's the word? It's not a checkbook but it's more of a -- there is receiving parcels and there is sending parcels, that's the word, and it's designed to move growth in some areas of the county to protect lands and other areas of the county, and that's really a fundamental purpose of the whole plan. MR. BAKER: I would suggest, Mr. Chairman, a summary presentation because their workbook, without exaggeration, is this thick. I don't think this 39 i vv 11 1 committee wants to get bogged down on that. 2 CHAIRMAN MASTERS: I think that would be 3 sufficient. 4 MR. SCHMITT: You won't want to sort through 5 all that. 6 MR. ABBOTT: But it's been what we have been 7 asking for all along, at least I know I have, asking 8 this to be typed and e- mailed to us as a copy. It 9 doesn't cost you anything to print it. If you want to 10 look deeper into it, you have got the option but like 11 this, we could have had that in an e -mail and it would 12 have been child's play. -. 13 MR. VAN ARSDALE: I think they're starting 14 to do that. 15 MR. ABBOTT: I know, and I just urge that we 16 continue it so that no matter where you are -- this is 17 delivered to your office, but I do work all around the 18 state and it would be really handy to sign on and 19 check my e -mail and go. 20 CHAIRMAN MASTERS: Well, you know how long 21 it took for us to get our small text on our minutes, 22 so - -- 23 MR. ABBOTT: Yeah. 24 CHAIRMAN MASTERS: Perry, do you have 25 anything else? 40 11 1 MR. PEEPLES: No, I don't. 2 CHAIRMAN MASTERS: Okay, go ahead. 3 MR. VAN ARSDALE: On the first point, I 4 think it would be helpful, along with this review of 5 the changes to the growth management plan, that we 6 look at the ordinance establishing our 7 responsibilities because I think it's quite vague and 8 I don't think it distinguishes between growth 9 management and comprehensive plan issues and land 10 development code issues, so it would probably be 11 helpful certainly to review that with a new director 12 and become familiar with what we are supposed to do 13 because, I mean, the truth is, if we are just expected 14 to rubber stamp things or give it the five second 15 review, we have all got a lot better things to do and 16 I think that to me is a major issue for this board, 17 that we either give -- if we are supposed to be 18 reviewing things, we can give them adequate time to do 19 so and /or otherwise let's just not waste our time. 20 We really, we have gone over this enough and 21 I guess I thought the responses from the 22 commissioners, that's a boilerplate response, it 23 doesn't acknowledge their justification for imposing a 24 three percent rate cut on a department that's 25 generating a hundred percent more fees than they're 41 1VJ 1 1 supposed to. 2 MR. LONGO: I would question the legality of 3 that as well since those revenues are generated by 4 permit and the reserves are permit fees that are 5 reserved and how they can put a hiring freeze on this 6 department or this Development Services in lieu of 7 that. 8 MR. VAN ARSDALE: It's illegal to charge the 9 rates we're charging right now. The only penalty is 10 that you are ordered to stop. Legalities don't matter 11 in this case, so the policy has been to do whatever. 12 MR. LONGO: Basically, they're telling us we 13 can't spend the 1.13 fund money for improvements to 14 this division if we want to. If Ed tells us tomorrow 15 he needs ten more inspectors, he is not going to get 16 them without asking for a reduction of three percent 17 in their budget overall when that budget - -- 18 MR. VAN ARSDALE: I think that's something 19 that we were supposed to get, was a review -- I guess 20 it's coming, certainly a review of the state statute 21 that links building permit fees to building permit or 22 department expenses. I don't know, is something like 23 that being worked on or do you know anything about 24 that, Patrick? 25 MR. WHITE: Not by my office. 12 42 11 0Q) 1 1 MR. VAN ARSDALE: Could we make that 2 request of you? 3 MR. ABBOTT: We spoke about it at one of our 4 meetings. 5 MR. VAN ARSDALE: Can you give us a legal 6 opinion of the policy of charging twice the cost of 7 building department services for building permit fees? 8 Can we ask that? I mean, that's at the root of the 9 issue. 10 In other words, if we can make it clear to 11 everybody on this board and certainly all the staff 12 and the county commissioners that what we're doing is 13 illegal, then maybe we can get more attention to it 14 rather than sort of the pandering that we got in these 15 two letters. How can we get that answer? 16 MR. WHITE: I can tell you that the 17 traditional process by which our office is requested 18 to provide legal advice is through the form of a 19 request for legal services, and I'm unaware of 20 circumstances where those come from a committee, 21 rather than staff. 22 Our clients, if you will, are the Board of 23 County Commissioners from our office and it's only 24 down through the county manager and various divisions 25 that we have, quote- unquote, similar kinds of client 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 relationships. I sit in this room at the behest of my boss to act as a liaison between the county and its committee for the purposes of assisting but not advising this body. So, to provide you with legal advice to me would be something I would be hesitant to do. CHAIRMAN MASTERS: Can we recommend that you provide this legal advice to the Board of Commissioners? MR. VAN ARSDALE: How about we make a request to Mr. Schmitt, the same request, in other words, to get an answer to this question. I'm not sure how clear you are on it, but - -- MR. BAKER: Excuse me for interrupting, but this is something that came up about four meetings ago, Peter, John Dunnick (phonetic) -- I can't remember which one of us -- made a request, that legal issue was researched, the legal opinion was given back to John, using the term "rational nexus," remember, between expenses and revenue. It was given back to John and we discussed it with a view towards adjusting those allocation expenses in the upcoming budget year, we would continue through the present budget year in the same format. Before the next budget was finalized, we would all sit down and look at the 44 1 Vv 1 12 1 distribution of those expenses, coming back to 1.13. — 2 MR. VAN ARSDALE: Can we get a copy of that 3 legal opinion? 4 MR. BAKER: I don't know that it was put in 5 writing. I will ask John Dunnick if it's available. 6 Maybe you want to ask counsel. I can't remember which 7 lawyer it was. It wasn't you, obviously. g MR. WHITE: No, it was not. 9 MR. ABBOTT: It was -- the Florida -- Dino 10 could speak on it better than me. Wasn't the Florida 11 Association or the Builders Association pursuing this 12 in some way, too, where they gave an opinion? 13 MR. LONGO: On whether the permit fees can 14 be used for other - -- 15 MR. LONGO: Yes, used for the plethora of 16 other activities. 17 MR. BAKER: That was provided to the county 18 attorney along with our request for his review and 19 that was considered in his response. 20 CHAIRMAN MASTERS: So perhaps at the next 21 meeting we can get an update on that. 22 MR. BAKER: That response from the lawyer. 23 CHAIRMAN MASTERS: Okay. Anybody else have 24 any other closing comments? 25 MR. ABBOTT: I've said mine. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 MR. DISNEY: I just had one item, that that is based upon our subcommittee meetings and the level of service discussions we have had in the ad hoc committees, I have file information to pass on to Denny this afternoon so I am just going to talk with him about that separately. CHAIRMAN MASTERS: Thank you. MR. SAVAGE: Mr. Chairman? CHAIRMAN MASTER: Of course. MR. SAVAGE: When we talked about wastewater not long ago, I asked if that was sewage and they said, yeah, and I cannot believe that in 2002 that we can't get into some system whereby we can take care of sewage problems rather than have a brand new sewer plant all the time. There are other means of taking care of those wastes and why aren't we looking into that? That's not Development Services, I presume. There was some remark that we should have a representative of the Public Works Department on our committee, a liaison like we have had with the utility people. From what I'm hearing the director say, maybe we should change the name of this organization. Not Development Services Advisory Committee, it should be called something else because evidently we don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 have any right to get involved in the Public Works discussions and all of those other things. Somehow we ought to start pushing our way around and if we are not supposed to get involved in the development of Collier County through Public Works, the utilities, et cetera, then by gosh they don't need us and I really think we ought to push that. Am I wrong about this? Do you know what I am trying to say? MR. PEEK: No, I don't, and I don't agree with what I think you are trying to say either, because, you know, I don't think that our task to this date has been charged with the overseeing of the Public Works department, which includes utilities and transportation. I think it's beyond our scope to tell us that we're supposed to oversee those two divisions or advise those two divisions like we do the Development Services division. Perhaps then we'd take it on, but to say that because we have been appointed to the job that we have that it should include those, I don't agree. MR. SAVAGE: I don't agree that we ought to have them and oversee them, but we have the utility 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 liaison, which is excellent. MR. PEEK: I might agree with them having somebody participate, but that wasn't what I understood your speech to say. CHAIRMAN MASTERS: And we do to the extent of the utility code. Denny, you may want to talk to that. MR. BAKER: With the changes in the chairmanship, maybe it would be appropriate to start the next meeting with Patrick handing out the ordinance that manned and created this organization. MR. LONGO: We did discuss and it's on record, it has been told us a couple times that we ought to have somebody from Utilities attend these meetings and someone from Transportation to attend these meetings, at least give us an update on a monthly basis as to what is going on, not necessarily to oversee them but to give us an update, perhaps, of what is going on. I think at one time it was determined that Utilities fell under our charge. MR. VAN ARSDALE: Using the concept of reasonable nexus, we can be worrying about how high they mowed the grass at the Community Park, is the way that term is used, but I agree with Tom that we 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably don't want that. The issue for us is the costs. MR. LONGO: Yeah, but we have issues between Development Services and Utilities that's outstanding between between Utilities and Development Services and we're issuing P.U.D.s, SDP's, whatever, Transportation don't know about it on a given day. That's an exaggeration, of course, but it's not going hand in hand and this is going back two years, if I recall, so someone back me up. We talked about this a couple times and part of our dragging out on the utilities ordinance was not having the correct input, other than that subcommittee, from other people on an overview of that, and it took a long time to get through that and I think that if in the future we can have a representative from one of those two divisions come in here and just give us an update, if nothing else. MR. BAKER: What we used to have, because we discussed expanding the committee at one time and then we decided not to, because we would summon the experts we needed, but Collier County has never sent a representative to us from Utilities and we have asked three or four times in my career and - -- MR. LONGO: They came in about two or three 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 years ago and made a presentation and promised we'd have a representative attend the meetings and never did. CHAIRMAN MASTERS: Mudd was in a couple months ago and did the same thing. I think that would be a good idea, though, if we maybe might go ahead and just lead off the next meeting with just a summary again of what it is that we are charged with one more time. MR. WHITE: In anticipation of that, Mr. Chairman, I can tell you that although I usually have it in my three ring, I ran out and got it. I started a new three ring and that didn't transfer, but excuses aside, under 2 -1037 of the Code of Laws, functions, powers and duties of this committee are set forth, and the number of things that are probably the most closely associated with the topics you are discussing is parenthesis 10. It says to review proposed ordinances and codes that may affect the Community Development and Environmental Services Division prior to their submittal to the Board of County Commissioners for approval. My reading of that provision is that it does not require this committee to approve or recommend with respect to comprehensive plan policy changes. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 Whether or not it falls under the scope of some of the other provisions that, for example, say things such as to serve as a primary communication link between Community Development Services Division and the development industry, which includes blah, blah, blah, in terms of different types of professions, it seems that when you read through all 13 of these things, they essentially put you in the posture of a link between this division and the representatives of the development industry with respect to matters pertaining to process and procedure internal to the division. Arguably, to the extent it says ordinances and codes that may effect them, I think when.you start talking an ordinance that leads to the LDC, the Land Development Code, that probably falls more within your area of function, power and duty than does anything along the lines of some goals, objectives and policies that the board itself has to go to the DCA to get the thumbs up, thumbs down from. MR. SCHMITT: Even as I read this it appears that there is no charter that gives them the -- legally defined it there to have coordination of transportation or utilities. Strictly says community development, so - -- 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN MASTERS: Unless we are changing the codes, which do come through subcommittees. MR. VAN ARSDALE: The amendments to the comprehensive plan, are they adopted by ordinance? MR. WHITE: I don't know. They may be things that at some point go into ordinance form. I really don't know. CHAIRMAN MASTERS: Okay. MR. WHITE: I'm not that familiar with the adoption process. It may very well be that they have to at some point. MR. SCHMITT: They will be. MR. VAN ARSDALE: We have to adopt, it's an ordinance that adopts the contents of the comprehensive plan. MR. SCHMITT: This first phase is not an approval of the ordinance, it's an approval of the plan. Then there will be an implementation phase where -- what we really need to do is, again, you are working in the dark and it's a mystery. We'll provide you an update so you know and understand so, again, it relieves the frustration. If you don't know, you assume what you think you know. I'm not smart enough to tell you what this thing is going to do, we'll provide you that information. 51 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN MASTERS: All right. MR. SCHMITT: I don't know, when is the next meeting, a month? CHAIRMAN MASTERS: Two weeks. This is an interim meeting this week. MR. SCHMITT: Oh, that's right. Let's do that in two weeks. We'll just see if Lawrence or Stan or someone, to just give an overview of this thing and relieve some anxieties. That will probably consume an hour. MR. SAVAGE: I recommend that if we listen to all this, that we should change the name of the organization. CHAIRMAN MASTERS: With that I entertain a motion. MR. SAVAGE: I move we adjourn. MR. WHITE: Before you entertain that, if there is anyone who would like a copy of this, I'd be happy to provide it to you, just let me know. MR. SAVAGE: I'd like a copy. CHAIRMAN MASTERS: Okay. We have a motion to adjourn. MR. PEEK: Second. CHAIRMAN MASTERS: All in favor? (Unanimous response.) 52 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRMAN MASTERS: Opposed? (No response.) CHAIRMAN MASTERS: Okay, then. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:40 p.m. 53 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE STATE OF FLORIDA ) COUNTY OF COLLIER) I, JACLYN M. OUELLETTE, Notary Public, do hereby certify that, pursuant to notice in the above - entitled cause, I was authorized to and did transcribe the foregoing meeting and that the pages, 1 through 54, inclusive, contain a full, true and accurate transcription of my shorthand report of same. WITNESS my hand and official seal in the County of Collier, State of Florida, this 29th day of January, 2002. lcim'c CLYN �M. OUELLETTE Notary P b - State of Florida at Large missio n: CC851877 xpires: 7 -5 -2003 ti ::�y • JACLYN M. OLETTE UEL MY COMMISSION # CC 851877 EXPIRES: July 5, 2003 Bonded ThrU Notary Public UndenKrltero 54 Scenario One Stewardship Credit Sending Areas u���uun��a■ u�wu ■emu- -- ,...,,,.+�...�...- - - - - -- --- - - - - -_ a A l MME Ego Inommmumpo tge ■ a a ■ a J f 1 ■ a 1 Rural StewardsNp 9L349 Unaffected Agriculture s Sending Area Ag. 1 (.6 index) AO 0.2 0.4 0.8 1.2 1. 1es Rural Stewardst* N Sendiry Area Ag. 2 (.9 index) 16JI Memorandum Collier County Rural and Agricultural Area Assessment — Immokalee Area Study From: Alan Reynolds, AICP�.. To: Oversight Committee Date: February 25, 2002 Subject: Scenario Two Analysis Page 3 ACSC Non -NRPA) A -1 The following tables compare both acreage and stewardship credits for Scenarios One and Two. ACSC (Non -NRPA ) A -2 Conservation Land Use Category Scenario One Acres Scenario Two Acres NRPA Public Funded Preservation 0 1829 NRPA Stewardship Conservation *1829 0 ACSC Non -NRPA) A -1 6632 2530 ACSC (Non -NRPA ) A -2 Conservation 2136 6238 Non -ACSC Ag -2 Conservation 0 2369 Receiving Areas 910 910 Lands Unaffected 8439 6070 Sub -Area Total Acres 19946 19946 Total NRPA and Ag -2 Conservation 3965 10436 Sending Area Category Scenario One Credits Scenario Two Credits NRPA Public Funded Preservation 0 0 NRPA Stewardship Conservation 3001 0 ACSC Non -NRPA A -1 3342 1208 ACSC Non -NRPA A -2 Conservation 2733 5935 Non -ACSC A -2 Conservation 0 1933 Sub -Area Total Credits 9076 9076 *The 1829 acres of NRPA Stewardship Conservation consists of 1798 acres at .9 index (Ag -2) and 31 acres @ .6 index (Ag -1). 16J1 Memorandum Collier County Rural and Agricultural Area Assessment — Immokalee Area Study From: Alan Reynolds, AICP 41—J— To: Oversight Committee Date: February 25, 2002 Subject: Scenario Two Analysis Page 2 For example, in return for credits, Ag- 1 landowners choose to eliminate the ability to convert to residential and conditional uses, while Ag- 2 landowners choose to eliminate the ability to convert from pastures to group 1 agriculture and residential /conditional uses. Scenario Two therefore generally mirrors the current use within the ACSC, and as a result generates a total of 7,143 Stewardship Credits. These same lands generated 6,075 credits in Scenario One. The increase in credits is the result of more acres being reduced to the Ag- 2 level. To then generate 1,933 Stewardship Credits to fill the remaining credit shortfall, we have designated 2,369 acres of the highest natural resource scored land outside of the ACSC as sending areas, also at the Ag- 2 level. These lands currently are predominantly wetlands within permitted agricultural water retention areas and both natural uplands and improved pastures used for cattle grazing, compatible uses that can be retained under the Stewardship program. The combination of these enhanced levels of environmental protection replace the NRPA based stewardship credits. The tables below and attached map illustrate the results. The significant finding is that the externally funded acquisition of 1,829 acres of NRPA leverages the additional protection of 2,369 acres of private land outside of the ACSC through the stewardship program, and increases the amount of total land in the sub area protected at the Ag -2 conservation level by 6,471 acres. Scenario Two Benefits The analysis demonstrates that blending of public and privately funded acquisition together with the incentive based stewardship program can compliment each other to achieve a greater level of environmental protection and agricultural sustainment while allowing for a sufficient level of land conversion to accommodate the future population and enable economic diversification. A second potential benefit is the acceleration of NRPA protection. In Scenario One, sufficient receiving area demand for 3001 stewardship credits is needed before the NRPA is fully protected as a sending area. As the NRPA generates approximately 1/3 of the total Stewardship Credits, it is reasonable to assume that at least 1/3 of the time between now and the horizon year would also be required to absorb these credits, or approximately 8 -9 years. With external funding and a willing seller program, acquisition could be implemented as soon as funds are allocated. The results would then be both an accelerated protection program and more than doubling of the protected area within the interim time frame. 16J1 Memorandum Collier County Rural and Agricultural Area Assessment - Immokalee Area Study From: Alan Reynolds, AICP AL To: Oversight Committee Date: February 25, 2002 Subject: Scenario Two Analysis Scenario Two Approach Scenario Two is a variation of the stewardship concept established in Scenario One with the inclusion of external public and private revenues to acquire conservation easements, stewardship credits, or land as another method to meet the objectives of the Final Order. At our request, the Department of Community Affairs identified a range of State, Regional and Federal fund programs that may be available for conservation land acquisition, however, no estimate of potential yield was provided. The Florida Stewardship Foundation provided a more detailed analysis that was distributed to the Committee on January 28. The Stewardship Foundation estimated that local programs such as general obligation bonds and property taxes could generate $2 million to $25 million annually, State and Federal programs (not including the Farm Bill) could generate $9.5 to $12 million annually; and Farm Bill programs could generate $7.5 to $13 million annually. After review of this information, at its meeting on February 4, the Committee agreed to evaluate Scenario Two using the premise that some combination of these external funding sources could provide sufficient funds to acquire either the fee interest or development rights from all lands within the scenario sub area designated as Natural Resource Protection Areas (NRPA). There are approximately 1,829 acres currently designated as NRPA in the study sub area. These lands generated 3,001 stewardship credits in Scenario One, which represents approximately 1/3 of the total 9,076 Stewardship Credits generated from the Big Cypress Area of Critical State Concern sending area. In Scenario One, it was determined that the projected 2025 population could be accommodated within a receiving area of approximately 910 acres using the suitability factors and rural design guidelines, rather than the 8,070 acres required in the baseline reference scenario. The number of stewardship credits generated in the Scenario One analysis was sufficient to implement the receiving area uses, with a likely surplus of approximately 10 %. We have designed Scenario Two to generate an equal number of stewardship credits as Scenario One, so that the relative impact of public funding can be compared. Scenario Two Results In Scenario Two, through the application of external funding, the NRPA becomes a preserve area with a conservation easement that precludes conversion to new uses. Potential NRPA based Stewardship Credits would be acquired and eliminated as a result of the purchase. To replace these credits, the remaining non -NRPA lands in the Big Cypress Area of Critical State Concern (ACSC) become sending areas failing into two groups. The first group includes lands that currently have agricultural group 1 (Ag -1) uses such as row crops, citrus, and specialty farming (2,530 acres). The second includes lands that currently have agricultural group 2 (Ag -2) uses such as pastures and rangelands (6,238 acres). In each case, we projected stewardship credits based on the natural resource index multiplied by the factor for removal of all layers of use above the current use. 16J1 scenarios and 2.) Brainstormed input on key issues within the Final Order, which was an exercise the committee participated in last September as part of a workshop meeting; Discussion took place around 1.) agricultural viability, in part as stated in the Final Order: "Identify and propose measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agriculture lands to other uses ". George Varnadoe comments that a county- backed program(s) to explore alternative agricultural may be beneficial; Ann Olesky encourages the committee to take a farm operations tour to get a first -hand look at "best management practices "; 2.) environmental protection: Bill Lorenz comments on buffer areas and allowable uses within buffer areas; use data to identify and map highest value natural resource areas; use 3.) incentives for restoration for enhancement of natural resource areas; 4.) Interim Natural Resource Protection Areas (NRPAs): Committee to come up with recommendation using best available data; Al Reynolds comments, "re- examine lines and see if they make sense "; 5.) Study Area: Consider transferring Stewardship Credits beyond the Study Area (Rural Lands); Evaluate impacts -doing so would eliminate some state funding sources (programs); 6.) Flow ways: Mike Duever of South Florida Water Management District (SFWMD) suggests identification of wildlife and water (flow ways) corridors; Tim Durham of WilsonMiller explains Wetlands Mitigation Bank concept and how its work is progressing in other areas; 7.) Economic Prosperity /Diversification: • Policies (incentives) to promote eco- tourism • Expedite the Permitting Review Process • Consider incentives for economic diversity • Encourage infrastructure - prioritize in certain areas • Incentives for adopting "Smart Growth" principles, such as those suggested in the Dover -Kohl Community Character Plan GENERAL PUBLIC COMMENT (Item VI.) Ron Hamel calls for further public comment and none was given; he asks staff about the status of the two remaining vacancies on the committee; staff to get official appointment information of Mike Bauer to committee; FUTURE MEETING DATES (Item VII.) Committee agreed to meet again on: March 11 and March 18, 5:30 PM, Corkscrew Middle School Media Center; ADJOURNMENT (Item VIII.) The committee unanimously adjourned at 8:08 PM. A taped and hard copy of these minutes are available at the Clerk of Courts, Minutes and Records Office, Building F, Collier County Government Complex, minutes may also be viewed on the website: www.nasites.com /collier, Rural Assessments page 16J1 APPROVAL OF AGENDA (Item III.) Additions to the draft agenda were made to include, A. "Discussion of Scenario Two ", under Old Business, and B. "Rural Fringe Update ", under Old Business as well; James Howard moves to approve amended agenda, followed by a second from James Horner; the motion passes, 8:0. OLD BUSINESS (Item IV.A) Discussion of Scenario Two: Al Reynolds, of WilsonMiller : Memo entitled, "Scenario Two Analysis ", submitted by Al Reynolds to committee this evening; Review of memo with committee, including tables that compare both acreage and stewardship credits for Scenario One and Two and color maps depicting both scenarios' Sending Areas; (Grady Miars arrives at 5:50 PM; Ann Olesky arrives at 5:53 PM) After discussion, Joe Boggs moves to approve Scenario Two concept with assurance from Al Reynolds that the economic data and analysis for both Scenario One and Scenario Two are forthcoming; James Horner seconds, and the committee approves the motion, 10:0. (Item IV.B) Rural Fringe Assessment Area Update: Bob Mulhere comments on the upcoming BCC public hearing for the transmittal of the Growth Management Plan Amendments for the Rural Fringe Area to be held on February 27, 2002 saying that," in my estimation, the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) averaged about a 70% consensus on most issues; one outstanding policy issue that the Board will have to deal with is the regulation of agriculture in the "Sending Areas ", meaning, whether or not agriculture should be a permitted use in the environmentally sensitive lands "; he went on to say that two opposing legal opinions have been expressed concerning the county's authority regarding the "Right to Farm Act" and that "staff is recommending that agriculture be a permitted use and be subject to the provisions of the Right to Farm Act'; when responding to a question by Ron Hamel about what study area(s) would be affected, Mr. Mulhere responds, "all of the amendments that are being proposed, specifically exclude the entire Eastern Lands portion of the assessment "; "another area of growing concern is the TDR process.... and private property issues will rise to the forefront of discussion "; Chairman Hamel asks, "What is the relevancy of the Rural Fringe decisions to our study area (Rural Lands) and how does that apply ?" Bob says, "I don't think a lot of it will, but the ag issue is probably one that may have some impact "; staff is to distribute the legal opinions of Marti Chumbler, representing the county and Thomas Reese, representing Florida Wildlife Federation and Collier County Audubon Society to committee members; NEW BUSINESS (Item V.A.) Notice of Sunshine Law Workshop: Marjorie Student advises the committee of two upcoming dates scheduled by the County Attorney's office for presentations to county advisory committees relative to Sunshine Law, Public Records, and Ethics; she strongly encourages committee members to attend one of the two sessions; the members have received information prior to this meeting and have been directed to contact staff with an attendance date; (Item V.B.) Mini - Workshop, Scenario Three: Bob Mulhere facilitates discussion, beginning with previously submitted materials 1.) toolbox for evaluating alternative `Draft 16J1 RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMITTEE MINUTES February 25, 2002 MEMBERS PRESENT MEMBERS ABSENT Joseph Boggs Kathy Prosser (exc.) Floyd Crews Fred Thomas (exc,) Ron Hamel, Chairman Sonya Tuten (exc.) Rodney Harvey James T. Horner James Howard Grady Miars Ann Olesky David Santee Neno Spagna COUNTY STAFF PRESENT OTHERS PRESENT Linda Bedtelyon, Planning Services Brad Cornell Barbara Burgeson, Planning Services Mike Duever Bill Lorenz, Natural Resources Dept. Director Tim Durham Marjorie Student, Assistant County Attorney Terry Flora Bob Mulhere, Staff Consultant Ken Heatherington Tom Jones Bernie Lester Mark Morton Jeff Perry Russell Priddy Al Reynolds Ed Roberts Amber Sundsted Michael Taylor George Varnadoe CALL TO ORDER (Item 1.) The meeting was held at Corkscrew Middle School Media Center (library), 1165 Oil Well Road (C.R. 858), Naples, Florida. Chairman Ron Hamel calls meeting to order at 5:40 PM with a quorum present. APPROVAL OF MINUTES (Item I1.) James Horner moves to approve the February 4, 2002 meeting minutes, seconded by David Santee; the motion passes, 8:0, with a comment by Al Reynolds of WilsonMiller to add an acknowledgement of the committee's receipt of his February 4, 2002 memo regarding public funding information; *Draft 16J1 RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMITTEE AGENDA MEETING DATE: Monday, March 11, 2002 MEETING TIME: 5:30 PM LOCATION: Corkscrew Middle School Media Center (library) 1165 Oil Well Road (C.R. 858) Naples, Florida CALL TO ORDER II. APPROVAL OF MINUTES February 25, 2002 III. APPROVAL OF AGENDA IV. OLD BUSINESS Introduction of Michael Bauer V. NEW BUSINESS A. Scenario Three VI. GENERAL PUBLIC COMMENT VII. FUTURE MEETING DATES March 18, 2002 April 1, 2002 VIII. ADJOURNMENT _ COLLIER COUNTY GOVERNMENT4�� COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION March 6, 2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Meeting Notice Rural Lands Area Assessment Oversight Committee The next meeting of the Rural Lands Assessment Area Oversight Committee is scheduled for Monday, March 11, 2002 at 5:30 p.m. The meeting will be held at the Corkscrew Middle School Media Center (library), 1165 Oil Well Road (C.R. 858) Naples, Florida. Enclosed please find an agenda for the meeting. If you have any questions regarding this matter, please contact me at the Collier County Planning Services Department, (941)- 659 -5737. Sincerely, Linda Bedtelyon Planning Technician Planning Services /ib Enclosure Misc. Corres: { Date: Item# 1 caj Copies To: PHONE ( 941) 403 -2400 _ FAX (941) 643 -6968 www.co.collier.fl.us 16K 2 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 :N, CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2002 Date:' March 26, 2002 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: 16K 3 This is. to inform you that the Board of County Commissioners Accepts x 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 desi nat d th f person: . g e e ollowing Name: Title: E -mail address: gran s@ pl 1 i GhP i ff my Agency: Collier County Sheriff's offing Address: 3301 Tamiami Trail East, Naples, Florida 34112 Telephone:_ 941 -79, County: rrj 1 i pr Date: Sincerely, 611PIMMM as tD tam +�taai�n0�eax� Chair, Board of County pommissioners Jim Coletta r AtMST� rj-� -, ' RAN 1 0'D�10Q1 OWJGH , 9* BROOK GLE3iiC Enclosure 2 C� Byrne Grant Program Announcement sib M:,s 16K 3 Mr. Clayton Wilder Community Program Administrator Office of Criminal Justice Grants Business Support Programs Office Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2003 Byrne Grant CompliancelFlorida 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 Board of Collier County Commissioners approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Equipment And Training Program I (Coastal Defense Project) $ 95,282 Juvenile Arrest & Monitoring $110,250 (JAM Program III) Sinevrely, J. r Jim C - t ' Chairman, Collier County Commission 1h/a:fobcc APpI'oved M to form & 3�� ;1 su: r... Y Aftistant ColInt AftoPr$ y Donna Fiala 3301 East Tamiami Trail • Naples, Florida 34112 -4977 .r District 1 (941) 774 -8097 • Fax (941) 774 -3602' James D. Carter, Ph.D. • District 2 Tom Henning District 3 April 19, 2002 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Clayton Wilder Community Program Administrator Office of Criminal Justice Grants Business Support Programs Office Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2003 Byrne Grant CompliancelFlorida 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 Board of Collier County Commissioners approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Equipment And Training Program I (Coastal Defense Project) $ 95,282 Juvenile Arrest & Monitoring $110,250 (JAM Program III) Sinevrely, J. r Jim C - t ' Chairman, Collier County Commission 1h/a:fobcc APpI'oved M to form & 3�� ;1 su: r... Y Aftistant ColInt AftoPr$ y 16K 3 SECTION 1. APPLICATION FOR FUNDING ASSISTANCE FLORIDA DEPARTMENT OF LAW ENFORCEMENT BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program j 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) A Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? X Yes No Project ID # Program Area #: CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant SFY 2001 CJ Contract # SFY 2002 CJ Contract # 2001 - CJ - 2H - 09 - 21 - 01 - 071 2002 — CJ - B. Applicant Information 1 Sub rant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission County Name of Chief Elected Official / State Agency Head: Jim Coletta Collier Title: Chairman, Collier County Commission Address: 3301 Tamiami Trail East, Building F Area Code / Phone # City, County, State, Zip Code: Naples, Collier County, Florida 34112 SUNCOM # 239- 774 -8393 E -mail Address: JimColetta a,Collier_ oy net Area Code / Fax # 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) 239-774'3602 Name of Chief Financial Officer: James Mitchell County Collier Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza III /2 Area Code / Phone # 239 - 774 -8404 City, County, State, Zip Code: Naples, Collier County, Florida 34112 SUNCOM # 239 - 774 -8404 E -mail Address: hm;Mitchel�olliergov net Area Code / Fax # 3. Implementing Agency 239- 774 -6179 Name of Implementing Agency: Collier County Sheriffs Office Couty 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 County, Florida 34112 SUNCOM # 239 - 774 -4434 Area —Code/ Fax # E -mail Address: sheriff2colliersheriff ors 239- 774 -5735 Revised 03/25/2002 - - Grant A iication Section 9 - Page 1 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Prooram 4. Project Director Name of Project Director: Chris Freeman (Implementing Agency Employee) Title: Sergeant (SHOCAP /JAM /JAR Unit) Address: 3301 Tamiami Trail East, Building J -1 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E -mail Address: N/A County Collier Area Code/ Phone # 239 - 793 -9489 SUNCOM # 239 - 793 -9489 Area Code / Fax # 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 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E -mail Address: grants(,colliersheriff org 6. Person Responsible For Financial Reporting (if known Name: Joyce Houran Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J -1 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E -mail Address: grants @colliersheriff.org 7. Person Responsible For Programmatic Performance Name: Chris Freeman Title: Sergeant (SHOCAP /JAM /JAR Unit) Address: 3301 Tamiami Trail East, Building J -1 City, County, State, Zip Code: Naples, Collier County, Florida 34112 E -mail Address: N/A sed kn Area Code / Phone # 239 - 793 -9346 SUNCOM # 239 - 793 -9346 Area Code / Fax # 239 - 793 -9405 County Collier Area Code / Phone # 239 - 793 -9346 SUNCOM # 239 - 793 -9346 Area Code / Fax # 239 - 793 -9405 County Collier Area Code / Phone # 239 - 793 -9489 SUNCOM # 239 -793 -9489 Area Code / Fax # 239 - 793 -9492 Section It - Page 2 16K 3 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) III 2. Identify the year of the project (I, II, III, etc.) III 3. Project period I Start: 10/1/02 I End: 9/30/03 D. Fiscal Data 1. (If other than the Chief Financial Officer) Remit Warrant to: N/A County Title: Address: Area Code / Phone # City, County, State, Zip Code: SUNCOM # E -mail Address: Area Code / Fax # 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer program? (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): Will the project earn PGI? (See Section G, Item 9.) Yes No X 7. 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. Grant Revised 03/2 H - Page 3 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 Daaes. The problem to be addressed by the Collier County Sheriff's Office with subgrant funds is juvenile crime in Collier County, Florida. Third year Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funding is needed for fiscal year 2002/2003 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 rising 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 increasing 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 two years, the Court and the Department of Juvenile Justice (DJJ) continue to feed new referrals to the "waiting list ". As the population and juvenile crime increase, the JAM Program referrals increase. The population of Collier County is now over 250,000 and the County is one of the fastest growing areas in the United States. Collier County's juvenile population age 11 through 17 grew 5 percent last year and there was a 2 percent increase in juvenile crime. 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 and juvenile crime. During the year 2000, there were 2,266 juvenile arrests in Collier County. Collier County consists of 2,025 square miles. 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 low recidivism with fewer FDLE Byrne Formula Grant Application Package Revised 03/25/2002 n Section 11- Page 4 Vn 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program than 3 percent being involved in an additional offense or a probation violation. 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 both SHOCAP and 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 DJJ, the need for the services provided to the community by the JAM Unit becomes paramount. Juvenile arrests for property crime (i.e., burglary, theft, motor vehicle theft, forgery and arson) accounted for about 57 percent of all juvenile felony arrests in 2000 and arrests for violent crime (i.e. homicide, rape, robbery, assault and kidnapping) accounted for almost 24 percent of juvenile arrests. For several years 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 12 percent of all juvenile offenders account for 60 percent of juvenile crime. Repeat offenders are arrested between 4 and 14 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 Revised 03/25/2002 Grant Application Section ll - Page 5 16K 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 The proposed Collier County Sheriffs 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 III 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 YTS (Youth Tracking System) Database, and by making additional information more readily available to CCSO Patrol Units and Investigators. We also plan to have the YTS database 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 two years 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. Grant Application Package Grant fl- Page 6 01 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 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. 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 $110,250 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 and an additional Deputy in the JAM Unit. 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 who 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 or who 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 juveniles 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: Revised 03/25/2002 Section H - 'Went Application for Funding Assistance . Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program • 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 that many juvenile offenders hide behind. • Continue communication and contact with SHOCAP, YRD, Street Gang Unit and the Department of Juvenile Justice staff. • 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, appear in court proceedings to advise and make recommendations to the Court, assist in formulating informed sanctions 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section H - Page 8 3 WMI Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 community partners and the Department of Juvenile Justice in order to maintain a consistent exchange of information. An analyst will monitor referrals from the Department of Juvenile Justice and the Court when a juvenile is assessed and accepted into the JAM Program. The analyst will then obtain the juvenile's criminal history and evaluate it by entering it into the database. When the analyst identifies a JAM 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 Grant Application Revised 03/25/2002 Section 9 - Page 9 J 15K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 necessarv. a. 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. 11C Intensive Supervision M (Title) b. 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). MANDATORY UNIFORM OBJECTIVES: biective 11 C.01 P Strategies: Fl 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. 7. JAM Unit staff will provide data to an analyst to record data in JAM data base. Obiective 11 C.02 Provide case management counseling to 100 parents of 1uvenile offenders. Strategies: 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. FDLE Byrne Formula Grant Application Revised 03/256002 Section ll -Page 10 3 Application for Funding Assistance 16K Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. Objective 11 C.03 Establish 4 community restoration projects to be completed by juvenile offenders who violate their curfew. Strategies: 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. Obiective 11 C.04 Supervise 48 juvenile offenders assigned to community restoration protect sites. Strategies: 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. Objective 11C.05 Locate and process 30 probationers with outstanding Pickup orders Strategies: 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 Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 11 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. Sub rant Period 10/l/02-9/30/03 (Beginning Date — Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar A r Ma Jun Jul Aug Se Submit Financial Reimbursement Requests X X X X X X X X X X X X Submit Financial Closeout Package X Submit Quarterly Program Reports X (03) X (03) X (03) X (03) Submit Quarterly PGI Reports (If applicable) N/A I L 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 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 Implement community service projects X X X X Document data on JAM juveniles X X X X X X X X X X X X Provide data on JAM juveniles X X X X X X X TX X X X X Refer applicable JAM juveniles X X X X X X X X. X X X X Conduct urine screens for drug usage X X X X X X X X X X X X Network with community partners FX X X X X X X X X X X X FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section // - Page 12 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Appear at all Court hearings on JAM 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 Package Grant Application Revised 03/25/2002 Section d - Page 13 3 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 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. 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 $102,375 $34,125 $136,500 Contractual Services $0 $0 $0 Expenses $7,875 $2,625 $10,500 Operating Capital Outlay $0 $0 $0 Indirect Costs $0 $0 $0 Totals $110,250 $36,750 $147,000 FDLE Byrne Formula Grant Application Package Grant Application Revised 03125/2002 Section H - Page 14 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. ntinue on if 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: X If yes, please list number and title of position and type of benefits. There is a continued net personnel increase from the initial year. In addition to regular salaries, overtime and incentive pay, the two additional positions receive FICA (7.65%), retirement (current rate 18.44910), health insurance (varies by individual), life /disco insurance (.33%), workers compensation (current rate 3.8%) 3. Indicate the OCO threshold established by the subgrantee. $ 750 4. 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. 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 3.80% Total Federal Match $ 88,800 $66,600 $22,200 2,000 1,500 500 1,900 1,425 475 7,100 5,325 1,775 17,100 12,825 4,275 16,000 12,000 4,000 200 150 50 3,400 2,550 850 $136,500 $102,375 $34,125 These are new positions in excess of the number of positions in the implementing agency at the time of first year funding for this Byrne Grant. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 15 3 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Category /Description Contractual Services Expenses Insurance — 3 liability @ $800 Insurance — 3 auto @ $600 Fuels & Lubes — 3 @ $1,033 Auto R & M — 3 @ $400 Misc. Office Supplies Operating Capital Outlay Data Processing Indirect Costs Total Budget Description SALARIES AND BENEFITS Total Federal Match 0 0 0 2,400 1,800 600 1,800 1,350 450 3,100 2,325 775 1,200 900 300 2,000 1,500 500 $10,500 07,875, 2 625 0 0 0 0 0 0 0 0 0 $147,000 $110,250 $36,750 $136,500 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 during this current Byrne Grant are in excess of the appropriated positions in the implementing agency at the time of the current Byrne Grant award. The projected base salary for the first grant funded JAM Deputy is $42,114 and the projected base salary for the second grant funded JAM Deputy is $46,728. 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; consulting with the State Attorney, performing or coordinating necessary case enhancements and building cases for filing of charges and JAM Program prosecution; appearing in Court on behalf of the program on an as- needed basis seeking the highest penalties at arraignments, trials and sentencing; coordinating data and information obtained on JAM program juveniles with the SHOCAP Investigator assigned to the Court hearings so that information can be relayed to the Court; providing social service type referrals to the JAM Unit juvenile and his /her family to assist in rehabilitation of JAM Unit juvenile; supporting the needs of witnesses for the prosecution and assisting in their orientation about judicial procedures; interviewing and taking statements from officers, witnesses and victims as needed; monitoring movements, activities and associations of JAM Program juveniles and FDLE Byrne Formula Grant Application Package Grant Application Revised 03/2512002 Section ll - Page 16 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 SERVICES $ 0 EXPENSES $10,500 Funds are needed for various expenses for the three Deputies. One Deputy position will be funded by a Department of Juvenile Justice (DJJ) grant. DJJ funding is not available for certain expenses. Funding for two Deputies is sought from this Byrne Grant. Funding for various expenses for the three Deputies include liability insurance totaling $2,400; auto insurance @ $1,800; fuels and lubes @ $3,100; auto repair and maintenance @ $1,200; and miscellaneous office supplies including pens, pencils, paper, staples, drug kits, folders, etc. @ $2,000. OPERATING CAPITAL OUTLAY $ 0 DATA PROCESSING $ 0 INDIRECT COSTS $ 0 TOTAL $147,000 These project costs are not allocated or included as a cost to any other federally financed program. ti 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. t 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 t These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. ti These project costs are net of all applicable credits. t Federal funds will not be used to supplant State or local funds. ti All project costs will be expended or obligated during the approved subgrant period. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section 11 - Page 17 3 16 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. 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. 2. 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. 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) 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 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 Item 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 3. 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section 11- Page 18 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. 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 Govemments, 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments ", or OMB Circular A-2 1, "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. 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section 11- Page 19 1�K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 contracts compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Govemments, 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. b. 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 CircularA -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 Florida Auditor 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 managements 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 20 C 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program e. 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. f. 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 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 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. 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 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section H - Page 21 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 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 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. c. 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 changes. These include, but are not limited to: a. Changes in project activities, target populations, implementation schedules, designs or research plans set forth in the approved agreement; b. 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, c. 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. b. 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. rr - Pace 22 16,9 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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. b. 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 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. 26. 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 or elected official and the person receiving signature authority. 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 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 23 1-6 K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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. 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. 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. 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. 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. 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 24 16 K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne 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. b. 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 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). C. 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. DOJ, 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 entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title 11), 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 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section I/ - Page 25 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. b. 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 Grant Application Revised 03/25/2002 Section H - Page 26 3 Application for Funding Assistance 6K Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Procram (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. 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; FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 27 Application for Funding Assistance 31 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 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; 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 Grant Application Revised 03/25/2002 Section 11 - Page 28 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. 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 of Subgrant ipient: ollier County Commission Signature: �G a�- Typed and Title: Jim Coletta. Chairman. Collier County Commission Date: Implementing Agency Official, Administrator or Designated Representative Typed Nqpting enc Collier Coun Sheriffs Office SignaturTyped N Sheriff Date: April 16, 2002 ATTEST; :�'�'% , Approved u to form & legal suffime - -%, DWIGHTI _ BROC �; CLERK Attest as to Cha it an ' s irtant County Attocn y FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section 11- Page 29 3 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. 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' (Commission Chairman, Mayor, or Des (gnat��ntal Unit Authorizing fed Representative) Typed Name of Sub fRe*nt: 011ie Coun ommission Signature: _ 5-1%�7— Typed NaRie a d Title: Jim Coletta, Chairman, Collier County Commission Date: L - a!5 -0 4- Implementing;Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Collier County Sheriffs Office Signature: Typed Name and Title: Lo unter heriff Date: April 16, 2002 ATTEST'' ' DWtGHTSFT.-i/, (YCK, CLERK D1kA1jty - er -, test sfgnatur�s to Chair'= FDCE hyrne;.kormula Grant AnDlicatIoNkAl. Revised Approved as to form & legal suffi ; Aaeistaat County Attorney Section 11- Page 29 16K 3 SECTION 2. Letters of 51% Approval MAYOR ��F►PL,y�l BONNIE R. MACKENZIE V owTMe �' r GULF VICE MAYOR GARY GALLEBERG April 10, 2002 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 2003 Byrne Grant Compliance \Florida Rule 9B- 61.003(4)(d), F.A.C. Dear Mr. Wilder: 16K 3 CITY COUNCIL R. JOSEPH HERMS WILLIAM R. MACILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN L In compliance with State of Florida Rule 9B- 61.003(4)(d), F.A.C., the City of Naples approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Equipment and Training Program I (Coastal Defense Project) $ 95,282 Juvenile Arrest & Monitoring $110,250 (JAM) Program III Very truly yours, Bonnie R. MacKenzie Mayor 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 TELEPHONE (941) 213 -1000 • FAX (941) 213 -1010 eityeouneil @naplesgov.eom Printed on Recycled Paper MAYOR BONNIE R. MACKENZIE��TM� y VICE MAYOR GARY GALLEBERG April 10, 2002 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 2003 Byrne Grant Compliance \Florida Rule 9B- 61.003(4)(d), F.A.C. Dear Mr. Wilder: 16K 3 CITY COUNCIL R. JOSEPH HERMS WILLIAM R. MACILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN In compliance with State of Florida Rule 9B- 61.003(4)(d), F.A.C., the City of Naples approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Equipment and Training Program I (Coastal Defense Project) $ 95,282 Juvenile Arrest 8v Monitoring $110,250 (JAM) Program III Very truly yours, Bonnie R. MacKenzie Mayor 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 TELEPHONE (941) 213 -1000 • FAX (941) 213 -1010 !� citycouneil @naplesgov.com Pnnted on Recycled Paper it 16K 3 City Evergfades City o P.O. Box 110 Everglades City, Collier County, Florida 34139 City Hall 207 Broadway Phone(941)695 -3781 Fax(941)695 -3020 April 9, 2002 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 2003 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 Everglades City approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County (Coastal Defense Pi ect) $95,282 Anti ulpment and Training Program I Juvenile Arrest & Monitoring $110,250 (JAM) Program 11I Mayor Sammy Hamilton, Jr. City Clerk Martha Tlani,i� City Attorneys 16K City Everg(ades o Cit, P.O. Box 1 10 Everglades City, Collier County, Florida 34139 City Hall 207 Broadway Phone (941) 695 -3781 Fax (941) 695 -3020 Apri 19, 2002 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 2003 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 Everglades City approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula grant Program funds for the following projects within Collier County. SUBGRANTEE Collier County Sincerely, Hamilton amilton Jr. Mayor TITLE OF PROJECT (Coa$ta Defense P ect Anti errorism uipment and Training Program I Juvenile Arrest & Monitoring (JAM) Program III DOLLAR AMOUNT $95,282 $110,250 Mayor Sammy Hamilton, Jr. City Clerk Martha T)an;n4 City Attorneys 3 16K 3 SECTION 3. Certification of EEO Compliance 1-6K 3 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 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 I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, an aintain such a Ian within 120 days after a subgrant application for federal assistance is approve or ace I f e funds. ure of Subg a Authorized Official Type Name: Jim Coletta Title: Chairman Collier County Commission Subgrant Recipient: Collier County Commission Date: Approved as to form & legal sufl.,,- 1tant County Attorney ATTEST: DWIGHT,f * SRa.CK�,;: CLERK.,:: Depu C erk- S f�al�f to ChM froaa . on 1j* $ Appendix IV -Page 1 of 2 16K 3 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): 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 I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and ma' in such a an wit in 120 days after a subgrant application for federal assistance is approved or c loss of der f tds�/ _ 15 natirFe of Subgrantee Auto a 'cial Type Name: Jim Coletta Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Commission Date: Approved 2a to for & I gal u: ri zz c Assistant County Attorney TTF_ E. 8Fc4CKr CLEM v9ttPuo Y irk vI Attest 41s to Nfrou -= Signature MIS. Appendix IV -Page 1 of 2 16K 3 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 CRIMINAL JUSTICE AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus C1 ime Control and Safe Streets Act of 1968 as amended, that this Criminal Justice Agency ...(Selecf 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 Implementing Agency 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 Implementing Agency ... (Select one of the following): __X __Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to form mp ment, and maintain such a Plan within 120 days after a subgrant application for federal assist ce is or s f federal funds. Signature o inal J tice Agency Authorized Official Type Name: Don Hunter Name of Subgrant Recipient: Collier County Name of Criminal Justice Agency: Collier County Sheriffs Office Title: Sheriff Date: A1 16 ;)nm Appendix IV —Page 2 of 2 16K 3 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 Proar. CRIMINAL JUSTICE AGENCY 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 this Criminal Justice Agency ...(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 Implementing Agency 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 Implementing Agency. . - (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to te, ' lement, and maintain such a Plan within 120 days after a subgrant application for federal as ' nc ' _ loss of federal funds. Sign a of Crim al Justice Agency Authorized Official Type Name: Don Hunter Name of Subgrant Recipient: Collier County Name of Criminal Justice Agency: Collier County Sheriffs Office Title: Sheriff Date: April 16, 200 Revised 03/25/2002 EEO Certification Appendix /V — Page 2 of 2 0 *1 16K 3 CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2002 Date: March 26, 2002 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 x 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: Title: E -mail address:_ grants(a of 1 i rshPri ff _ nrg Agency: Collier County Sheriff's Office Address: 3301 Tamiami Trail East, Naples, Florida 34112 Telephone: 941 - 793 -9346 County: cn1 1 i,.r Date: Sincerely, Chair, Board of County Commissioners Jim Coletta A&� Enclosure 2 Byrne Grant Program Announcement 3301 East Tamiami Trail •Naples, Florida 34112 -4977 Donna Fiala ( (941) 774 -8097 • Fax 941 District 1 ) 774 -3602 James D. Carter, Ph.D. District 2 Tom Henning District 3 Fred W. Coyle April 19, 2002 District 4 Jim Colette District 5 Mr. Clayton Wilder Community Program Administrator Office of Criminal Justice Grants Business Support Programs Office Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2003 Byrne Grant CompliancelFlorida Rule 9B- 61.003(4)(d), F.A.C. Dear Mr. Wilder: 16K 3 GQ ry L!�'Q In compliance with State of Florida Rule 9B- 61.003(4)(d), F.A.C., the Board of Collier County Commissioners approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Equipment And Training Program I (Coastal Defense Project) $95,282 Juvenile Arrest & Monitoring $110,250 (JAM Program III) SinceQy, Jim Coletta Jr Chairman, Collier County Commission Approved pproved a,�'0 iozzii. 16K 3 SECTION 1. APPLICATION FOR FUNDING ASSISTANCE FLORIDA DEPARTMENT OF LAW ENFORCEMENT BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant 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) A Sub rant Data 1. This section to be completed by Subgrantee 2. This section to be completed b OCJG Continuation of Previous Subgrant? Yes X No Project ID # Program Area #: CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant SFY 2001 CJ Contract # SFY 2002 CJ Contract # 2001 - CJ - _ - _ - _ 2002 — CJ - B. Applicant Information 1 Sub rant Recipient (Sub grantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission County Name of Chief Elected Official / State Agency Head: Jim Coletta 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: Jimcoletta(2Collier ov net Area Code / Fax # 2. Chief Financial Officer of Sub rant Recipient (Sub grantee) 239- 774 -3602 Name of Chief Financial Officer: James Mitchell County Collier Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza III/2 Area Code / Phone # 239- 774 -8404 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239 - 774 -8404 E -mail Address: JimMitchell(a collier ov net Area Code / Fax # 3. Implementing Agency 239- 774 -6179 Name of Implementing Agency: Collier County Sheriff's Office Name of Chief Executive Official / State Agency Head / Subgrantee representative Couty 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 Area Code / Fax # E -mail Address: sheriff cr,colliersheriff ong 239- 774 -5735 FDLE Byrne Formula Grant Revised 03/25/2002 Grant Application Section Ii - Page 1 16K 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: 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 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: grants(cDcolliersheriff ore 6. Person Responsible For Financial Reporting if known 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 Responsible For Programmatic Performance Re 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 FDLE Byrne Fi Revised 03/25/; known County Collier Area Code / Phone # 239 - 793 -9132 SUNCOM # 239 - 793 -9132 Area Code / Fax # 239 - 793 -9189 County Collier Area Code / Phone 239 - 793 -9346 SUNCOM # 239 - 793 -9346 Area Code / Fax # 239- 793 -9405 County Collier Area Code / Phone # 239 - 793 -9346 SUNCOM # 239 - 793 -9346 Area Code / Fax # County Collier Area Code / Phone # 239 - 793 -9132 SUNCOM # 239 - 793 -9132 Area Code / Fax # 239 - 793 -9189 r.- -# ziection I/ - Page 2 3 16K- 3 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: Anti - Terrorism Equipment and Training Program I (Coastal Defense Project) 2. Identify the year of the project (I, II, III, etc.) I 3. Project period Start: 10/1/02 End: 9/30/03 D. Fiscal Data 1. If other than the Chief Financial Officer Remit Warrant to: N/A Name: Title: Address: City, County, State, Zip Code: E -mail Address: County Area Code / Phone # SUNCOM # Area Code / Fax # 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer program? (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): Will the project earn PGI? (See Section G, Item 9.) Yes No X 7. 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 Daoes. The specific problem to which this project is responding is the safety of Collier County residents from 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 1. 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 3 Objective 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 2003 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. 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 law enforcement needs of the area. The Marine Patrol Bureau is limited in scope by current equipment and training. Specialized equipment and training are needed to counter the threat of waterborne terrorism. Current assets are not well suited for offshore coastal Formula Revised 03/2 Section H - Page 3 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program patrols and high -speed interceptions of suspected marine terrorist targets. Collier County has one of the largest coastlines of any county in Florida. Its 80 miles of 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 is needed and associated training and tactics implemented to provide for regular coastal defense patrols and timely interception of identified possible threats. Since September 11, the Sheriff of Collier County has assumed regular coastal defense duties. No Federal, state or other local agency has mission capable assets stationed in Collier County. The Sheriff's Office has neither the suitable equipment nor adequate training to effect its mission to preserve and protect the lives, property and constitutional guarantees of all persons. 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. Specialized training in connection with the patrol boat interceptor that will be deployed for regular coastal defense is needed to meet unmet needs and expand capabilities for marine counter terrorism. The CCSO needs to train first responders in emergency threats and acquire appropriate equipment for adequate response to major terrorist incidents. The vessel is needed 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 minor marine related events, CCSO needs to improve its capacity to respond to potential catastrophic water related terrorist activities. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section I/ - Page 5 3 16K 3 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 The Collier County Sheriff's Office (CCSO) proposes to develop and implement the Marine Anti - Terrorism Team (MATT). This project stands alone and is not part of an existing grant program. MATT would be a specific coastal defense program that would provide regular marine patrols of Collier County waters by Sheriffs Office specially trained law enforcement officers. The patrol boat will be designed for rapid interception of identified marine terrorist threats and suspicious vessels. The Sheriffs Office has a history of successful performance for marine patrol. We hope that, since there are not other MATT type programs in coastal areas of southern United States, this new CCSO program will be as successful as other Marine Patrol Bureau projects 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 operations. Current CCSO staff will provide manpower for MATT. Personnel would be drawn from Marine, SWAT and Criminal Intelligence resources on a rotation basis. The patrols would operate with a minimum crew of three. The crew would consist of a patrol boat Captain /Coxswain, a Security /Boarding Officer and an Intelligence /Communications Officer. CCSO's current 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 conditions near shore. However, the hull designs and range limitations do not lend themselves to off shore conditions. A 26 -foot class high -speed twin- engine patrol boat would be acquired and outfitted with equipment suited to long -range coastal patrol and suspect vessel interception. This deep V type hull design, fuel range, and sleek profile are specifically designed to withstand adverse sea conditions for prolonged periods of time without damage to the vessel or injury to the operators. Specific start up costs total $127,043 as follows: FDLE Byrne Formula Grant Application Package Grant Appbcat�on Revised 03/25/2002 Section !1 -Page 6 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ♦ One (1) Paramount or comparable 26' patrol boat package, built to government/severe duty specifications: $36,000 ♦ Two (2) Mercury 225XL EFI or comparable installed outboard engines, bid to government pricing: $22,000 ♦ Radios, sonar detector, GPS system, radar system: $13,200 ♦ Berth /mooring rental: $2,250 ♦ Fuel and oil costs: $31,593 ♦ Vessel maintenance: $3,000 ♦ Vessel insurance: $1,000 ♦ Marine tactical /anti- terrorism training for MATT team members and patrol boat crews: $18,000 The MATT patrol boat would be 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 160 days from February to September 2003, on a flexible /variable time schedule. The MATT patrol boat and personnel could be fully transportable by trailer, under Mutual Aid, to any location in the state for emergency port protection or coastal protection duties. The MATT patrol boat is a significant part of project funding. 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 will become an integral part of the FDLE statewide anti terrorism plan. The equipment/boat will be used primarily for coastal defense of Collier County. Other Agencies, such as United States Customs, United States Coast Guard and FDLE could crew aboard the MATT Patrol Boat for extended range patrols and special duties outside Collier County coastal waters. The short-term goals of MATT are to purchase the needed equipment and train personnel by September 30, 2003. Long -term goals include enhancing and expanding the coastal defense project with additional specialized anti - terrorist training and tactical exercises. As the program grows, collaborative efforts will be strengthened with other agencies that defend United States coastal waters. The program expansion could also include additional 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, 2003. The project Grant 11 - Page 7 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program will be organized for success, enhancement, and expansion by the CCSO Marine Patrol Bureau and Specials Operations Division and routinely evaluated by the Sheriff and his task forces. Training will be provided to local law enforcement and first responder personnel. Intensive marine tactical training will be provided to MATT members. It is expected that all specialized coastal defense equipment requested with this grant will be ready for use by February 2003. Between February and by September 30, 2003 we expect to conduct at least 160 coastal protection marine patrols in Collier County coastal waters. By September 30, 2003 we also anticipate the development and implementation of a system for statewide rapid response and deployment of MATT members. By September 30, 2003 we also anticipate the development of a program of interagency involvement where MATT members could include law enforcement officers from other agencies, specifically the United States Customs, United States Coast Guard, Florida Wildlife Conservation Commission and the Florida Department of Law Enforcement. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section 11- Page 8 3 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Program 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 necessarv. a. 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 Training and Equipment W (Title) b. 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 Objectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions). Uniform Obiectives: 26.04 Provide training for 12 local law enforcement and first responder personnel. 26.07 Provide equipment for anti - terrorism training and operations. (Y /N) Project- Specific Objectives: 26.09 Conduct intensive marine tactical training program for a minimum of 12 Marine Anti - Terrorism Team (MATT) members. 26.10 Conduct at least 160 coastal protection marine patrols in Collier County coastal waters from February through September 2003. Self- Generated Objectives: 26.11 Develop and provide a system for statewide rapid response and deployment of the MATT patrol boat and MATT members. (Y /N) 26.12 Develop 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. (Y /N) FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 9 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section Il -Page 10 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 10/1/02-9/30/03 (Beginning Date — Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Se Submit Financial Reimbursement Requests )( X X X X X X X X X _Lu.L X X Submit Financial Closeout Package X Submit Quarterly Program Reports X X X X (03) (03) (03) (03) 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 Requisition boat X Commence specialized training X X X X Take delivery, outfit & rig new boat X Implement coastal defense patrols with new boat X X X X X X X X Practice specialized training X X X X X X X X Practice tactical training X X X X X X X X Collaborate with other agencies on coastal defense X X X X X X X X Evaluate project for improvement & enhancement. X X X X X X X X X X X X FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section Il -Page 10 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F Project Buuget 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. 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 0 0 0 Expenses 42,332 14,111 56,443 Operating Capital Outlay 52,950 17,650 70,600 Indirect Costs 0 0 0 Totals 95,282 31,761 127,043 FDLE Byrne Formula Grant Application Package Grani Application Revised 03125/2002 Section If • Page 11 3 I F K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budqet 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. ntinue on additio 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. 3. Indicate the OCO threshold established by the subgrantee. $ 750.00 4. 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. Total Federal Match Salaries & Benefits Contractual Services Expenses: 1 sonar detector 1 marine UHF radio Berth /mooring rental Fuel & Lubes Vessel maintenance Vessel insurance Tactical /anti- terrorism training Total Expenses OCO: 1 - fully equipped 26' patrol boat 2 installed engines 2 EDAC radios 1 GPS system 1 navigational radar system Total OCO Indirect Costs TOTALS 0 0 0 0 0 0 400 300 100 200 150 50 2,250 1,687 563 31,593 23,695 7,898 3,000 2,250 750 1,000 750 250 18.000 13.500 4.500 56.443 42.332 14.111 36,000 27,000 9,000 22,000 16,500 5,500 8,400 6,300 2,100 1,200 900 300 3.000 2.250 750 70.600 52.950 17.650 0 0 0 127.043 05;282 31.761 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section l! - Page 12 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F.2.c. Budget Description Salaries and Benefits $ 0 Contractual Services $ 0 Expenses $56,443 One sonar detector at $400 is needed to detect and locate objects underwater by means of sound waves sent out to be reflected by the objects. One marine VHF radio at $200 is needed for staff communication while on patrol. The patrol boat will have to be moored at a local marina at a cost of $2,250. Fuels and lubrication costs estimated at a total cost of $31,593 for the patrol boat will average around $200 per day for the 160 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 $1,000. Specialized training at $18,000 for all MATT members is needed for marine law enforcement and security including high risk boardings, suspect transport, officer /suspect safety, liability, safety inspections, profiles, escalation, arrest tactics, defensive tactics, boat handling, authorized force, stopping tactics, boating firearms training, specialized waterborn tactical programs, seaport protection, etc. OCO $70,600 One fully equipped 26' Paramount (or comparable) multi role patrol boat at $36,000 including aluminum radar arch, emergency lights, siren package, bench seating, and heavy -duty trailer built to govern ment/severe duty specifications is needed for coastal defense patrol. Two 225 HP Mercury EFI (or comparable) outboard engines at $22,000 including installation are needed to power the patrol boat. Two EDACS mobile radio at $4,200 each totaling $8,400 are needed for staff communication and safety while on patrol. One GPS system at $1,200 and one navigational radar system at $3,000 is also needed for the patrol boat. Indirect Costs $ 0 TOTAL $127,043 (Federal = $95,282 and Match = $31,761) ♦ 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03125/2002 Section ll - Page 13 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ♦ 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section U - Page 14 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. 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. 2. 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. 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) 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 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 Item 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 3. 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section H - Page 15 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. 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. 4. 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. 5. 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. 6. 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. 7. 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. a. 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. 9. 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 Govemments, or OMB Circular A -110 and Florida law to be eligible for reimbursement. 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/2512002 Section 11 - Page 16 3 16K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. b. 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 CircularA -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 Florida Auditor 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section 11- Page 17 3 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program e. 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. f. 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 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 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. 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 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 0312512002 Section ll - Page 18 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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. c. 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 changes. These include, but are not limited to: a. Changes in project activities, target populations, implementation schedules, designs or research plans set forth in the approved agreement; b. 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, c. 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. b. 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 Grant Application Revised 03/25/2002 Section 11 - Page 19 I A K Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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. b. 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 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. 26. 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 or elected official and the person receiving signature authority. 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. 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. FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 20 3 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key eldments 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. 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. 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. 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. 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 FDLE Byrne Formula Grant Application Package Grant .Application Revised 03/25/2002 Section Il - Page 21 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne 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. b. 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 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). c. 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. DOJ, 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 entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), 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 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 FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 22 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. b. 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 Grant Application Revised 03/2512002 Section ll - Page 23 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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. 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; FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section ll - Page 24 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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; 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 (1) 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 Grant Application Revised 03/25/2002 Section 9 - Page 25 16K 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Sianature Paae 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 of Sub nt ecipient: Ilier Cojety Co n Signature: _. -. A6ey Typed Na e d Title:_ Jim Coletta, Chairman, Collier County Commission Date: Implementing Agency Official, Administrator or Designated Representative Typed Na o tin Ve Collier County Sheriffs Office Signature.- Typed Name and Title: er. Sheriff Date: April 16, 2002 �J Approved as to form t% legal auz C, A"istant County Attorney ATTEST: DWIGHT: E "C .9ROCK . CLM Attogt ig do Cbatrum -$ slowwe 084, FDLE Byrne Formula Grant Application Package Grant Application Revised 03125/2002 Section ll - Page 26 16K I Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Pacie 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 of Subgrant Re lent: Collie-r-C%untwCorn i i f Signature: Typed Name and /Ti : Jim Coletta, Chairman, Collier County Commission Date: Implementing Agency Official, Administrator or Designated Representative Typed Name o mp y Collier County Sheriff's Office Signature: Typed Name and Title: on Hun er, Sheriff Date: April 16. 2002 DWIGHT 1. ` ROCK ,,: 11* C . E �K Approved as to form & .-- le gal sufiici� jc:,, Deputy , lgrk,.' Assistant County A.ttornay Attos t ii to CJMi S I9118tWO on IYO FDLE Byrne Formula Grant Application Package Grant Application Revised 03/2512002 Section // - Page 26 16K 3 SECTION 2. Letters of 51% Approval MAYOR1"� BONNIE R. MACKENZIE J GULF w VICE MAYOR GARY GALLEBERG April 10, 2002 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 2003 Byrne Grant Compliance \Florida Rule 9B- 61.003(4)(d), F.A.C. Dear Mr. Wilder: 16K 3 CITY COUNCIL R. JOSEPH HERMS WILLIAM R. MACILVAINE CLARK RUSSELL PENNY TAYLOR TAMELA WISEMAN In compliance with State of Florida Rule 9B- 61.003(4)(d), F.A.C., the City of Naples approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula Grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Anti Terrorism Equipment and Training Program I (Coastal Defense Project) $ 95,282 Juvenile Arrest & Monitoring $110,250 (JAM) Program III Very truly yours, Bonnie R. MacKenzie Mayor 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 TELEPHONE (941) 213 -1000 • FAX (941) 213 -1010 citycouncil @nap lesgov.com Printed on Recycled Paper 10 City Evergfades City o 16K 3 P.O. Box 110 Everglades City, Collier County, Florida 34139 City Hall 207 Broadway Phone (941) 695 -3781 Fax (941) 695 -3020 April 9, 2002 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 2003 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 Everglades City approves the distribution of the $205,532 total allocation available of Federal Fiscal Year 2002 Byrne Grant Formula grant Program funds for the following projects within Collier County. SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County ( Coastal Defense P ect� $95,282 Anti �uipment and Training Program I Juvenile Arrest & Monitoring $110,250 (JAM) Program III Mayor City Clerk City Attomeys y Samm Hamilton, Jr. M� I'. 16K 3 SECTION 3. Certification of EEO Compliance 16K 3 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): 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 I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and m in such a Plan within 120 days after a subgrant application for federal assistance is approved grfacooss of er I furuds. Type Nam Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Commission Date: rized Official 3/1-2Z/e Approved as to form d, 1 ai �.rftfaf�4�, A+wist6nt Connt� _fir A DWIGHT ,_f, - BROCK C4E�k DeputJ►f Attoet is to Chs irUn I, signatwt mly. FDLE Byrne Formula Grant Application Package EEO Certification Revised 03/25/2002 Appendix IV — Page 1 of 2 16K 3 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): 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 I further affirm that if the Subgrant Recipient meets the Act criteria does not have a current written EEO Plan, federal law requires it to formulate, implement, and a' tain suc Ian wi 120 days after a subgrant application for federal assistance is approved r f e loss 9f fedje aIAnds ,-,p Type Nam Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Commission Date: Official Apps an to farm & legal SUf;lerl a Anistant Comity A tton' .-i j , , ATTEST: DWIGHT EAR &i, CLERK Deput ;,jerk'' , er' ' � Attest GIs tc CMjr"4.3 31gna#We Mi je FDLE Byrne Formula Grant Application Package EEO Certification Revised 03/25/2002 Appendix IV — Page 1 of 2 16K 3 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 CRIMINAL JUSTICE AGENCY 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 this Criminal Justice Agency ...(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 Implementing Agency 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 Implementing Agency ... (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formul,�t: /eel ent, and ai such a Plan within 120 days after a subgrant application for federal assistan s os Of- federal funds. Sig nature'of,CM -ninal JusXce Agency Authorized Official Type Name: Don Hunter Name of Subgrant Recipient: Collier County Name of Criminal Justice Agency:_ Collier County Sheriffs Office Title: Sheriff Date: April 16, 2002 FDLE Byrne Formula Grant Application Package EEO Certification Revised 03/25/2002 Appendix IV - Page 2 of 2 16K 3 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 CRIMINAL JUSTICE AGENCY CERTIFICATION 1, the undersigned authorized official, certify that Control and Safe Streets Act of 1968 as amended, the following): X Meets Act Criteria according to Section 501 of the Omnibus Grime that this Criminal Justice Agency ...(Select one of 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 Implementing Agency 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 Implementing Agency ... (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assists i T r f c r foederal funds. Signatur f riminal Jus 'ce Agency Authorized Official Type Name: Don Hunter Name of Subgrant Recipient: Collier County Name of Criminal Justice Agency: Collier County Sheriffs Office Title: Sheriff Date: April 16, 2002 FDLE Byrne Formula Grant Application Package EEO Certification Revised 03/25/2002 Appendix IV — Page 2 of 2 4 A 16K3 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 03- CJ- 5A- 09 -21 -01 -101 in the amount of $95,282, for a project entitled: Anti- Terrorism Equipment and Training Program I (Coastal Defense Project) for the period of 10/01/2002 through 09/30/2003, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance and 59aieemep a�d specialyconditions governing this subgrant. igna orized Official) (Da of Acceptance) Jim Coletta (Typed Name of Official) Chair, Board of County Commissioners (Typed Title of Official) Collier County (Name of Subgrantee) Apgrored as to form k o1 oaf:# -_ tmnty Alt w=y ATTEST:., DWIGHT CKf RK putj C d& Attest as''ttcw*'v_an-s Signature only. 16K3 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program SUBGRANT AWARD CERTIFICATE Subgrantee: Collier County Board of Commissioners Date of Award: September 4, 2002 Grant Period: From: 10/01/2002 To: 09/30/2003 Project Title: Anti- Terrorism Equipment and Training Program I (Coastal Defense Project) Grant Number: 03- CJ- 5A- 09 -21 -01 -101 Federal Funds: $95,282.00 State Agency Match: Local Agency Match: $31,761.00 Total Project Cost: $127,043.00 Program Area: 026 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90 -351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100 -690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A 787, or OMB Circulars A -110 and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90 -351, as amended, and P.L. 100 -690. 16K3 03- CJ- 5A- 09 -21 -01 -101 SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Q-QftL w. LU.L*�- Authori ed Official Clayton H. Wilder Community Program Administrator el - (J- yZ Date 16K3 MEMORANDUM Date: October 27, 2003 To: Joyce Houran, Grants Coordinator Collier County Sheriff's Office From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Financial Closeout Package Project #03- CJ- 5A- 09 -21 -01 -101 AND Project #03- CJ- 5A- 09 -21 -01 -102 Enclosed please find one (1) original document for each item as referenced above, (Agenda Item #16K3), approved by the Board of County Commissioners on March 26, 2002. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures ITEM NO: DATE RECEIVED: FILE NO.: ROUTED TO J h /'"P O a4 ^/ DO NOT WRITE ABOVE THIS SPACE Date: October 29 2003 REQUEST FOR LEGAL SERVICES (Please type or print) ­3 r., Thomas Palm r Esd From: Crystal K Kinz Finance Director (Name) ' Sheriff's (Title) Division (Division) Finance Di (Department) Re: _Byrne Grant Financi11 Closeout Packages (Subject) To: Office of the County Attorney Attention: BACKGROUND OF REQUEST /PROBLEM: (Describe problem and give background_nformation - be Gnus, conG and a a Between October 1, 2002 and September 30, 2003 the Sheriff's Office received Anti -Drug Abuse Grants Program (Edward Byrne Grant) funding for the Juvenile Arrest & Monitoring (,JAM) Program 3 and the Anti- Terrorism Equipment and Training Program 1. The Board approved the grant applications, awards and associated budget documents on March 26, 2002 Agenda Item 16(K)3. Final budget related documents need to be submitted to the grantor. Board Chairman Tom Henning's signature is needed on the budget related Financial Closeout Packages. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes Item No. SHF- 020318 -02 - March 26, 2002 Agenda Item 16K3- copy attached. 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 as to form and legal sufficiency of the Financial Closeout Package documents. OTHER COMMENTS: CC: Don Hunt r She iff All requests must be copied to your appropriate Division Head or Constitutional Officer.) jh1a:1e,TAMCOASTALDEFENSEcloseout03 a G C /I Edward Memorial and Local Enforcement Financial Closeout Package Formula Grant Final 11&121 27,077.62 36,349.25 Totals 105,478.37 62,237.06 176,987.06 Total Federal Funds Expended 114,750.00 Less: Federal Funds Received 105,478.37 Federal Amount of Final Claim 9,271.63 or Refund Due to OCJG* *If a refund is due to OCJG, please submit a check along with the Closeout Package made payable to Florida Department of Law Enforcement. I eroy certify thfflt the above ,costs are true and valid costs incurred in accordance with the ojt agreem t and represent the final claim for the project. Project Director Signature Chief Financial Officer Signature � a w. Chrmanr Tom Henning CFO -James L. Mitchell 4JIyped Name of Project Director .. As W Typed Name of Chief Financial Officer Date 1012'1103 Date /0 aq 03 per rap to form c, �; ... State of Florida Denartmos s i �� ^ ..... � -�__ -- - Rule 11D -9.006 ~ ff i n ' t� JG 02 (rev. 08/06/2003) Previous editions are obsolete Status of Funds Subgrantee: Collier County BOC Project Number:03- CJ- 5A- 09 -21 -01 -102 Claim Month Subgrantee Federal Amount Match Number Received Received Re orted Claim Total Advance 1 January 10,135.97 3,378.65 13,514.62 2 February 8,084.74 2,694.91 10,779.65 3 February 8,088.07 2,696.02 10,784.09 4 April 13,063.88 4,354.62 17,418.50 5 May 9,565.68 3,188.56 12,754.24 6 June 9,107.09 37035.70 12,142.79 7 July 10,688.24 3,562.75 -- 14,250.99 8 September 10,895.22 3,631.74 14,526.96 9 September 15,317.13 5,105.71 20,422.84 10 September 10,532.35 3,510.78 14,043.13 Final 11&121 27,077.62 36,349.25 Totals 105,478.37 62,237.06 176,987.06 Total Federal Funds Expended 114,750.00 Less: Federal Funds Received 105,478.37 Federal Amount of Final Claim 9,271.63 or Refund Due to OCJG* *If a refund is due to OCJG, please submit a check along with the Closeout Package made payable to Florida Department of Law Enforcement. I eroy certify thfflt the above ,costs are true and valid costs incurred in accordance with the ojt agreem t and represent the final claim for the project. Project Director Signature Chief Financial Officer Signature � a w. Chrmanr Tom Henning CFO -James L. Mitchell 4JIyped Name of Project Director .. As W Typed Name of Chief Financial Officer Date 1012'1103 Date /0 aq 03 per rap to form c, �; ... State of Florida Denartmos s i �� ^ ..... � -�__ -- - Rule 11D -9.006 ~ ff i n ' t� JG 02 (rev. 08/06/2003) Previous editions are obsolete Edward and Local Law i Financial Closeout Package 16K3 Formula Grant Proaram Status of Funds Subgrantee: Collier County BOC Project Number: U3- CJ- 5A- 09 -21 -01 -101 Claim Number Advance 1 &2 3 4 5 6 7 8 9 10 Final (11 &12) Totals Subgrantee Received February June June June June July September September September Amount Received Total Federal Funds Expended Less: Federal Funds Received Federal Amount of Final Claim 13,854.00 281.25 3,994.96 43,615.87 3,346.40 3,286.34 E 149.95 921.93 2,331.30 90, 782.00 Match 4,618.00 93.75 1,331.65 14,538.61 1,115.47 1,095.45 383.32 6,307.31 777.44 13,701-56 43,962.56T Claim Total 18,472:00 375.00 5,326.61. 58,154.48 4,461.87 4,381.79 1,533.27 25,229.24 3,108.74 13, 701.56 134,744.56 90, 782.00 90,782.001 or Refund Due to OCJG" 0.00 `If a refund is due to OCJG, please submit a check along with the Closeout Package made payable to Florida Department of Law Enforcement. I hereb certify that the above costs are true and valid costs incurred in accordance with the re resent the final claim for the project. project agreeme .'Project Director Signature Chief Financial Officer Signature g ture 4* Chairman, Tom Henning L ed ` rped Name of Project Director CFO - James L. Mitchell Typed Name of Chief Financial Officer < y Date tehti 1. l Date 01Q q10 3 State of Florida w in r dQ iO f4 2 �►fil Sllfflt 11 D -9.006 IN — of 002 (rev. 0810612003) Previous editions are obsolete •>• � ; � z �? 7 �f+.+3� � t�'+i1 i' rr .. � r r a. 7'l, H ra3E''n r �' ' t ��:.�� �,. .' , r � �j ft"W"_ - �ie TWF +?°xt?r a+ aj �LE F y s e t "'3�•'. �'�*'� ,.. ky, f a r .7# S�IF z. •i Yt �; M do �Gy } _4 . ally ,3f•�.,r -:. ,� :�' i�Y+i t. yi.�.�,,y #. 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L 4 }l 1� _ j £' _ ;i 'yga• { 4' fa,� � >:7 3XX "i.t -�i A .:�+t.a. u ''Lr fA5 f��✓.� S B�awi �rf }�91t• P' ��N�a �$� n:�;r �. f �°' ! :i €`h 1 <: .a ��ri 4 V t ,1 t _ � 1. - .. ,. cii,.� C^. aY r �'1 �'k' ^r, e`�y. .iv }•WV...' -,t, iYf �.aef V � '.'�rr� �'F7'�� { (:. ,'� ... t i .. ` � ' Sri 4'ri fr 1 •.;;,� stF -; c V'. � z; r 1 5 4V ��, -QySY� .. h� ii� t� 419E i _ -�t ~ "�f '•�• � S ,4 wa °�i �[�1♦ ! � , e -t6 ., 1 ir^+, �._t �r �• � �f � "7it'.rc*#'�FrJ"',zu ,a. 1 � w_ c+ •1 a i� " t ^�rllls- 5. w +�-{x. r,�..�9oe♦a• 1 ,�� � �� �114e�rrrasc r � r } it +,�. � •. +�`^�'�'��' h,�.t `w'{' K..i � z�'C _ #4 -: � . , r t '. o'�'�i �'i�" `.' 1 w r`' � - ^' ', ..- ..' i_ :j�� ��e' y y,'�3��si .y r+� -�b�YC �p=•?+.� _ r:'�1 1 _. cT � y.al.�.�' ♦t :' [ �� � Cct ='� �� F'�'�r'��-d)M1�i'���rt�" �f:. t� V A ✓A. }wI_gr'x'sr��,i.� � r BXECUTIVB SUMMARY 16 K . RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT THE LOCAL ENFORCEMENT' S - ANTI =DRUG- ABUSE - ACT - FORMULA, GRANT PROGRAM, TMENT OF LAW OBJECTIVE: To seek appointment of --- --- - "---- coordinating unit for local a the Collier County Commission as the 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 thirteen years. 2. The Collier County Program has proven to be a valuable project. 3. The Florida Department of Law Enforcement has allocated $205,532 for State Fiscal Year 2003 Collier County funding. 4. The Sheriff's Office will seek fourteenth year Edward Byrne Grants. Third year continued funding will be sought for the Collier County Juvenile Arrest and Monitoring (JAM) Program. First year fu will be sought for an Anti- Terrorism Training and Equipment grantnding S. Board approval is needed for: the Collier Count continue in the capacity of local coordinator, the Sheroiff sslOffice grant applications for fiscal year 2002/2003, to authorize acceptance of awards, and associated budget amendments. FISCAL IMPACT: Twenty five (25 %) percent local matchin funds drawn proportionate to share of funding received from g ' $68,511 Fund Reserves (602-919010-99,000) or general operating � Confiscated Trust funds as available. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government and authorizes the Board Chairman to execute the Certification of Participation for fourteenth year funding, approve the Sheriff's Office grant applications for fiscal year 2002/2003, authorize acceptance of awards, and approve associated budget amendments. Certification of Confiscated Trust Fund Request 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: Crys 1 K. Kin el, F, nce Director APPROVED "18, on DATE: Mar 9a /]h /a:x8CP3 ff 0 0 CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2002 Date: March 26 2002 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 x 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: Title: E -mail address: Ora arg Agency: Collier Coun I Address: 3301 Tamiami Trail East Na les F Telephone:_ 941 -79 3 -g34r, Date: Sincerely, Chair, Board of County Commissioners Jim Coletta Enclosure 2 County: C' .111 j, 1683 o�enoy Byrne Grant Program Announcement ITEM NO:- �+ FILE NO 47 f O 03 /ff DATE RECEIVED: ROUTED T0: 16K3 DO NOT WRITE ABOVE THIS SPACE hJ REQUEST FOR LEGAL SERVICES (Please type or print) Date: March 18, 2002 p M To : Office of the Count At torne 0 ---) Attention: Thomas Palmer, m From: C stal K. Kinzel1Z'' Finance Director (Name) Sheriff's Office (Title) Finance Division (Division) Re: Ant i -Dru (Department) d 4 Abuse Grant Program / v (Subject) v f BA V L } #Z2 7.- BACKGROUND OF REQUEST /PROBLEM: 3 � (Describe problem and give background information be specific, concise, and articulate). Fiscal year 2002 /2003 Anti-Drug grant funding has been all to Collier County by Florida (Edward B of Law Enforcement. rne Grant) Board approval is requested by the Sheriff Office 1. Seek appointment of the Collier County Commission as the unit of government for Byrne Grants and execute the Certification Participation, of 2. Approve Sheriff's Office fiscal year 2002/2003 Byrne Grant when completed, applications 3. Approve acceptance of awards and associated budget documents. (Are there documents. or other information needed to review this matter? If yes, attach and reference ference this THIS ITEM ioual HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney s office file number.) ACTION REQUESTED: (Be very specific. Identif y exactly what you need in the way of legal services.) Legal approval of Certification of Participation. JTHER COMMENTS: 16L2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 16L3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MAY 6, 2003 16L 4 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16L 5 DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 16L 6: DOCUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF MAY 1, 2002 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: 17A (Display Adv., location, etc.) *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Originating Dept/ Div: County Attorney Person: Ramiro Manalich Date: 02/27/02 Petition No. (If none, give brief description): Petitioner: (Name & Address): 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. 03/26/02 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 REPEALING IN ITS ENTIRETY COLLIER COUNTY ORDINANCE NO. 2001 -49, WHICH CREATED THE COMMUNITY OF CHARACTER COUNCIL; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND 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: 001- 010510- 649100 Reviewed by: � 2 Division Administrator or Designee Date Ramiro Manalich, Chief Assistant County Attorney List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS 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 ❑ Requesting Division Clerk's Office ❑ 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 O Y: Date Received: V P 03. Date of Public hearing: D D Date Advertised: o3�.i� L ORDINANCE NQ 2001- 17A AN ORDINANCE REPEALING IN ITS ENTIRETY COLLIER COUNTY ORDINANCE CVO. 2001 -49, WHICH CREATED ' THE COMMUNITY OF CHARACTER COUNCIL; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Board of County Commissioners adopted Ordinance No. 2001 -49, which created the Community of Character Council, a "board" as defined in Collier County Ordinance No. 86 -41, as amended; and WHEREAS, The Board of County Commissioners desires to terminate the Community of Character Council as a "board" as defined in Collier County Ordinance No. 86 -41, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 2001 -49 Collier County Ordinance 2001 -49 is hereby repealed in its entirety. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion. 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 March, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Cleric COLLIER COUNTY, FLORIDA. By: By: Deputy Clerk Approved as to form and legal sufficiency: Ramiro Manalich Chief Assistant County Attorney JAMES N. COLETTA, Chairman Commissioner, District 5 17A February 28, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Repeal Ordinance 2001 -49 Dear Pam: Please advertise the above referenced petition on Friday, March 15, 2002 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Joanne R. Allen, Deputy Clerk Enclosure Charge to: Account 001 - 010510- 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE l �' A Notice is hereby given that on TUESDAY, MARCH 26, 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 REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 2001 -49, WHICH CREATED THE COMMUNITY OF CHARACTER COUNCIL] PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES1 PROVIDING FOR CONFLICT AND SEVERABILITY1 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. 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 JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /JoAnne R. Allen, Deputy Clerk (SEAL) Joanne R. Allen From: Joanne R. Allen Sent: Thursday, February 28, 2002 1:46 PM To: 'paperrell @naplesnews.com' Subject: March 15, 2002 Advertisement Importance: High Hi, Pam Please advertise the enclosed on Friday March 15, 2002. Thanks for your help. JoAnne Repeal Ord. 2001- 49.doc JoAnne R. Allen Deputy Clerk Minutes & Records Dept. Repeal Ord. 2001- 49.doc 3/1/2002 17A 1 Joanne R. Allen From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 01, 2002 9:33 AM To: Joanne R. Allen Subject: Delivered: March 15, 2002 Advertisement Importance: High —,, March 15, 2002 Advertisement <<March 15, 2002 Advertisement>> Your message To: 'paperrell @naplesnews.com' Subject: March 15, 2002 Advertisement Sent: Fri, 1 Mar 2002 09:40:22 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 1 Mar 2002 09:32:46 -0500 JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. Naples Daily News Na lea, FL 34102 P 17A Affidavit of Publication merit Ce , Tammi roil hoar Naples Naples Daily News Florida, the o} will consider Commissioners the loner - will calskler the erwot• - ------------------------------------------ +--------------------- - - - - -- Signature of Af4iant _ Swore to _Intl Subscribed Personally -known by me k: . /</ • 'A • -e me this j_-6-24x Of _ 20j:2� ,%01 r� Donna Chesney 5F` My Commission DD056336 ,,W Expires September 11, 2005 a come a n!artent Part of the person who decld- es to appeal a derision od the Board will need a re• ensure mar a veraanm record of the proceedings is made which record in- cludes & testimon and ovdden[e upon whit the R'_Y . ', A N. COLETTA, %AN r E. BROCK, oAnne R. Allen Clerk Colllet nfY Govern- 3301 East merit Ce , Tammi roil hoar Naples BOARD OF COUNTY COMMISSIONERS Florida, the o} will consider Commissioners the loner - will calskler the erwot• CHRIS HORTON menl of a Cow - Ordi- PO BOX 4130.16 NAPLES FL 34101 -3016 nonce. The meet(no will MMle of tthhe prop A.M. ordinance RDINAN( RE- PEALING, IN ITS EN- TIRETY COLLIER NO. �1D 9, REFERENCE: 001230 NANCE WHICH CREATED 58415412 NOTICE OF INTENT TO THE COMMUNITY OF CHARACTER State of Florida INGFOR�INCLUSION County of Collier e?4ore t?`s u7lersi ned authorit , personall IN CODE OF LAWS PR ORDINANCES' PRO�((DING appeared 8. Lamb, who on oath says that she serves y AND CONFLICT AND as Assiatth* rprporate Secretary of the Naples at Naples, SAEEVERABILITY' DAN EFFECTIIVEE Daily News, a daily newspaper published in Collier County, Florida: that the attached DATE. copy of advertising was published in said Coples of the proposed Ordinance are on file with r on dates listed. newspaper the Clark to the Board and Affian- further says that the said Naples Daily are avalk le for Inspec- Inhrrested News is a newspaper published at Naples, in said icon' All parties 10 attend and Collier County, Florida, and that the said beeh �inv-dit,ed newspaper has heretofore been continuously NO E: All persons published in said Collier County, Florida, each wishing to e �speak on any day and has been entered as second class mail t°er0e with Mee CCouunN�alds- matter at the post office in Naples, in said mk+htraler for to pre- sentation °1adde agenda Cnunt Florida fora period of 1 year item 10 be addressed. Item to next preceding the first publication of the be dlvklual speakers will be atthehea copy of advertisement; and affiant limited to 5. minutes on of any item. The select further says that she has neither id nor Pa speak on Individual to speck on promised am person, firm or corporation any for the behalf of an organization or group Is entour° M' discount, rebate, commission or refund purpore ov securing this advertisement for an,, a sspokesper man, for publiction in the said newspaper. a group or organization may be allotted 10 min- utes to ii onanitem. PUBLISHED ON: 03/15 Persons wishing to mnafeerias�lucl dgIn�thee Board agenda packets must submit sold material a minimum of 3 weeks prior to the respective SPACE: 105.000 INCH public hearing. In any case, written matedS�I�s In- tended to be considered FILED ON: 03/15/02 ------------ y--- ---- -- ---- -- --- -- - --- --- by„1te Board shall be s� Signature of Af4iant _ Swore to _Intl Subscribed Personally -known by me k: . /</ • 'A • -e me this j_-6-24x Of _ 20j:2� ,%01 r� Donna Chesney 5F` My Commission DD056336 ,,W Expires September 11, 2005 a come a n!artent Part of the person who decld- es to appeal a derision od the Board will need a re• ensure mar a veraanm record of the proceedings is made which record in- cludes & testimon and ovdden[e upon whit the R'_Y . ', A N. COLETTA, %AN r E. BROCK, oAnne R. Allen Clerk ORDINANCE NO. 2002 -13 17A AN ORDINANCE REPEALING IN ITS ENTIRETY COLLIER COUNTY ORDINANCE NO. 2001 -49, WHICH CREATED THE COMMUNITY OF CHARACTER COUNCIL; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Board of County Commissioners adopted Ordinance No. 2001 -49, which created the Community of Character Council, a "board" as defined in Collier County Ordinance No. 86 -41, as amended; and WHEREAS, The Board of County Commissioners desires to terminate the Community of Character Council as a "board" as defined in Collier County Ordinance No. 86 -41, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 2001 -49 Collier County Ordinance 2001 -49 is hereby repealed in its entirety. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word 'ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion. 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 March, 2002. ATTEST :.1c DU1(3HT E. -BROCK, Clerk E�' - Ei4ie HCiff AF- Deputy Clerk Approved as to form and legal sufficiency: Ramiro Manalich Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: JAME N. COLEI-ITA, Chairman Commissioner, District 5 AGENDA ITE7� No. MAR 2 6 2002 Pg. 17A 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. 2002 -13 Which was adopted by the Board of County Commissioners on the 26th day of March, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of March, 2002. DWIGHT E. BROCK T' ) Clerk of Courts and Ex- officio to Board bt _ County Commissioners"",'- �� ,:..`•', ��'� ." By: Ellie Hoffman, Deputy Clerk COLLIER COUNTY FLORIDA - REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Trans Svcs /Transportation Operations Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Person: Edward J. Kant11 -e �— Date: June 18, 2001 Name & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet): Ms. Roseanne Stott, Property Manager, Moon Lake HOA, 2406 Ivy Avenue, Fort Myers, FL 33907 (941 -481 -2500) Hearing before: ® BCC ❑ BZA ❑ Other ✓ a2 {, �O Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 3-i, LAA9r Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ® Legally Required Proposed 'Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -76 WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO ALLOW PROPERTY OWNERS AND APPOINTED REPRESENTATIVES OF PROPERTY OWNERS TO SERVE ON THE ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include 163646 -64910 Revied by: 0 Department Dirt' List A cost? ❑ Yes ® No If Yes, what account should be charged for advertising costs: 111- Executive Summary, On Date 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: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ON Y: Date Received: m d o Z Date of Public hearing: 03 aZ O 2. Date Advertised: (?i3 0 Z- lie ORDINANCE NO. 2002- AN ORDINANCE AMENDING COLLIER COUNTY 178 ORDINANCE NO. 2001 -76 WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO ALLOW PROPERTY OWNERS AND APPOINTED REPRESENTATIVES OF PROPERTY OWNERS TO SERVE ON THE ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -76 which created the Livingston Road Phase II Beautification Municipal Service Taxing District; and WHEREAS, the Board of County Commissioners desires to change the composition of the Advisory Committee to include property owners and appointed representatives of property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76. Section Six is amended to read as follows: SECTION SIX: CREATION OF THE LIVINGSTON ROAD - PHASE II BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION A. There is hereby created and established the Livingston Road — Phase II Beautification Advisory Committee, hereinafter referred to as the "Committee ". B. The Committee shall consist of five (5) members that generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents, property owners or appointed representatives of propert y owners within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. 1 Words Underlined are added; Words StfeeI T-lireugh are deleted. 17B' D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: 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 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 FOUR: EFFECTIVE DATE. This Ordinance shall take effect 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 , 2002. DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK LOIN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney h: HFA \Ord\AmendLi vingstonRObasellBeautification JAMES N. COLETTA, CHAIRMAN 2 Words Underlined are added; Words Stmek Thfeao are deleted. 17B 11 March 1, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider an Ordinance Amending Ordinance 2001 -76 Dear Pam: Please advertise the above referenced petition on Friday, March 15, 2002. Kindly send the Affidavit of Public4tion, in duplicate, together with charges involved to this office. Thank you. Sincerely, Joanne R. Allen, Deputy Clerk Enclosure Charge to:111- 163646 - 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 176 . Notice is hereby given that on Tuesday, March 26, 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 COLLIER COUNTY ORDINANCE NO. 2001 -76 WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNITE PROVIDING FOR AMENDMENT TO SECTION SIX TO ALLOW PROPERTY OWNERS AND APPOINTED REPRESENTATIVES OF PROPERTY OWNERS TO SERVE ON THE ADVISORY COMMITTEEI PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCESf PROVIDING FOR CONFLICT AND SEVERABILITYy 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. 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 JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /JoAnne R. Allen, Deputy Clerk (SEAL) ��.�t1E C11pCG,r no � c v y Dwight E. Brock Clerk March 1, 2002 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101044 Ms. Roseanne Stott Property Manager Moon Lake HOA 2406 Ivy Avenue Ft. Myers, Florida 33907 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Amending Collier County Ordinance No. 2001 -76 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday March 15, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Joanne R. Allen, Deputy Clerk Enclosure 178 Joanne R. Allen To: paperrell @naplesnews.com Subject: Ordinance Amending Ordinance 2001 -76 Importance: High Hi Pam: Please advertise the attached on Friday, March 15, 2002. Sorry for the confusion with the other notices. I will make sure that the subject is more clearly stated for your files. Thanks again for all your help. JoAnne ® I—.J Amend 2001- 76.doc Ord.Amend.Ord. #2C 01- 76.doc JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. 17B Joanne R. Allen ' From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 01, 2002 4:41 PM To: Joanne R. Allen Subject: Delivered: Ordinance Amending Ordinance 2001 -76 Importance: High Ordinance lending Ordinance <<Ordinance Amending Ordinance 2001 -76» Your message To: 'paperrell @naplesnews.com' Subject: Ordinance Amending Ordinance 2001 -76 Sent: Fri, 1 Mar 2002 16:48:01 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 1 Mar 2002 16:40:33 -0500 JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. Maples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News - - -----~-°---~-------~------~---- ~--- +-- ~-------- ------ ------ - -- BOARD OF COUNTY COMMISSIONERS CHRIS HORT(NI PO BOX 413016 NAPL' FL 34101 -3016 REFERENCE: 001230 1111636466491 58415499 AMEND ORD. 2001 -76 N State of °lorida 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 ,,ev:?aper c:-. dates listed. Affient further siys that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said .. arz vi has heretofore been continuously DublAsred in said CoI Lier County, Florida, each day and has been entered as second class mail matte. at tt:, 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 p,"mif -led any nc -son, firm or corporation any discount, rebate, commission or refund for the purpose ai securing this advertisement for 7ubL4ct`)n in the said newspaper. PUBLISHED ON: 03/15 AD SPACE: 112.000 INCH FILED ON:. 03/15/02 Sigrlaturs of Affiant ,'.:d SUJscribed Personally known by me me this ��`O Donna Chesney ��►► '; MY Commission DD058336 w * °� Expires September 11, 2005 2Oe2�,� 17B room 3rd Floor, Admin- IstraFign Building, Collier Country Government Center, 3301 East Tornio- ml Troll, Naples, Florida, the Board of County Commissioners will con- sider the enachnent of a Courtly r Ordinance. The meeRng wiH commence at 9�0 A M. The tlNe of the proposed Ordinance ROAD PHASE 11 BEAUTI- FICATION MUNICIPAL SERVICE TAXING UNIT' PROVIDING FOO AMENDMENT TO SEC- TION SIX TO ALLOW PROPERTY OWNERS AND APPOINTED REP- RESENTATIVES OF PROVIDING FORMAN EIZ FECTIVE DATE. Copies of the proposed ordinance are on file with the Clerk to the Board and are available for Inspec. tion. All Interested parties are Invited to attend and be heard. NOTE: All persons wishing to-speak on any agenda Item must regls- ter with the County ad- ministrator prior to pre- sentation . of the agenda ddllvidualal speakers addressed. Ibe limited to 5 minutes on any Item. The selection of an Individual to speak on behalf of on organization or group Is encouraged. If recognized by the Chair- man, a spokesperson for a group or organization my be allotted 10 min- to speck on an Rem. Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials In- tended Board shdi1 b �su6 mited to the Apr late staff of seven n days prior to the public hearing. All materi- a rd monent part of person who decid- appeal a decision of lard will need a re- ensure that a verbatim record of the proceedings Is made which record In- cludes the testtm and evidence upon wh the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN CD�WIIGHT E. BROCK, By: /s /JoAnne R. Allen, lF(S,? Y Clerk Marlch 15 No. 1992822 17B ORDINANCE NO. 2002- 14 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2001 -76 WHICH CREATED THE LIVINGSTON ROAD PHASE II BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION SIX TO ALLOW PROPERTY OWNERS AND APPOINTED REPRESENTATIVES OF PROPERTY OWNERS TO SERVE ON THE ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 11, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -76 which created the Livingston Road Phase H Beautification Municipal Service Taxing District; and WHEREAS, the Board of County Commissioners desires to change the composition of the Advisory Committee to include property owners and appointed representatives of property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-76. Section Six is amended to read as follows: SECTION SIX: CREATION OF THE LIVINGSTON ROAD - PHASE 11 BEAUTIFICATION ADVISORY COMMITTEE; APPOINTMENT AND COMPOSITION A. There is hereby created and established the Livingston Road — Phase H Beautification Advisory Committee, hereinafter referred to as the "Committee ". B. The Committee shall consist of five (5) members that generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents, property owners or appointed representatives of property owners within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. 1 Words Underlined are added; Words Seek Through are deleted. 17B D. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: 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 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 FOUR: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this a6, ;6& day of ' �fsf too s any Zoo2 BOARD OF COUNTY COMMISSIONERS OF T. T. `' COLLIER COUNTY, FLORIDA DkVIGHTOC, CLERK By. Att wt a tA CM i r , = JA . COLETTA, CHAIRMAN Mpeon alp Approved as to form and legal sufficiency: (4, � � L=—, Heidi F. Ashton Assistant County Attorney h: HFA \Ord\AmendLi vingstonRdPhaseIIBeautification 2 Words Underlined are added; Words Stfue1FThy-eug# are deleted. 17B " 1 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. 2002 -14 Which was adopted by the Board of County Commissioners on the 26th day of March, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of April, 2002. DWIGHT E. BROCK �t Clerk of Courts 'A'n4ia,Clerk-'.�; . y Ex- officio to Bo-arcl= -'of County Commissiorvierk; By: Ellie Hoffman, Deputy Clerk 17 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 0 Other: (Display Adv., location, etc.) **, r*******, r**, r, r****, r****, r*******, e***, r*******•********** w***** ww •,r *w * # * * « * * «w *w,r *,►,r * * * *re,e Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Fred Reischl Date: 3/1/02 Petition No. (If none, give brief description): VA- 2001 -AR -1584, 384 Fox Den Circle Petitioner: (Name & Address): Stan Whittemore, 452 Fox Den Circle, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: T. Michael & Barbara J. Brott, 8820 Clearview Drive, PO BOX 553, Orland Park, IL 60462 Hearing before 0 BCC 0 BZIIA 0 Other Requested Hearing date: -� \�% - O Z-- Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: VA- 2001 -AR -1584, Stan Whittemore, representing T. Michael and Barbara J. Brott, requesting a 5 -foot variance from the required 30 -foot rear yard setback to 25 feet for property located at 384 Fox Den Circle, further described as Lot 32, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes advertising costs: 113- 138312 - 649110 Reviewed by: Approved by: /Division Head 7- List Attachments: 0 No If Yes, what account should be charged for 3 - Date County Manager DISTRIBUTION INSTRUCTIONS Date 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: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *•***********• w***, r******, r********** w********* w,►* w *rt * *,r * * * * * * *•,t *• *+t * «� * * *,t« *wow ** *FOR CLERK'S OFFICE USE ONLY: Date Received: Slollo %. Date of Public hearing: .� Date Advertised: 3 /D o Z ' RESOLUTION NO. 02— 17C RELATING TO PETITION NUMBER VA- 2001 -AR -1584 FOR A 5 -FOOT VARIANCE FROM THE REQUIRED REAR YARD SETBACK OF 30 FEET TO 25 FEET FOR FOXFIRE UNIT 3, BLOCK G, LOT 32, AS RECORDED IN PLAT BOOK 13, PAGES 101 - 103, OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5 -foot variance from the required 30 -foot rear yard setback to 25- feet as shown on the attached plot plan, Exhibit "A ", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW,THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2001 -AR -1584 filed by Stan Whittemore, representing T. Michael and Barbara J. Brott, with respect to the property hereinafter described as: Foxfire Unit 3, Block G, Lot 32, as recorded in Plat Book 13, Pages 101 - 103, of the Official Records of Collier County, Florida be and the same hereby is approved for a 5 —foot variance from the required rear yard setback of 30 feet to 25- feet as shown on the attached plot plan, Exhibit "A ", of the PUD Zoning District wherein said property is located, subject to the following conditions: 17C 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA- 2001 -AR -1584 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Maijorie" , . Student Assistant County Attorney VA-2001 -AR-1 584/RG/lo day of , 2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN Fax: (941) 597 -2803 LEGAL DESCRIPTION Lot 3 Z , of Block G , of that certain subdivision known as r-OK F 12 {_ U N 1 T - , as recorded in Plat book 13 page 10 - 03 of the Public records of eo L- I, t C R. County, Florida i 17C O M � z ` PC fL N � P- t'vs7 � 0 PC Z5, , to QC- I G � 8 W,`• I I N 10,35- 6.47 8 I V I M - 1 N co t,oT -31 n L.ot -3Z IN 2 lOT_ 33 P144 CAP 55'. 00 A K rlk� r CERTIFICATE This ov/Daa wf a sunW of dw La. . uad vo,, F.H. . FW HO N,M ►obm L ,a. K - I- p.aW� a sd. •� 1. ^a1 D p = T wary ""r ar n**mwn wxr is r arndwde sat AxM by On Fforids Board EAP.. Edp� al P� T.O.B.. EU,.1 Br1k �` of Pffl/saf�Oflsf wd SI, ""M n ampw 81017 Fkdda A&rA-kWsaow Found � we— o : Exhibit "A" -- coda aW,uu+ra s.o�on d�z.oz7. FbOds sf hm& Ar4 we Ow skald • ."1141 mn {. - ..,...M -w........ 17C March 1, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Petition VA- 2001 -AR -1584 (384 Fox Den Circle) Dear Pam: Please advertise the above referenced petition on Sunday, March 10, 2002. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Joanne R. Allen, Deputy Clerk Account #113- 138312 - 649110 17c NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 26, 2002, 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- 2001 -AR -1584 Stan Whittemore, representing T. Michael and Barbara J. Brott, requesting a 5 -foot variance from the required 30 -foot rear yard setback to 25 feet for property located at 384 Fox Den Circle, further described as Lot 32, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. 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. 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 record of the proceedings pertaining thereto and ensure that a verbatim record of the proceedings includes the testimony and evidence upon which the BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /JoAnne R. Allen, Deputy Clerk (SEAL) the Board will need a therefore, may need to is made, which record appeal is based. U y ODUM" Dwight E. Brock Clerk March 1, 2002 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 Mr. Stan Whittemore 452 Fox Den Circle Naples, FL 34104 17C CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Petition VA- 2001 -AR -1584 (384 Fox Den Circle) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 10, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C i oanne R. Al&� len, Deputy Clerk Enclosure U 54 COU1e Dwight E. Brock Clerk March 1, 2002 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 17C"TAJ CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Mr. & Mrs. T. Michael Brott 8820 Clearview Drive P.O. Box 553 Orland Park, Illinois 60462 Re: Notice of Public Hearing to consider Petition VA- 2001 -AR -1584 (384 Fox Den Circle) Dear Property Owners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 26, 2002, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 10, 2002. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r oanne R. Allen, Deputy Clerk Enclosure 17C Joanne R. Allen From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 01, 2002 2:55 PM To: Joanne R. Allen Subject: Delivered: March 10, 2002 Advertisement LLJ March 10, 2002 Advertisement <<March 10, 2002 Advertisement>> Your message To: 'paperrell @naplesnews.com' Subject: March 10, 2002 Advertisement Sent: Fri, 1 Mar 2002 15:02:36 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 1 Mar 2002 14:55:03 -0500 JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. 17C Joanne R. Allen To: paperrell @naplesnews.com Subject: March 10, 2002 Advertisement Hi Pam: Please advertise the attached on Sunday, March 10, 2002. Thanks again. JoAnne VA- 2001- AR- 1584.d oc.dot VA- 2001- AR- 1584.d oc JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. JoAnne R. Allen 3/1/2002 Deputy Clerk Minutes & Records Dept. Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----°----------------------------------------- +---- - - - - -- ---- - - -- -- BOARD OF COUNTY COMMISSIONERS ". i " NORTON PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 1131383126491 58413276 VA- 2001 -AR -1584 NOTI State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached :opy 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 Nub. +s +red in said Collier County, Florida, each day and has been entered as second class mail mr *ter gat the post office in Naples, in said Collier County, Florida, for a period of 1 year Ili. � pt:wcauing 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 oiscourit, rebate, commission or refund for the ,Y.v `, sr�;.uring this advertisement for publiction in the said newspaper. P113LI: "wD ON: 03/10 AD SPACE: 94.000 INCH FILED ON: 03/11/02 Signature of Affiant v ` Sworn to .,rd Subscribed re me t his day of'� -- 20L0� Personally known by me Donna Chesney My Commission D0056336 or n Expires September 11, 2005 17C fhe -Board will consld. er Petition VA- 2001 -AR -1584. Stan Whittemore repre- senting T. Midmel and Barbara J. B , re- gTrio a 5-foot varl- arrYlce from the required 30-foot k to 25 Yfe f�nr tioon�n�,% arTt�og�ewenemip CdBer County, FloriS NOTE: All Pars wlshln0 to speak on aaendo Item must n for - group n maY be ol- �tes to speak wishing to anY ln- come a permanent part of the An po son who decid- es to appeal a decision of the Board, wlil need a. re- BROCK, no R. Allen, and ee . r 1 RESOLUTION NO. 02— 157 RELATING TO PETITION NUMBER VA- 2001 -AR -1584 FOR A 5 -FOOT VARIANCE FROM THE REQUIRED REAR YARD SETBACK OF 30 FEET TO 25 FEET FOR FOXFIRE UNIT 3, BLOCK G, LOT 32, AS RECORDED IN PLAT BOOK 13, PAGES 101 - 103, OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA. 17C WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5 -foot variance from the required 30 -foot rear yard setback to 25- feet as shown on the attached plot plan, Exhibit "A ", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heardiy 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- 2001 -AR -1584 filed by Stan Whittemore, representing T. Michael and Barbara J. Brott, with respect to the property hereinafter described as: Foxfire Unit 3, Block G, Lot 32, as recorded in Plat Book 13, Pages 101 - 103, of the Official Records of Collier County, Florida be and the same hereby is approved for a 5 —foot variance from the required rear yard setback of 30 feet to 25- feet as shown on the attached plot plan, Exhibit "A ", of the PUD Zoning District wherein said property is located, subject to the following conditions: 17C This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA- 2001 -AR -1584 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this o16 , day of Q.A�C� , 2002. T EST; WIGHT P,, BROCK, Clerk inut �iye Approved as to Form and Legal Sufficiency: Maijorie;YC Student Assistant County Attorney VA- 2001 -AR- 1584 /RG /lo COLLIER BOARD OF ZONING APPEALS • FLORIDA A-4 4-11 efimasrezo, - • I' Telephone: L" i j 597 -7428 Fax: (941) 597 -7803 , 17C LEGAL DESCRIPTION Lot 3. Z , of Block G . of that certain subdivision known as —r-OK F I R L - U N l T - 3 , as recorded in Plat book 13 page 10 - 03 of the Public records -of eo L-. t, I E R. County, Florida • . t f 1�- PC. Z w ` V oys bE N GI Rc.L E. _ r o-�- N I O 4 PC 11 B. SL F S75.00 IobE — 040 10 ` ' N a 8 w,�• - 34 -J, I ° fo,t7 0 %4 1013.r r, 471 o. a I �� .` o I N3 M N N, . I a 0 i.3 o . v ,.as I �1 ,;I 6.1 19, co V t8.4 ♦ I I -- - - IAI nl L.oT- 3 L � i3 �• K - G LEG L i.AE1 w1ALT AiC.A/I DOI AUJMMM °°NG. :.C. O ff TE ND.E.fEN1 ..wuEER Q IR� CAP P K o tar MUCROAuO w rit wn:� EAEEMMT f♦o. -FOUND 1E. O r P40NPM�E Di1.0mmmAO L:MtTALMI MaE°INUILO° M "&.AND ATE TAtr owabE NNU� scary o/ NNr .IIOT R�ONL NtD.MK °DWf i.OWOF«JRVE IL•FROFERfr 1UNK PCIWOFEQE . w pINfNdMO�dilEf•aR••o ROdo /✓ ° — 4g. — Z.j W• urdErffympwW&fon and Nd NN► PAD - sm.'EOIi TYPICAL W.. VAIN YNC. WA1JI K . f e NY•M1 E.O.P. ■End R■pod�dan N ri ■YMd. Y ml/ `'• A• K " OIEYf� RNI/ft YM JIM1%INIII YdYYpI ,..w.........,r.w ... bm w A 6 & lie t 6 fi 1.I T fanalat EN ANN DY No FbAb Bawd �yr'Opp E V S.YYOOD /RMILYPENCE YYD.. YYOOD' L T.Ol ■TaFd art of PM6Sa nWL&W SwV" mit ; GNipWNjG17Fhw AAWWWOM =TAET YY. YYEET N. MORM E.&OUTN - •.OEUAOR CENnuliwar +�c tENmN l . aENaTN aF ARC .Fwd O■eaM E O . F— �,v,.d'— Exhibit " A " � coat' pwmnm b B°oroN 4moz7 Fbrld° 8hhmw Anal "Or o"Ach ANOENT TA11O. TAtMtfln' 7faMN0 • . Ml M Pln A..■..- l.. r......d ......... COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS fow To: Clerk to the Board: Please place the following as a: x Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) 7D Originating Dept/ Div: County Attorney's Office Person: David C. Weigel, County Attorney Date: 03/07/02 Brief Description: Acceptance of Settlement of Boyer - Savard, et al v. Collier County, et al Petitioner: (Name & Address): 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.) 03/26/02 Newspaper(s) to be used: (Complete only if important): x Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): Notice is hereby given that �,uhlic frhe 11 t ��by they ,ommissianers can Tuesdart Ntar�cG flgIRolsaot `3 _..... _;.. L.,,... Tam The.'purpose of the hearing is to:;consider:the.foltowing: ons Companion petition(s), if any &proposed hearing date: 170 Does Petition Fee include advertising cost? x Yes ❑ No If Yes, what account should be charged for advertising costs: 001 - 010510- 649100 Re iewed by: C c David Weigel, County Attorney Division Head List Attachments: Date Approved by: County Administrator Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Administrator. 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 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 U E ONLY: f`�l Date Received: Date of Public hearing: a 2--- Date Advertised: .� �. 17D MEMORANDUM OF SETTLEMENT CONTINGENT UPON BOARD OF COUNTY COMMISSIONERS APPROVAL AT AN ADVERTISED PUBLIC HEARING This Memorandum of Settlement (hereinafter referred to as "Memorandum ") entered into as of this day of 12002, by and between the following parties: B.J. SAVARD- BOYER, JOHN BOYER, ROY SCHAETZEL, ELEANOR STRASSE, hereinafter referred to as "Residents "; and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (and its planning commission, the Collier County Planning Commission), hereinafter referred to as the "County "; and JOHN AND OLGA IANDIMARINO, their successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Iandimarino ". CATHERINE CAMPBELL, her successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Campbell ". WHEREAS, Campbell is the owner in fee simple of the real property described on Exhibit "A ", hereinafter referred to as the "subject property "); and WHEREAS, the Residents, the County and landimarino (as immediate prior owner of the subject property) are all parties to that certain litigation currently pending in the Circuit Court in and for Collier County, Florida in the Case #01- 1082 -CA, such action being referred to as the "Litigation "; and WHEREAS, all of the parties have negotiated in good faith in an attempt to obtain a resolution of the Litigation in a fashion that would recognize the desires of the various parties and obtain a resolution of the Litigation; and Page 1 of 5 WTI WHEREAS, the parties have resolved the outstanding issues outlined in the Litigation and have entered into this Memorandum to memorialize the agreements entered into among the parties during the mediation proceedings. WITNESSETH NOW THEREFORE, for and in consideration ofthe premises, the obligations, terms, conditions and covenants contained herein, the parties hereby agree as follows: 1. The Parties will postpone all activities concerning the Litigation pending completion of the terms of this Memorandum. 2. The Parties covenant and agree to the following as to a boat dock extension for the subject property: A twenty (20) foot boat dock extension beginning from the platted property line, all as depicted and denoted on the attached Exhibit `B" attached hereto and made a part hereof. 3. Campbell will not install, construct or operate the dock facility approved as part of BD- 2000 -20 and CCPC Resolution #2000 -29. 4. Upon approval of this Memorandum of Settlement by the Collier County Planning Commission and the Board of County Commissioners of the County the parties will file a stipulation for dismissal with prejudice of the Litigation. 5. Upon dismissal of the Litigation, each party shall execute and deliver to each other party a general release from and against any claims, actions or liability in connection with the Litigation. 6. This Agreement is binding upon the heirs, successors and personal representatives, and assigns of the parties hereto, and any party acquiring any interest in the subject property. 7. This Settlement Agreement is subject to approval by the Collier County Planning Commission at its next available meeting date and approval by the Board of County Commissioners of the County and will be considered at the next available County Commission meeting date, subject to any legal advertising requirements. However, nothing in this Settlement Agreement is intended to nor shall be interpreted to abrogate the County's police powers and authority. F:\ USERS\APP\ BOYER\MemorandumofSettlement.wpd Page 2 of 5 17D S. Each of the parties shall bear their own attorneys fees and costs. 9. The terms of this Memorandum of Settlement may be enforced by appropriate proceedings in the State Court of appropriate jurisdiction in Collier County, Florida and each party in such proceedings shall bear their own costs, expenses and fees including but not limited to reasonable attorneys fees. B. J. SAVARD- BOYER Print Name: Print e: r Su cc rC/- mr)Uee- /�vr A clY= Print Name: Print Name: C.AKQ *O-C' Print e: %`7 4 14e Y TI Title: -�— JOHN BOYER By: !3 Print Name: .jam" t Title: F:IUSERSI APPI 130YER1MemorandwnoPSettlement .wpd Page 3 of 5 Print Name: Vv Print Name: Kili •�'�f, Print Name: OdIz _ Print Narne: —1 1 ROY SCHAETZEL By: Prir Titl 17D ELEANOR STRASSER 17 By: .� Print Name: 5 /vt v e 15±1 < S �- Title: CA EitI ACIELL 2L--G' Print Name: J �3.1•++i t� Pr nt Name: Print Name: F:I USERS\APP\BOYER \MemorandumofSettlement.wpd Page 4 of 5 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: Marjo& M. Student Assistant County Attorney JAMES N. COLETTA, Chairman ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA fommuns7eph c itt, Admi strator ity Development and Environmental Services By: KENNETH L. ABERNATHY, aairman Page 5 of 5 LEGAL DESIMPTIGN D Lot 9, Block 1, Connor's Vanderbilt Beach Estates Unit 2, as described in Plat Book 3, Page 17, of the Public Records of Collier County, Florida. EXHIBIT "A" W W RIPARIAN LINE ATERWAY.. .I 1 7 RIPARMN LINE 23 19 1301 ED' CIFFSET FROM PROPERTY LINE PROPERV LINE ANII PLATTED SEAWALL LINE: .41 ... ....... lf M -1 G MANGROVES: 3.5 r. r. ;. E .S AYALL t Few (OW .. ........... :::�'Docjr,-'LAYV iipoiib,.- UT EXHIBIT "B" a 17D March 8, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Settlement Of Boyer - Savard Dear Pam: Please advertise the above referenced notice on Friday, March 15, 2002. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Joanne R. Allen, Deputy Clerk P.O. /Account # 001 - 010510- 649100 NOTICE OF PUBLI 7 D C HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 26, 2002, 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 purpose of the hearing is to consider the following: ACCEPTANCE OF SETTLEMENT IN THE CASE OF B.J. BOYER- SAVARD, ET AL, vs. COLLIER COUNTY, ET AL, CASE NO. 01- 1082 -CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT, COLLIER COUNTY, FLORIDA, RELATING TO THE EXTENSION OF A BOAT DOCK. Copies of the Memorandum of Settlement are available for inspection at the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Planning Services /Current Planning Department, telephone number 941- 403 -2400. 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. 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 COMMISISONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /JoAnne R. Allen, Deputy Clerk (SEAL) 17D Joanne R. Allen To: paperrell @naplesnews.com Subject: Settlement of Boyer - Savard Hi, Pam: Please advertise the Settlement of Boyer - Savard on Friday, March 15, 2002 as referenced on the enclosed memo. Thanks again for your help. JoAnne W W Settlement of BoyerSettlement of Boyer Savard.doc... Savard.doc... JoAnne R. Allen 3/8/2002 Deputy Clerk Minutes & Records Dept. Joanne R. Allen 170 From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 08, 2002 11:00 AM To: Joanne R. Allen Subject: Delivered: Settlement of Boyer - Savard L" 1 Settlement of Boyer - Savard <<Settlement of Boyer- Savard» Your message To: 'paperrell @naplesnews.com' Subject: Settlement of Boyer - Savard Sent: Fri, 8 Mar 2002 10:51:51 -0500 was delivered to the following recipient(s): Perrell, Pamela on Fri, 8 Mar 2002 10:59:36 -0500 JoAnne R. Allen 3/8/2002 Deputy Clerk Minutes & Records Dept. 170 � 4� Joanne R. Allen From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Friday, March 08, 2002 11:00 AM To: Joanne R. Allen Subject: Out of Office AutoReply: Settlement of Boyer - Savard I am currently out of the office until Mon., March 11 2002. If you were going to e-mail a Legal Notice, you may call /send it to Juanita at: 263 -4721; jlmoore @naplesnews.com or FAX it to (941) 263 -4703. If you need immediate assistance, call (941) 263 -4700. Thank you. PAM JoAnne R. Allen 3/8/2002 Deputy Clerk Minutes & Records Dept. Joanne R. Allen 17D To: paperrell @naplesnews.com Subject: Boyer - Savard Advertisement Hi Pam, Please advise if you have received our 3/08/02 e-mail regarding the Settlement of Boyer - Savard advertisement for Friday, March 15, 2002 classifieds. Thanks. JoAnne JoAnne R. Allen 3/11/2002 Deputy Clerk Minutes & Records Dept. Joanne R. Allen From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, March 11, 2002 12:09 PM To: Joanne R. Allen Subject: RE: Boyer - Savard Advertisement Yes, I have > - - - - - - - - - - > From: Joanne R. Allen[SMTP: Joanne .Allen @clerk.collier.fl.us] • Sent: Monday, March 11, 2002 10:09 AM • To: 'paperrell @naplesnews.com' • Subject: Boyer - Savard Advertisement > Hi Pam, • Please advise if you have received our 3/08/02 e-mail regarding the • Settlement of Boyer - Savard advertisement for Friday, March 15, 2002 • classifieds. > Thanks. JoAnne R. Allen 3/11/2002 Deputy Clerk Minutes & Records Dept. > JoAnne JoAnne R. Allen 3/11/2002 Deputy Clerk Minutes & Records Dept. 17D Naples Daily News 170 Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------- +--------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHRIS HORTON PG BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 0010105106491 �841j497 BOYER- SAVARD NOTICE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assi, tint Corporate Secretary of the Naples Daily News, a daily newspaper published et Naples, in Collier County, Florida: that the attached copy of edi-drtising was published in said newspaper on dates listed. Affiir• further says that the said Naples Daily News is a newspaper published at Naples, in said 1:nl.iier f:orjnty, Florida, and that the said newspaper has heretofore been continuously publisiied in said Collier County, Florida, each dray M; been entered as second class mail matter at the post office in Naples, in said wilier County, Florida, for a period of 1 year *,.•st publication of the attached co ^y of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any di3 "un *, -ehnte commission or refund for the purpose of securing this advertisement for publivxion in ti%e said newspaper. PUBLISN.D CW- 03/15 AD SPACt:: 111.r,00 INCH FILED ON: 03/15/02 HECEi VkU FLANGE .. - 4A a purpose of the Is to consider the TO are n at i6b P.M., Monday number All Persons speak on any e Go�unty *d- orlor to pre- limited to 5 minutes on any Item. The selection of behalf of Individual or�ization or group Is encoura If spat `son for o pup or organization may a - =10 14 minutes to speak on an Item. Persons wishing to a eludes the testimon�y and evidence upon whkh the j Appeal Is based BOARD OF COUNTY CQ_MMISISONERS C LIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROOC, Byoi/sK /JoAnne R. Alien, Deputy Clerk SF4hI No. IM167 VIM 1. public hearing. M any case, written materials in Signature of Affiant -- tended to be considered by the Board shall be sub - Sworn to and Subscribed a me this y of 20�%� molted is the apfxNnmum County stda�ffr a minimum ofrsetcvehnes Ino..Al- matere Personalty ;known by me a1 used in presentations before the Board will be- come a permanent part of otiM" Donna Chesney : the record. Any Person who decid- �y, �o MY Commission DD058338 es to appeal a decision of the Board will need a re- `of r , Expires September 11, 2005 ( card of the proceedings pertaining thereto and eludes the testimon�y and evidence upon whkh the j Appeal Is based BOARD OF COUNTY CQ_MMISISONERS C LIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROOC, Byoi/sK /JoAnne R. Alien, Deputy Clerk SF4hI No. IM167 17D MEMORANDUM OF SETTLEMENT CONTINGENT UPON BOARD OF COUNTY COMMISSIONERS APPROVAL AT AN ADVERTISED PUBLIC HEARING This Memorandum of Settlement (hereinafter referred to as "Memorandum ") entered into as of this z— day of A auc�r-� , 2002, by and between the following parties: B.J. SAVARD- BOYER, JOHN BOYER, ROY SCHAETZEL, ELEANOR STRASSE, hereinafter referred to as "Residents "; and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (and its planning commission, the Collier County Planning Commission), hereinafter referred to as the "County "; and JOHN AND OLGA IANDIMARINO, their successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Iandimarino ". CATHERINE CAMPBELL, her successors, assigns, agents, affiliates and subsidiaries and any of its grantee(s) as to the property described on Exhibit "A" herein, all hereinafter collectively referred to as "Campbell ". WHEREAS, Campbell is the owner in fee simple of the real property described on Exhibit "A ", hereinafter referred to as the "subject property "); and WHEREAS, the Residents, the County and Iandimarino (as immediate prior owner of the subject property) are all parties to that certain litigation currently pending in the Circuit Court in and for Collier County, Florida in the Case #01- 1082 -CA, such action being referred to as the "Litigation "; and WHEREAS, all of the parties have negotiated in good faith in an attempt to obtain a resolution of the Litigation in a fashion that would recognize the desires of the various parties and obtain a resolution of the Litigation; and Page 1 of 5 17D WHEREAS, the parties have resolved the outstanding issues outlined in the Litigation and have entered into this Memorandum to memorialize the agreements entered into among the parties during the mediation proceedings. WITNESSETH NOW THEREFORE, for and in consideration ofthe premises, the obligations, terms, conditions and covenants contained herein, the parties hereby agree as follows: 1. The Parties will postpone all activities concerning the Litigation pending completion of the terms of this Memorandum. 2. The Parties covenant and agree to the following as to a boat dock extension for the subject property: A twenty (20) foot boat dock extension beginning from the platted property line, all as depicted and denoted on the attached Exhibit `B" attached hereto and made a part hereof. 3. Campbell will not install, construct or operate the dock facility approved as part of BD- 2000 -20 and CCPC Resolution #2000 -29. 4. Upon approval of this Memorandum of Settlement by the Collier County Planning Commission and the Board of County Commissioners of the County the parties will file a stipulation for dismissal with prejudice of the Litigation. 5. Upon dismissal of the Litigation, each party shall execute and deliver to each other party a general release from and against any claims, actions or liability in connection with the Litigation. 6. This Agreement is binding upon the heirs, successors and personal representatives, and assigns of the parties hereto, and any party acquiring any interest in the subject property. 7. This Settlement Agreement is subject to approval by the Collier County Planning Commission at its next available meeting date and approval by the Board of County Commissioners of the County and will be considered at the next available County Commission meeting date, subject to any legal advertising requirements. However, nothing in this Settlement Agreement is intended to nor shall be interpreted to abrogate the County's police powers and authority. F:\ USERS\ APP\ BOYER\MemorandumofSettlement.wpd Page 2 of 5 17D 8. Each of the parties shall bear their own attorneys fees and costs. 9. The terms of this Memorandum of Settlement may be enforced by appropriate proceedings in the State Court of appropriate jurisdiction in Collier County, Florida and each party in such proceedings shall bear their own costs, expenses and fees including but not limited to reasonable attorneys fees. B. J. SAVARD- BOYER By: Print Name: Print e• r5---,% Su rt r Print Name: Print Name: C�¢WLI—�aec Gov t,-F,t'ta Print me:i4reL,. �n �fi:r- % F:I USERSW PPI BOYER1MemorandumofSettlement.wpd Title: -T— JOHN BOYER By: i3 Print Name: �� t Title: Page 3 of 5 Print e: ` . �t Me" t L Ir Print Name: Print Narne: ROY SCHAETZEL By Prij Tit] 17D ELEANOR STRASSER By: Print Name: a ss z Title: CAT INE C ELL i Print Name: J WFrvd �L Pr nt Name: iz I�L,� Print Name: r �� —s F:I USERS\APPI BOYER1Memorandumof5ettlement.wpd Page 4 of 5 17D ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 1 4• A Ust' as' to JAMrS N. COLETTA, Chairman Approved as to form and legal sufficiency: Mario ' M. Student Assistant County Attorney ATTEST: fseph Sc itt, Admi strator unity Development and Environmental Services COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA By: g/z KENNETH L. ABERNATHY, airman Page 5 of 5 LEGAL DESCRIPTION Lot 9, Block 1, Connor's Vanderbilt Beach Estates Unit 2, as described in Plat Book 3, Page 17, of the Public Records of Collier County, Florida. EXHIBIT "A" 17D TER WAY RIPARIAN LINE RIPARIAN" LINE 170 D' CIFFSET FROM PRf]PrRTY LINE 2 3' PR13PERTY LINE AND PLATTED SEAVALL LINE m 6,-V� 'i, s �54!T_- .,_­',.ZXISTING MANG R13VES .J. 19 ruu I F EXHIBIT "B" a