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Backup Documents 11/18/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING NOVEMBER 18, 2003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they - NOTICE OF PUBLIC MEETING serve as the Assistant Corporate Secretary of the Naples Daily, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA a daily newspaper published at Naples, in Collier County, Tuesday, November 18, 2003 Florida; distributed in Collier and Lee counties of Florida; that 9.00 A.M. the attached copy of the advertising, being a Board of Countco nmisssiionersts will meet n� he mondTuChambers er ding (BThird ni pFl F� at he Collier County Government Complex 3301 PUBLIC NOTICE East Tamiaml r%nty Florida, conduct of Collier a above *m and date. in the matter of Public Notice Copies of the agenda for said meeting will be made available to the press and be obtained at the Public Information Office, located on the First Floor of the W. Hannon Turner Building. was published in said newspaper 1 time in the issue All Interested parties are Invited to attend, to regis- on November l6th, 2003 ter to speak and to submit their objections, If any, In writinngg.� to the Board prior to the special meeting. All reolstered be limited public speakers will to five (5) minutes unless permission for additional time Is granted by the Chairman. Aff ant further says that the said Naples Daily News is a newspaper Any person who decides to appeal a decision of the Board will need a record of the proceedings per - published at Naples, in said Collier County, Florida, and that the said taining thereto, and therefore, may need to ensure newspaper has heretofore been continuously published in said Collier that a verbatim record of the rigs Is made, which record includes the tes p Irmol and evidence County, Florida; distributed in Collier and Lee counties of Florida, upon which the appeal is to be based. each day and has been entered as second class mail matter at the post Collier County Ordinance No. 98.22 requires that all office in Naples, in said Collier County, Florida, for a period of 1 lobbyists shall, before engaging In any lobbying ac- tivltles (Including, but Ilm�teed to, ear next preceding the first publication of the attached co of Y P g p copy not addressing the Board of County Commissbners) register with advertisement; and affiant further says that he has neither paid nor the Clerk to the Board at the Board Winutes and Re. promised any person, firm or corporation any discount, rebate, cords Department commission or refund for the purpose of securing this advertisement for If you are a person with a disabiliIttyy who needs any accommodation M order to participate In this pro- publication in the said newspaper. ceeding, you are entitled, at no cost to you, to the of certain assistance. Please contact the ' J lroovislon Facilities Management ced atCn 3tYFa IaAl nea � dap O 301 Et W, Naples, 34112, Si f affiant (Signature o g ) (238) 774.8380: assisted listening devices for the hearing impaired are available In the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Sworn to and subscribed before me Tom 1F�, an This 18th day of November ,2003 By' /s/ Maureen Kenyon Deputy November 16 No_ 315225 (Signature of notary public) Harriett Bushong MYCOMMISSION# DD234689 EXPIRES pa July 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC. Search Results Page 1 of 1 Description: Notice Of Meeting - NOTICE OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Tuesday, November 18, 2003 9:00 A.M. Notice is hereby given that the Collier County Board of County Commissioners will meet in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building F) at the Collier County Government Complex, 3301 East Tamiami Trail, Naples, Florida, to conduct the business of Collier County at the above stated time and date. Copies of the agenda for said meeting will be made available to the press and may be obtained at the Public Information Office, located on the First Floor of the W. Harmon Turner Building. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the special meeting. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. 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 to be based. 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman DWIGHT E. BROCK, CLERK By: /s/ Maureen Kenyon Deputy Clerk November 16 No. 315225 Location: FL Dates 11/16/2003 Source: Naples Daily News http: / /naplesnews. abracat. coml c2l publicnotices lresultslprinter.xml? &se.category.sr = sund... 11/17/2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 18, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice - Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 November 18, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Fisher, First Baptist Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and /or Adopted w /changes — 510 B. October 7, 2003 Value Adjustment Board Special Masters Meeting Approved as presented — 510 C. October 8, 2003 Value Adjustment Board Special Masters Meeting (rear half of room) Approved as presented — 510 D. October 8, 2003 Value Adjustment Board Special Masters Meeting (front half of room) Approved as presented — 510 E. October 8, 2003 Board of County Commissioners/Land Development Code Meeting Approved as presented — 5/0 2 November 18, 2003 F. October 13, 2003 Value Adjustment Board Meeting Approved as presented — 510 G. October 14, 2003 Board of County Commissioners Regular Meeting Approved as presented — 5/0 H. October 21, 2003 Board of County Commissioners /Collier County Public School Board Meeting Approved as presented — 510 I. November 3, 2003 PUD Monitoring Workshop Approved as presented — 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize Abe Skinner, Property Appraiser, for his 35 years of service and dedication to the residents of Collier County. Adopted — 510 B. Proclamation to designate the month of November as National Hospice Month. To be accepted by Diane Cox, President and CEO of Hospice for Naples. Adopted — 5/0 C. Proclamation to designate December 1, 2003 as World AIDS Day. To be accepted by Cle Tenerowicz, Anthony Racey and Karen Simander. Adopted — 5/0 D. Proclamation to designate the week of November 21 -27, 2003 as Farm City Week. To be accepted by David Santee. Adopted — 5/0 E. Proclamation to recognize Collier County Transportation Road Maintenance employees, Nancy Summers, Javier Hoyos and Raymond Arca who exceed expectations with their good deeds and examples. Adopted — 510 3 November 18, 2003 5. PRESENTATIONS A. Presentation of the Phoenix Awards by John Dunnuck, Public Services Administrator. Presented to EMS Personnel B. Recommendation to recognize Joyce Ernst, Planner, Community Development and Environmental Services Division as Employee of the Month for November 2003. Presented 6. PUBLIC PETITIONS A. Public Petition request by Mr. Gerald Burns to discuss Kensington PUD. To be brought back on a future BCC Agenda — 5/0 B. Public Petition request by Mr. Bob Stone to establish a resolution to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County in accordance with Florida Statutes 125.60 -64. To be brought back on a future BCC Agenda — 5/0 C. Public Petition request by Mr. F. Joseph McMackin III, regarding City of Naples Airport Authority, Petitioner, v. Federal Aviation Administration, Respondent, Case No. 03 -1308, United States Court of Appeals for the District of Columbia Circuit. County Attorney's office to work with Mr. Joseph McMackin's office to help file letter of endorsement — 5/0 7. BOARD OF ZONING APPEALS A. Item continued to the December 2, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2003- AR -VA- 2003 -AR -4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers Inc., requesting a variance to reduce the required tower to residential separation dictated by Section 2.6.35.6.2. from a distance of 1,750 feet to 1,060 feet. A variance is also requested from Section 2.2.2.4.3. to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. A third variance is requested for the tower to exceed the 250 foot 4 November 18, 2003 tower height limitation by 450 feet to allow a communications tower at 700 feet in height, as established in the agricultural zoning district within Section 2.6.35.6.2.3. (Companion to CU- 2003 -AR -4524) B. Item continued to the December 2, 2003 BCC Meeting. This item requires that all participants be sworn in and ex carte disclosure be provided by Commission members. CU- 2003 -AR -4524 a Resolution providing for the establishment of Conditional Use "13" in the "A" Rural Agricultural Zoning District for a communications tower pursuant to Section 2.2.2.3.13 of the Collier County Land Development Code for property located in Section 3, Township 51 south, Range 26 east, Collier County, Florida. (Companion to VA- 2003 -AR -4525) 8. ADVERTISED PUBLIC HEARINGS A. Request the Board approve an ordinance amending Chapter 110, Article II of the Collier County Code of Laws and Ordinances, which Amendment (1) except for Naples Park, prohibits the enclosure of swales within the public rights -of -way but provides guidelines to permit the enclosure of swales on a case -by -case basis, and (2) authorizes ongoing inspections of, and requires necessary improvements and repairs to, existing culverts and swale enclosures within the public rights -of -way. Ordinance 2003 -58 Adopted - 5/0 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Item continued from the October 28, 2003 BCC MeetinLy. PUDZ- 2003 -AR -3607, Jeff Davidson, PE, of Davidson Engineering Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard (CR 95 1) south of the Crystal Lake PUD, in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. Ordinance 2003 -64 Adopted — 5/0 w /changes C. Item continued from the October 28, 2003 BCC Meeting. Approve an ordinance to be known as the Advanced Broadband Infrastructure 5 November 18, 2003 Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. Ordinance 2003 -59 Adopted - 4/1 (Commissioner Henning opposed) D. Item continued from the October 28, 2003 BCC Meeting. Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $400,000; establish the job creation investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. Ordinance 2003 -60 Adopted - 4/1 (Commissioner Henning opposed) E. Item continued from the October 28, 2003 BCC Meeting. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; establish a Fee Payment Assistance Program allocating $950,000 to eligible businesses to mitigate the economic effects of increased impact fee rates. Ordinance 2003 -61 Adopted - 4/1 w /changes (Commissioner Henning opposed) F. Item continued from the October 28, 2003 BCC Meeting. Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. Ordinance 2003 -62 Adopted - 4/1 w /changes (Commissioner Henning opposed) G. Item continued from the October 28, 2003 BCC Meeting. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, 2001 -13, as amended, by establishing a deferral program for the Immokalee Area to reduce the economic effects of increased impact fee rates. Ordinance 2003 -63 Adopted - 510 w /changes 9. BOARD OF COUNTY COMMISSIONERS A. Item continued from the October 28, 2003 BCC Meeting. Impact fee credits for existing building or structures. (Commissioner Henning) Discussed; To be brought back at a future BCC Meeting 6 November 18, 2003 B. Appointment of members to the Black Affairs Advisory Board. Resolution 2003 -415 Appointing Antoine L. Washington and Eloy Ricardo — Adopted 510 C. Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2003 -416 Re- appointing Carol Wright and appointing William Llewellyn Schmidt — Adopted 5/0 D. Recommendation of adopting a resolution to dissolve the Health and Human Services Advisory Committee due to meeting goals and objectives set forth by the Board of County Commissioners and to provide a final report of activities of the committee. (Commissioner Coletta) Resolution 2003 -417 — Adopted 5/0 10. COUNTY MANAGER'S REPORT A. Approve the settlement in the lawsuit entitled Collier County v. WCI Communities, Inc., to allow construction of the Vanderbilt Beach parking garage. (John Dunnuck, Public Services Administrator.) Approved — 5/0 B. Approve a purchase agreement for $635,000 and accept a warranty deed for land located within the area known as the Gateway Triangle for the purpose of stormwater retention, contingent upon an environmental audit suggesting only minimal concerns (or none at all) and give staff direction and approval with regard to future purchases for this project. (Norman Feder, Transportation Services Administrator.) Approved — 510; Staff to approach CRA regarding future purchases on stormwater projects and to get help with funding through TIF funds from local advisory board Continued to December 2, 2003 BCC Meeting C. To obtain Board approval to award RFP #03 -3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Norman Feder, Transportation Services Administrator.) D. Presentation of Collier County's 2003 -2004 Legislative Priorities Program. (Beth Walsh, Assistant to the County Manager) 7 November 18, 2003 Issue 1 — Approved w /inclusion of Social Security # and Driver's License # - 5/0; Issues 2 -11— Approved 5/0 Withdrawn E. Adopt a resolution authorizing condemnation of temporary easement interests required for the construction of a six -lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 95 1) (Capital Improvement Element Nos. 24 and 63, Project No. 63051). Estimated fiscal impact: $665,900. (Norman Feder, Transportation Services Administrator) Moved from Item #16A10 — then Withdrawn F. Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. -at the Lake Trafford Marina and adjacent park from Noon to 5 p.m. Moved from Item #16B6 G. Approve Change Order No. 1 in the amount of $3,830,285.95 to Apac- Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Bid No. 02 -3419) Approved — 4/1 (Commissioner Coyle opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Jim Kramer on politics 12. COUNTY ATTORNEY'S REPORT A. Approval of settlement agreement and mutual release between Collier County, Texas Industries, N.V., and Collier Cultural and Educational Center in reference to Case No. 01 -45 71- CA -HDH that is now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. Approved w /changes — 510 B. Approval of Resolution No. 2003- which authorizes the expenditure by the Hispanic Affairs Advisory Board of funds in an amount less than $60.00 for a recognition plaque to be awarded to the "Hispanic Affairs Advisory Board Citizen of the Year ". Motion to deny request — Approved 510 8 November 18, 2003 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager discussed December 2 BCC Meeting Agenda, 2nd day being December 3rd (9:00 Time Certain - Coconilla) B. Beach Renourishment letter (Naples City Council — Mayor MacKenzie) C. Fleishmann Land Acquisition Letter D. Collier County Delegation Meeting November 26, 2003 E. Commissioner Halas tour of North Naples Wastewater Facility F. Commissioner Coyle met w/Naples City Council and they are interested on the final report results on the Overpass G. Commissioner Henning concerned by the City of Naples views on the County's Bed -Tax Issue and a need for partnering with each other H. Request by City of Naples to have a workshop (Set for early January 2004) 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 w /changes — 510 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Item continued from the October 28, 2003 BCC Meeting. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Links at the Strand ". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003 -383 - w /release of maintenance security 2) Authorization for the Environmental Services Staff to approve off site relocation of gopher tortoises for Horse Creek Estates (formally known as Little Palm Island) prior to final plat approval. 3) Execute the Participating Party Agreement (PPA) with the Florida Agricultural Products, Inc., to occupy the Immokalee Airport 9 November 18, 2003 Manufacturing Facility II and comply with the State of Florida Small Cities Community Development Block Grant (CDBG) Agreement and approve budget amendments in the amount of $21,000 to allocate funding for leasehold improvements to accommodate the tenant needs. 4) Board of County Commissioners adopt resolution as recommended by the Collier County Water and Wastewater Authority to support continued inclusion of Local- Sources -First policy contained in Chapter 373, Florida Statutes, and oppose any amendment to Florida's Water Resource Policy which will allow, encourage or promote water transfers from one geographic area into other geographic areas. Resolution 2003 -384 5) Request to approve for recording the final plat of "McCarty Subdivision" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations 6) Lien Resolutions -Code Enforcement Case Numbers: 2003051172/Barbara L. Galloway; 2003050814/Norman Snellings; 2003080456 /Dominguez, et al, John R.; 2002120967/Lewis Tr., Evelyn G; 2003080900/Hull, Richard and Rosana; 2003080900/Hull, Richard and Rosana; 2003070998/Silver Trs., Stuart; 2003050760 /Dominguez, et al, John R.; 2002120283/Gray, Est., Charlie Mae; 2003010033 /Ramirez, Licimaco; 2003050823Buitrago, Alvaro; 2003070388/Patton, Lorraine and Ellison, Nicole; 2003060309 /Caspain Builders, LLC; 2003080928/Wilkinson- Meffert Construction Co., 2003070373 /Wilkinson - Meffert Construction Co; 2003070376 /Wilkinson - Meffert Construction Co; 2003070375 /Wilkinson - Meffert Construction Co; 2003070378 /Wilkinson - Meffert Construction Co; 2003040809 /Montclair Fairway Estates Bldg, Corp; 2003060185 /Fenton, Bonnie; 2003060304/Avila, Filomeno and Maria; 2003070439 /Wisniewski, Leonard; 2003070528 /Schumacher, Hermann; and 2003050827 /LaRue, Claude. Resolution 2003 -385 thru Resolution 2003 -409 10 November 18, 2003 7) Approval of the mortgage and promissory note granting a two hundred thousand ($200,000) dollar loan to Creative Choice Homes XIV, Ltd., through the Affordable Housing Rental Development Assistance Program. -to enhance the development of workforce housing 8) That the Board of County Commissioners authorize the Engineering Services Department to petition the South Florida Water Management District to delegate a portion of the Environmental Resources Permitting Program. - for responsibilities including: the Management and Storage of Surface Waters permit programs (under subsections 373.414(11)- (16) 9) Petition CARNY- 2003 -AR -5015, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Church, requesting permit to conduct a carnival from November 26 through November 30, 2003, on the church property located at 207 South 91h Street in Immokalee. Carnival Permit 2003 -06 Moved to Item #10F 10) Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. -at the Lake Trafford Marina and adjacent park from Noon to 5 p.m. 11) Board of County Commissioners to provide direction to staff to amend the redevelopment plan applicable to the Immokalee Community Redevelopment Area (CRA) to authorize the use of the specified tax increment financing funds for the Immokalee Residential Impact Fee Deferral Program, Fee Payment Assistance Program, or Property Tax Stimulus Program, as a partial funding source for the programs as recommended by the Immokalee Community Redevelopment Advisory Board and the Community Redevelopment Agency. -as detailed in the Executive Summary B. TRANSPORTATION SERVICES 11 November 18, 2003 1) Item continued from the October 28, 2003 BCC Meeting. Request the Board approve a resolution implementing certain procedures and guidelines to standardize Traffic Impact Studies (TIS). Resolution 2003 -410 2) Request the Board approve a resolution to amend the Construction Standards Handbook for work within the public rights -of -way, by (1) permitting only one driveway access for lots having frontage of less than 100 feet, subject to case -by -case review of requests for deviation from this policy, and (2) eliminating the requirement for securing a permit to perform turf maintenance in public rights -of -way. Resolution 2003 -411 3) Approve a resolution to allow the Chairman of the Board of County Commissioners to enter into a joint project agreement (JPA) with the Florida Department of Transportation (FDOT) to provide for the construction of Phase Two of the countywide Advanced Traffic Management System by Collier County. Resolution 2003 -412 4) This item has been deleted. 5) Authorization to increase Collier Area Transit monthly bus pass fare and establish an express daily fare and monthly premium bus pass. Moved to Item #10G 6) Approve Change Order No. 1 in the amount of $3,830,285.95 to Apac - Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Bid No. 02 -3419) 7) This item has been deleted. 8) Board approval to utilize Transit Enhancement Funds (313) to purchase four new transit buses under State Contract Number FVPP- 02-MD, trolley decal wraps and necessary equipment (in the estimated amount of $547,248). -from Transit Plus, Inc. 12 November 18, 2003 9) Board approval of Adopt -A -Road Program Agreements at the Board of County Commissioners meeting on November 18, 2003. C. PUBLIC UTILITIES 1) Approve a work order amendment, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Work Order HM- FT- 02 -07, Hideaway Beach Renourishment Design, Project 90502, for an additional $1,262.50 - Amendment #1 2) Authorize a work order to Professional Service Industries (PSI) under Contract No. 03 -3427 ( "Environmental Engineering, Remediation and Restoration Services for Collier County ") for design services for the improvements to the Naples Landfill Household Hazardous Waste Center, truck scales, scalehouse and County landfill operations center in the amount not to exceed $125,000. -Work Order #552 -G3158 3) Award Bid #03 -3566 to Atlantic Truck Center and approve budget amendment for the purchase of one replacement roll -off truck in the amount of $98,285.00. -to ensure effective and efficient operation of Solid Waste Management Department recycling center operation 4) Waive formal competition for the purchase of 200 remote transmitting units and standardize the acquisition of radio telemetry for wastewater pumping stations on data flow systems, in the amount of $1,333,307 for Project 73922. - w/DataFlow Systems 5) Award a contract to Douglas N. Higgins, Inc. for construction of the Reuse Water System Service Connections, Phase 2, Bid 03 -3560, Project No. 74020, in the amount of $577,000. 6) Approve the purchase of a 6.66 -acre site on 9th Street SW, Naples, Florida, located adjacent and contiguous to the Raw Water Booster Pumping Station at a cost not to exceed $198,985 (Project 71008). 13 November 18, 2003 -from Marvin and Beverly Mielke (Tract 136, Unit No. 9, Golden Gate Estates) 7) Accept and authorize the Chairman to execute a grant agreement from the South Florida Water Management District in the amount of $100,000 for the Manatee Road Four New Potable Water Aquifer Storage and Recovery (ASR) Wells System, Project 70157. - (SFWMD Contract No. DG040634) 8) Amend Work Order CDM- FT -02 -5 with Camp Dresser McKee for professional engineering services for the Manatee Road Four New Potable Water Aquifer Storage and Recovery Wells Project, Contract 00 -3119, in the amount of $383,310, Project No. 70157. - Amendment #1 9) Pursuit of legislative support for wastewater and storm water grants under the Florida Water Quality Improvement and Water Restoration Grant Program. D. PUBLIC SERVICES Continued to December 2, 2003 BCC Meeting 1) Authorize the expenditure of budgeted funds for the development of Best Friend Park. - Source of funds are ad valorem taxes 2) Award contract for RFP 03 -3463 "Parks and Recreation Management Software" to Class Software Solutions in the amount of $72,337.50. - Tracking system software 3) Approval of a Certificate of Public Convenience and necessity for the Collier County Emergency Medical Services Department. - Renewal for the Year 2004 4) Recommend that the Chairman sign an agreement with the Agency for Health Care Administration that would authorize the use of $164,280 from the FY '04 Human Services Department budget to be considered part of a local match requirement to obtain State and Federal funding to operate a primary care clinic in the Greater Naples community. 14 November 18, 2003 -to continue to operate the Horizon's Primary Care Clinic located at 5262 Golden Gate Parkway 5) Authorize a budget amendment recognizing Community Development Block Grant revenue in the amount of $684 for the Human Services Department to provide prescription medications to low income residents in Immokalee. 6) Approve the purchase of a Telestaff Automated Staffing System from Principal Decision Systems International (PDSI) in the amount of $38,790 to be purchased with the State of Florida 100% grant funds. -to be used by the EMS Department E. ADMINISTRATIVE SERVICES 1) Approve extension of Contract 02 -3345 Annual Contract for Underground Utility Contracting Services. -until February 29, 2004 or until a new contract is awarded, whichever is sooner 2) Approve extension of Contract 02 -3359 Annual Contract for Telemetry Service. -until February 29, 2004 or until a new contract is awarded, whichever is sooner 3) Request approval from the Board of County Commissioners to provide funds from operating budgets for high speed internet service for select management staff who require access to County data resources from their homes. -to provide funding for staff to utilize broadband capabilities to access county data resources by way of VPN 4) Recommendation to award Bid No. 04 -3574, Appraisal Services for GAC Land Trust. (Estimated value not to exceed $5,000.00) -to The Appraisal Shoppe, Inc. 5) Approve and authorize the execution of a partial release of easement for a portion of that certain temporary beach restoration easement recorded in Official Records Book 2066, Pages 917 -920. The total 15 November 18, 2003 cost of this request will not exceed $10.50. 6) Recommendation to award RFP No. 03 -3555, Bi- Weekly 30- Minutes News Magazine Television Show (estimated value $60,000.00). -to the Naples Studio 7) Recommendation to award Bid No. 03 -3563, Communications Services. (Estimated value $50,000.00) -to Aztek Communications and Kent Technologies as primary and secondary vendors 8) Recommendation to approve Cigna Dental Plan as the provider of group dental insurance coverage. -due to its cost savings, the ability to meet or exceed current coverage offered, the ability to avoid the problem of balance billing to employees if participating dentists are used, and due to the ability to offer an orthodontia discount not currently available; Plan effective January 1, 2004 9) Recommendation to declare certain County -owned property as surplus and authorize a sale of the surplus property on December 13, 2003. -as detailed in the Executive Summary 10) Report and ratify staff - approved change orders and changes to work orders to Board approved contracts. -for the period beginning on or about October 1, 2003 through October 31, 2003 11) Approve a budget amendment in the amount of $94,893 to execute Change Order No. 1 increasing Contract No. 02 -3377 with Brooks and Freund, LLC, for the construction of the North Naples Government Service Center. - located on the Library Headquarters site on Orange Blossom Drive 12) Approve selection committee ranking of firms for contract negotiations for RFP 03 -3549, "Consultant Services for Developing a Public Land Survey Section (PLSS) base layer for the County's Geographic Information System (GIS)." (Estimated dollar amount of contract is $250,000.) 16 November 18, 2003 -with Johnson Engineering, Inc., WilsonMiller, and Coastal Engineering Consultants, Inc. F. COUNTY MANAGER 1) Approve Agreement #04HM- 9- 09 -21 -15 -001 between the State of Florida, Department of Community Affairs and Collier County in the amount of $83,640 (75% State /25% Local) to provide wind protection to eight (8) public safety facilities as specified in Collier County's local mitigation strategy and approve a budget amendment to recognize and appropriate revenue. -for 7 Fire Stations and the County's Helicopter Operations Hanger G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala's request for approval for payment to attend the Lake Trafford Lives On event. -on Sunday, November 16, 2003 from Noon to 5 P.M., in the amount $25.00 to interact with constituents 2) Commissioner Halas' request for approval for payment to attend the Lake Trafford Lives On event. -on Sunday, November 16, 2003 from Noon to 5 P.M., in the amount $25.00 to support program and interact with constituents 3) Commissioner Coletta's request for approval for payment to attend the Lake Trafford Lives On event. -on Sunday, November 16, 2003 from Noon to 5 P.M., in the amount $25.00 to support program and interact with constituents I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 17 November 18, 2003 1) Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders for non- project funds and for unexpended budget for project funds at the end of fiscal year 2003. -as detailed in the Executive Summary 2) Request that the Board of County Commissioners approve a budget amendment for Wireless 911 expense related to GIS mapping and 911 data base in the amount of $53,000. 3) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. -for the period October 18, 2003 through November 14, 2003 K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 130 in the lawsuit styled Collier County v. David J. Frye, et al, Golden Gate Parkway Project No. 60027. - $16,500.00 to be paid to Respondents, David I and Dorothy W. Frey and $500.00 for planning fees, as detailed in the Executive Summary 2) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 132 in the lawsuit styled Collier County v. David J. Frye, et al, Golden Gate Parkway Project No. 60027. - $12,500.00 to be paid to Respondent, Gerald r. Frey, Trustee of the Gerald R. Frey Trust and $500.00 for planning fees 3) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 120 in the lawsuit styled Collier County v. Calusa Pines Golf Club LLC, et al, Case No. 02- 5140 -CA (Immokalee Road, Project No. 60018). - $642,500.00 to be paid to Respondents in full settlement of all 18 November 18, 2003 claims, excluding experts' fees and costs; Petitioner shall also pay the additional sum of $51,645.00 4) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 112 in the lawsuit styled Collier County v. Norma E. Banas, et al, Case No. 02- 5137 -CA (Immokalee Road, Project No. 60018). - $241,000.00 to be paid to Respondents in full settlement of all claims, excluding experts' fees and costs; Petitioner shall also pay the additional sum of $29,040.00 as statutory attorney fees; Collier County to pay an additional amount of $130,290.00 equaling the balance of full compensation and attorney fees 5) This item has been deleted. 6) Recommend that the Board consider ratifying a settlement agreement in the case of Emerald Lakes Residents' Association v. Collier County, Case No. 02- 2364 -CA. 7) Approve the settlement agreement relative to a code enforcement lien imposed on property located on 1020 DeSoto Boulevard, Naples, Florida, and upon transfer of property to Collier County, authorize the execution and recording of a release of lien. -as detailed in the Executive Summary 8) Approve the mediated settlement as to Parcel 125, 702, 703, 825A and 825B in the lawsuit entitled Collier County v. Edith G. Street, et al, (Goodlette -Frank Road Project 60134). Total cost of $346,250. -as detailed in the Executive Summary 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 19 November 18, 2003 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. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR -2003- AR -4055, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 12th Avenue Northwest to Bur Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2003 -413 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR -2003- AR -4058, Peter Goodin, representing Oakes Estates Advisory Inc., requesting a street name change from 10th Avenue Northwest to English Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2003 -414 Continued to December 2, 2003 BCC Meeting C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2003 -AR -3906 St. Paul's Antiochian Orthodox Church, requesting Conditional Uses 7, 11 and 16 in the "A" Rural Agricultural with Mobile Home Overlay (A -MHO) Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship, a child day care center and an assisted living facility on 8.3+ acres located on the west side of River Road, abutting the south side of Immokalee Road in Section 30, Township 48 south, Range 27 east, Collier County, Florida. D. To adopt a resolution approving amendments to the Fiscal Year 2002 -03 Adopted Budget. BAR - 2003 -04 18. ADJOURN 20 November 18, 2003 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 21 November 18, 2003 2 A. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 18, 2003 Continue Item 10C to December 2 2003 BCC meeting: To obtain Board approval to award RFP #03 -3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Staff request.) Withdraw Item 10E: Adopt a resolution authorizing condemnation of temporary easement interests required for the construction of a six -lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951) (Capital Improvement Element Nos. 24 and 63, Project No. 63051). Estimated fiscal impact: $665,900. (Staff request.) Move 16(A)10 to 10F: Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. (Commissioner Coyle request.) Move 16(B)6 to 10G: Approve Change Order No. 1 in the amount of $3,830,285.95 to Apac - Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Bid No. 02 -3419) (Commissioner Halas request.) Continue Item 16(D)1 to December 2 2003 BCC meeting. Authorize the expenditure of budgeted funds for the development of Best Friend Park. (Staff request.) Item 16(K)8: The fiscal impact statement should include the following sentence: "In addition, County will incur closing costs, including title insurance, not to exceed $3,000. (Staff request.) Item 17B: Should read " . . . English Oaks Lane" (rather than English Oaks "Lake "). Continue Item 17C to December 2 2003 BCC meeting. CU- 2003 -AR -3906 St. Paul's Antiochian Orthodox Church, requesting Conditional Uses 7, 11 and 16 in the "A" Rural Agricultural with Mobile Home Overlay (A -MHO) Zoning District per LDC Section 2.2.2.3.7, to allow a church /place of worship, a child day care center and an assisted living facility on 8.3+ acres located on the west side of River Road, abutting the south side of Immokalee Road in Section 30, Township 48 south, Range 27 east, Collier County, Florida. (Staff request.) PROCLAMATION 4A WHEREAS: Abe Skinner has worked in the Collier County Property Appraiser's office since 1962; and, WHEREAS: he was appointed to the elected position of Collier County Property Appraiser in 1991 by the then Democratic Governor, Lawton Chiles; and, WHEREAS: he serves as the third Property Appraiser to have held this position since Collier County was founded in 1927, and, WHEREAS: during his tenure he has continually advanced the proficiency of the office by upgrading systems to the latest and most efficient computer applications, and, WHEREAS: he has brought Collier County into the 21' century by developing a state; of h , t geographic information system i (6I5) that i Z �n rr d'; ittzP ��nment agencies as well WHEREAS: A[ hr 000 a recogn44d member oft " DONE AND ORDERED THIS l th Day of November 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COON FLORIDA TOM HENNIN6, ATTEST• PROCLAMATION NATIONAL HOSPICE MONTH - NOVEMBER 2003 25TH ANNIVERSARY OF PROMOTING HOSPICE AWARENESS WHEREAS, November 20103 mocks the Zr anniversary of National Hospice Month; and, WHEREAS, lost year approximately 885, 01010 terminally ill patients and their families received care from the 3, 2010 hospice programs in communities throughout the United States; and, WHEREAS, thousands of citizens of Collier County have received medical services, pain and symptom control, and emotional and spiritual support from Hospice of Naples over the course of its 20 -year history; and, WHEREAS, hospice care allows patients to live in dignity, be treated with respect, be surrounded and supported by loved ones, familiar friends and committed caregivers; and, WHEREAS, Hospice of benefits o WHEREAS, of WHEREAS, family %.00 WHEREAS, that and clef y - ,provr4* NOW THEREFORE, be it pro County, Florida, of Collier County of the rnce planning; and, volunteers - counselors, 7 the wishes na oe mavemenr care marina the illness and in the essential Pcial status, and with the utmost County Commissioners of Collier "ber be designated as NATIONAL HOSPICE MONTH DONE AND ORDERED THIS le day of November, 20103. ATTEST: 1 BOARD 0 f COUNTY COMMISSIONERS COLLIE OUNTY, FLORIDA TOM HENNIN6, CHAIRM Al 11 PROCLAMA TION 4C WHEREAS, the global epidemic of HIV infection and AIDS requires o worldwide effort to increase communication, education and united action to stop the spread of HIV /AIDS; and, WHEREAS, MAIDS estimates that over 37 million adults and 3 million children are currently living with HIV /AIDS, with young people under the age of 25 accounting for more than half of all new infections; and, WHEREAS, the American Association for World Health is encouraging a better understanding of the challenge of HMAIDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS in the United States continues to increase, with 900, 0010 people in the U. S. now infected; and, WHEREAS, Collier County has 846 AIDS cases reported (as of July 31, 2003); on and observances, designed !� � HIV /AIDS as g/ob�t!fi�rf /% activities and prngramts,- and;, further spread of HIV /AIDS. _10 drke part in activities +arses and understanding of ir*f in HIV /AIDS prevention local effort to prevent the DONE AND ORDERED THIS 18th Day of November, 2003. ATTEST:• '�' ' 19.9 006. BOARD OF COUNTY COLLIER AD&Nm / TOM HENNIN6, PROCLAMATION WHEREAS, November 21 -27 is National Farm -City Week, a time set aside to recognize and honor the contributions of our country's agriculturalists and to strengthen the bond between urban and rural citizens; and, WHEREAS, in Collier County the highpoint of Farm -City Week is the annual Farm -City Barbecue, sponsored by Collier County's University Extension and a committee of volunteers. WHEREAS, agriculture is an important element in Collier County's economic machine, with total economic activity of over $300 million annually; and, WHEREAS, 221/6 of Collier County is utilized for agriculture, providing vital ecological benefits, inply l� hgbitat for wildlife and recharge area for ourf+e"I. WHEREAS, the WHEREAS, NOW THERE COUNTY COlV County, great cr agriculturalists, ATTEST: local with the contributions our food Collier tv's DONE AND ORDERED THIS 18th day of November, 2003. DWI T C. BROCK, CL K BOARD OF COUNTY COMMISSIONERS COLLIER ,iCOUNTiYi, FLORIDA TOM HENNING, C AN PROCLAMATION "t E Whereas, Road Maintenance Department crews by the nature of their duties working along Collier County roadways find themselves near motorists in distress and in an effort to exceed customer expectations offer assistance; and, Whereas, on Thursday, September 25, 20103 one such crew was on Livingston Road just north of Pine Ridge Road when a car carrying an expectant mother and the pregnant woman's mother blew a tire; and, Whereas, the crew consisting of Nancy Summers, Javier Hoyos and Raymond Arco was able to exceed expectations and provide excellent customer service by changing the flat tire in a rain storm allowing for the contincyed safe passage of the pregnant woman and her mother; and, Whereas, the mother of the pregnant woman, insisting on remaining anonymous, contacted the Collier County Commissioners to alert them of the employees' good deed and sincere appreciation for the crews' compassion and assistance in a time of need wanted to make certain the employees were recognized; and A Yz- Whereas, Whereas, Whereas, NOW, these employees requirements to ea the i DONE AND ORDERED THIS 18th Day of November 2003. A,!:�4A OWI6HT E. BROCK, CLERK beyond their job a residents; and, the employees 'Ftration and � outstanding enance staff ff who work to others in fiissioners of Collier rs and Raymond Arca nples of employees who ,-s on a daily basis and offer this proclamation BOARD Of COUNTY COMMISSIONERS COLLIER ,'OUNTY,AFLORIDA TOM HENNIN6, 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: (Display Adv., location, etc.) Originating Dept/ Div: Transportation Operations Department Person: Mitch Riley Date: 10/15/03 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.) 11/18/03 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): REQUEST THE BOARD APPROVE AN ORDINANCE AMENDING CHAPTER 110, ARTICLE 11 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN THE PUBLIC RIGHTS -OF -WAY BUT PROVIDES GUIDELINES TO PERMIT THE ENCLOSURE OF SWALES ON A CASE -BY -CASE BASIS, AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES NECESSARY IMPROVEMENTS AND REPAIRS TO, EXISTING CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC RIGHTS -OF -WAY. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes X No If Yes, what account should be charged for advertising costs: 101 - 163640 Reviewed by: Director. Date by: f wey�&L Di si Administrator or Designee Date! List tachments: Proposed Ordinance (already approved for legal sufficiency) Exhibit "A" 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 rcview, or request for same, is submitted to County Attorney before submitting to County Manager. The Manageris office will distribute copies: X County Manager agenda file: to X Requesting Division Clerk's Office X Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 107-616-23 b Date of Public hearing: 1& 8 =,3— Date Advertised:' I3 ORDINANCE NO. 2003- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE II OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN THE PUBLIC RIGHTS- OF-WAY BUT PROVIDES GUIDELINES TO PERMIT THE ENCLOSURE OF SWALES ON A CASE -BY -CASE BASIS, AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES NECESSARY REPAIRS AND IMPROVEMENTS TO, EXISTING CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC RIGHT -OF -WAY; PROVIDES FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, the current practice of permitting the enclosure of swales within the Public Rights -of -Way is detrimental to the efficient detention of storm water runoff and to the recharge of groundwater; and WHEREAS, the Transportation Services Division has received numerous requests to enclose swales within the Public Rights -of -Way; and WHEREAS, the Board of County Commissioners of Collier County, Florida does hereby find and determine that it is in the public interest and the health, safety and welfare of its citizens (1) to generally prohibit the enclosure of swales within the Public Rights -of -Way, (2) to allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines, (3) to allow for the ongoing inspection o f e xisting c ulverts and s wale e nclosures w ithin t he P ublic R ights -of- Way, and (4) to require necessary repairs and improvements to existing culverts and swale enclosures within the Public Rights -of -Way; and WHEREAS, Ordinance No. 1998 -1, known as the "Collier County Swale /Culvert Ordinance Naples Park," already regulates the issue of swale enclosures within the area known as Naples Park; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 2003- 37, also cited as Chapter 110, Article II of the Collier County Code and Ordinances, which Ordinance, among other things, concerns the regulation of private construction in the Public Rights - of -Way, and WHEREAS, the Board of County Commissioners of Collier County desires to amend Ordinance No. 2003 -37 as follows: (1) except as specifically set forth in Ordinance. No. 1998 -1, to prohibit the enclosure of swales within the Public Rights -of -Way, but to allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines; and (2) to authorize the ongoing inspection of, and to require necessary improvements and repairs to, existing culverts and swale enclosures within the Public Rights -of -Way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENT. 1. The following new section is hereby added to Chapter 110 of the Collier County Code and Ordinances: Sec. 110 -30. Enclosure of Swales. Except as specifically set forth in the "Collier County Swale /Culvert Ordinance Naples Park," set forth below in Sec 110 -41 et seq., the enclosure of swales within the Public Rights -of -Way is hereby prohibited The Transportation Administrator or his designee is authorized to review and approve deviations from this policy when documented by substantial competent evidence in accordance with the guidelines set forth in the handbook I n addition, the Transportation Administrator or his designee will continually inspect existing culverts and swale enclosures within the Public Rights -of -Way to ascertain their condition and their effect on the roadside drainage system and will require any necessary repairs and improvements to existing culverts and swale enclosures located within the Public Rights-of-Way. 2. The "Construction Standards Handbook for Work Within the Public Rights -of -Way, Collier County, Florida," adopted by Collier County Ordinance No. 2003 -37, is hereby amended by adding as Appendix C to the handbook the "Collier County Transportation Services Division Right- of-Way Permitting and Inspection Section Criteria For Enclosure of Swales in the Right -of- Way," set forth in Exhibit "A" to this Ordinance. 3. The following Sections of the Collier County Code and Ordinances are hereby renumbered as follows: Current Sec. 110 -30. Permits., is hereby renumbered to Sec. 110 –31. Permits. Current Sec. 110 -31. Removal of offending material., is hereby renumbered to Sec. 110 -32. Removal of offending material. Current Sec. 110 -32. Rule of construction of this article., is hereby renumbered to Sec. 110 -33. Rule of construction of this article. Current Sec. 110 -33. Conflict and severability., is hereby renumbered to Sec. 110 -34. Conflict and severability. Current Sec. 110 -34. Penalties., is hereby renumbered to Sec. 110 -35. Penalties. Current Secs. 110 -35- 110 -40. Reserved., are hereby renumbered Sec. 110 -36 -- 110 -40. Reserved. Except as renumbered, these sections remain otherwise unchanged. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 8A The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: 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 ATTEST: DWIGHT E. BROCK, Clerk I: Deputy Clerk 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman A Exhibit "A" Criteria for Enclosure of Swales in the Ri hts -of -way It is not normally desirable to replace an open grassed swale within a County right -of -way or easement with an enclosed storm drain pipe. Enclosing a swale can reduce stormwater storage volume and stormwater quality treatment capacity. However, it is understood that extenuating circumstances can occur that would make an�lenclosed system more desirable for health and safety considerations. For those instances where County staff, in responsible charge of making the decisions for swale enclosures, determine that there are sufficient circumstances to justify enclosing an existing swale or ditch, an application for a Right -of -Way Use Permit must be filed with the County. In order for the County to consider issuance of a permit for a swale enclosure, the following criteria must be met: 1. An existing conditions survey and a calculation of the existing cross - sectional swale area shall be provided. A pre and post enclosure evaluation shall be performed to demonstrate that post - enclosure volume is equal to or greater than pre - enclosure volume. A cross section and profile of the existing swale to be enclosed together with bottom a nd t op w idth, s ide s lopes, a nd d epth s hall b e p repared and p rovided b y a Florida registered professional engineer. If original design information is available, regardless of the existing condition, the required enclosure volume shall be based on the original swale design geometry and not the existing condition 2. Any existing water quality pre- treatment has to be compensated either within the right -of -way or in the property, and it has to be in a dry detention area, at least 1' above the high seasonal water table (hswt). The detention area has to collect the runoff from the adjacent pavement that came to the existing swale. Plan and section views depicting an adequate proposed project grading plan which conveys roadway runoff from the edge of pavement into the dry detention area shall be provided. Grading plans must take into account the thickness of sod, typically 4 ", so as not to create a "step up" leaving a "bird bath" or ponding condition at the edge of pavement. An outlet with a 3" bleeddown orifice (Invert at hswt) shall be provided in the detention area. If the desired plan is to provide a shallow swale for water quality underlain by a storm drain pipe for water quantity, adequate inlets must be provided to the storm drain pipe. Within the urban portion of the County where the affected lot width is less than 100 feet, inlet spacing will be a minimum of one inlet between each driveway. Where lot widths are greater than 100 feet, or in the non -urban portions of the County, inlets shall be located between each driveway with additional inlets as needed to ensure that inlet spacing does not exceed 100 feet. The plans shall show a clearly d efined w ay t o get t he s tormwater f rom t he d ry d etention a rea back t o t he enclosed swale. 3. Any existing water quantity that flows through the swale shall be compensated in a pipe with the capacity to handle that volume. Pipe size calculations indicating the equivalent, compensating volume proposed shall be provided. The minimum pipe size is 18 inches or equivalent. 4. Invert elevations of proposed and existing adjacent pipes, along with direction of flow shall be identified. Also adequate pipe coverage as per manufacturers Page 1 of 2 recommendations f or H S -20 loading shall be identified. F or swale enclosures, the allowable pipe materials are steel reinforced concrete, aluminum, high density polyethylene (HDPE) and polyvinylchloride (PVC). Pipes must have a smooth interior wall and meet Florida Department of Transportation approved criteria. Steel pipe material is not acceptable. 5. The relationship between the normal seasonal high water table elevation, the bottom of the ditch, the invert of the proposed culvert, existing outfall invert (if possible), and typical direction of flow shall be`:shown. An actual normal seasonal high water table elevation should be called out on the proposed plan. 6. If a control structure is located downstream of the system proposed to be enclosed, enclosure will be prohibited unless it can be shown that such enclosure will not adversely affect the water quality requirements set forth in the SFWMD Permit for the control structure. 7. Because of potential larger pipe sizes required to adequately convey the existing storm water runoff, minimum cover requirements may place the proposed pipe invert below the normal seasonal high water table elevation. No credit shall be given for any proposed storage volume provided below the water table. 8. The use of slotted pipe in rock trenches lined with geotextile fabric may be acceptable in certain locations for water quantity storage where stormwater quality pretreatment is provided and there is clearly insufficient land surface to provide the required dry detention volume. The use of slotted pipe in rock trenches lined with geotextile fabric is also allowable where previously permitted by the County or a State or Federal agency. 9. All permits for swale or ditch enclosures shall contain explicit requirements for the property owner, successors or assigns to maintain the enclosure. Page 2 of 2 October 20, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING CHAPTER 110, ATRICLE II Dear Georgia: Please advertise the above referenced notice on Friday, November 7, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda Houtzer, Clerk P.O. /Account # 101 - 163640 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on November 18, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE II OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN THE PUBLIC RIGHTS -OF -WAY BUT PROVIDES GUIDELINES TO PERMIT THE ENCLOSURE OF SWALES ON A CASE -BY -CASE BASIS, AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES NECESSARY REPAIRS AND IMPROVEMENTS TO, EXISTING CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC RIGHTS- OF -WAYy PROVIDES FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES] AND PROVIDES FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk 0 Linda A. Houtzer To: Paquette, Georgia Subject: Ordinance Amending Chapter 110, Article II Hi Georgia Please publish the attached notice on Friday, November 7, 2003. Thanks, Linda Houtzer liJ tiJ ORD.AMEND.Chapt ORD.AMEND.Chapt er 110.doc er 110.doc Minutes and Records Linda A. Houtzer From: postmaster@ clerk. col Iier.fl.us Sent: Monday, October 20, 2003 4:30 PM To: Linda A. Houtzer Subject: Delivery Status Notification (Relay) A I '`' i ATT709143.txt Advertising irdinance to Amend. This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Linda A. Houtzer From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 21, 2003 8:50 AM To: Linda A. Houtzer Subject: Delivered: Advertising Ordinance to Amend Chapter 110, Article II LA Advertising irdinance to Amend. <<Advertising Ordinance to Amend Chapter 110, Article II>> Your message To: Georgia (E -mail) Subject: Advertising Ordinance to Amend Chapter 110, Article II Sent: Mon, 20 Oct 2003 16:29:38 -0400 was delivered to the following recipient(s): legals on Tue, 21 Oct 2003 08:50:28 -0400 1 Advertising Ordinance to Amend Chapter 110, Article II Page 1 of 1 Linda A. Houtzer 8A From: legals [legals @naplesnews.com] Sent: Tuesday, October 21, 2003 9:07 AM To: Linda A. Houtzer Subject: RE: Advertising Ordinance to Amend Chapter 110, Article II rcvd to run nov. 7 georgia - - - -- Original Message---- - From: Linda A. Houtzer [ma i Ito: Linda. Houtzer @clerk. col Iier.fl.us] Sent: Monday, October 20, 2003 4:30 PM To: Georgia (E -mail) Subject: Advertising Ordinance to Amend Chapter 110, Article II Hi Georgia Please advertise the attached notices on Friday November 7, 2003 Thank you Linda Houtzer Minutes and Records <<ORD.AM END. Chapter 110.doc>> <<ORD.AMEND.Chapter 110.doc>> 10/21/2003 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 101 - 163640 58741656 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; 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: 11/07 AD SPACE: 130.000 INCH FILED ON: 11/07/03 Signature of Affiant ' 4 Sworn to and Subscribed before me this i1Y"'i-day of 200-3 Personally known by me `tinPY.ayq�•• Harriett Bushong MY COMMISSION # DD234689 EXPIRES July 24, 2001 ••''e' BONDED THRU TROY FAIN INS URANCI;INC Jt NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on November '18, 2003, in the BoardrooA 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiaml Trail, Naples, Florida, the Board of County Com- missioners 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 OF COL. ENCI ON I SIS, IZES TI01 Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All Inter- ested parties are invited to attend and be heard. NOTE: All persons wish - Ing to speak on any agenda Item must regis- ter with the County ad- on any Item. The selel tlon of an individual t speak on behalf of a organization or group encouraged. If recol nized by the Chairmal a spokesperson for y opooedn0a r mabealltt1ml utes to speak on a Item. Persons wishing t have written or graphl materials Included i starr a minimum OT sev. en days prior to the public hearing. All ma- terial used In presenta- tlons before the Board will become a perma- nent part of the record. Any person who decid- es to appeal a. decision of the Board will need a record of the proceed- ings pertaining thereto and therefore, may need to ensure that a verba- tim record of the oro- mo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Mor- �. P 89 .` "'% ORDINANCE NO. 2003- 5 8 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE II OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN THE PUBLIC RIGHTS- OF-WAY BUT PROVIDES GUIDELINES TO PERMIT THE ENCLOSURE OF SWALES ON A CASE -BY -CASE BASIS, AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES NECESSARY REPAIRS AND IMPROVEMENTS TO, EXISTING CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC RIGHT -OF -WAY; PROVIDES FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, the current practice of permitting the enclosure of swales within the Public Rights -of -Way is detrimental to the efficient detention of storm water runoff and to the recharge of groundwater; and WHEREAS, the Transportation Services Division has received numerous requests to enclose swales within the Public Rights -of -Way; and WHEREAS, the Board of County Commissioners of Collier County, Florida does hereby find and determine that it is in the public interest and the health, safety and welfare of its citizens (1) to generally prohibit the enclosure of swales within the Public Rights -of -Way, (2) to allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines, (3) to allow for the ongoing inspection o f e xisting c ulverts a nd s wale e nclosures w ithin t he P ublic R ights -of- Way, and (4) to require necessary repairs and improvements to existing culverts and swale enclosures within the Public Rights -of -Way; and WHEREAS, Ordinance No. 1998 -1, known as the "Collier County Swale /Culvert Ordina>8 Naples Park," already regulates the issue of swale enclosures within the area known as Naples Park; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 2003- 37, also cited as Chapter 110, Article II of the Collier County Code and Ordinances, which Ordinance, among other things, concerns the regulation of private construction in the Public Rights - of -Way, and WHEREAS, the Board of County Commissioners of Collier County desires to amend Ordinance No. 2003 -37 as follows: (1) except as specifically set forth in Ordinance. No. 1998 -1, to prohibit the enclosure of swales within the Public Rights -of -Way, but to allow the Transportation Administrator or his designee to review and approve deviations from this policy when documented by substantial competent evidence in accordance with approved guidelines; and (2) to authorize the ongoing inspection of, and to require necessary improvements and repairs to, existing culverts and swale enclosures within the Public Rights -of -Way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: AMENDMENT. I. The following new section is hereby added to Chapter 110 of the Collier County Code and Ordinances: See-110-30. Enclosure of Swal m Exce t as s ecificall set forth in the "Collier Count Swale /Culvert Ordinance Naples Park," set forth below in Sec. 110 -41 et seq., the enclosure of swales within the Public Rights-of-Way is hereby prohibited. The Transportation Administrator or his designee is authorized to review and approve deviations from this-RO-licy when documented by substantial competent evidence in accordance with the guidelines set forth in the handbook. I n and swale enclosures within the Public Rights-of-Way to ascertain their condition and their effect on the roadside drainage system, and will require any necessaKy repairs. and improvements to existing culverts and swale enclosures located within the Public Rights-of-Way. 2. The "Construction Standards Handbook for Work Within the Public Rights -of -Way, Collier County, Florida," adopted by Collier County Ordinance No. 2003 -37, is hereby amended by adding as Appendix C to the handbook the "Collier County Transportation Services Division Right- of-Way Permitting and Inspection Section Criteria For Enclosure of Swales in the Right -of- Way," set forth in Exhibit "A" to this Ordinance. 3. The following Sections of the Collier County Code and Ordinances are hereby renumbered as follows: Current Sec. 110 -30. Permits., is hereby renumbered to Sec. 110 –31. Permits. Current Sec. 110 -31. Removal of offending material., is hereby renumbered to Sec. 110 -32. Removal of offending material. Current Sec. 110 -32. Rule of construction of this article., is hereby renumbered to Sec. 110 -33. Rule of construction of this article. Current Sec. 110 -33. Conflict and severability., is hereby renumbered to Sec. 110 -34. Conflict and severability. Current Sec. 110 -34. Penalties., is hereby renumbered to Sec. 110 -35. Penalties. Current Secs. 110 -35- 110 -40. Reserved., are hereby renumbered Sec. 110 -36 -- 110 -40. Reserved. Except as renumbered, these sections remain otherwise unchanged. 0 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 8A The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: 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 I 9th day of ___�j OUe(1(y�r" , 2003. n, ^ Y i P•, (r /� , 1 1 A`BST:'.r. ' WIIT;)v. BROC,C�erk ..Deputy1 -- BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, RIDA BY:_ Tom Henning, Chairman Exhibit "A" Criteria for Enclosure of Swales in the RiPFhtc -nf_ It is not normally desirable to replace an open grassed swale within a County right -of -way or easement with an enclosed storm drain pipe. Enclosing a swale can reduce stormwater storage volume and stormwater quality treatment capacity. However, it is understood that extenuating circumstances can occur that would make an enclosed system more desirable for health and safety considerations. For those instances where County staff, in responsible charge of making the decisions for Swale enclosures, determine that there are sufficient circumstances to justify enclosing an existing swale or ditch, an application for a Right -of -Way Use Permit must be filed with the County. In order for the County to consider issuance of a permit for a swale enclosure, the following criteria must be met: 1. An existing conditions survey and a calculation of the existing cross - sectional swale area shall be provided. A pre and post enclosure evaluation shall be performed to demonstrate that post - enclosure volume is equal to or greater than pre - enclosure volume. A cross section and profile of the existing swale to be enclosed together with bottom a nd t op w idth, s ide s lopes, a nd d epth s hall b e p repared a nd p rovided b y a Florida registered professional engineer. If original design information is available, regardless of the existing condition, the required enclosure volume shall be based on the original swale design geometry and not the existing condition 2. Any existing water quality pre- treatment has to be compensated either within the right -of -way or in the property, and it has to be in a dry detention area, at least V above the high seasonal water table (hswt). The detention area has to collect the runoff from the adjacent pavement that came to the existing swale. Plan and section views depicting an adequate proposed project grading plan which conveys roadway runoff from the edge of pavement into the dry detention area shall be provided. Grading plans must take into account the thickness of sod, typically 4 ", so as not to create a "step up" leaving a "bird bath" or ponding condition at the edge of pavement. An outlet with a 3" bleeddown orifice (Invert at hswt) shall be provided in the detention area. If the desired plan is to provide a shallow swale for water quality underlain by a storm drain pipe for water quantity, adequate inlets must be provided to the storm drain pipe. Within the urban portion of the County where the affected lot width is less than 100 feet, inlet spacing will be a minimum of one inlet between each driveway. Where lot widths are greater than 100 feet, or in the non -urban portions of the County, inlets shall be located between each driveway with additional inlets as needed to ensure that inlet spacing does not exceed 100 feet. The plans shall show a clearly d efined w ay t o get t he s tormwater from t he d ry d etention a rea back t o t he enclosed swale. 3. Any existing water quantity that flows through the swale shall be compensated in a pipe with the capacity to handle that volume. Pipe size calculations indicating the equivalent, compensating volume proposed shall be provided. The minimum pipe size is 18 inches or equivalent. 4. Invert elevations of proposed and existing adjacent pipes, along with direction of flow shall be identified. Also adequate pipe coverage as per manufacturers Page 1 of 2 recommendations for H S -20 loading shall be identified. For swale enclosures, the allowable pipe materials are steel reinforced concrete, aluminum, high density Polyethylene (HDPE) and polyvinylchloride (PVC). Pipes must have a smooth interior wall and meet Florida Department of Transportation approved criteria. Steel Pipe material is not acceptable. 5. The relationship between the normal seasonal high water table elevation, the bottom of the ditch, the invert of the proposed culvert, existing outfall invert (if possible), and typical direction of flow shall be shown. An actual normal seasonal high water table elevation should be called out on the proposed plan. 6. If a control structure is located downstream of the system proposed to be enclosed, enclosure will be prohibited unless it can be shown that such enclosure will not adversely affect the water quality requirements set forth in the SFWMD Permit for the control structure. 7. Because of potential larger pipe sizes required to adequately convey the existing storm water runoff, minimum cover requirements may place the proposed pipe invert below the normal seasonal high water table elevation. No credit shall be given for any proposed storage volume provided below the water table. 8. The use of slotted pipe in rock trenches lined with geotextile fabric may be acceptable in certain locations for water quantity storage where stormwater quality pretreatment is provided and there is clearly insufficient land surface to provide the required dry detention volume. The use of slotted pipe in rock trenches lined with geotextile fabric is also allowable where previously pennitted by the County or a State or Federal agency. 9. All permits for swale or ditch enclosures shall contain explicit requirements for the Property owner, successors or assigns to maintain the enclosure. Page 2 of 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida hereb , do y certify that the foregoing is a true and correct COPY of: ORDINANCE 2003 -58 Which was adopted by the Board of County Commissioners on the 18th day of November, ovember, 2003, during Regular Session. WITNESS my hand and the official seal of the Board o Count f y Commissioners of Collier County, Florida, this 20th day of November, 2003. DWIGHT E. BROOK. Clerk of Courts, �. agrc��.�1;�- �*k�';,. Ex- officio to ;Board of'%:`�'; Count •._ y Commissiore•�s BY: Ann Je bhn, . -..•. r. +w af ,7 Deputy - "1• q COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 88 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Date: Petition No. (If none, give brief description): PUDZ- 2003 -AR -360 , Nicaea Academy PUD Petitioner: (Name & Address): William Hoover, AICP, Hoover Planning & Dev., Inc., 3785 Airport Road North, Ste B -1, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: Barton and Wendy McIntyre, 2200 Santa Barbara Blvd., Naples, FL 34116, and Joseph Magdalener, 540 Inlet Drive, Marco Island, FL 34145 Hearing before 0 BCC 0 BZA 0 Other �,3 Requested Hearing date I/ l4, 2003, based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other O Legally Required Proposed Text: PUDZ- 2003 -AR -3607, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting an amendment to the existing PUD zoning (accomplished by rezoning from a I'PUD" Planned Unit Development zoning district to another "PUD" Planned Unit Development district known as the Nicaea Academy PUD). The proposed changes to the PUD document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 South, Range 26 East, Collier County Florida. This property consists of 119± acres 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 e .ewed by: �3 Departure ead Date List Attachments: Approved by: 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 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. ********, r**** w*** wrr****«***** w.*****, r***** rr**** �***, r**, t**, t*****.+ r**** s****** * *rr «,r,► *,r * * *r * * * * *w,r * * * * *.* FOR CLERK'S OFFICE USE ONLY: 3 Date Received: 0 Date of Public hearing: Date Advertised: SQhc 0 3 N�+J ITEM NO.: DATE RECEIVED: ^.� OFFICE OF TH' FILE NO. \ SQ301l1� COUNTY A;i TOFi�..,, ROUTED TO: -�� 03 JUN —4 PH 3: 03 REQUEST FOR LEGAL SERVICES Date: la - �- V3 - To: Office of the County Attorney /' Attention: MARJORIE STUDENT From: F-,:, `�E! 5 cC 4L Community Development Services Department Planning & Technical Services Section THIS DOCUMENT HAS BEEN REVIEWED FOR TYPING AND SPELLING ERRORS BY 16 (PLANNER'S NITIALS) BACKGROUND OF REQUEST /PROBLEM: Are documents or other information needed -o review this matter? If yes, attach and reference this information). This item has /has not been previously submitted. (If previously submitted provide County At-orney's Office file no.) ACTION REQUESTED OTHER COMMENTS: Pc=p— CamrA. A_ e,4 s E HEA-)du / rN 1"r1AL PLEASE RESPOND IN WRITTEN FORM. SEND RESPONSE TO cc: CECILIA MARTIN, CURRENT PLANNING I� to3 r-(::> I ORDINANCE NO. 03- 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 86265 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000 -52, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy McIntyre, 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; SECTION ONE: The Zoning Classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8626S, escribed in Ordinance Number 91 -102, the Collier County Land Development Code, M hereby amended accordingly. SECTION TWO: O Ordinance Number 2000 -52, known as the Nicaea Academy PUD, adopted on August.44,' 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. h M 88 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2003. t ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency 'Marjorie M. Student -� Assistant County Attorney BY: TOM HENNING, CHAIRMAN NICAU ACADEMY PUB A PLANNED UNIT DEVELOPMENT PREPARED FOR: 96 BARTON AND WENDY MCINTYRE 2200 Santa Barbara Boulevard NAPLES, FLORIDA 34116 and JOSEPH MAGDALENER 540 INLET DRIVE MARCO ISLAND, FLORIDA 34145 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 and JEFFREY L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" January 8, 2003 May 6. 2003 8 TABLE OF CONTENTS A PACg1 TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN 8 SECTION IV PRESERVE AREAS PLAN 12 SECTION V DEVELOPMENT COMMITMENTS 13 IT EXHIBIT "A" EXHIBIT "B" LIST OF EXHIBITS PUD MASTER PLAN 8 a � .,, 6# I o E PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN iii • r STATEMENT OF COMPLIANCE The development of approximately 119± acres of property in Collier County, as a Planned Unit Development to be known as the Nicaea Academy PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Nicaea Academy PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road /Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 580 proposed units and resultant density of 4.87 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Project Inside a Residential Density Band Base Density 4 dwelling units /acre Residential Density Band +3 dwelling units /acre Maximum Permitted Density 7 dwelling units /acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density 4 dwelling units /acre Maximum Permitted Density 4 dwelling units /acre Maximum permitted units = 40.7 acres x 7 dwelling units /acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units /acre = 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units /acre. Requested dwelling units = 580. Requested density = 4.87 dwelling units /acre. 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 2 y SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Nicaea Academy PUD. 1.2 LEGAL DESCRIPTION The subject property being 119± acres, and is fully described as the South 1/2 of the South '/2 of the South '/2 less the west 100 feet thereof; and the South 1/2 of the North 1/2 of the South 1/2 of the South 1/2 less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Barton and Wendy McIntyre, 2200 Santa Barbara Boulevard, Naples, Florida 34116. The westerly 8 acres of the subject property is under purchase contract by Joseph Magdalener, 540 Inlet Drive, Marco Island, Florida 34145 and the easterly 111 acres of the subject property is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida 34101. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Collier Boulevard just south of the Crystal Lake PUD (unincorporated Collier County), Florida. B. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Collier Boulevard Canal located along the western property boundary. Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas to 13.0' NGVD in the uplands. The average elevation being approximately 12.2' 3 NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake /natural vegetation areas prior to discharge. The water management system will be permitted by South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18- Riveria Fine Sand, limestone substratum, and areas of #16- Oldsmar Fine Sand and #10- Oldsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. 1.6 PROJECT DESCRIPTION The Nicaea Academy PUD is a project proposed for a maximum of 580 residential units. These units are likely to be developed as a multi - family project(s). Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the " Nicaea Academy Planned Unit Development Ordinance ". 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 8B'�W The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Nicaea Academy PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Nicaea Academy PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES 5 2.4 2.5 2.6 • . A A maximum of 580 dwelling units shall be constructed in the residential areas of the project. The gross project area is 119± acres. The gross project density shall be a maximum of 4.87 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition Excavation" pursuant to Section 3.5.5.1.3 of the Land whereby off -site removal shall be limited to 10% excavated but not to exceed 20,000 cubic yards. M of a "Development Development Code, of the total volume 88 B. All other provisions of Division 3.5, Excavation of the Land Development Code shall apply. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 580 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single- family dwellings (includes zero -lot line). 2. Two - family dwellings and duplexes. 3. Multi- family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Permitted AcceSSO�Uses and Structures: Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. E:3 3.4 A 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Such facilities may be incorporated within the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. 7. Recreational facilities such as boardwalks, walking paths and picnic areas, within any Natural Habitat Areas. Such facilities may be incorporated with the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. 8. Supplemental landscape planting within Natural Habitat Areas, after the appropriate environmental review. 9. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Nicaea Academy PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavements in multi - family projects. 9 TABLE RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Accessory Structure Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (4) Upland Native Habitat Setback Principal Structure Accessory Structure Wetland Preserve Area Setback Distance Between Structures Main /Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: SINGLE - FAMILY 7,000 Sq. Ft. 60' Interior Lots (1) 70' Corner Lots 23' 0' & 12' or both 6' 0' & 15' or both 7.5' Not Applicable 6' 20' 10' 20' 20' 20' 25' 10' 25' 12' 15' Not Applicable 12' TWO- FAMILY 5,000 Sq. Ft. 90' Interior Lots (1) (45')(2) 110' Corner Lots (55')(2) 23' 0' &12'orboth 6' 0'& 15' or both 7.5' Not Applicable 6' 20' 10' 20' 20' 20' 25' 10' 25' 12' 15' Not Applicable 12' MULTI - FAMILY NA NA NA 15' 7.5' 10' 12.5' 6' 20' 10' 20' (3) 10' 20' 25' 10' 25' 15' 20' 25' 12' 21901 Principal Building 35' and 2 stories 35' and 2 stories 45' and 3 stories Accessory Building 20' /Clubhouse 35' 20' /Clubhouse 35' 20' /Clubhouse 35' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 Bedroom = 750 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. (1) May be reduced on cul -de -sac lots and lots on the inside part of curved streets by 25 %. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. (3) All 3 -story buildings shall be set back a minimum of seventy -five (75) feet from the southern and northern PUD boundary lines. (4) Lake setbacks are measured from the control elevation established for the lake. 10 r B. Off - Street Parking and Loading Requirements: Parking shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on -site for any residential project. 2. A minimum of 71.15 acres of Natural Habitat Areas or Preserve Areas shall be provided on -site, including both the understory and the ground cover emphasizing the largest contiguous area possible. These Natural Habitat Areas or Preserve Areas shall consist of at least 71.15 acres of native vegetation that is retained on -site as shown on the PUD Master Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. 11 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas may be 100% indigenous native species. 6. Any other use deemed comparable in nature by the Development Services Director. 12 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE R161-N The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one or two phases. 13 5.5 5.6 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code. C. The developer and its successors and assigns shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. D. Prior to Final Site Development Plan approval a right -of -way permit shall be obtained, if required. WATER MANAGEMENT A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. A surface water management permit must be obtained from the South Florida Water Management District. D. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. 14 5.7 W-I UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97 -17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of Collier County and will be billed by the County in accordance with the County's established rates. TRAFFIC The development of this PUD shall be subject to and governed by the following stipulations. Also, note that any language within this PUD document, whether whole or in part, that conflicts or can be interpreted and /or construed in any way shape or form as being in conflict with the following stipulations is null and void, as determined by Collier County Transportation staff: A. All traffic control devices and design criterion used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). D. External and internal improvements determined by Collier County Transportation staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first Certificate of Occupancy (CO). 15 • 1 E. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001 -13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of County Commissioners (CCBCC). F. Any and all points of ingress and /or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to modify, or close any ingress and /or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues, roadway capacity problems, etc. G. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under Collier County Transportation staff's authority. Collier County Transportation staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues, roadway capacity problems, etc. H. Nothing in any development order will vest the right of access over and above a right in /right out condition. Neither will the existence of a point of ingress, egress and /or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. To ensure this the following shall be the minimum requirements provided relevant to same: Pedestrian Travel Ways: • On local roadway sidewalks shall be a minimum of five feet in width. • On collector and arterial roadways sidewalks shall be a minimum of six feet in width. Bicycle Travel Ways: 16 • On local roadway bike that travel lanes be a accommodate bicyclists. 0 ■ lanes are not required. However, it is preferred minimum of twelve feet in width so as to • On collector and arterial roadways in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimum four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. Pedestrian and bicycle travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation staff. Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. I. The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developers) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. J. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to: any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy (CO). Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and /or right turn lane(s), are determined to be necessary, right -of- way and /or compensating right -of -way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation staff. K. All work within Collier County right -of -way shall meet the requirements of Collier County Ordinance No. 93 -64, as amended. Collier County Transportation staff reserves the right to impose stricter requirements if 17 determined as necessary to protect the health, safety and welfare of the public. L. All internal access(es), drive aisle(s), sidewalk(s), etc., not located within County right -of -way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). M. Joint/shared access(es) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. N. Frontage, midpoint and /or reverse frontage (backside) interconnection (s) may be required by Collier County Transportation staff, as a condition of Site Development Plan (SDP) approval. O. Prior to development of any and all portion(s) of any and all development(s), Site Development Plan (SDP) approval shall be obtained /received from Collier County Transportation staff. P. In the event that Tree Farm Road (a private road) is used for access to the site, this road and bridge crossing shall be improved to County standards up to the project's entrance points. The final access location points shall be approved at the time of Site Development Plan submittal. At this time, the developer shall provide evidence that they can utilize Tree Farm Road for project access pending title search ownership results. R. If a gate is proposed at any and /or all development entrance(s) they shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this the following shall be the minimum requirements provided relevant to same: • The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad /phone box for the proposed gate(s). • A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad /phone box and the proposed gate(s). Collier County Transportation staff reserves the right to impose stricter requirements if determined as necessary to protect the health, safety and welfare of the public. 5.9 PLANNING 18 OWE A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. The petitioner shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Current Planning Section Staff for review and approval prior to Final Site Development Plan /Construction Plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation /preservation areas. D. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. E. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Section Staff. Ice F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to Final Plat/Construction Plan approval. H. This PUD shall be consistent with the Environmental Section of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. O 51 Y 0� I 0 0 7i c as l Mill � l n � m SIMANY Ur APAR11 OM MI NG COWER BLVD. C.R. 951 ( .'. F A.L. AA ( ( I� i� v...Mt, 99GV T mum (i l'C RMI� 9n .. P AEA PUD DAVIDSON ENGINEER/NGSS INC. 2154 TRADE CENTER WAY, SURE 3 NAPLES, FLORIDA34199 r EX��{,�� PHONE (259) 5973916 FAX (259) 597.5195 � COMPANY 10. N0. U4783184 �� 9 Il8 It c6 0 K MflTAMY BAY APMEINI9TS DGSTING COWER BLVD. C.R. 951 aa b fill�1 Ln.. AIM M Q I • 9 P d g ✓,, 6 `'ItkV4'i�` Kx a a ' t > @g Ll 'Q � � � • • • •�• • ♦ • 5:11 �" J'... �Y .✓ ✓ ✓ If !. t. �,.'� K � � is �i'+�L -�y ';'. ✓ � �A.. M fall j� '�. aaa ' > ° >_•� " 01 001 191. gig it 91 I.......... ........... n Py Y IXWFM A7KILI RAL ZONW n BARTON AND W61DY McKrym P9p9991 an mlAe111s muE r9A DAVIDSON ENGINEERING). INC. NICAEA PUD „ �=- O, 9159 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA39f09 EXHW B PHONE (230)697-Mg FAX (239)597.5195 v COMPANY I0. NO. 55-079314 .M9 8Bij Patricia L. Morgan To: Reischl, Fred Subject: Advertising - PUDZ- 2003 -AR -3607 Yfi Fred, We need the E.ohi6itA for this petition (NicaeaAcademy). We have to have the PVD document 6efore it can go to the Napfes .News. They said that we have to have it 6y tomorrow morning in order to get it in. We have to have this ASAP (for certain) Thanks, Trish 911inutesandRecords @cferkcollierfC. us Patricia L Morgan From: System Administrator [postmaster @colliergov.net] Sent: Wednesday, June 04, 2003 4:32 PM To: Patricia L. Morgan Subject: Delivered: Advertising - PUDZ- 2003 -AR -3607 Advertising - 'UDZ- 2003 -AR -360.. «Advertising - CP7)DZ -2003 Al2- 3607» Your message 7o: Reischf,, Fred Subject: Advertising - P`(JDZ -2003 Al2 -3607 Sent: `iNed, 4 Jun 2003 16:31:53 -0400 was delivered to the foffowing recipient(s): reischl f on Wed, 4 gun 2003 16.32:15 -0400 Advertising - PUDZ- 2003 -AR -3607 Patricia L. Morgan From: Reischl, Fred Sent: Wednesday, June 04, 2003 5:03 PM To: Patricia L. Morgan Subject: RE: Advertising - PUDZ- 2003 -AR -3607 Hi Trish! I hope they told you this is for Comm. Henning... not me!!! Sorry!! Jean has Exhibit A & will drop it to you at 8AM. Thanks again! Fred - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan@clerk.collier.fl. us] Sent: Wednesday, June 04, 2003 4:32 PM To: Reischl, Fred Subject: Advertising - PUDZ- 2003 -AR -3607 Mi Fred, Page 1 of 1 We need the Exhibit A for this petition (Nicaea Academy). We have to have the PV (D document before it can go to the Naples News. They said that we have to have it by tomorrow morning in order to get it in. We have to have this ASAP (for certain) Thanks, Trish 911inutesandRecords @cferkcoffier. fl us 6/5/2003 June 5, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2003 -AR -3607, NICAEA ACADEMY PUD Dear Georgia: Please advertise the above referenced notice on Sunday, June 8, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 113 - 138312- 649110 f � NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JUNE 24, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 86265 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD' TO "PUD' PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRESy PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000 -52, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ- 2003 -AR -3607, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting an amendment to the existing PUD zoning (accomplished by rezoning from a "PUD" Planned Unit Development zoning district to another "PUD" Planned Unit Development district known as the Nicaea Academy PUD). The proposed changes to the PUD Document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park). Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. ■ Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) June 5, 2003 William L. Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road North - Suite B -1 Naples, FL 34104 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Mr. Hoover: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 24, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels Deputy Clerk Enclosure We* "al June 5, 2003 Barton & Wendy McIntyre 2200 Santa Barbara Boulevard Naples, FL 34116 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Petitioners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 24, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels Deputy Clerk Enclosure 8B June 5, 2003 Joseph Magdalener 540 Inlet Drive Marco Island, FL 34145 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 24, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels Deputy Clerk Enclosure Teri Michaels To: legals@naplesnews.com Subject: ATTN:GEORGIA Importance: High hi georgia- re: PUI)Z-2003-AR-3607,Nicaea Academy PUD this is the one Maureen talked to you about...... thanks!! PUDZ-2003-AR-360 7.doc PUDZ-2003-AR-360 7.doc I 8 B Teri Michaels From: postmaster @clerk. col Iier.fl.us Sent: Thursday, June 05, 2003 9:27 AM To: Teri Michaels Subject: Delivery Status Notification (Relay) I ATT116044.txt ATTN:GEORGIA i This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Iegals@naplesnews.com 1 Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Thursday, June 05, 2003 9:23 AM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA Importance: High Ll ATfN:GEORGIA <<ATTN:GEORGIA>> Your message To: Iegals@naplesnews.com Subject: ATTN:GEORGIA Sent: Thu, 5 Jun 2003 09:26 :47 -0400 was delivered to the following recipient(s): legals on Thu, 5 Jun 2003 09:22:56 -0400 A A u C: 0 N N) C) 0 0 v v A A a c 0 N 0) CD 0 0 v v -+ =r -+ =r -3 m _-r — m(n-qvmn : a c o V o —.— -B o C7 Ln C: N I > p � Ln A =, a- IFS /$E G) (D (n M U=l LO a) 0 M M o ;a ::E (D C) in 3 c) � h >0 - Ln CU = 0 rJ Er 3 C) C) W rDl Z m 0 CL 0 > 0) -+ (D 0 -< D Ln rp) 0 r) (D FD' C7 11 cc —8 CD � < 'r) 0 C: CL �7 =) 2 CD - CD co Z 0 m 0 X G) 0 0 -1 cp n CD 0 3 C) --i --i CD =r (a 2) Rim a (n =r 0 0) Cc CD 03 j CD L- CD 0 0 en Lj CD C) 0 0 > 3 6+ Naples Daily News Naples, FL 34102 NOTICE OF INTENT TO CONSIDER Affidavit of Publication Naples Daily News Notice ---------------- ---- +----- ------ ---- ---- -- - - --- that on - ---- ------------ °---- ---- -- 2L. 2001 BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58672965 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared S. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first 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: 06/08 AD SPACE: 173.000 INCH FILED ON: 06 /09/03 ---------------------------- r Signature of Affiant 'f Sworn to and Subscribed before me this !_� da of Personally known by me :011A 0 USJ �'J FiORA \ My Co,mrn Fop. 1.'JIC,'04 + No. CC 983546 [ I Personally Known I I0#W I.D. the proposed is as follows: NG ORDiNA BER 41-102, T as the NI emy_ PUD) an will use of and as- Zone is iocatea on % r east side of collie Bouievard Just south c the Crystal Lake PUI (Rv p4m. Copies of the propo Ordinance are on with the Clerk to �°°� and are avalla bested 0 raisons `arelInv to attend and be hear( NOTE: All persons M Ing to speak on ter agenda the must Y ministrator prior to sentation of the. agl on any ILO ne a tion of an ndividu+ speak on behalf c organization or i enceuraged. i re n1jed W the Chair a spokesperson 1 grAUp or organize m✓siy be allotted 10 utes to speak o horn. Persons wishin have written or or thetBoaard agenda ats must submit en days prior to the tubiic hearing. Ali Me. erial used In presenta- tions before the Board will pbaertotthearebord a- Arty person' who decides to appeal a decision of the Board will need a re- cord 99f the proceedings pertaining thereto and therefor %, may need to ensure that a verbatim record of the proceed. ings is made, which re- cord includes the testi- mony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK Deputy Clerk Michaels, (SEAL) June 8 No.ITT16-0 Patricia L. Morgan F 8 B From: Martin, Cecilia Sent: Tuesday, July 22, 2003 11:24 AM To: Minutes and Records; Johnson, Connie; Brock, Mary; Oldham, Laurie; Filson, Sue; Bedtelyon, Linda Cc: Reischl, Fred Subject: FW: continuances P` (DZ -2003 ,4R- -3607 Nicaea Academy will have to be readvertised for the 9123 BCC meeting as this was already continued to the 7129 BCC meeting from the 6124 meeting. (Please readvertise for the 9123 as it has went past the 5 weekadvertising requirement. (PV(DA -2002 AR- -2475 (Falling Waters was tentatively scheduledfor the 919 BCC meeting, but the advertising was not sent up as the County Attorney has not signed the Ordinance yet to advertise. This will6e advertisedfor the 9123 meeting when the County Attorney has signed the ordinance. > ----- Original.9dessage ----- > (From: reischl f > Sent: Tuesday, duly 22, 2003 11: 07AY > To: martin c; Minutes and g?gcords; johnson c; brock_m; ofdham_C- > filson s • Cc: BillYfoover (E- mail; Nicky Weston (E- mail; UIButler202 @aol com' • Subject: continuances >At the duly 17, 2003 CCFC meeting, the following petitions were continued • PVQ,4- 2002 -,4 - -2475 Falling Waters • P'V DZ -2003 ,4 -3607 Nicaea Academy > I have rescheduled them for the 914103 CCBC and the 9123104 BCC. • Thanks! • Fred > Fred 12eischl, AICF > Frincipal Flanner • 239 - 403 -2400 > fredreischl @colliergov. net <mailto firedreischl@colliergov. net> > << ... OLE 06i.. >> 1.0 RIM Patricia L. Morgan From: Reischl, Fred Sent: Tuesday, July 22, 2003 11:07 AM To: Martin, Cecilia; Minutes and Records; Johnson, Connie; Brock, Mary; Oldham, Laurie; Filson, Sue Cc: Bill Hoover (E- mail); Nicky Weston (E- mail); 'PButler202 @aol.com' Subject: continuances At the July 17, 2003 CC (PC meeting, the foffowing petitions were continued �FVQA -2002 AR -2475 (Faffing Waters (PVqDZ -2003 Al2, -3 607 Nicaea Academy I have rescheduled them for the 914103 CC PC and the 9123104 ACC Thanks! Fred (Fred W�ischC AICT1 (PrincipaC (Planner 239 - 403 -2400 fredreischl@colliergov. net <maitto. fredreischf @coftiergov. net> << ... OCE O6j... >> 80 r Maureen A. Kenyon From: Martin, Cecilia Sent: Tuesday, July 22, 2003 11:24 AM To: Minutes and Records; Johnson, Connie; Brock, Mary; Oldham, Laurie; Filson, Sue; Bedtelyon, Linda Cc: Reischl, Fred Subject: FW: continuances PUDZ- 2003 -AR -3607 Nicaea Academy will have to be readvertised for the 9/23 BCC meeting as this was already continued to the 7/29 BCC meeting from the 6/24 meeting. Please readvertise for the 9/23 as it has went past the 5 week advertising requirement. PUDA- 2002 -AR -2475 Falling Waters was tentatively scheduled for the 9/9 BCC meeting, but the advertising was not sent up as the County Attorney has not signed the Ordinance yet to advertise. This will be advertised for the 9/23 meeting when the County Attorney has signed the ordinance. • - - - -- Original Message - - - -- • From: reischl_f • Sent: Tuesday, July 22, 2003 11:07 AM • To: martin _c; Minutes and Records; johnson_c; brock_m; oldham_1; • filson_s • Cc: Bill Hoover (E- mail); Nicky Weston (E- mail); 'PButler202 @aol.com, • Subject: continuances > At the July 17, 2003 CCPC meeting, the following petitions were continued: • PUDA- 2002 -AR -2475 Falling Waters • PUDZ- 2003 -AR -3607 Nicaea Academy > I have rescheduled them for the 9/4/03 CCPC and the 9/23/04 BCC. • Thanks! • Fred > Fred Reischl, AICP > Principal Planner > 239 - 403 -2400 > fredreischl @colliergov.net <mailto :fredreischl @colliergov.net> > << ... OLE_Obj ... >> > 1 r'8B July 22, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2003 -AR -3607, NICAEA ACADEMY PUD Dear Georgia: Please advertise the above referenced notice on Sunday, September 7, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Marie Clos, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 M• r • r NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 23, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 86265 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRESy PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000 -52, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ- 2003 -AR -3607, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting an amendment to the existing PUD zoning (accomplished by rezoning from a "PUD" Planned Unit Development zoning district to another "PUD" Planned Unit Development district known as the Nicaea Academy PUD). The proposed changes to the PUD Document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park). 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. Fam, 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. Ixi any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Marie Clos, Deputy Clerk (SEAL) o� �t►E ClIpCG'r U y Dwight E. Brock Clerk July 22, 2003 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 William L. Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road North - Suite B -1 Naples, FL 34104 1 r CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Mr. Hoover: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos Deputy Clerk Enclosure o�gNE CIIpCG� v y Dwight E. Brock Clerk July 22, 2003 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101.9044 Barton & Wendy McIntyre 2200 Santa Barbara Boulevard Naples, FL 34116 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Petitioners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. 01 Sincerely, DWIGHT E. BROCK, CLERK Marie Clos Deputy Clerk Enclosure a v?d o�,�t►E ClRCG'r °o tJ y aDub'" ts'_ Dwight E. Brock Clerk July 22, 2003 Joseph Magdalener 540 Inlet Drive Marco Island, FL 34145 County of Collier CLERK OF THE CIRCUIT COURT COLDER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos Deputy Clerk Enclosure Teri Michaels To: paperrell @naplesnews.com Subject: PER YOUR REQUEST.... hi pam- re: nicaea academy pud- pudz- 2003 -ar -3607 the attached is per your phone call request to marie thanks pam !!! teri michaels (ps pls confirm receipt of this) PUDZ- 2003 -AR -360 PUDZ- 2003 -AR -360 7(1).doc 7(1).doc 1 •r Teri Michaels • r r From: System Administrator [postmaster @naplesnews.com] Sent: Wednesday, August 06, 2003 12:01 PM To: Teri Michaels Subject: Delivered: PER YOUR REQUEST.... PER YOUR REQUEST.... «PER YOUR REQUEST .... » Your message To: paperrell @naplesnews.com Subject: PER YOUR REQUEST.... Sent: Wed, 6 Aug 2003 12:07 :43 -0400 was delivered to the following recipient(s): Perrell, Pamela on Wed, 6 Aug 2003 12:00:49 -0400 �L Teri Michaels From: postmaster @clerk. col Iier.fl.us Sent: Wednesday, August 06, 2003 12:08 PM To: Teri Michaels Subject: Delivery Status Notification (Relay) LLJ ATT05599.txt PER YOUR REQUEST.... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrel I@naplesnews.com 1 EPIF r - - - -- Original Message---- - From: postmaster @clerk.collier.fl.us [mailto: postmaster @clerk.collier.fl.us] Sent: Wednesday, July 23, 2003 8:11 AM To: Marie J. Clos Subject: Delivery Status Notification (Relay) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com Marie J. Clos From: System Administrator [postmaster@ nap lesnews.com] Sent: Wednesday, July 23, 2003 8:05 AM To: Marie J. Clos Subject: Delivered: Advertise PUDZ -AR -3607 LI Advertise PUDZ -AR -3607 <<Advertise PUDZ -AR- 3607» Your message To: legals naplesnews.com Subject: Advertise PUDZ -AR -3607 Sent: Wed, 23 Jul 2003 08:10:48 -0400 was delivered to the following recipient(s): legals on Wed, 23 Jul 2003 08:04:39 -0400 Teri Michaels To: legals @naplesnews.com Cc: Maureen A. Kenyon Subject: ATTN:GEORGIA- DUPLICATE ADS RUN hi georgia- the following are duplicate ads that ran on Sunday, 9/7/03 - please credit us accordingly. 1) credit ad# 246337 (pudz - 2003 -ar -3607, nicaea academy) (also ran under ad # 246513) 2) credit ad# 272084 (snr- 2003 -ar -4056, shady oaks lane) (also ran under ad # 272093) 3) credit ad# 272035 (snr- 2003 -ar -4052, standing oaks In) (also ran under ad # 272084) * ** *this one you said you already credited....... thanks georgic! teri michaels 774 -8411 Teri Michaels F.n From: System Administrator [postmaster @naplesnews.com] Sent: Monday, September 08, 2003 11:10 AM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA- DUPLICATE ADS RUN ATTN: IA- DUPLICATE ADS «ATTN:GEORGIA- DUPLICATE ADS RUN» Your message To: Iegals@naplesnews.com Cc: Maureen A. Kenyon Subject: ATTN:GEORGIA- DUPLICATE ADS RUN Sent: Mon, 8 Sep 2003 11:18:20 -0400 was delivered to the following recipient(s): legals on Mon, 8 Sep 2003 11:10:03 -0400 ATTN:GEORGIA- DUPLICATE ADS RUN Page 1 of 1 Teri Michaels 80 From: legals [legals @naplesnews.com] Sent: Monday, September 08, 2003 12:47 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA- DUPLICATE ADS RUN wrote the 3 credits georgia - - - -- Original Message---- - From: Teri Michaels [mailto: Teri .Michaels @clerk.collier.fl.us] Sent: Monday, September 08, 2003 11:18 AM To: legals @naplesnews.com Cc: Maureen A. Kenyon Subject: ATTN:GEORGIA- DUPLICATE ADS RUN hi georgic- the following are duplicate ads that ran on sunday, 9/7/03 - please credit us accordingly. 1) credit ad# 246337 (pudz - 2003 -ar -3607, nicaea academy) (also ran under ad # 246513) 2) credit ad# 272084 (snr- 2003 -ar -4056, shady oaks lane) (also ran under ad # 272093) 3) credit ad# 272035 (snr- 2003 -ar -4052, standing oaks In) (also ran under ad # 272084) * ** *this one you said you already credited....... thanks georgic! teri michaels 774 -8411 9/8/2003 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------------- +-------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58702723 PUDZ - 2003- AR- 3607NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples,, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first 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: 09/07 AD SPACE: 171.000 INCH FILED ON: 09108/03 Signature of Affiant Sworn to and Subscribed befo a me this day of 20t,j 1 Personally known by me Harriett Bushong r = MY COMMISSION # DD234689 EXPIRES July 24, 2007 BONDEDTHRU TROY FAIN INSURANCE, INC ter with staenlothe� nof the natgy e a� d- Item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec- tion of an individual to speak on behalf of an organization or group Is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may a allotted 10 min- utes to speak on an Item. Persons wishing to re. en days prior to the public hearing. All n terial used In presenta- tions before the Board will become a perma- nent part of the record. Any person who decides to appeal a decision of the Board will need a re- cord of the proceedings pertalning thereto and therefore, may need to ensure that a verbatim record of the proceed- ings Is made, which re- cord Includes the testi- mony and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK S� k Clos t��'�'tttyy e (AL) �� PUDZ- 2003•AR -3607 NOTICE OF INTENT TO CONSIDER ORDINANCE a, nance. The me commence at The title of the 'Ordinance is as AN ORDINANCE ING ORDINAN BER 91.102. THI ING FOR F ORDI- 2000 -52, NICAEA AND BY EFFEC- & Development, Inc. representing Barton and Wendy McIntyre and Jo- seph Magdalener, re- questing an amendment to the existing PUD zon -1 Ing (accomplished by rezoning from a "PUD "', Planned Unit Develop -I trict Known as the NI-1 caea Academy PUD).; The proposed- changes to the PUD Document and Master Plan will eliminate the uses of private school and as- sisted living facility and allow for a max um of 580 residential dwelling units. The property to be considered for this re- zone Is located on the east side of Collier Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All Inter- ested parties are Invited to attend and be heard. NOTE: All persons wish Ing to speak on ari xra -4 i+nm muc* rerl- A � Patricia L. Morgan From: Reischl, Fred Sent: Wednesday, September 24, 2003 8:21 AM To: Martin, Cecilia; Oldham, Laurie; Johnson, Connie; Brock, Mary; Minutes and Records Subject: continuance The BCC continued Nicaea Academy ( q123607) from the 9123 meeting to the 10128 meeting. Fred 12eischi, AICT T1 rincipaCBlanner 239 - 213 -2921 fredreuchf @co(fergov. net <mailto fredreischC@coffiergov. net> 0 ■ Patricia L. Morgan From: Reischl, Fred Sent: Monday, October 27, 2003 3:27 PM To: Kant, Ed; Schmitt, Joseph; Murray, Susan Cc: Scott, Donald; Elurfali, Alan; Johnson, Connie; 'Jeff Davidson'; Martin, Cecilia; Oldham, Laurie; Minutes and Records; Brock, Mary; Filson, Sue; Bedtelyon, Linda Subject: RE: agenda item 8A Jeff Davidson, the project engineer, has requested a continuance until the neX;t BCC meeting (11/18) in order to resolve the transportation issues. • ----- Oni inal9Ylessage ----- > Erom: reischC f • Sent: Monday, October 27, 2003 2:37 T% • 7o: kant e; SchmittYoseph; murray_s • Cc: scott d,• EAVrfa(Wan; Johnson c • Subject: agenda item 8,4 • Importance: YfigFi • I was just informed that Nicaea will be continued, BVT I have not yet • receivedwordfrom the owner. • BillYfoover is no longer the agent. Vince Cautero called me QT,, said they • wanted to continue. Me wid 6e one of the new agents, but we do not yet • have authorization from the owner. I am expecting a faxfrom the owner by • COB. > I wiff keep you informed. • q- hanks! • Fred > ----- Origina(Yessage ----- > From: kant_e > Sent: JKonday, October 27, 2003 2:17 iT% > 7o: reischf f,• Bifl.Ifoover (E -mail 2)' > Cc: scott d; E(VrfafiWan > Subject: 12E: Nicaea > Tred.• > Norman has spoken with several of the Commissioners and they are > aware of the issues. Comm. Cotetta is particularfy concerned and may ask > for another continuance or even a Pranning 91,foratorium until such time as > this is resolved. > Stay tuned.... > ----- Origina(Yessage ----- > (From: reischl f > Sent: %Ylonday, October 27, 2003 1:10 PM > To: BilDfoover (E -mad 2) > Cc: kant_e, scott d; EC'JrfaliAlan > Subject: Nicaea > Nicaea is stilfon for tomorrow. > I spoke to B~anght Nadeau, representing Bristol (fines aZ he • said there was no movement on the common use of Tree Farm 1kgad. Is Nicaea • now able to use Tree (Farm? > Can Nicaea stitlgo forward if an agreement is not reached? > (Fred 14ischC AICB > 1TrincipalTfanner > 239 - 213 -2921 > fredreisch( @colCiergov. net > <mailto fredreischl @colliergov.net> Patricia L. Morgan From: Martin, Cecilia Sent: Monday, October 27, 2003 4:17 PM To: Reischl, Fred Cc: Minutes and Records Subject: RE: agenda item 8A .Minutes and records ca((ed and said they wou(d need a new advertising sheet, since the agent had changed and any other changes if any should be noted. I need the o(dadvertising sheet from you with the correct agent information and any changes if there are any. I wiffsend up to minutes and records. Thanks. > ----- Origina(9Kessage ----- > From: reisch( f > Sent: 9qf onday, October 27, 2003 3:27T% • To: kant e; Schmittyoseph; murray_s • Cc: scott d; E(Vrfa(iA(an; Johnson c; YeffDavidson; martin c; • o(dham C- Minutes andWgcords; 6rock-m; fzfson s; 6edteCyon ( • Subject: RE. agenda item 8,4 • Jeff Davidson, the project engineer, has requested a continuance unti(the • nett BCC meeting (11118) in order to resolve the transportation issues. > ----- Origina(9Kessage - - - - -- > From: reischf f > Sent: 9Konday, October 27, 2003 2:37 % > To: kant e; Schmitt_7oseph; murray_s > Cc. scott d; E(Vrfa(0IaT johnson c > Su6ject: agenda item 8A > Importance: Yfigh > I was just informed that Nicaea wi((6e continued, BVTI have not > yet receivedwordfrom the owner. > Bi((9foover is no Conger the agent. Vince Cautero caf(ed me e� said > they wanted to continue. Me wi(f be one of the new agents, but we do not > yet have authorization from the owner. I am expecting a fax from the > owner by COB. > I wi((keep you informed. > Thanks! > Fred > ----- Origina(9Kessage ----- > From: kant e > Sent: 91,fonday, October27, 2003 2:17BPY > To: reischl f,• tBiIT Moover (E -mad 2)' < s; > Cc. scott_d; ECVrfaliAlan 80 > Subject: 12E: Nicaea > Fred > Norman has spoken with several of the Commissioners and they > are aware of the issues. Comm. Coletta is particularly concernedandmay > ask for another continuance or even a Blanning Moratorium until such time > as this is resolved. > Stay tuned .... > - - - -- Original Message---- - > From: reischCf > Sent: Monday, October 27, 2003 1:10 T1 R > To: Bill9foover (E -mad 2) > Cc. kant e; scott d,• ECVrfaliAlan > Su6ject: Nicaea > Nicaea is still on for tomorrow. > I spoke to Dwight Nadeau, representing Bristol Pines > eZ he said there was no movement on the common use of Tree Farm (Rgad Is > Nicaea now able to use Tree Farm? > Can Nicaea stillgo forward if an agreement is not > reached > Fred 9Z?ischl, AICB > Principal Blanner > 239 - 213 -2921 > fredreischl @colliergov. net > <mailto.•fredreischl @codiergov. net> 10/28/03 09:24 FAX 9416436968 COLLIER CO COMMUN'TTY 1)RV Oom piaerimg Services Department 2800 North Horseshoe Drive Naples, FWkia34104 (239) 403 -2400 (239) 6438968 or (239) 213.2916 FAX fax m., W011, Fauc: Phone: Pages: RM: CC: OUrgO t O For Revises [3 Please Conwnent ❑ Plsass Reply ❑ Please Recycle •Conwnsnts: 1 10/28/03 09:24 FAX 9416436968 COLLIER CO COMMI "LAITY DFY COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS T%: Clerk to the Board: Please place the following as a: 0002 XXX Normal Legal Advertisement G Other. (Display Adv., location, etc.) Date: Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Gt�.�l'' , Petition No. (If none, give brief description)= PUDZ-2003-AR— Z icaea Academy PUD Petitioner: (Name & Address): Att: Jett Davidson, Davidson- Engineering, Inc., 2154 Trade Center Way, Suite 3, Naples, Fla. 34109 Name & Address of any person(s) to be notified by Clerk's office: Barton and Wendy McIntyre, 2200 Santa Barbara Blvd., Naples, FL 34116, and Joseph Magdalener, 540 Inlet Drive, Marco Island, FL 34145 Hearing before E3 BCC is BZA 0 Other Requested Hearing date 11/18/03 based on advertisement appearing 15 days before hearing. Newspaper(S) to be used: (Complete only if important): XXX Naples Daily News Q Other Cl Legally Required Proposed Text: PUDZ- 2003 -AR -3607, left Davidson, P.E., Davidson Engineering., Inc.,. representing Barton and Wendy McIntyre and Joseph Magdalener, requesting an amendment to the existing PUD zoning (accomplished by rezoning from a "PUD" Planned Unit Development zoning district to another "PUD" Planned Unit Development district known as the Nicaea Academy PUD). The proposed changes to the PUD document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential Lake PUD (RV Park), in Sec ion 26,sTownship 8t South, Range 26 East, Col IiersCounty Florida. Boulevard just south o Crystal This property consists of 119+ acres Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 13 Yes O No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: Approved by: _ _ 1012,J90 epartment. Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS t. Initiating person to complete one copy and obtain Division Head approval before A. For hearings before BCC or BZA: 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: p County Manager agenda file: to 0 Requesting Division 19 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: r / Date Received: �0 03 Date of Public heazing: << I �g D3 Date Advertised: (�! •r it October 30, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2003 -AR -3607, NICAEA ACADEMY PUD Dear Georgia: Please advertise the above referenced notice on Sunday, November 2, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, =6 � Mh Trish Morgan, Deputy Clerk P.O. /Account # 113 - 138312- 649110 H 0. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVEMBER 18, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8626S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLIER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRES1 PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000 -52, THE FORMER NICAEA ACADEMY PUD, AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ- 2003 -AR -3607, Jeff Davidson, P.E., Davidson Engineering, Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting an amendment to the existing PUD zoning (accomplished by rezoning from a "PUD" Planned Unit Development zoning district to another "PUD" Planned Unit Development district known as the Nicaea Academy PUD). The proposed changes to the PUD Document and Master Plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 South, Range 26 East, Collier County Florida. This property consists of 119 + acres. 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 rp for 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. • r Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) County pf Collier J 8 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds October 30, 2003 Joseph Magdalener 540 Inlet Drive Marco Island, FL 34145 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.coWer.fl.us Email- co1Herclerk&clerk.co1Her fl us k, o 0 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Dwight E. Brock 3301 TAMIAMI TRAIL. EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor - Custodian of County Funds October 30, 2003 Barton & Wendy McIntyre 2200 Santa Barbara Boulevard Naples, FL 34116 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Petitioners: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BRRO,CYK, CLERK . d� I ► C1 l� , Patricia L. Morgan Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email - collierclerknclerk.collier.fl.us County -of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 40044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds October 30, 2003 Jeff Davidson Davidson Engineering, Inc. 2154 Trade Center Way, Suite 3 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- 2003 -AR -3607 Dear Mr. Hoover: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl us Patricia L. Morgan 8B To: Georgia (E -mail) Cc: Pam Perrell (E -mail) Subject: Advertising - PUDZ- 2003 -AR -3607 Please run in the newspaper on Sunday, Novem6er 2, 2003. We just received this and it really has to run on Sunday. Thanks so much for all of your help, Trish Minutes e� records PUDZ- 2003 -AR -360 PUDZ - 2003 -AR -360 7(2).doc 7(2).doc Patricia L. From: postmaster @clerk.collier.fl.us Sent: Friday, October 31, 2003 7:50 AM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) ATT210022.bct Advertising - 'UDZ- 2003 -AR -360.. This is an automatically generated(Delivery Status Not fication. Your message has been successfully relayed to the following recipients, but the requesteddefivery status notifications may not be generated by the destination. legals @naplesnews. com paperref( @naplesnews. com Patricia L. Morgan 8B From: System Administrator [postmaster @naplesnews.com] Sent: Friday, October 31, 2003 7:41 AM To: Patricia L. Morgan Subject: Delivered: Advertising - PUDZ- 2003 -AR -3607 LLJ Advertising - 'UDZ- 2003 -AR -360.. «Advertising - 1PV DZ -2003 ,4R- 3607» `Your message To: Georgia (E -mail) Cc: (Pam (Perrell (E -mail) Subject: Advertising - 6PVDZ -2003 ,4R- -3607 Sent: 'Fri, 31 Oct 2003 07.•50.•03 -0500 was delivered to the following recipient(s). legals on Tri, 31 Oct 2003 07.•41:11 -0500 Terrell, (Pamela on Efi, 31 Oct 2003 07.•41:11 -0500 Advertising - PUDZ- 2003 -AR -3607 Patricia L. Morgan From: legals [legals @napiesnews.com] Sent: Friday, October 31, 2003 7:56 AM To: Patricia L. Morgan Subject: RE: Advertising - PUDZ- 2003 -AR -3607 2 days late but my boss said okay to run nov. 2 georgia - - - -- Original Message---- - From: Patricia L. Morgan [ma ilto: Patricia. Morgan @clerk.collier.fl. us] Sent: Friday, October 31, 2003 7:50 AM To: Georgia (E -mail) Cc: Pam Perrell (E -mail) Subject: Advertising - PUDZ- 2003 -AR -3607 Page 1 of 1 • M r (Please run in the newspaper on Sunday, November 2, 2003. We just received this and it really has to run on Sunday. Thanks so much for all of your help, Trish Minutes cZ Records «PUDZ- 2003 -AR- 3607(2). doc» 10/31/2003 «PUDZ- 2003 -AR- 3607(2). doc» Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------- -- +- ---- ---- -- -•-- -- --- - --- -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58748718 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; 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: 11/02 AD SPACE: FILED ON: 178.000 INCH 11/03/03 Signature of Affiant Sworn to and Subscribed before me this S`-.!�k day of _L_4si,) 20 -3 Personally known by me ;� 'ey''• Harriett Bushong :fit• MY COMMISSION # 00234689 EXPIRES as )uy 24, 2007 • oF- Fed; BONDED THRU TROY FAIN INSURANCE, INC NOTICE OF INTENT TO CONSIDER ORDINANCE TOTE: All persons ng to speak on agenda Item must or with the Count "'• Ordinance Is as hRlows: . on any Rem. The Se tion of an Individual AN ORDINANCE AMEND- [NO ORDINANCE NUM- speak on behalf of organization or groul It BER 91.102, THE COLLIER COUNTY LAND DEVELOP- encouraged. rec nized by the Chains MENT CODE WHICH IN CI,UDEC THE WH WHICH IN HRNSIVE ZONING REQU- a spokesperson fo groupp, or organizat may be allotted 10 n LATIONS FOR THE UNIN- utes to speak on gym• CORPORATED AREA OF COLLIER COUNTY FLORI- DA BY AMENDING THE have Persons w or ra8g� OFFICIAL ZONING ATLAS materials Inclined MAP NUMBERED 86 N- BY CHANGING THE ZDN• the Board ,agenda pi ets must submit s CCLASSIFICATION INQ CLASSIFICATION ED THE HEREIN DESCRIBED material a minimum weeks prior to the REAL PROPERTY FROM "PUD" T O " P U D « spective public hear . �., . „�.,?, _ FLORIDA In any case. written FD O LLOCA LE OF C.g P t. VARD CR. 9 .1 PROXIMATELY 1.M14E TIUN zo ivwrt rnr Na wjjj- become a SOUTH en INK jai: nent part of the r PROXIMATELY MA t 119 ACRES; PROVIDING NG FOR Any person who decides toap peal a decision of THE NAN REPEAL OF ORDI• ERRNICCAE the Board will need a re- cord of the proceedings THECFNUM ACADEMY PUD, AND BY pertaining thereto and therefore may need to , PROVIDING AN EFFEC- TIVE DATE. record of the proceed• Ings is made, which re- tion PUD 2 2003-AR- 3607 Jeff Dav on, P.E., cord Includes the tests - mony and evidence Davjdson Eng neering, upon which the appeal Inc., representing Bar- Isbasad. ton and Wen McIntyre and 1 ph agdalener, BOARD OF COUNTY COMMISSIONERS requestln0 an amend•i ment to the existing, COLLIER COUNTY, E PUD zoning (accomplis- FLORIDA hed by PUD" Piam*rozoni nit De• from a ` d `TOM HENNtNQ, CHAIR velopment zoning dis• MAN trict to another PUD" Planned Unit Develop -'' DWIGHT E. BROCK, ment district known as CLERK the Nicaea Academy c The proposed By: /s /Patricia L. Mor- Deputy Clerk changes to the PUD hang plg- ument and Master Plan w111 eliminate •the• uses ; Nov.2 No. 361672' W U a,ww w, a ni mum of 580 reside dwelling units. property to be cm eyed for this razor •,located on the east of Collier Boulevard south of the Cry Lake PUD (RV Park Section 26, Townshl South, Range 26 1 Collier County Flo This property con: of 119 + acres. Copies of the prop are be • ORDINANCE NO. 03- 6 4 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 86265 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NICAEA ACADEMY PUD, FOR PROPERTY LOCATED EAST OF COLLER BOULEVARD (C.R. 951) APPROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 119 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000 -52, THE FORMER NICAEA ACADEMY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Barton and Wendy McIntyre, 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: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to 'PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8626S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 2000 -52, known as the Nicaea Academy PUD, adopted on August 14, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE This Ordinance shall become effective upon filing with the Department of State. revol PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I S'� hday of K16UC�/ y- , 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved a� to'�grin aifcl Legal Sufficielky p� Marjorie I. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMA • 2 • a. NICAEA ACADEMY PUB A PLANNED UNIT DEVELOPMENT PREPARED FOR: BARTON AND WENDY MCINTYRE 2200 Santa Barbara Boulevard NAPLES, FLORIDA 34116 and JOSEPH MAGDALENER 540 INLET DRIVE MARCO ISLAND, FLORIDA 34145 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEVELOPMENT, INC. 3785 AIRPORT ROAD N., SUITE B -1 NAPLES, FLORIDA 34105 and JEFFREY L. DAVIDSON, P.E. DAVIDSON ENGINEERING, INC. 2154 TRADE CENTER WAY, SUITE 3 NAPLES, FLORIDA 34109 DATE FILED January 8, 2003 DATE REVISED May 6. 2003 DATE REVIEWED BY CCPC DATE APPROVED BY BCC — t H � - _ ORDINANCE NUMBER EXHIBIT "A" 9 0 •. TABLE OF CONTENTS TABLE OF CONTENTS PAGE ii LIST OF EXHIBITS iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN 8 SECTION IV PRESERVE AREAS PLAN 12 SECTION V DEVELOPMENT COMMITMENTS 13 • ■ LOA i LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD CONCEPTUAL UTILITY /WATER MANAGEMENT PLAN m1 • w All STATEMENT OF COMPLIANCE The development of approximately 119± acres of property in Collier County, as a Planned Unit Development to be known as the Nicaea Academy PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Nicaea Academy PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. 5. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict, on the Future Land Use Map. The westerly side of the project has 40.7 acres of the project located within the Residential Density Band around the Immokalee Road /Collier Boulevard Activity Center and the remaining 78.3 acres of the project are outside this Residential Density Band. The 250 proposed units and resultant density of 2.1 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: 40.7 Acres for an Urban Proiect Inside a Residential Density Band Base Density 4 dwelling units /acre Residential Density Band +3 dwelling units /acre Maximum Permitted Density 7 dwelling units /acre 78.3 Acres for an Urban Project Outside a Residential Density Band Base Density 4 dwelling units /acre Maximum Permitted Density 4 dwelling units /acre W03-9-1 ELOAM "I Maximum permitted units = 40.7 acres x 7 dwelling units /acre = 285 units plus maximum permitted units = 78.3 acres x 4 dwelling units /acre = 313 units for a total maximum number of 598 dwelling units at a maximum density of 5.03 dwelling units /acre. Requested dwelling units = 250. Requested density = 2.1 dwelling units /acre. 6. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 74 2� SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Nicaea Academy PUD. 1.2 LEGAL DESCRIPTION The subject property being 119± acres is fully described as the South 1/2 of the South 1/2 of the South 1/2 less the west 100 feet thereof; and the South 1/2 of the North 1/2 of the South 1/2 of the South 1/2 less the west 100 feet thereof; all in Section 26, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is owned by Barton and Wendy McIntyre, 2200 Santa Barbara Boulevard, Naples, Florida 34116. The westerly 8 acres of the subject property is under purchase contract by Joseph Magdalener, 540 Inlet Drive, Marco Island, Florida 34145 and the easterly 111 acres of the subject property is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida 34101. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the eastern side of Collier Boulevard just south of the Crystal Lake PUD (unincorporated Collier County), Florida. B. The entire project site currently has PUD Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the Cocohatchee Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Collier Boulevard Canal located along the western property boundary. Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas to 13.0 feet NGVD in the uplands. The average elevation being approximately 3 • 9 2 Ap 12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood elevation undetermined. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25 -year, 3 -day peak flood stage. Water quality pretreatment is proposed in the on -site lake /natural vegetation areas prior to discharge. The water management system will be permitted by South Florida Water Management District ( SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #18- Riveria Fine Sand, limestone substratum, and areas of #16- Oldsmar Fine Sand and #10- Oldsmar Fine Sand, limestone substratum. The site vegetation consists primarily of slash pine, cabbage palm, and cypress trees with upland areas of slash pine and saw palmetto. 1.6 PROJECT DESCRIPTION The Nicaea Academy PUD is a project proposed for a maximum of 250 residential units. 125 dwelling units are authorized to obtain building permits upon the effective date of this Ordinance and the remainder of the 125 dwelling units shall be authorized to obtain building permits upon the completion of C.R. 951 at a six -lane condition. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening /buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the " Nicaea Academy Planned Unit Development Ordinance ". 4 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE i The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Nicaea Academy PUD shall be in accordance with the contents of this Document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate, which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Nicaea Academy PUD shall become part of the regulations, which govern the manner in which the PUD may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 250 dwelling units shall be constructed in the residential areas of the project. 125 dwelling units are authorized to obtain building permits upon the effective date of this Ordinance and the remainder of the 125 dwelling units shall be authorized to obtain building permits upon the completion of C.R. 951 at a six -lane condition. The gross project area is 119± acres. The gross project density shall be a maximum of 2.1 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A ", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock - piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions. • L l A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off -site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A ", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 250 units. 125 dwelling units are authorized to obtain building permits upon the effective date of this Ordinance and the remaining 125 dwelling units shall be authorized to obtain building permits upon the completion of C.R. 951 at a six - lane condition. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Single- family dwellings (includes zero -lot line). 2. Two - family dwellings and duplexes. 3. Multi- family dwellings (includes townhouses and garden apartments). 4. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. Permitted Acr_q--_-_-n, Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Manager's residences and offices, and model units. 8 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Such facilities may be incorporated within the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. 7. Recreational facilities such as boardwalks, walking paths and picnic areas, within any Natural Habitat Area. Such facilities may be incorporated with the Native Habitat Areas upon receipt of all agency permits and only if the clearing for such facilities does not cause the native vegetation acreage to go below 71.15 acres. 8. Supplemental landscape planting within Natural Habitat Areas, after the appropriate environmental review. 9. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Nicaea Academy PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right -of -way, the setback is measured from the adjacent right -of -way line. 2. If the parcel is served by a non - platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports are permitted within parking areas and garages are permitted at the edge of vehicular pavements in multi - family projects. 9 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story Accessory Structure Rear Yard Setback Principal Structure Accessory Structure PUD Boundary Setback Principal Structure Accessory Structure Lake Setback (4) Upland Native Habitat Setback Principal Structure Accessory Structure Wetland Preserve Area Setback Distance Between Structures Main /Principal 1 -Story 2 -Story 3 -Story Accessory Structures Maximum Height: SINGLE - FAMILY 7,000 Sq. Ft. 60' Interior Lots (1) 70' Corner Lots 23' 0' & 12' or both 6' 0' & 15' or both 7.5' Not Applicable 6' 20' 10' 20' 20' 20' 25' 10' 25' 12' 15' Not Applicable 12' TWO- FAMILY 5,000 Sq. Ft. 90' Interior Lots (1) (45')(2) 110' Corner Lots (55')(2) 23' 0' & 12' or both 6' 0'& 15' or both 7.5' Not Applicable 6' 20' 10' 20' 20' 20' 25' 10' 25' 12' 15' Not Applicable 12' MULTI - FAMILY NA NA NA 15' 7.5' 10' 12.5' 6' 20' 10' 20' (3) 10' 20' 25' 10' 25' 15' 20' 25' 12' 0 ■ Principal Building 2 stories with a 2 stories with a 3 stories with a maximum of maximum of 35' maximum of 35' 45' Accessory Building 20' (Clubhouse 35') 20'(Clubhouse 35') 20'(Clubhouse 35') Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 Bedroom = 750 2 Bedroom = 900 3 Bedroom = 1100 (1) May be reduced on cul -de -sac lots and lots on the inside part of curved streets by 25 %. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. (3) All 3 -story buildings shall be set back a minimum of seventy -five (75) feet from the southern and northern PUD boundary lines. (4) Lake setbacks are measured from the control elevation established for the lake. Hi Sq. Ft. Sq. Ft. Sq. Ft. • W B. Off - Street Parking and Loading Requirements: Parking shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Open Space /Natural Habitat Preserve Area Requirements: 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on -site for any residential project. 2. A minimum of 71.15 acres of Natural Habitat Areas or Preserve Areas shall be provided on -site, including both the understory and the ground cover emphasizing the largest contiguous area possible. These Natural Habitat Areas or Preserve Areas shall consist of at least 71.15 acres of native vegetation that is retained on -site as shown on the PUD Master Plan. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. 2. Landscaping and buffering shall be provided per Division 2.4. of the Collier County Land Development Code. E. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences /walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally - designed shingles (such as Timberline). F. Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. • v • SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas may be 100% indigenous native species. 6. Any other use, which is comparable in nature with the foregoing uses and consistent with the permitted uses of this PUD as determined by the Board of Zoning Appeals. 12 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE • A Ail The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit "A ", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 SCHEDULE OF DEVELOPMENT /MONITORING REPORT A site development plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one or two phases. 13 A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitoring_ Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 5.5 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code. C. The developer and its successors and assigns shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. D. Prior to final site development plan approval a right -of -way permit shall be obtained, if required. 5.6 WATER MANAGEMENT A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. A surface water management permit must be obtained from the South Florida Water Management District. D. No clearing or excavation is allowed until proper vegetation removal and excavation permits are obtained. 14 5.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and /or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 01 -57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of Collier County and will be billed by the County in accordance with the County's established rates. 5.8 TRAFFIC The development of this PUD shall be subject to and governed by the following stipulations: A. All traffic control devices and design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT), as amended, and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation (FDOT) - Speed Zoning Manual, as amended, and as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements shall be in place prior to the issuance of the first CO. E. Road Impact Fees shall be paid in accordance with Collier County Ordinance 01 -13, as amended. F. Access to the Nicaea Academy PUD shall be from Tree Farm Road only. Any and all points of ingress and /or egress as shown on any and all plan submittal(s), are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress 15 and /or egress location(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues and roadway capacity problems. G. Any and all median opening locations shall be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under Collier County Transportation Staff authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse effect on the health, safety and welfare of the public. These include, but are not limited to: safety concerns, operational circulation issues and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in /right out condition. Neither will the existence of a point of ingress, egress and /or median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). I. The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. To ensure this the following shall be the minimum requirements provided: 1. Pedestrian Travel Ways: a. On local roadways, sidewalks shall be a minimum of five feet in width. b. On collector and arterial roadways, sidewalks shall be a minimum of six feet in width. 2. Bicycle Travel Ways: a. On local roadway bike lanes are not required. However, it is preferred that travel lanes be a minimum of twelve feet in width so as to accommodate bicyclists. b. On collector and arterial roadways in addition to the vehicular travel lanes bike lanes shall be provided and they shall be a minimum four feet in width when there is curb and gutter and five feet in width when there is no curb and gutter. lot Pedestrian and bicycle travel ways shall be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. J. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developers) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. K. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and /or right turn lane(s), are determined to be necessary, right -of -way and /or compensating right -of -way, shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. L. All work within Collier County rights -of -way shall meet the requirements of the Collier County Right -of -Way Ordinance Number 03 -37, as amended. M. All internal access(es), drive aisle(s), and sidewalk(s), not located within County rights -of -way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff, as a condition of site development plan approval. O. Frontage, midpoint and /or reverse frontage (backside) interconnections) may be required by Collier County Transportation Staff, as a condition of site development plan approval. P. Prior to development of any and all portion(s) of any and all development(s), site development plan approval shall be obtained /received from Collier County Transportation Staff. Q. In the event that Tree Farm Road, a private road, is used for access to the site, the road and bridge crossing of the canal shall be improved to County standards up to the project's entrance points prior to issuance of the first CO. The final access location points shall be approved at the time of site development plan submittal. At this time, the developer shall provide evidence that it can utilize Tree Farm Road for project access pending title search ownership results. R. If a gate is proposed at any and /or all development entrance(s) the gates shall be designed so as not to cause vehicles to be backed up onto any and all adjacent roadways. To ensure this result the following shall be the minimum requirements: 1. The minimum throat depth from the nearest intersecting roadway edge of pavement shall be no less than 100 feet to the key pad /phone box for the proposed gate(s). 2. A turn around area of sufficient width and inside turning radii shall be provided between the aforementioned key pad /phone box and the proposed gate(s). S. The southernmost 40 feet of the parcel shall be reserved for right -of -way and shall be deeded to Collier County, at no cost to Collier County, within 90 days of receipt of notification by the Collier County Transportation Services Department that the property is needed for the purpose of providing a right -of -way for Tree Farm Road improvements. T. To assure maximum safety and mobility along the CR 951 corridor and to achieve maximum access potential for individual properties, Transportation Services Staff recommends that the developer of this property pursue a mutual agreement with neighboring property owners to gain access via Tree Farm Road. Transportation Staff will support a full median opening at the intersection of CR 951 and Tree Farm Road or near by alternate location at such time as the adjoining property owners agree to dedicate the necessary right -of -way and construct Tree Farm Road in accordance with County standards from the East side of the Collier Boulevard Canal to one half mile east of Collier Boulevard. OP 5.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. If interconnections to existing and future developments are provided, the interconnection shall include sufficient right -of -way to accommodate the roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be constructed concurrently with the roadway. C. Sidewalks shall connect on -site multifamily residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right -of- way line in accordance with Subsection 3.2.8.3.17 of the Land Development Code. Should a two - directional shared use path be utilized, the minimum paved width shall be 10 feet. 5.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. The developer shall comply with the guidelines and recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding impacts to protected wildlife species. C. An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site development plan /construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation /preservation areas. D. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. 19 In the event the project does not require platting, all conservation areas shall be recorded as conservation /preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. E. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places, and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and shall be subject to review and approval by the Environmental Services Staff. F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted to Environmental Services Department Staff prior to final plat/construction plan approval. H. This PUD shall be consistent with the Environmental portions of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Land Development Code in effect at the time of final development order approval. 20 R 0 1� y tip 0 b EX OTA MMUM W APARIIOfA E) tMQ COWER BLVD. C.R. 951 . • . Ise, .......... siQ s�A � � • ' . v • 6 PUromm DAVIDSON ENGl&JLR/NGZIN 2164 TRADE CENM WAY. SU PHONE (139) 9974916 PAX iM) M Y4194 COMPANY NI. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003 -64 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of November, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board' of '- -,;y' "" County Commissio}Rei�i5�'-'•��,1; 't� By: Ann Jenne'. Deputy sr 0 1 COLLIER COUNTY FLORIDA flik REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS AOF 08C '10.40" To: Clerk to the Board: Please place the following as a: la XXX Normal legal Advertisement [] Other (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Randall Cohen Date: 10/13/03 Petition No. (If none, give brief description): n/a Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) n/a Hearing before XXX BCC BZA Other Requested Hearing date: 10/28/03 Based on advertisement appearing 10 days before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM PAYMENT AMOUNT; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 001- 138760 - 649100 Re Approved by: Randall Cohen, Section Manager Date l List Attachments: Advanced Broadband Infrastructure Investment Ordinance County Manager 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 tile: 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 ONLY: Date Received: -Lo 4 j3 03 Date of Public hearing: 10 2$ 03 Date Advertised: 6* vi ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM PAYMENT AMOUNT; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry development or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, advanced broadband infrastructure enabling high speed internet connectivity will give local businesses the ability to compete more efficiently on a national and global scale thus increasing the likelihood for local business expansion opportunities and increasing employment opportunities for Collier County residents; and WHEREAS, advanced broadband infrastructure and high speed internet connectivity has become a crucial component in day -to -day business operations; and WHEREAS, an Advanced Broadband Infrastructure Investment Program will serve the purpose of enhancing Collier County's economic diversification efforts by encouraging the investment in advanced broadband technology and services by the private sector thus making Collier County a more desirable place for business expansion or relocation and diversifying the County's tax base; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact an ordinance such as this that serves a valid public purpose; and Page 1 of 6 Words stwsk thmugb are deleted, words underlined are added WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE V. ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Section 49 -50. Applicability. This article applies to the unincorporated area of Collier County Florida and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49 -51. Purpose. The purpose of this article is to: 1) establish an Advanced Broadband Infrastructure Investment Program for the purpose of enhancing Collier County's economic diversification efforts: (2) provide for the economic well being of Collier County residents by providing better opportunities for high -wage employment in Collier County; (3) lessen the seasonal cycle of Collier County's economy and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49 -52. Specific Definitions. When used in this article, the following terms have the meaning stated unless the context clearly indicates otherwise: A. "Average Wane" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC). and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Broadband" means high speed digital data rate transfer typically associated with digital data rates of 10 megabits per second and higher* broadband is capable of accommodating all media including voice data and video transfer. Page 2 of 6 Words stFask -tluGUqh are deleted, words underlined are added Oo,m 8C C. "Advanced Broadband Infrastructure" means the components of network architecture consisting of physical cable plant and /or a wireless technology platform and associated customer premise end equipment (CPE) and structured wiring required to support broadband data transfer, which can provide mechanisms for providing specified quality of service (QoS) levels specified by the end user. D. "Customer Premise Equipment (CPE)" means the electronic equipment located on the premises of the end user required to support advanced broadband services. E. "Structured Wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services. F. "Quality of Service (QoS)" means those requirements which are determined by applications employed by the end user. Section 49 -53. Advanced Broadband Infrastructure Investment Program. General Requirements. Pursuant to the provisions set forth in this section the County establishes an Advanced Broadband Infrastructure Investment Program Providing payments (hereinafter the "payment ") to offset the costs associated with the installation or upgrade of advanced broadband infrastructure in commercial and industrial buildings to encourage the relocation and/or expansion of high -wage targeted industries. The payment is a local option economic incentive for new or upgraded advanced broadband infrastructure projects that may be approved at the sole discretion of the Board. A. Application Process. Any business owner seeking eligibility through the Advanced Broadband Infrastructure Investment Program will file an Application with the County Manager requesting participation in the program The Application will be filed prior to the business owner making the decision to invest in the advanced broadband infrastructure The Application must contain the following: 1. The name and address of the business Owner• and 2. A current and complete legal description of the site upon which the project is proposed to be located: and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS): and 4. The total cost incurred by the business to enable broadband services including but not limited to: a) charges assessed by the service Provider for establishing and /or extending the service provider's broadband infrastructure, and b) customer premise equipment and structured wiring required to support broadband services; and 5. The date (month and year) when the project will be substantialiv complete. Page 3 of 6 Words skusk tkFeugh are deleted, words underlined are added 8C B. Agreement. If the proposed project meets the requirements under the Advanced Broadband Infrastructure Investment program as set forth in this article, the Board may approve an agreement granting participation by, and Payments to, a business owner. No precedent is to be implied or inferred by such payments to a new or expanding business. Applications for participation will be considered by the Board on a case -by -case basis for each application. Section 49 -54. Implementation. A. The total value of payments to be approved under this Advanced Broadband Infrastructure Investment Program will be the cost of the eligible business project's system installation or upgrade, up to a maximum of $25,000. The business is eligible to be paid an amount not to exceed $8,400 per year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the County Manager. B. The eligible business will notify the County Manager, in writing, once the broadband infrastructure installation is complete. The County Manager will verify project completeness and obtain a copy of all invoices detailing costs related to such proiect. The business will pay, or have already paid, its tax bill in full to the Tax Collector's Office annually on or before the date it is finally due. Under this program, applicants are not eligible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem tax payment receipt to the County Manager verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program Upon receipt and verification of compliance with the terms of this Article and corresponding approved Agreement, payment to the applicant will be authorized within 60 days. C. Improvements to real property made before the Board approves the initial agreement described below will not be eligible for payment. Additionally, Payment will only be based upon the amount of broadband infrastructure expenditures, as set forth above. D. The eligible business under the Advanced Broadband Infrastructure Investment Program must enter into an Advanced Broadband Infrastructure Investment Program Agreement (the Agreement) with the County, and the Agreement must provide for, at a minimum the following and include any Provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the proiect or development. 2. Neither the requirement for payment nor the Agreement providing for such payment, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the County. Approved Agreements will run with the land. 3. Approved agreements must be recorded in the Official Records of Collier County at no cost to the County. Page 4 of 6 Words StFUGk thFOUgh are deleted, words underlined are added �M ,ay� E. If the property which is subject to an approved Agreement is delinquent in i the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance to be paid under this Advanced Broadband Infrastructure Investment Program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. F. Criteria. An eligible proiect under this program is one that meets the following criteria: 1. is located on commercially or industrially zoned property in Collier County where a business owner: a. constructs a new commercial or industrial development for the purpose of leasing or selling those parcels of land: or b. constructs a new building or renovates or expands an existing building: and 2. that business owner uses or leases such development or building which is proposed to contain Advanced Broadband Infrastructure. G. Termination The provisions of this article will expire and be void on October 1. 2008, unless continued by a vote of the Board of County Commission prior to this date. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. Page 5 of 6 Words struck 1hFough are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of 8C Collier County, Florida this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 6 of 6 Words stFUGk t Fough are deleted, words underlined are added • October 14, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE REGARDING BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Dear Georgia: Please advertise the above referenced notice on Friday, October 17, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 001 - 138760 - 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 28, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE1 PROVIDING FOR APPLICABILITY AND PURPOSEy PROVIDING SPECIFIC DEFINITIONSy PROVIDING A MAXIMUM PAYMENT AMOUNTI PROVIDING FOR IMPLEMENTATION OF THE PROGRAMy PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCESy PROVIDING FOR CONFLICT AND SEVERABILITYj PROVIDING FOR AN EFFECTIVE DATEI AND PROVIDING FOR A TERMINATION DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) Patricia L. Morgan To: Georgia (E -mail) Subject: Advertising - Ord Re: Broadband Infrastructure Investment Program Tease run the attached ad on Friday, October 17, 2003. 'Thanks, Trish Minutes e� I§cords ORD.BROADBAND ORD.BROADBAND NFRASTR.INVEST... NFRASTR.INVEST... Patricia L. Morgan From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, October 14, 2003 3:34 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) ATT518357.bct Advertising - Ord Re: Broadban... this is an automatically generatedDelivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legafs @napfesnews. com Patricia L. Morgan From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 14, 2003 3:24 PM To: Patricia L. Morgan Subject: Delivered: Advertising - Ord Re: Broadband Infrastructure Investment Program LLLJ Advertising - Ord Re: Broadban... «Advertising - Order: Broad6andlnfrastructure Investment (Program>> Your message 7o: Georgia (E -main Subject: Advertising - Ord (4: Broad6and Infrastructure Investment Program Sent: 7ue, 14 Oct 2003 15.•34:19 -0400 was delivered to the following recipient(s): legals on 7ue, 14 Oct 2003 15.-24:16 -0400 Advertising - Ord Re: Broadband Infrastructure Investment Program Patricia L. Morgan From: legals [legals @napiesnews.com] Sent: Tuesday, October 14, 2003 3:46 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord Re: Broadband Infrastructure Investment rcvd to run oct 17 georgia - - - -- Original Message---- - From: Patricia L. Morgan [ma i Ito: Patricia. Morgan @clerk.collier.f 1. us] Sent: Tuesday, October 14, 2003 3:34 PM To: Georgia (E -mail) Subject: Advertising - Ord Re: Broadband Infrastructure Investment Program Tease run the attached ad on Friday, October 17, 2003. Thanks, Trish Minutes e� Records <<ORD.BROADBAND INFRASTR.INVEST.PROG(1).doc>> INFRASTR. INVEST. PROG(1). dot>> 10/14/2003 <<ORD. BROADBAND f r Page I of I Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ---------------------------------------------- +--------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 001138760649 58738751 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; 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: 10/17 AD SPACE: 132.000 INCH FILED ON: 10/17/03 ------------------------ Signature of Affiant Sworn to and Subscribed before me this � ay of 20 03 Personally known by me Harriett Bushong MYCOMMISSION# DD234689 EXPIRES eo luy 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC. kny ,arson as to appeal rectohrdeoof he proce Ings p ertaining the V ,- and d1eeforeaavtnsurrethat ery tim record of the ppro- ceedings Is made whichi record Includes the tes- timony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK,' CLERK By: 2i p/upty Cleric L. Mor Oct. 17 No. 330537 iotice IS nor hat on Tues, )or 28, 200 loardroom 4dministratfo olller Couni ment Center, ramiaml Tra Florida, the county Com will consider nance.ofTheCI commence a The title of tl ordinance is r copies of the prop withnthe Clerk to Board Isapectlon All ested parties are Ir to attend and be hea NOTE: All parsons ing to speak on agenda item must ter with the Count on any Item. The selec -I tlon of an Individual to speak on behalf of an organization or group Is encouraged. if recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an i Item. Persons wishing to have written or graphic sI' materials Included ins e Bus sipsid ro ubmta matertal a minimum of 31 weeks prior to the re- spective public hearing•I epubllic hearing r All mae teriai used In presenta- tions before the Board will et part of the record a /,.`_ ^ who decld- 8 ORDINANCE NO. 2003 - 5 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND INFRASTRUCTURE; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM PAYMENT AMOUNT; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry development or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, advanced broadband infrastructure enabling high speed internet connectivity will give local businesses the ability to compete more efficiently on a national and global scale thus increasing the likelihood for local business expansion opportunities and increasing employment opportunities for Collier County residents; and WHEREAS, advanced broadband infrastructure and high speed internet connectivity has become a crucial component in day -to -day business operations; and WHEREAS, an Advanced Broadband Infrastructure Investment Program will serve the purpose of enhancing Collier County's economic diversification efforts by encouraging the investment in advanced broadband technology and services by the private sector thus making Collier County a more desirable place for business expansion or relocation and diversifying the County's tax base; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact an ordinance such as this that serves a valid public purpose; and Page 1 of 6 Words 6tFurk thFough are deleted, words underlined are added WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE V. ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM Section 49 -50. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49 -51. Purpose. The purpose of this article is to: 1) establish an Advanced Broadband Infrastructure Investment Program for the purpose of enhancing Collier County's economic diversification efforts; (2) provide for the economic well being of Collier County residents by providing better opportunities for high -wage employment in Collier County; (3) lessen the seasonal cycle of Collier County's economy: and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49 -52. Specific Definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: A. "Average Wage" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Broadband" means high speed digital data rate transfer typically associated with digital data rates of 10 megabits per second and higher; broadband is capable of accommodating all media, including voice, data, and video transfer. Page 2 of 6 Words stFUGk thFough are deleted, words underlined are added [I C. "Advanced Broadband Infrastructure" means the components of network architecture consisting of physical cable plant and /or a wireless technology platform and associated customer premise end equipment (CPE) and structured wiring required to support broadband data transfer, which can provide mechanisms for providing specified quality of service (QoS) levels specified by the end user. D. "Customer Premise Equipment (CPE)' means the electronic equipment located on the premises of the end user required to support advanced broadband services. E. "Structured Wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services. F. "Quality of Service (QoS)" means those requirements which are determined by applications employed by the end user. Section 49 -53. Advanced Broadband Infrastructure Investment Program. General Requirements. Pursuant to the provisions set forth in this section, the County establishes an Advanced Broadband Infrastructure Investment Program providing payments (hereinafter the "payment ") to offset the costs associated with the installation or upgrade of advanced broadband infrastructure in commercial and industrial buildings to encourage the relocation and /or expansion of high -wage targeted industries. The payment is a local option economic incentive for new or upgraded advanced broadband infrastructure projects that may be approved at the sole discretion of the Board. A. Application Process. Any business owner seeking eligibility through the Advanced Broadband Infrastructure Investment Program will file an Application with the County Manager requesting participation in the program. The Application will be filed prior to the business owner making the decision to invest in the advanced broadband infrastructure. The Application must contain the following: 1. The name and address of the business Owner; and 2. A current and complete legal description of the site upon which the project is proposed to be located: and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The total cost incurred by the business to enable broadband services, including but not limited to: a) charges assessed by the service provider for establishing and /or extending the service provider's broadband infrastructure, and b) customer premise equipment and structured wiring required to support broadband services; and 5. The date (month and year) when the project will be substantially complete. Page 3 of 6 Words 6tFUGk through are deleted, words underlined are added LPI B. Agreement. If the proposed proiect meets the requirements under the Advanced Broadband Infrastructure Investment program as set forth in this article the Board may approve an agreement granting participation by, and payments to a business owner. No precedent is to be implied or inferred by such payments to a new or expanding business. Applications for participation will be considered by the Board on a case -by -case basis for each application. Section 49 -54. Implementation. A. The total value of payments to be approved under this Advanced Broadband Infrastructure Investment Program will be the cost of the eligible business project's system installation or upgrade, up to a maximum of $25,000. The business is eligible to be paid an amount not to exceed $8,400 per year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the County Manager. B. The eligible business will notify the County Manager, in writing, once the broadband infrastructure installation is complete. The County Manager will verify proiect completeness and obtain a copy of all invoices detailing costs related to such proiect. The business will pay, or have already paid, its tax bill in full to the Tax Collector's Office annually on or before the date it is finally due. Under this program, applicants are not eligible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem tax payment receipt to the County Manager verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program. Upon receipt, and verification of compliance with the terms of this Article and corresponding approved Agreement, payment to the applicant will be authorized within 60 days. C. Improvements to real property made before the Board approves the initial agreement described below will not be eligible for payment. Additionally, payment will only be based upon the amount of broadband infrastructure expenditures, as set forth above. D. The eligible business under the Advanced Broadband Infrastructure Investment Program must enter into an Advanced Broadband Infrastructure Investment Program Agreement (the Agreement) with the County, and the Agreement must provide for, at a minimum, the following and include any provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the proiect or development. 2. Neither the requirement for payment nor the Agreement providing, for such payment, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the County. Approved Agreements will run with the land. 3. Approved agreements must be recorded in the Official Records of Collier County at no cost to the County. Page 4 of 6 Words stFUGk tkr-oug# are deleted, words underlined are added [I� E If the property which is subiect to an approved Agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period then any outstanding balance to be paid under this Advanced Broadband Infrastructure Investment Program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. F Criteria An eligible project under this program is one that meets the following criteria: 1. is located on commercially or industrially zoned property in Collier County where a business owner: a. constructs a new commercial or industrial development for the purpose of leasing or selling those parcels of land; or b. constructs a new building or renovates or expands an existing building; and 2. that business owner uses or leases such development or building which is proposed to contain Advanced Broadband Infrastructure. G. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word `ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. Page 5 of 6 Words StFUGk thr-eag# are deleted, words underlined are added 8C PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of Lftff1bey-- , 2003. ATT" tT: BOARD OF COUNTY COMMISSIONERS DWG�H E: PRO K, Clerk OF COLLIER COUNTY, FLORIDA -sy: �?, Vii' H u Jerk By: Yom He ning, Cha Approved as to form and I 7, sufri ncy: P " lyric- 015. Wh-ite Assistant County Attorney Page 6 of 6 Words stFuGk thFough are deleted, words underlined are added STATE OF FLORIDA) 8C 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 and correct copy of: ORDINANCE 2003 -59 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to'- BQar -d- df ✓,;,, County Commissioners ,� By: Ann Jenr, e3 ohrr, Deputy 'CZ -erk'' Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ------------------------------------------------ +--------------------- - - - - -- Signature of Affiant Sworn to and Subscribed before me this .�ll ay of - 20 Ora Personally known by me `�� , �dX �J _ ,,,;d 'P� • Harriett Bushong =q...... e4c MY COMMISSION # DD234689 EXPIRES ;.. ., July 24, 2007 •;«e?� BONDED THRU TROY FAIN INSURANCE, INC. ekny 1,tssrpspoen� of tfie �tll record of the proceed- Ingspertaining thereto and therm that may verba- tim record of the pro- ceedings Is made which. record Includes the tes- timony and evidence upon which the appeal is based. BOARD OF POUNTY COMMISSIONER COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK,' CLERK By: / lerk L. Mor OctD1/ No. 338M on any hem. The selec•I tion of an individual to, speak on behalf of an organization or group Is encouraged. 1 recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. Persons wishing to have written or graphic Innterlals Included in the Board agenda pack - materialsa minimum of 31 weeks prior to the re- spective public hearing. In an a dedo etmb s prior to oerina. All CONSIDER DRVInM 1%, n Notice Is hereby Vvecto- that on Tuesday, BOARD OF COUNTY COMMISSIONERS ber 28, 2003, In the Boardroom 3rd Floor,, Building,. CHERI LEFARA PO BOX 413016 Administration Collier County Govern. Tent Center, 3301 East NAPLES FL 34101 -3016 Tamlaml Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a County Drdl- The meeting will REFERENCE: 001230 001138760649 nance. commence at 9:00 A.M. asfollows: 58738751 NOTICE OF INTENT TO OrdinRance1 State of Florida AN ORDINANCE OF THE BOARD COUNTY County of Collier Before the undersigned authority, personally COMMISSI ONERS OF COLLIER COUNTY FLORI- ESTABLISHfNG AN eared B. Lamb who on oath says that she serves pp , y as Assistant Corporate Secretary of the Naples DA, ADVANCED BROADBAND INFRASTRUCTURE IN - DaiLy News, a daily newspaper ublished at Naples, VESTMENT PROGRAM (PROGRAM) AVAILABLE in CoLLier County, Florida: that the attached TO ELIGIBLE BUSINESSES To ENCOURAGE PRIVATE copy of advertising was published in said SECTOR INVESTMENT newspaper on dates listed. Affiant further says that the said Naples Daily D ADVANCED BROADBAND INFRASTRUCTURF• PRO- VIDING FOR AP�LICA- News is a newspaper published at Naples, in said BILITY AND PURPOSE; Collier County, Florida, and that the said newspaper has heretofore been continuously PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM PAYMENT published in said Collier County, Florida, each AMOUNT; PROVIDING day and has been entered as second class mail FOR IMPLEMENTATION OF THE PROGRAM' PRO - matter at the post office in Naples, in said FOR INCLUSION CoLLier County, Florida, for a period of 1 year next preceding the first publication of the OFLAOS IN THE CODE OF LAWS IN THE -AND ORDINANCES' PRO- V IN FOR corl attached copy of advertisement; and affiant ND S ATY; A EVER BILITY: further says that she has neither paid nor PROVIDING FOR AN EF- FECTIVE DATE; AND promised any person, firm or corporation any discount, rebate, commission or refund for the PROVIDING FOR A TER MINATION DATE. purpose of securing this advertisement for Copies of the proposed publiction in the said newspaper. Ordinance are on file PUBLISHED ON: 10/17 with the Clerk to the Board and are available vi eeted paiess arIn d spte to attend and be heard. NOTE: All persons wlsh- Ing to speak on any agenda Item must regis- ter with the County ad• AD SPACE: 132.000 INCH minlstIon prior t_ FILED ON: 10/17/03 J , ---------- se Matian ends --------- --- --- - - -- -- of t�l�� spa Signature of Affiant Sworn to and Subscribed before me this .�ll ay of - 20 Ora Personally known by me `�� , �dX �J _ ,,,;d 'P� • Harriett Bushong =q...... e4c MY COMMISSION # DD234689 EXPIRES ;.. ., July 24, 2007 •;«e?� BONDED THRU TROY FAIN INSURANCE, INC. ekny 1,tssrpspoen� of tfie �tll record of the proceed- Ingspertaining thereto and therm that may verba- tim record of the pro- ceedings Is made which. record Includes the tes- timony and evidence upon which the appeal is based. BOARD OF POUNTY COMMISSIONER COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK,' CLERK By: / lerk L. Mor OctD1/ No. 338M on any hem. The selec•I tion of an individual to, speak on behalf of an organization or group Is encouraged. 1 recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. Persons wishing to have written or graphic Innterlals Included in the Board agenda pack - materialsa minimum of 31 weeks prior to the re- spective public hearing. In an a dedo etmb s prior to oerina. All COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS FAO R10' To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.ServJPlanning Person: Randall Cohen Date: 10/13/03 Petition No. (If none, give brief description): n/a Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) n/a Hearing before XXX BCC BZA Other Requested Hearing date: 10/28/03 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: 'AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE TARGETED HIGH -WAGE COMPANIES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT, PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 001 - 138760 - 649100 Re vt y' Approved by: RanKII Cohen, Sec on Manager Date County Manager Date List Attachments: Job Creation Investment Program 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 ONLY: Date Received: l0 ( �03. Date of Public hearing: -10A60 Date Advertised: t0 I�1 p3 I ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE TARGETED HIGH -WAGE COMPANIES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities and thus offering increased employment opportunities for Collier County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Page 1 of 6 Words StFUGk thr4ough are deleted, words underlined are added SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE III JOB CREATION INVESTMENT PROGRAM Section 49 -30. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VI II, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49 -31. Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects: (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County: (3) lessen the seasonal cycle of Collier County's economy: and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifying the County's tax base. Section 49-32. Specific Definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise. A. "Average Wage" is the annual rate paid to private- sector employees within Collier County, from highest pay rate to lowest pay rate divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adiacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that designation given to qualifying economic development proiects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation: the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Page 2 of 6 Words stsask thFeugh are deleted, words underlined are added Zone boundaries, a designation by the State of Florida, pursuant to 80 Section 290.001- 290.016, Florida Statutes, pursuant to Section 290.001- 290.016, Florida Statutes:. E. "Targeted Industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: Aviation, Information Technology, Biomedical, Manufacturing, Corporate Headquarters, Research and Development, Wholesale Trade and Distribution, and businesses locatinq or expanding within the Rural Federal Enterprise Community. Section 49 3. Job Creation Investment Program. A. General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Job Creation Investment Program for the payment of costs associated with the relocation and /or expansion of targeted projects, including but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and/or existing facility improvements. These projects may include commercial, industrial, and technology park land uses. B. Application Process. Any person seeking eligibility and payment through the Job Creation Investment Program will file with the County Manager an Application for payment prior to making the decision to locate or expand within Collier County. The Application must contain the following: 1. The name and address of the business Owner: and 2. A current and complete legal description of the site upon which the project is proposed to be located: and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS): and 4. The number of full -time lobs to be created and, if applicable, retained as a result of the project: and 5. The average wage of those iobs created and retained: and 6. The total capital investment of the expansion or relocation project, including land, building, and equipment costs: and 7. The date (month and year) when the new lobs will be in place. If the proposed project meets the requirements for payment under the Job Creation Investment Program as set forth in this article, the County Manager is authorized to enter into an agreement with the business Owner. After the specified new iobs are in place within the pre- determined time frame, the company will complete and submit to the County Manager a Request for Funds, along with documentation that the stated jobs are in place. At the beginning of each county fiscal year, Page 3 of 6 Words GtFUGk tbFough are deleted, words underlined are added followinq the date the newly created iobs are in place and verified by the 80 County Manager, -general revenue funds will be set aside under the Job Creation Investment program. Section 49 -34. Implementation. A. Under this Job Creation Investment Program, the eligible company located within Eastern Collier County may be awarded $2,000 per new full -time Gob created, with a minimum of ten (10) new full -time iobs to be created: or the eligible company may be awarded $3,000 per full -time Gob created if the project is located within the Enterprise Community, with a minimum of five (5) new Gobs created: or, as approved by the sole discretion of the Board., a company may be awarded $2,000 per fob created within a High Impact area, with a minimum of 20 new iobs created. Any award under this program is subject to funding availability. If a company also participates in the State of Florida Qualified Targeted Industry (QTI) tax incentive program, and is approved to participate in this Job Creation Investment Program, the company will be eligible for only $1,000 per new Gob created regardless of its location within Collier County. The funds will be paid, based on the number of new full -time Gobs created, in equal amounts over a three -year time period. B. The eligible business under the Job Creation Investment Program will enter into a Job Creation Investment Program Agreement (the Agreement) with the County, and the Agreement must provide for, as a minimum, the following and will include any provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the development. 2. Neither the payment of funds, nor the Agreement providing for the payment of funds, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the County. 3. In the event the non - County party is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement or declare that the grant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attomey's fees and costs, incurred by the County in enforcing the Agreement, plus interest at the then maximum statutory rate for final Gudgments, calculated on a calendar day basis until paid. 4. The Agreement must be recorded in the Official Records of Collier County at no cost to the County. Page 4 of 6 Words stFUGk t#areagh are deleted, words underlined are added D. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Section 49-35. Program Eligibility Criteria. To be considered eligible for approval under this Program, a business or project must meet the criteria of one of the following categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Tvpe of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of ten (10) new full -time jobs: and c. The newly created mobs pay an average wage of at least 115% of the County's current private- sector average wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Creates a minimum of five (5) new full -time bobs: and b. The newly created jobs pay an average wage equal to or greater than 50% of the County's current private- sector average wage. 3. Be a High Impact proiect and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of twenty (20) new full -time lobs: and c. The newly created mobs pay an average wage equal to or greater than 150% of the County's current private - sector average wage. d. Each application for program participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. Page 5 of 6 Words StFUGk thFGU@h are deleted, words underlined are added Ulm SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. However, funding will not be available until after 10/1/03. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 6 of 6 Words stwsk thFOUgh are deleted, words underlined are added • 1.�!, October 14, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE REGARDING JOB CREATION INVESTMENT PROGRAM Dear Georgia: Please advertise the above referenced notice on Friday, October 17, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, ,! ' ,• Trish Morgan, Deputy Clerk P.O. /Account # 001 - 138760- 649100 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 28, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE TARGETED HIGH -WAGE COMPANIES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS? PROVIDING FOR APPLICABILITY AND PURPOSE? PROVIDING FOR A MAXIMUM AWARD AMOUNT? PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS? PROVIDING PROGRAM ELIGIBILITY CRITERIA? PROVIDING FOR IMPLEMENTATION OF THE PROGRAM? PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES? PROVIDING FOR CONFLICT AND SEVERABILITY? PROVIDING FOR AN EFFECTIVE DATE? AND PROVIDING FOR A TERMINATION DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN �i DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) .�i Patricia L. Morgan To: Georgia (E -mail) Subject: Advertising - Ord Re: Job Creation Investment Program Please run the attached ad on Friday, October 17, 2003. ,Thanks, Trish ifinutes cT, 4cords ORD.JOB ORD.JOB MON INVEST.PRO( MON INVEST.PRO( Patricia L. Morgan 80 From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, October 14, 2003 3:09 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) ATT518109.bct Advertising - Ord Re: Job Crea... Thu is an automatically generated Detivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. tegafs@naptesnews. com Patricia L. Morgan 80 f Y From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 14, 2003 2:58 PM To: Patricia L. Morgan Subject: Delivered: Advertising - Ord Re: Job Creation Investment Program Li Advertising - Ord Re: Job Crea... «Advertising - Ord 12g: ,fob Creation Investment 1Trogram>> Tour message 7o: Georgia (E -mail) Subject: Advertising - Ord Re: ,fob Creation Investment Trogram Sent: 7ue, 14 Oct 2003 15.-08:34 -0400 was delivered to the following recipient(s). lega(s on 7ue, 14 Oct 2003 14:58:28 -0400 Advertising - Ord Re: Job Creation Investment Program Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Tuesday, October 14, 2003 3:39 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord Re: Job Creation Investment rcvd to run oct 17 georgic - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan @clerk. col Iier.fl.us] Sent: Tuesday, October 14, 2003 3:09 PM To: Georgia (E -mail) Subject: Advertising - Ord Re: Job Creation Investment Program (Please run the attached ad on Triday, October 17, 2003. Thanks, Trish Alinutes e� Records Page 1 of 1 <<ORD.JOB CREATION INVEST. PROG(1).doc>> <<ORD.JOB CREATION INVEST.PROG(1).dot>> 10/14/2003 Signature of Affiant Sworn to and Subscribed before me this Personally known by me of 2003 =0�� "•`•' "�e��; Harriett Bushong _.: .- MYCOMMISSION# DD234689 EXPIRES July 24, 2007 "'';•or".??' BONDED THRU TROY FAIN INSURANCE, INC rwL.w'u ui tilt ytv,:eeJ- Ings pertaining thereto and therefore, may need to ensure that a verba- tim record of the pro- ceedings Is made which record Includes the tes- timony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Mor- �Deputy Clerk No. 3385261 on any Item. TI tlon of an Indiv speak on beha organization- or- encouraged. 11 nized by the CI a spokesperso groupp or orgal may m allotted uutees to speak on a ersons wlshin sve written or gr Iaterlals include a Any person who del es to appeal a decis of the Board will nee 0 Naples Daily News Naples, FL 34102 NOTICE OF INTENT TO Affidavit of Publication CONSIDER ORDINANCE Naples Daily News - - -- -- Notice is hereby given ------------------------------------- --- --- -- ---- ----- --- ----- that on Tuesday Octo- ber 28, 2003, in the Boardroom 3rd floor, Administration Bull ding, Collier County Govern- ment Center, 3303 East BOARD OF COUNTY COMMISSIONERS Taml amlami Trail Naples Eoard CHERI LEFARA Florida, the of PO BOX 413016 will considerrmthe enact NAPLES FL 34101 -3016 ment of a County Ordl- nance. The meeting will commence at 9:00 A.M. The i Ordinance ads follows: AN ORDINANCE OF THE REFERENCE: 001230 001138760649 BOARD OF COUNTY 58738747 NOTICE OF INTENT TO COMMISSIONERS OF COLLIER COUNTY, FLORI- DA CREATION IINVEST. State of Florida J6 MENT PROGRAM AVAIL- County of Collier ABLE TO ELIGIBLE TAR - Before the undersigned authority, personally GETED HIGH -WAGE appeared B. Lamb, who on oath says that she serves COMPANIES TO MITI - GATE THE ECONOMIC as Assistant Corporate Secretary of the Naples EFFECTS OF INCREASED Daily News, a daily newspaper published at Naples, DEVELOPMENT FEES in Collier County, Florida: that the attached EXPANSIOCN RELOCATION copy of advertising was published in said PROVIDING FOR APPLI- newspaper on dates listed. CABILITY AND PURPOSE; PROVIDING FOR A MAXI - Affiant further says that the said Naples Daily MUM AWARD AMOUNT; News is a newspaper published at Naples, in said PROVIDING SPECIFIC CoLLier Count , Florida, and that the said County, DEFINITIONS FOR ECO- NOMCC DEVELOPMENT E newspaper has heretofore been continuously TERMS; PROVIDING PRO - published in said Collier County, Florida, each GRAM ELIGIBILITY CRI- TERIA PROVIDING FOR day and has been entered as second class mail IMPLEMENTATION OF matter at the post office in Naples, in said THE PROGRAM;PROVID- COLLier County, Florida, for a period of 1 year ING FOR INCLUSION IN THE CODE OF LAWS AND next preceding the first publication of the ORDINANCES; PROVID- attached Copy of advertisement; and affiant ING FOR CONFLICT AND BIAN further says that she has neither paid nor INGFO ING FOR AN EFFECTIVE PROVID- promised any person, firm or corporation any DATE; AND PROVIDING FOR A TERMINATION discount, rebate, Commission or refund for the DATE• purpose of securing this advertisement for Copies of the proposed publiction in the said newspaper. Ordinance are on file with the Clerk to the PUBLISHED ON: 10/17 Board and are available for Inspection. All Inter - ested parties are Invited to attend and be heard. NOTE: All persons wish- ing to speak on any nwith the AD SPACE: 137.000 INCH tear County ad- ministrator pNor to p re - FILED ON: 10/17/03 sentatlon of the agenda ---------- — +-- --- — --- ---- --- - - ----- Item to be addressed• Signature of Affiant Sworn to and Subscribed before me this Personally known by me of 2003 =0�� "•`•' "�e��; Harriett Bushong _.: .- MYCOMMISSION# DD234689 EXPIRES July 24, 2007 "'';•or".??' BONDED THRU TROY FAIN INSURANCE, INC rwL.w'u ui tilt ytv,:eeJ- Ings pertaining thereto and therefore, may need to ensure that a verba- tim record of the pro- ceedings Is made which record Includes the tes- timony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Mor- �Deputy Clerk No. 3385261 on any Item. TI tlon of an Indiv speak on beha organization- or- encouraged. 11 nized by the CI a spokesperso groupp or orgal may m allotted uutees to speak on a ersons wlshin sve written or gr Iaterlals include a Any person who del es to appeal a decis of the Board will nee ORDINANCE NO. 2003 - 6__ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE JOB CREATION INVESTMENT PROGRAM AVAILABLE TO ELIGIBLE TARGETED HIGH -WAGE COMPANIES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities and thus offering increased employment opportunities for Collier County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: Page 1 of 6 [i7 SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE III JOB CREATION INVESTMENT PROGRAM Section 49 -30 Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49-31. Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs associated with these proiects; (2) provide for the economic well being of Collier County residents by providing high wage employment opportunities in Collier County: (3) lessen the seasonal cycle of Collier County's economy: and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifying the County's tax base. Section 49-32 Specific Definitions. When used in this article the followinq terms have the meaning stated, unless the context clearly indicates otherwise. A. "Average Wage" is the annual rate paid to private - sector employees within Collier County, from highest pay rate to lowest pay rate divided by number of persons employed full -time as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC) and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adiacent to, and east of, Collier Boulevard except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that designation given to qualifying economic development proiects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that iurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04 112.05 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Page 2 of 6 �: r Zone boundaries a designation by the State of Florida, pursuant to Section 290.001-290.016, Florida Statutes pursuant to Section 290.001- 290.016 Florida Statutes;, E. "Targeted Industry" is one that is aggressively pursued for relocation to, or expansion within the local jurisdiction by the Economic Development Council of Collier County. It may include but is not limited to the following industries: Aviation Information Technology Biomedical, Manufacturing, Corporate Headquarters Research and Development, Wholesale Trade and Distribution and businesses locating or expanding within the Rural Federal Enterprise Community. Section 49 -33. Job Creation Investment Proaram. A. General Requirements. Pursuant to the provisions set forth in this section the County establishes a Job Creation Investment Program for the payment of costs associated with the relocation and /or expansion of targeted projects including but not limited to relocation costs, company sponsored day care facilities land improvement costs, and/or existing facility improvements. These proiects may include commercial, industrial, and technology park land uses. B. Application Process. Any person seeking eligibility and payment through the Job Creation Investment Program will file with the County Manager an Application for payment prior to making the decision to locate or expand within Collier County. The Application must contain the following: 1. The name and address of the business Owner; and 2. A current and complete legal description of the site upon which the project is proposed to be located; and 3. The type of business proposed, usinq Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The number of full -time mobs to be created and, if applicable, retained as a result of the project; and 5. The average wage of those jobs created and retained, and 6. The total capital investment of the expansion or relocation project including land, building, and equipment costs; and 7. The date (month and year) when the new jobs will be in place. If the proposed protect meets the requirements for payment under the Job Creation Investment Program as set forth in this article, the County Manager is authorized to enter into an agreement with the business Owner. After the specified new jobs are in place within the pre- determined time frame, the company will complete and submit to the County Manager a Request for Funds, along with documentation that the stated jobs are in place. At the beginning of each county fiscal year, Page 3 of 6 %R following the date the newly created jobs are in place and verified by the County Manager, general revenue funds will be set aside under the Job Creation Investment program. Section 49 -34. Implementation. A. Under this Job Creation Investment Program, the eligible company located within Eastern Collier County may be awarded $2,000 per new full -time *ob created, with a minimum of ten (10) new full -time jobs to be created; or the eligible company may be awarded $3,000 per full -time job created if the project is located within the Enterprise Community, with a minimum of five (5) new jobs created; or, as approved by the sole discretion of the Board., a company may be awarded $2,000 per job created within a High Impact area, with a minimum of 20 new jobs created. Any award under this program is subject to funding availability. If a company also participates in the State of Florida Qualified Targeted Industry (QTI) tax incentive program, and is approved to participate in this Job Creation Investment Program, the company will be eligible for only $1,000 per new iob created regardless of its location within Collier County. The funds will be paid, based on the number of new full -time jobs created, in equal amounts over a three -year time period. B. The eligible business under the Job Creation Investment Program will enter into a Job Creation Investment Program Agreement (the Agreement) with the County, and the Agreement must provide for, as a minimum, the following and will include any provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the development. 2. Neither the payment of funds, nor the Agreement movidin for the payment of funds, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the County. 3. In the event the non - County party is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement or declare that the grant funds are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. 4. The Agreement must be recorded in the Official Records of Collier County at no cost to the County. Page 4 of 6 D. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date. Section 49-35. Program Eligibility Criteria. To be considered eliaible for approval under this Proaram, a business or project must meet the criteria of one of the following categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of ten (10) new full -time jobs: and c. The newly created jobs pay an average wage of at least 115% of the County's current private- sector average wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Creates a minimum of five (5) new full -time jobs: and b. The newly created jobs pay an average wage equal to or reater than 50% of the Countv's current private- sector average wage. 3. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier Coun and b. Creates a minimum of twenty (20) new full -time jobs: and c. The newly created gobs pay an average wage equal to or greater than 150% of the County's current private- sector average wage. d. Each application for program participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. Page 5 of 6 -� SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. PASSED AND DULY ADAPTED by the Board of County Commissioners of Collier County, Florida this day of ISbVe 1�°+� , 2003. Arm` BOARD OF COUNTY COMMISSIONERS D�IVIGHt CK, Clerk OF COLLIER CO NTY, FLORIDA p 4D6Puty C :: By: Tom Henning, Chairman Appr'oved asp #o form and e It, c'' ncy: Patrick hite Assistant County Attorney Page 6 of 6 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 and correct copy of: ORDINANCE 2003 -60 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2003. DWIGHT E. BROGK Clerk of Courv# s-nd C] erk Ex- officio to".-Bo'a'rd'-'of' County Commiss Qner4 By: Ann Jenn john, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS AM °1ouor To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.ServJhlanning Person: Randall Cohen Date: 10/13/03 Petition No. (If none, give brief description): n/a Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) n/a Hearing before XXX BCC BZA Other Requested Hearing date: 10/28/03 Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Based on advertisement appearing 10 days before hearing. ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A FEE PAYMENT ASSISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT AND MAXIMUM PARTICIPATION OBLIGATION PERIOD; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: ]001v* -138 200 y Approved by: Randall Cohen, 96ction Manager Date County Manager Date List Attachments: Fee Payment Assistance Program 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 1s 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 014LY: Date Received: 0 5 0 Date of Public hearing: tT> 03 Date Advertised: l ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A FEE PAYMENT ASSISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT AND MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Impact Fees present the greatest inhibition to economic diversification efforts due to the fact that they are the highest fees charged to new development; and WHEREAS, programs to offer relief for eligible new development or redevelopment projects from rising Impact Fee rates will contribute significantly to economic diversification efforts throughout the County by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities, and thus offering increased employment opportunities for Collier County residents; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose; and Page 1 of 7 Words dough are deleted, words underlined are added WHEREAS, the payment and collection of impact fees in Collier County are 8E respectively covered by Section 74- 202(g) and Section 74 -501 of the Code of Laws and Ordinances of Collier County; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE II FEE PAYMENT ASSISTANCE PROGRAM Section 49 -20. Applicability. This article applies to the unincorporated area of Collier County. Florida. and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49 -21. Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising Impact Fee rates: (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County: (3) lessen the seasonal cycle of Collier Countv's economy: and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49 -22. Specific Definitions. When used in this article, the following terms have the meaning stated unless the context clearly indicates otherwise. A. "Average Waae" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC). and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that Page 2 of 7 Words stFUGk thFough are deleted, words underlined are added includes those parcels of land immediately adjacent to, and east of. Collier r_ .8E Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Impact Fee" means the fee imposed by the County pursuant to Section 74- 201 or, if applicable, the Alternative Impact Fee. E. "Rural Federal Enterprise Community" is that jurisdiction so desiqnated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation: the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to Section 290.001- 290.016, Florida Statutes, F. "Targeted Industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to, the following industries: Aviation. Information Technology, Biomedical, Manufacturing, Corporate Headquarters, Research and Development, Wholesale Trade and Distribution, and businesses locating or expanding within the Immokalee Rural Federal Enterprise Community. Section 49.23. Fee Payment Assistance Program. General Requirements. Pursuant to the provisions set forth in this section. the County establishes a Fee Payment Assistance Program for the payment of Impact Fees for eligible development projects, The Fee Payment Assistance Program will be eligible to projects located within commercial, industrial, business park, and technology park land uses. A. Application Process. Any business seeking eligibility for payment through the Fee Payment Assistance Program must file with the County Manager an Application for payment prior to making the decision to locate or expand within Collier County. The Application must contain the following: 1. The name and address of the business Owner: and 2. A current and complete legal description of the site upon which the project is proposed to be located: and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS): and 4. The number of lobs to be created and retained as a result of the project: and 5. The average wage of those jobs created and retained: and Page 3 of 7 Words stFask thFoug# are deleted, words underlined are added 8E 6. The total capital investment of the expansion or relocation project. including land, building, and equipment costs: and 7. The date (month and year) when the project will be substantially complete. B. Agreement. If the proposed project meets the requirements for payment under the Fee Payment Assistance Program as set forth in this article. the County Manager is authorized to enter into an agreement with the business Owner as set forth below. The Fee Payment Assistance Program will pay no more than the amount of Impact Fees due pursuant to Section 74 -202 of the Collier County Laws and Ordinances. Section 49.24. Implementation. A. Under this Fee Payment Assistance Program, the eligible business will Pay its tax bill in full to the Tax Collector's Office annually on or before the date it is due. The Program obligation period will be no longer than ten (10) years if the project is located outside the Rural Federal Enterprise Community (hereinafter "Enterprise Community "), or no longer than fifteen (15) years if the project is located within the Enterprise Community. Companies located in a High Impact area, that is an area outside the Enterprise Community and Eastern Collier County, must be pre - approved for program participation by the Board of County Commissioners and, if so approved, are obligated to this program for a maximum of ten (10) years. Companies will be eligible for a maximum payment amount, not to exceed the cost of the above - described fees multiplied by the current millage rate then multiplied by either 10 (projects located in areas outside the Enterprise Community) or 15 (projects located within an Enterprise Community). Any payment made under this program is subject to funding availability. A development project participating in the Fee Payment Assistance Program is not eligible to also participate in the Property Tax Stimulus Program that may be offered by the County. B. The eligible business under the Fee Payment Assistance Program will enter into a Fee Payment Assistance Program Agreement (the Agreement) with the County, and the Agreement must provide for, as a minimum the following and will include such provisions as may be deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the development. 24 That the amount of the Impact Fees paid by the Program will in all events become due and payable and shall be immediately re -paid to the County by the property owner if the property is sold or transferred without prior written approval from the County at any time after the first certificate of occupancy has been issued for the development and prior to the 10- year obligation period, or prior to the 15 -year obligation period for a project within an Enterprise Community, and the Impact Fees must be paid in full Page 4 of 7 Words stFUGk through are deleted, words underlined are added to the County. Any outstanding (i.e., as vet not repaid) Impact Fee amounts previously paid under this Program will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior to expiration of the Program obligation period. If not so re- paid, the obligation will be a lien on the property under the following subsection. 3. The payment of Impact Fees via the Fee Payment Assistance Program will constitute a lien on the eligible business's property which lien may be foreclosed upon in the event of non - compliance with the requirements of the Agreement. The amount specified in an approved Agreement will serve as the amount of a lien against the development and the real property upon which the development is located. Neither the Payment of Impact Fees- nor the Agreement providing for the payment of Impact Fees, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the County. 4. The County's interest may be subordinated to all first mortgages or other co -equal security interests, and will automatically be subordinate to the Owner's previously recorded first mortgage and /or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan 5. Upon satisfactory completion of all requirements of the Agreement the County may record any necessary documentation evidencing same including, but not limited to, a release of lien. The lien will not terminate except upon the recording of a release or satisfaction of lien in the public records of Collier County. Such release will be recorded upon payment in full or satisfaction. 6. In the event the non - County party is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner. the Board may bring a civil action to enforce the agreement or declare that Program's payment of the Impact Fees not vet recouped and previously paid under this Program are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs incurred by the County in enforcing the Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid 7. Approved Agreements will be recorded in the Official Records of Collier County at no cost to the County. C. Termination The provisions of this article will expire and be void on October 1 2008 unless continued by a vote of the Board of County Commission prior to this date Section 49 -25. Program Eligibility Criteria. Page 5 of 7 Words ski# are deleted, words underlined are added • • To be considered eligible for approval under this Program, a business or proiect must meet the criteria of one of the following categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of ten (10) new full -time lobs: and c. The newly created iobs pav an average wage of at least 115% of the County's current private- sector average wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new lobs; and b. The newly created lobs Pay an average wage equal to or greater than 50% of the County's current private- sector average wage. 3. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of twenty (20) new full -time jobs: and c. The newly created lobs Pay an average wage equal to or greater than 150% of the County's current private- sector average wage. d. Each application for program participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. Page 6 of 7 Words stfaGk ihFo+gh are deleted, words underlined are added kill PASSED AND DULY ADOPTED by the Board of County Commissioners of E Collier County, Florida this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Tom Henning, Chairman Page 7 of 7 Words stwsk thFeugh are deleted, words underlined are added rom October 14, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE REGARDING FEE PAYMENT ASSISTANCE PROGRAM Dear Georgia: Please advertise the above referenced notice on Friday, October 17, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 001 - 138760 - 649100 8 'k. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 28, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A FEE PAYMENT ASSISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATESf PROVIDING FOR APPLICABILITY AND PURPOSEI PROVIDING FOR A MAXIMUM PAYMENT AMOUNT AND MAXIMUM PARTICIPATION OBLIGATION PERIODy PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMSy PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA PROVIDING FOR IMPLEMENTATION OF THE PROGRAM] PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCESy PROVIDING FOR CONFLICT AND SEVERABILITYf PROVIDING FOR AN EFFECTIVE DATEI AND PROVIDING FOR A TERMINATION DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN 4' • DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) Patricia L. Mo To: Georgia (E -mail) Subject: Advertising - Ord Re: Fee Payment Assistance Program Tlease run the attached ad on Friday, October 17, 2003. Thanks, 2n'sh Winutes & Woords Mil DRD.FEE PAYMENT ORD.FEE PAYMENT ASSIST.PROG(1)... ASSIST.PROG(1)... • Patricia L. Morgan From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, October 14, 2003 3:24 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) I J ATr518248.txt Advertising - Ord Re: Fee Paym... This is an automaticaffy generated Delivery Status Not fication. (Your message has been successfuh5 relayed to the following recipients, 6ut the requested defivery status notifications may not 6e generated 6y the destination. fega(s@naplesnews.com Patricia L. Morgan $E From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 14, 2003 3:14 PM To: Patricia L. Morgan Subject: Delivered: Advertising - Ord Re: Fee Payment Assistance Program LI Advertising - Ord Re: Fee Paym... «Advertising - Ord Re: Fee Payment Assistance 1togram>> Your message 7o: Georgia (E -main Subject: Advertising - Ord Ws: Fee TaymentAssistance Tfogram Sent: 7ue, 14 Oct 2003 15:23:52 -0400 was delivered to the foflowing recipient(s)- Cegafs on 7ue, 14 Oct 2003 15.13:45 -0400 Advertising - Ord Re: Fee Payment Assistance Program Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Tuesday, October 14, 2003 3:42 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord Re: Fee Payment Assistance rcvd to run oct. 17 georgic - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan@clerk.collier.fl.us] Sent: Tuesday, October 14, 2003 3 :24 PM To: Georgia (E -mail) Subject: Advertising - Ord Re: Fee Payment Assistance Program Please run the attached ad on Friday, October 17, 2003. 'Thanks, Trish Minutes aZ Records <<ORD.FEE PAYMENT ASSIST.PROG(1).doc>> (1).doc.dot>> 10/14/2003 Page 1 of 1 ;o, 8 <<ORD.FEE PAYMENT ASSIST.PROG Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------- ---- +--- -- --- --- ------- -- ---- --- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 001138760649 58738749 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, Personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; 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: 10/17 AD SPACE: 137.000 INCH FILED ON: 10/17/03 Signature of Affiant r Sworn to and Subscribed before me this-:WZk day of p20� j Personally known by me �''�F• -- Harriett Bushong .: MY COMMISSION # DD234689 EXPIRES :o July 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC NOTICE OF INTENT TO CONSIDER ORDINANCE It on r 28, ment of a I nance. The commence The title of Ordinance is 0 P D T F VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES* PRO- VIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EF- FECTIVE DATE; AND PROVIDING FOR A TER- MINATION DATE. Coples of the proposed, Ordinance are on file with the Clerk to the Board and are available for Inspection. All Inter- ested parties are invited to attend and be heard. NOTE: All persons wish- ing to speak on any agenda Item must regis- ter with the County ad- ministrator prior to pre- sentation of the agenda ndiirvidual sneakers will on any Item. Tne serer- tlon of an Individual to ceedings Is made, wnrcl Includes the tes speak on behalf of an record timony and evldenc organization or group is encouraged. If recap• Any person who dead - es to a a decisloni nlzed by the Chairman, a spokesperson for peal of the will need aI group or organization may a allotted 10 min- record of the proceed•, ings pertaining thereto and therefore, may needl utes to speak on an Item. to ensure that a verba- 1 In any case, written ma- tIm record of the pro -I Persons wishing to ceedings Is made, wnrcl Includes the tes have written or graphic materials Included in record timony and evldenc the Board agenda pack- upon which the appea ets must submit said is based. material a minimum of 3 weeks prior to the re. BOARD OF COUNT' spective public hearing. COMMISSIONERS In any case, written ma- COLLIER COUNTY terials Intended to be FLORIDA considered by the Board shall be submitted to TOM HENNING, CHAIR •we snn —rfito Cnuinty MAN or to the DWIGHT E. BROCK public hearing. All ma CLERK terlal used In prasenta- tlons before the, Boards By: /s/PatrlCla L. will become a perms -" Deputy Clerk nent part of the record. A1 No. [I� ORDINANCE NO. 2003 - 61 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A FEE PAYMENT ASSISTANCE PROGRAM (PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM PAYMENT AMOUNT AND MAXIMUM PARTICIPANT OBLIGATION PERIOD; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Impact Fees present the greatest inhibition to economic diversification efforts due to the fact that they are the highest fees charged to new development; and WHEREAS, programs to offer relief for eligible new development or redevelopment projects from rising Impact Fee rates will contribute significantly to economic diversification efforts throughout the County by encouraging private sector investment thereby enabling local businesses to be more globally competitive, increasing local business expansion opportunities, and thus offering increased employment opportunities for Collier County residents; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose; and Page 1 of 7 rol WHEREAS, the payment and collection of impact fees in Collier County are respectively covered by Section 74- 202(8) and Section 74 -501 of the Code of Laws and Ordinances of Collier County; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: ARTICLE II FEE PAYMENT ASSISTANCE PROGRAM Section 49 -20. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49 -21. Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising Impact Fee rates; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County, (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49 -22. Specific Definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise. A. "Average Wage" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that Page 2 of 7 includes those parcels of land immediately adjacent to, and east of, Collier Boulevard except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Impact Fee" means the fee imposed by the County pursuant to Section 74- 201 or, if applicable the Alternative Impact Fee. E. "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Arriiculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04 112.05 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida pursuant to Section 290.001- 290.016, Florida Statutes, F. "Targeted Industry" is one that is aggressively pursued for relocation to, or expansion within the local jurisdiction by the Economic Development Council of Collier County. It may include but is not limited to, the following industries: Aviation Information Technology Biomedical, Manufacturing, Corporate Headquarters Research and Development, Wholesale Trade and Distribution and businesses locating or expanding within the Immokalee Rural Federal Enterprise Community. Section 49 -23. Fee Payment Assistance Program. General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Fee Payment Assistance Program for the payment of Impact Fees for eligible development projects The Fee Payment Assistance Program will be eligible to projects located within commercial, industrial, business park, and technology park land uses. A. Application Process. Any business seeking eligibility for payment through the Fee Payment Assistance Program must file with the County Manager an Application for payment prior to making the decision to locate or expand within Collier County. The Application must contain the following: The name and address of the business Owner; and A current and complete legal description of the site upon which the project is proposed to be located: and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and 4. The number of jobs to be created and retained as a result of the project; and The average wage of those jobs created and retained: and Page 3 of 7 6. The total capital investment of the expansion or relocation project, including land, building, and equipment costs: and 7. The date (month and year) when the project will be substantially complete. B. Agreement. If the proposed project meets the requirements for payment under the Fee Payment Assistance Program as set forth in this article, the County Manager is authorized to enter into an agreement with the business Owner as set forth below. The Fee Payment Assistance Program will pay no more than the amount of Impact Fees due pursuant to Section 74 -202 of the Collier County Laws and Ordinances. Section 49 -24. Implementation. A. Under this Fee Payment Assistance Program, the eligible business will pay its tax bill in full to the Tax Collector's Office annually on or before the date it is due. The Program obligation period will be no longer than ten (10) years if the project is located outside the Rural Federal Enterprise Community (hereinafter "Enterprise Community"), or no longer than fifteen (15) years if the project is located within the Enterprise Community_ Companies located in a High Impact area, that is an area outside the Enterprise Community and Eastern Collier County, must be pre- approved for program participation by the Board of County Commissioners and, if so approved, are obligated to this program for a maximum of ten (10) years. Companies will be eligible for a maximum payment amount, not to exceed the cost of the above - described fees multiplied by the current millage rate then multiplied by either 10 (projects located in areas outside the Enterprise Community) or 15 (projects located within an Enterprise Community). Any payment made under this program is subject to funding availability. A development project participating in the Fee Payment Assistance Program is not eligible to also participate in the Property Tax Stimulus Program that may be offered by the County. B. The eligible business under the Fee Payment Assistance Program will enter into a Fee Payment Assistance Program Agreement (the Agreement) with the County, and the Agreement must provide for, as a minimum, the following and will include such provisions as may be deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the development. 2. That the amount of the Impact Fees paid by the Program will in all events become due and payable and shall be immediately re -paid to the County by the property owner if the property is sold or transferred without prior written approval from the County at any time after the first certificate of occupancy has been issued for the development and prior to the 10- year obligation period, or prior to the 15 -year obligation period for a project within an Enterprise Community, and the Impact Fees must be paid in full Page 4 of 7 • L� to the County. Any outstanding (i.e., as yet not repaid) Impact Fee amounts previously paid under this Program will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior to expiration of the Program obligation period. If not so re- paid, the obligation will be a lien on the property under the following subsection. 3. The payment of Impact Fees via the Fee Payment Assistance Program will constitute a lien on the eligible business's property which lien may be foreclosed upon in the event of non - compliance with the requirements of the Agreement. The amount specified in an approved Agreement will serve as the amount of a lien against the development and the real property upon which the development is located. Neither the payment of Impact Fees,- nor the Agreement providing for the payment of Impact Fees, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the County. 4. The County's interest may be subordinated to all first mortgages or other co -equal security interests, and will automatically be subordinate to the Owner's previously recorded first mortgage and/or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 5. Upon satisfactory completion of all requirements of the Agreement, the County may record any necessary documentation evidencing same, including, but not limited to, a release of lien. The lien will not terminate except upon the recording of a release or satisfaction of lien in the public records of Collier County. Such release will be recorded upon payment in full or satisfaction. 6. In the event the non - County party is in default under the Agreement, and the default is not cured within thirty (30) days after written notice is provided to the Owner, the Board may bring a civil action to enforce the agreement or declare that Program's payment of the Impact Fees not vet recouped and previously paid under this Program are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing the Agreement, plus interest at the then maximum statutory rate for final iudgments, calculated on a calendar day basis until paid. 7. Approved Agreements will be recorded in the Official Records of Collier County at no cost to the County. C. Termination The provisions of this article will expire and be void on October 1, 2008 unless continued by a vote of the Board of County Commission prior to this date. Page 5 of 7 Section 49 -25. Program Eligibility Criteria. To be considered eligible for approval under this Program, a business or project must meet the criteria of one of the following categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of ten (10) new full -time jobs; and c. The newly created jobs pay an average wage of at least 115% of the County's current private- sector average wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new jobs; and b. The newly created jobs pay an average wage equal to or rq eater than 50% of the County's current private- sector average wage. 3. Be a High Impact project and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of twenty (20) new full -time mobs; and c. The newly created jobs pay an average wage equal to or greater than 150% of the County's current private- sector average wage. d. Each application for program participation must have approval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. Page 6 of 7 SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 1. the date of filing of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of fifty percent (50 %) of the Tax Increment Financing (TIF) funds associated with the qualifying eligible business to partially fund the Fee Payment Assistance Program; and b) recommending the Board's amendment of the redevelopment plan to authorize use of TIF funds as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this D day of ��V�fbl%2i , 2Q03 -. ATTEST: BOARD OF COUNTYO 1,SSIOfXI�'��f DWIGHT E. BROCK, Clerk OF COLLIER OUIY ,LORIDA'.a By&MA I By: h eputy qerk Tom Henning, C:hirmar� :T Approved as to form and I su iency: Patric Me Assistant County Attorney Page 7 of 7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -61 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day Of November, 2003. DWIGHT E.,BROCK. Clerk of Counts •7jhdV1q.l.erk Ex- officio "to' Board ci'i' County Corftmriss-ioners By: Ann Jen hn• Deputy Cl- ,tk' oil COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 8F To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) ** ra aawaaa* aaaa�.********, �*** awaaa�►*****.********, w*** �►**f*.*******,►**** �***, � * *aawaw * * * * * * * * * * *aaw *aaa * * * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Randall Cohen Date: 10/13/03 Petition No. (If none, give brief description): n/a Petitioner: (Name & Address): n/a Name & Address of any person(s) to be notified by Clerk's Office. (If more space is needed, attach separate sheet) n/a Hearing before XXX BCC BZA Other Requested Hearing date: 10/28/03 Based on advertisement appearing 10 days before hearing Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A PROPERTY TAX STIMULUS PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION COSTS; PROVIDING FOR A MAXIMUM PAYMENT. PERIOD; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 001 - 138760- 649100 Revi Approved by: Ran 1 Cohen, Action Manager Date County Manager Date List Attachments: Property Tax Stimulus Program 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 Oifice, retaining a copy for file. ,t�rrtrr, tit., trar�► t*, t*, ta, t* A* fwt+►* �trtt ,t *,t,t�,r *,► * * *w+t,►,r *a *+e,t* war.***, �ra�r** a*, �**, t, t, t*,► a+ t, �a***t*, ��,� * * *�,t * * * *r * * *,t,t,t * *,t * ** FOR CLERK'S OFFICE USE ONLY: Date Received: 10131,03 Date of Public hearing: �� 03 Date Advertised: 1)!r 6 ORDINANCE NO. 2003 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A PROPERTY TAX STIMULUS PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION COSTS; PROVIDING FOR A MAXIMUM PAYMENT PERIOD; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby increasing local business expansion opportunities thus increasing employment opportunities for Collier County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: Page 1 of 6 Words straslF thFough are deleted, words underlined are added ARTICLE IV. PROPERTY TAX STIMULUS PROGRAM Section 49.40. Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Section 49-41. Purpose. The purpose of this article is to: (1) provide a performance -based program offering financial assistance for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising costs associated with these projects; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County: (3) lessen the seasonal cycle of Collier County's economy: and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. Section 49-42. Specific Definitions. When used in this article, the following terms have the meanings below, unless the context clearly indicates otherwise: A. "Average Wane" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to and east of Collier Boulevard except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04 112 05 113 114) parts of Hendry Countv and the Seminole Indian Reservation• the Enterprise Community boundaries in Collier County follow the Immokalee Enterorise Zone boundaries a designation by the State of Florida pursuant to Section 290.001-290.016, Florida Statutes. E. "Targeted Industry" is one that is aggressively pursued for relocation to or Page 2 of 6 Words stink threegh are deleted, words underlined are added Fol*] expansion within, the local iurisdiction by the Economic Development Council 8F of Collier County. It may include, but is not limited to the following industries: Aviation. Information Technology, Biomedical, Manufacturing, Corporate Headquarters, Research and Development, Wholesale Trade and Distribution, and companies locating or expandinq within the Immokalee Rural Federal Enterprise Community. Section 49-43. Property Tax Stimulus Program. General Requirements. Pursuant to the provisions set forth in this section. the County establishes a Property Tax Stimulus Program providing payments (hereinafter the "payment') to offset the costs associated with the relocation and /or expansion of targeted industries. The payment is a local option economic incentive for new or expanding businesses that may be approved at the sole discretion of the Board subiect to the criteria for such projects set forth below. The payments shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been assessed and included on the tax rolls of the calendar year preceding the effective date of the agreement specifically approving the business as eligible, as provided in Section 49-44 herein. A. Application Process. Any business owner seeking eligibility through the Property Tax Stimulus Program (Program) will file an Application with the County Manager requesting participation in the Program. The Application will be filed prior to the business owner making the decision to locate or expand within Collier County. The Application must contain the following: 1. The name and address of the business Owner: and 2. A current and complete legal description of the site upon which the proiect is proposed to be located: and 3. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS): and 4. The number of lobs to be created and retained as a result of the project: and 5. The average wage of those lobs created and retained: and 6. The total capital investment of the expansion or relocation groiect including land, building, and equipment costs: and 7. The date (month and year) when the project will be substantially complete. B. Agreement. If the proposed project meets the requirements under the Program as set forth in this article. the Board may choose to approve participation by, and make payments to, a new or expanding business. No precedent shall be implied or inferred by such payments when made to a new or expanding business. Applications for participation will be considered by the Board on a case-by-case basis for each application. Page 3 of 6 Words stfask thFeagb are deleted, words underlined are added 8F Section 49-44. Implementation. A. The eligible business will notify the County Manager, in writing, when all of their employment obligations are met in year one and, in subsequent years, that their employment base is still viable, which is then verified by the County Manager. The company will pay its tax bill in full to the Tax Collector's Office annually on or before the date it is due. Under this program, applicants are not eligible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem property tax payment receipt to the County Manager verifying all taxes have been paid in full and on time. Upon receipt, and verification of compliance with the terms of this Article and corresponding approved Agreement, payment to the applicant will be authorized within 60 days. B. No payment will be authorized for improvements to real property made or tangible personal property added before the Board approves an initial agreement granting such payment, Additionally, payment will only be made based upon the amount of ad valorem taxes levied by the County, and then paid by the eligible business. The payment amount will not include the amount of any taxes or special assessments levied by a municipality, school district, or water management district, or to such taxes or special assessments levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12 Article VII of the State Constitution A project participating in the Property Tax Stimulus Program is not eligible to also participate in the Fee Payment Assistance Program that may be offered by the Coun . C. Under this Program, any payment approved may apply to 100 percent of the assessed value of all improvements to real property made by, or for the use of, a new business and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real Property made to facilitate the expansion of an existing business, and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. The payment period may be up to ten year from the date of issuance of the first Certificate of Occupancy for a building occupied by an eligible business. D. All approved businesses under the Property Tax Stimulus Program will enter into a Property Tax Stimulus Program Agreement (the Agreement) with the County, and the Agreement must provide for, at a minimum, the following and will include such provisions deemed necessary by the Board to effectuate the provisions of this article: 1. The legal description of the project. 2. Neither the requirement for payment of ad valorem property taxes nor the Agreement providing for the payment of such taxes may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the County. Page 4 of 6 Words rtFWGk thFedgb are deleted, words underlined are added 3. Approved A reem Agreements will run with the I 8F q e e and. and will be recorded In the Official Records of Collier County at no cost to the County. E. If the property which is subject to an approved Agreement is delinquent in the of its annual taxes or special assessments at anv time within the payment period, then any outstanding balance otherwise eligible to be paid under this Program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. F. Termination The provisions of this article will expire and be void on October 1, 2008, unless continued by a vote of the Board of County Commission prior to this date.Criteria. Section 49-45. Program Eligibility Criteria. To be considered eligible for approval under this Program, a business or project must meet the criteria of one of the following categories: 1. Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of ten (10) new full -time iobs: and c. The newly created iobs Pay an average wage of at least 115% of the County's current private- sector average wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new mobs: and b. The newly created iobs pay an average wage equal to or greater than 50% of the County's current Private- sector average wage 3. Be a High Impact project and be located outside the Enterprise Communitv and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier Countya and b. Creates a minimum of twenty (20) new full -time iobs• and C. The newly created iobs pay an average wage equal to or greater than 150% of the County's current private- sector average wage SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. Page 5 of 6 Words stFuGk tpFough are deleted, words underlined are added I SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 6 of 6 Words 6k61skthreugh are deleted, words underlined are added .•8F October 14, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE REGARDING PROPERTY TAX STIMULUS PROGRAM Dear Georgia: Please advertise the above referenced notice on Friday, October 17, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 001- 138760- 649100 2 0 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 28, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A PROPERTY TAX STIMULUS PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION COSTS] PROVIDING FOR A MAXIMUM PAYMENT PERIODf PROVIDING FOR APPLICABILITY AND PURPOSE] PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS1 PROVIDING FOR PROGRAM ELIGIBILITY CRITERIAT PROVIDING FOR IMPLEMENTATION OF THE PROGRAMI PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES1 PROVIDING FOR CONFLICT AND SEVERABILITYy PROVIDING FOR AN EFFECTIVE DATEf AND PROVIDING FOR A TERMINATION DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) 8F i Patricia L. Morgan To: Georgia (E -mail) Subject: Ordinance Re: Property Tax Stimulus Program Tease run the attached ad on (Friday, October 17, 2003. Thanks, Trish 9Vinutes zT, Records ORD.PROPERTY ORD.PROPERTY kX STIMULUS PROG V STIMULIS PROG, Patricia L. Morgan From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, October 14, 2003 2:49 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) F-7 11 ATT517904.txt Ordinance Re: Property Tax Sti... This is an automaticaffy generatedDefivery Status 5vot fication. Your message has been successfuffy relayed to the fo(%wing recipients, but the requested delivery status notifications may not 6e generated by the destination. Cega(s @napfesnews. com Patricia L. Morgan 8F From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 14, 2003 2:39 PM To: Patricia L. Morgan Subject: Delivered: Ordinance Re: Property Tax Stimulus Program LJ Ordinance Re: Property Tax Sti... «Ordinance Wp: 1roperty Ta.XStimulus 1togram» Your message To: Georgia (E -mail) Subject: Ordinance 12g: Property TaxStimu(us 2'rogram Sent: Tue, 14 Oct 2003 14:48.-56 -0400 was delivered to the following recipient(s).- (--gals on Tue, 14 Oct 2003 14:38:51 -0400 Ordinance Re: Property Tax Stimulus Program Patricia L. Morgan From: legals [legals @napiesnews.com] Sent: Tuesday, October 14, 2003 3:37 PM To: Patricia L. Morgan Subject: RE: Ordinance Re: Property Tax Stimulus rcvd to run oct 17 georgia - - - -- Original Message---- - From: Patricia L. Morgan [ma i Ito: Patricia. Morgan @clerk. col Iier.fl.us] Sent: Tuesday, October 14, 2003 2:49 PM To: Georgia (E -mail) Subject: Ordinance Re: Property Tax Stimulus Program Please run the attached ad on Friday, October 17, 2003. Thanks, Trish Minutes e� Records <<ORD.PROPERTY TAX STIMULUS PROG(1).doc>> (1).doc.dot>> 10/14/2003 Page 1 of 1 r <<ORD.PROPERTY TAX STIMULIS PROG Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------------- +--------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 001138760649 58738743 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; 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: 10/17 AD SPACE: 136.000 INCH FILED ON: 10/17/03 Signature of Affiant Sworn to and Subscribed before me this � tQ fa�y� of Personally known by mew o�,.y�. Harriett Bushong MYCOMMISSION# DD234689 EXPIRES July 24, 2007 °';e' • ' oe BONDED THRU TROY '� ^, N' .. -P aNCP. iNC. 20 &3 im�a r.uau, ��rc,cw,d. Any person who dec es to appeal a decisl of the Board will nee. record of the proce, ings pertaining then and therefore, may ni to ensure record of the e BOARD OF COUNTYI COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK a.. /s/Pstricla L. Mar- NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given that on Tuesday, Octo- ber 28, 2003, in the e Board o ment of a Cou nanc6. The mE commence at The title of the Ordinance Is as AN ORDINANCE OF TH BOARD OF COUNT COMMISSIONERS 0 APPLICABILITY PURPOSE; PROV SPECIFIC DEFINI' FOR ECONOMIC C OPMENT TERMS; VIDING FOR PRO ELIGIBILITY CRI1 PROVIDING FOR I MENTATION OF 3 C^0 . AM��1— . Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspection. All Inter- ested parties are invited to attend and be heard. NOTE: All persons wish- ing to speak on any agenda Item must regis- ter with-the County ad- on tion of lan Individual to speak on behalf of an organization or group is encouraged. If recog• nized by the Chairman, a spokesperson for a' groupp or organizations, may be allotted 10 min ut�es to speak on an Persons wishing to en days prior to thi public hearing. All ma terial used In presents tions before the Boan will become �anpermp �- 8F : � ORDINANCE NO. 2003 - 6 2 _ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A PROPERTY TAX STIMULUS PROGRAM AVAILABLE TO ELIGIBLE BUSINESSES TO MITIGATE THE ECONOMIC EFFECTS OF INCREASED RELOCATION AND EXPANSION COSTS; PROVIDING FOR A MAXIMUM PAYMENT PERIOD; PROVIDING FOR NDEVE DEVELOPMENT PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC TERMS; PROVIDING FOR PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE T AND SEVERABIL ORDINANCES; PROVIDING FOR CONFLICT TY; PROVIDING FOR R AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major components of its economic base, all of which are very susceptible to economic cycles and downturns in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costs associated with these projects will contribute significantly to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby increasing local business expansion opportunities thus increasing employment opportunities for Collier County residents; and WHEREAS, on March 12, 2003, the Board directed staff to move forward with proposals for a "toolbox" of economic diversification incentives to further these efforts. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws and Ordinances as follows: Page 1 of 6 ARTICLE IV. PROPERTY TAX STIMULUS PROGRAM Section 49-40 Applicability. or interlocal agreement. Section 49-41 Purpose. of • Collier County's econom -, and 4 encoura a investment o ortunities for new or existing companies thus increasing and dive rsifying the County's tax base. Section 49-42 Specific Definitions. the context clearly indicates otherwise: "Average Wage" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full-time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC) and reported annually based on figures released by the Florida 0 Agency for Workforce Innovation. B. "Eastern Collier County" is that area of unincorporated Collier County that includes those Darcel5 of land immediately adjacent to and east of Collier Boulevard except for those Parcels designated as part of the Immokalee Rural Federal Enterprise Community. C. "High Impact" is that designation given to qualifying economic development Proiects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112 04 112 05 113 114) parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation )y the State of Florida pursuant to Section 290.001- 290.016 Florida Statutes, E. "Targeted Industry" is one that is aggressively pursued for relocation to, or Page 2 of 6 111 Federal Enterprise Community_ Section 49-43 Property Tax Stimulus Pr04ram. business as eligible, as provided in Section 49-44 herein. A. Applicatio n Process Any business owner seeking eligibility through the County. The Application must contain the followi 1. The name and address of the business Owner and 2. A current and complete legal description of the site upon which the proiect is proposed to be located: and 3. The ype of business prop osed using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS )-, and 4. The number of obs to be created and retained as a result of the project; and 5. The average wa a of those jobs created and retained-, and 6. The total capital investment of the expansion or relocation project, including land building and equipment costs: and 7. The date (month and year) when the proiect will be substantially complete. B. Agreement. If the proposed roject meets the requirements under the Program as set forth in this article the Board may choose to approve participation by, and make payments to a new or expanding business. No pre c ,dent shall be implied or inferred by such a ments when made to a new or expanding business Applications for participation will be considered by the Board on a cas )-by- case basis for each application. Page 3 of 6 [3� Section 49-44 Implementation. business. The a ment amount will not include the amount of anv taxes or VI Coun . I the assessed value of all im rovem ants to real property made by, or for the use of a new business and of all tan ible ersonal ro ert of such new business or an existing business. The a ment eriod ma be u to ten ears from the date Of issuance of the first Certificate of Occupancy for a building occupied py an eligible business. D All approved businesses under the Property Tax Stimulus Program will enter into a Property Tax Stimulus Program Agreement the Agreement) with the include such provisi ons deemed n ,cessary by the Board to effectuate the provisions of this article: 1 The legal description of the proiect. 2 Neither the requirement for payment of ad valorem property taxes, nor the Agreement providing for the payment of such taxes, may be transferred assigned credited or otherwise conveyed separate from the roperty without prior written approval from the County. Page 4 of 6 gF 3. AP irove d A reements will run with the land and will be recorded in the Official Records of Collier County at no cost to the Count E If the property which is subject to an approved Agreement is delinquent in the a ment of its annual taxes or S--- assessments at an time within the payment period then any outstanding balance otherwise eligible to be paid under this Proqram will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. F. Termination The provisions of this article will ex ire and be void on October 1 2008 unless continued by a vote of the Board of County Commission rior to this date.Criteria. Section 49-45 Program Eligibility Criteria. To be considered eligible for approval under this Program, a business or proiect must meet the criteria of one of the followinq categories: Be located within Eastern Collier County and meet the following criteria: r0 Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; and Creates a minimum of ten (10) new full -time jobs; and The newly created jobs pay an average wage of at least 115% of the County's current private- sector average wage. 2 Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new iobs; and b. The newly created iobs pay an average wage equal to or . rg_eater than 50% of the County's current private- sector average wage_ 3. Be a High Impact proiect and be located outside the Enterprise Community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County: and b. Creates a minimum of twenty (20) new full -time jobs; and C. The newly created iobs pay an average wage equal to or greater than 150% of the County's current private- sector average wage. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. Page 5 of 6 SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 1. the date of filing of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of ninety -five percent (95 %) of the Tax Increment Financing (TIF) funds associated with the qualifying eligible business to partially fund Property Tax Stimulus Program; and b) recommending the Board's amendment of the redevelopment plan to authorize use of TIF funds as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, F a, this day of ��U2m�C , 2003. .:5 BOARD OF COUNTY COMMISSIONERS gTT� rf... :DWH'C. BRCJCI,�Clerk OF COLLIER OUNTY FLORIDA lerk By: .,* Tom Henn g, Chairma U to form and cy: kite Assistant County Attorney Page 6 of 6 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 and correct copy of: ORDINANCE 2003 -62 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2003. DWIGHT E. BROCK Clerk of Courts a��l�•1$ Ex- officio to Bc lid •nf ••. > County Commis'4h.S = By: Ann Jenn n` Deputy Cl�"k' COLLIER COL"NTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS WOU ,d To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: kkkkkkkkkkkkkkkkkkkkkk: N ickkkkkkkk kkkkkkkkkkkkkkkickkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk *kkkkkkkkk Originating Dept/ Div: CDES/ Impact Fee Administration Person: Amy Patterson Date: 10/13/03 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. October 28, 2003 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001 -13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES BY PROVIDING FOR IMPACT FEE DEFERRALS, EACH DEFERRAL FOR A PERIOD OF TIME ENDING WHEN THE RESPECTIVE PROPERTY IS SOLD, TRANSFERRED OR REFINANCED; PROVIDING FOR ELIGIBILITY CRITERIA; PROVIDING FOR LIMITATION TO THE GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE ENTERPRISE ZONE; PROVIDING FOR A SPECIFIED FUNDING MECHANISM; PROVIDING FOR THE PROVISIONS TO SUNSET AFTER THREE YEARS UNLESS OTHERWISE EXTENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 131- 138902- 649100 Reviewed by: Division Ad nistrator or Designee Date List Attachments: 1. Ordinance Amendment 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 tile. k*: Ni: kkkk* kkkkkkkkkkkkkkk: Nkkkkkk* kkkkiNk* k* k: Nkkk, Nkkkkkkkki: kkkki: kkkk** i<*: Nk** x*** kkki� >F *kkkkkkkkk *k * *kkkkkkk *kkk FOR CLERK'S OFFICE USE ON MJO': Date Received: IU D ate of Public hearing: 1D(2403 Date Advertised: (Ol l rD3 Is, 8G 11111111011- ORDINANCE NO. 2003 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES BY PROVIDING FOR IMPACT FEE DEFERRALS, EACH DEFERRAL FOR A PERIOD OF TIME ENDING WHEN THE RESPECTIVE PROPERTY IS SOLD, TRANSFERRED OR REFINANCED; PROVIDING FOR ELIGIBILITY CRITERIA; PROVIDING FOR LIMITATION TO THE GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE ENTERPRISE ZONE; PROVIDING FOR A SPECIFIED FUNDING MECHANISM; PROVIDING FOR THE PROVISIONS TO SUNSET AFTER THREE YEARS UNLESS OTHERWISE EXTENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001 -13, the "Collier County Consolidated Impact Fee Ordinance," the same being Chapter 74 of the County's Code of Laws and Ordinances, which repealed and superceded, in their entirety, all of the County s previous impact fee regulations; and WHEREAS, impact fee rates continue to increase in Collier County to accommodate growth; and WHEREAS, the Board desires to promote and foster the availability of affordable workforce housing in the Immokalee area; and WHEREAS, the Immokalee Enterprise Zone is also a Rural Federal Empowerment Community and is in need of local incentives to promote economic development and affordable workforce housing; and WHEREAS, programs to offer relief for new development from the increased impact fee rates will contribute significantly to additional, new affordable workforce housing in Immokalee; and WHEREAS, by providing an allocated funding source for the deferral program the County's ability to provide improvements /and or additions to Public Facilities will not be jeopardized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. A new Article II, Subsection (g) in Section 74 -201 of Collier County Ordinance No. 2001 -13, as amended, is hereby created to read as follows: (q) Immokalee Enterprise Zone Deferral Area. (1) Pursuant to the provisions set forth in this Subsection the County shall defer the payment of impact fees for all owner - occupied dwelling units within the geographic boundaries of the Immokalee Enterprise Zone which is United States Census Tracts numbers 1 Underlined text is added; stfask thFough text is deleted. 112 04 112.05 113 and 114 (the Immokalee Census Tract). Such provisions will automatically sunset three (3) years from the effective date of the amendment establishing these provisions unless otherwise officially extended by the Collier County Board of County Commissioners. (2) The deferral program will be funded by budgeted and appropriated revenue generated by ad valorem property taxes associated to the qualifying development and all re- payments to satisfy liens as well as any applicable interest shall be paid back to general revenue. (3) As used in this subsection. (a) of Section 74 -201, "Qualifying development" means an owner - occupied dwelling unit and its associated lot or land. "Sale" includes each and every voluntary and/or involuntary sale of any part of the fee title to any part of the real property that is subject to the respective deferred Impact Fees (as described in the agreement). `Transfer" includes each and every transfer, voluntary or involuntary (including transfer by court order or order of any administrative agency or administrative body, and includino whether the transferee is a oovemment or agency of a govemment excepting only the followina: Transfer of fee title of the property from one original tenant by the entireties to the other original tenant by the entireties; Transfer of any part of the fee We between (or among) the original joint tenants, or between or among the original tenants in common. "Refinancing' includes anv extension of the pavment term or any increase in the amount financed of any original mortgage(s) or other financing document that has as security for the payment obligation any fee We to the real property that is subject to the deferred Impact Fees. "Original' refers to the parties to the relevant document on the effective date of the applicable Impact Fee deferral agreement. Notwithstanding anything in this subsection (g) of Section 74 -201, the Director of the Financial Administration and Housina Department of Community Development and Environmental Services Division may waive the triggering of the obligation to pay deferred Impact Fees due to a sale a transfer or refinancing if, in the iudament of the Director, the respective sale transfer or refinancina is of a such a nature as not to iustifv that the deferred Impact Fees should become due and payable because of the sale transfer, or refinancing. (4) Any Person seekina an impact fee deferral for a proposed owner — occupied dwelling unit wholly within the Immokalee Enterorise Zone shall file an application for deferral with the County Manager prior to receiving any Buildinq Permit for any such proposed Development The application for deferral must contain the following: 2 Underlined text is added; s#uGk4*Guo text is deleted. 71, 00" a The name and address of the property owner: and b A current and complete legal description of the site upon which the qualifying development is proposed to be located. C. Notarized affidavit affirming that the maximum sale price of the proposed qualifying development will not exceed $175,000. Applicants entedna into a deferral agreement and subsequently selling the qualifying development for more than $175.000 may be subject to the collection provisions provided for in Article V. Section 74 -501, including delinguencv fees and interest dating back to the effective date of the deferral agreement. d Proof of qualifying income level which is less than or equal to one hundred thousand dollars ($100.00) annual household income from ail sources. e Payment of a non - refundable Application Filing Fee in the amount of three hundred dollars ($300.00) (5) If the proposed qualifying development meets the requirements for a deferral as listed below, the County Manager may enter into an impact fee deferral agreement with the Owner. The requirements to enter into a deferral agreement are as follows: a The qualifying development must be owner - occupied. b The qualifying development must be the homestead of the owner(s). c The unit is sold to a buyer(s) with a total annual household income from all sources of less than or equal to one hundred thousand dollars ($100.000). d The maximum sale price of the qualifying development must never exceed $175.000. (6) The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the deferral agreement The deferral agreement must contain the following provisions: a. The name and address of the property owner: and b The correct legal description of the affected property. which is the property that will be subiect to lien and be subject to foreclosure: and C. That such payment shall be without interest only if the agreement has not been breached by the non - County party thereto at any time in the deferral period, but shall be subject to interest retroactively to the effective date of the agreement 3 Underlined text is added; skask-thfeugh text is deleted. if the agreement is breached by the non - County party thereto: and d That the deferred impact fees shall be due and payable and shall be paid to the County upon the first occurrence of any of the following: when any part of the affected real property is sold or is transferred, or is refinanced and in any such event the deferred impact fees shall be paid in full to the County not later then the closing of the sale or not later then the effective date of the transfer, or before the refinancing becomes final: and e That such impact fees shall automatically become a lien on the affected property (the property described in the legal description noted above) and shall be due and payable (and may be foreclosed upon by the County) if and when there is any breach of the agreement by the non - County party thereto: and f That the qualifying development must remain owner - occupied and homesteaded and any change in the status of the occupation or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and immediately due and payable, including any applicable interest in accordance with this section and the collection provisions set forth by Section 74 -501 of this Chapter: and g That the recorded agreement shall serve as an obligation to pay the deferred impact fees that runs with the affected property and that such obligation shall terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees: and h That neither the deferred impact fees nor the agreement providing for the deferral of Impact fees shall be transferred assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the land: and L That upon satisfactory completion of all requirements of the agreement by the non - County party thereto, the County shall record all necessary documentation evidencing satisfactory completion of the agreement and any such lien shall terminate upon the recording of a release or full satisfaction of lien in the public records of Collier County. 4 Underlined text is added; rtFuGk thFough text is deleted. �8G Such release shall be recorded upon payment in full of the impact fees: and i. The aareement shall be binding upon the property Owner's, its successors and assians: and k. That the agreement shall be recorded in the Official Records of Collier County and the agreement shall not be effective until it is so recorded. I. That if the non - County party is in a non - curable default under the agreement, or if the default is curable and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the Owner by the County. the Board may bring a civil action to enforce the deferral agreement and that the Board shall be entitled to recover all fees and costs, including attorney's fees and expenses incurred by the County in enforcing the agreement, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the non - County party breaches the agreement, such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. (7) Prior to the issuance of a certificate of occupancy for a qualifying dwelling unit the applicant must also provide a copy of the executed sales contract to the county manager demonstratina a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manaaer within ten (10) days of the closing of the sale of each qualifying dwelling unit. (8) Applicants entering into any other impact fee deferral programs will not be eligible for deferral of impact fees through the provisions set forth by Subsection (a). (9) The County's interest in the impact fees will automatically be subordinated to the owner's first mortgane and /or any Government funded affordable housing loan such as a SAIL or HOME loan. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. 5 Underlined text is added; et thFough text is deleted. �$G SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2003. DATE: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency 94 Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman 6 Underlined text is added; stmek through text Is deleted. E6� October 14, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 01 -13 Dear Georgia: Please advertise the above referenced notice on Friday, October 17, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 131 - 138902- 649100 G iP NOTICE OF INTENT TO CONSIDER ORDINANCE 1rr Notice is hereby given that on Tuesday, October 28, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001 -13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES BY PROVIDING FOR IMPACT FEE DEFERRALS, EACH DEFERRAL FOR A PERIOD OF TIME ENDING WHEN THE RESPECTIVE PROPERTY IS SOLD, TRANSFERRED OR REFINANCEDy PROVIDING FOR ELIGIBILITY CRITERIAf PROVIDING FOR LIMITATION TO THE GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE ENTERPRISE ZONEI PROVIDING FOR A SPECIFIED FUNDING MECHANISMI PROVIDING FOR THE PROVISIONS TO SUNSET AFTER THREE YEARS UNLESS OTHERWISE EXTENDEDI PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCESy PROVIDING FOR CONFLICT AND SEVERABILITY1 AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. 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 L%8 G TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) Patricia L. Morgan To: Georgia (E -mail) Subject: Advertising - Ord Amend Ord 2001 -13 Ti' ease run the attached ad on Friday, Octo6er 17, 2003. Thanks, Trish Minutes c 1�cords ORD.AMEND.ORD. ORD.AMEND.ORD. 01 -13 (10 -28) . doc... 01 -13 (10 -28) . doc... Patricia L. Morgan From: postmaster @clerk.colIier.fl.us Sent: Tuesday, October 14, 2003 2:30 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) �rrrrrr LLJ ATT517742.txt Advertising - Ord Amend Ord 20... This is an automatically generated Defivery Status Xotification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews. com Patricia L. Morgan From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, October 14, 2003 2:20 PM To: Patricia L. Morgan Subject: Delivered: Advertising - Ord Amend Ord 2001 -13 Ll Advertising - Ord Amend Ord 20... «Advertising - OrdAmend Ord 2001 -13 >> Your message 7o: Georgia (E -mail) Subject: Advertising - OrdAmend Ord 2001 -13 Sent: 7ue, 14 Oct 2003 14:30:05 -0400 was delivered to the following recipients). Cega& on 7ue, 14 Oct 2003 14:19:58 -0400 Advertising - Ord Amend Ord 2001 -13 Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Tuesday, October 14, 2003 2:26 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord Amend Ord 2001 - rcvd to ru n oct 17 georgia - - - -- Original Message---- - From: Patricia L. Morgan [ma i Ito: Patricia. Morgan @clerk.colIier.fl. us] Sent: Tuesday, October 14, 2003 2:30 PM To: Georgia (E -mail) Subject: Advertising - Ord Amend Ord 2001 -13 Tlease run the attached ad on Friday, October 17, 2003. Thanks, Trish Minutes e� Records <<ORD.AMEND. ORD. 01 -1 3(10-28).doc>> <<ORD.AMEND. ORD. 01-13(10-28).doc>> 10/14/2003 Page 1 of 1 �8G Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ---------------------------------------------- +--------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138902649 58738692 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; 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: 10/17 AD SPACE: 144.000 INCH FILED ON: 10/17/03 Signature of Affiant ./,-.' ° C X Sworn to and Subscribed before we this Personally known by me Harriett Bushong MY COMMISSION # DD234689 EXPIRES ,? July 14, 2007 BONDF,D THRU TROY FAIN INSURANCE, INC IF INTEENNT TO P� CONSIDER ORDINANCE Notice is hereby pivenl that on TUS, - l - Otto ael rida, the nance. ine commence The ce Is the appropriate County staff a minirlu m of sev- en days prior to thee public hearing. All ma terlal used in presenta- tions before the Boardl will become a perma- nent part of the record. Any person who decid- es to a peal a decision of the Board will need a record of the proceed- ings pertalning thereto and therefore, may need to ensure that a verba- tim record of the pro- tlmony and evidence) upon which the appeal! Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,' FLORIDA TOM HENNING, CHAIR MAN DWIGHT E. BROCK, CLERK Mor my: /s/Patricla, L. Oct.Ij NO 336295' of the prop051 nce are on fl ie Clerk to tl snd are avallat Iectlon. All Int Iarties are InvII Id and be heard. All persons wl I speak on a item must re! Ih the County 6 nrler to I on any nom. tion of an Individual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman a spokesperson for I groupp or organizatlOI may be allotted Io min utes to speak on a Item. Persons wishing t w aAhl h a — - prlor.to the re- 8G 'e ORDINANCE NO. 2003.63 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001 -13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), ESTABLISHING A DEFERRAL PROGRAM FOR THE IMMOKALEE AREA TO REDUCE THE ECONOMIC EFFECTS OF INCREASED IMPACT FEE RATES BY PROVIDING FOR IMPACT FEE DEFERRALS, EACH DEFERRAL FOR A PERIOD OF TIME ENDING WHEN THE RESPECTIVE PROPERTY IS SOLD, TRANSFERRED OR REFINANCED; PROVIDING FOR ELIGIBILITY CRITERIA; PROVIDING FOR LIMITATION TO THE GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE ENTERPRISE ZONE; PROVIDING FOR A SPECIFIED FUNDING MECHANISM; PROVIDING FOR THE PROVISIONS TO SUNSET AFTER THREE YEARS UNLESS OTHERWISE EXTENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001 -13, the "Collier County Consolidated Impact Fee Ordinance," the same being Chapter 74 of the County's Code of Laws and Ordinances, which repealed and superceded, in their entirety, all of the County's previous impact fee regulations; and WHEREAS, impact fee rates continue to increase in Collier County to accommodate growth; and WHEREAS, the Board desires to promote and foster the availability of affordable workforce housing in the Immokalee area; and WHEREAS, the Immokalee Enterprise Zone is also a Rural Federal Empowerment Community and is in need of local incentives to promote economic development and affordable workforce housing; and WHEREAS, programs to offer relief for new development from the increased impact fee rates will contribute significantly to additional, new affordable workforce housing in Immokalee; and WHEREAS, by providing an allocated funding source for the deferral program the County's ability to provide improvements /and or additions to Public Facilities will not be jeopardized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. A new Article II, Subsection (g) in Section 74 -201 of Collier County Ordinance No. 2001 -13, as amended, is hereby created to read as follows: (g). Immokalee Enterprise Zone Deferral Area (1) Pursuant to the provisions set forth in this Subsection the County shall defer the payment of impact fees for all owner occupied dwelling units within the geographic boundaries of the Immokalee Enterprise Zone which is United States Census Tracts numbers Page 1 of 7 Underlined text is added; &tPjGk44ou0 text is deleted. DPI 112.04, 112.05 113 and 114 (the Immokalee Census Tract} Such provisions will automatically sunset three (3).. years from the effective date of the amendment establishing these provisions unless otherwise officially extended by the Collier County Board of County Commissioners (2) This deferral program will be funded by budgeted and appropriated funds from aeneral revenue subject to the availability of funding and from a portion of the tax increment revenue generated bad valorem property taxes associated to the qualifying development All re- payments to satisfy liens as well as any applicable interest accrued due to default from the program shall be paid back to general revenue and the Community Redevelopment Area Trust Fund, as applicable to each qualifying development (3) As used in this subsection (g) of Section 74-201, "Qualifying development," means an owner - occupied dwelling unit and its associated lot or land. "Sale" includes each and every voluntar and /or involuntary sale of any part of the fee title to any part of the real propertv that is subject to the respective deferred Impact Fees (as described in the agreement) "Transfer' includes each and every transfer, voluntary or involuntary (including transfer by court order or order of any administrative agency or administrative body and including whether the transferee is .a government or agency of a government excepting only the following Transfer of fee title of the property from one original tenant by the entireties to the other original tenant by the entireties; Transfer of any part of the fee title between (or among) the original joint tenants or between or among the original tenants in common "Refinancing" includes any extension of the payment term or any increase in the amount financed, of any original mortgages} or other financing document that has as security for the payment obligation any fee title to the real property that is subject to the deferred Impact Fees "Original" refers to the parties to the relevant document on the effective date of the applicable Impact Fee deferral agreement Notwithstanding anything in this subsection (q) of Section 74 201 the Director of the Financial Administration and Housing Department of Community Development and Environmental Services Division may waive the trig ering of the obligation to pay deferred Impact Fees due to a sale, a transfer or refinancing if, in the Judgment of the Director, the respective sale transfer or refinancing is of such a nature as not to iustify that the deferred Impact Fees should become due and payable because of the sale transfer, or refinancing (4) Any Person seeking an impact fee deferral for a proposed owner ocCUpied dwelling unit wholly within the Immokalee Enterprise Page 2 of 7 Underlined text is added, StF6IGk-thFQUqj4 text is deleted. Zone, shall file an application for deferral with the County Manager prior to receiving any Building Permit for any such proposed Development. The application for deferral must contain the following: a. The name and address of the property owner; and b. A current and complete legal description of the site upon which the qualifying development is proposed to be located. C. Notarized affidavit affirming that the maximum sale rice of the proposed gualifying development will not exceed $175,000. Applicants entering into a deferral agreement and subsequently selling the he qualifying development for more than $175,000 may be subject to the collection provisions provided for in Article V Section 74 -501 includinq delinquency fees and interest dating back to the effective date of the deferral agreement. d. Proof of qualifying income level which is less than or equal to one hundred thousand dollars ($100,000) annual household income from all sources. e. Payment of a non - refundable Application Filing Fee in the amount of three hundred dollars ($300.00). (5) If the proposed qualifying development meets the requirements for a deferral, as listed below, the County Manager may enter into an impact fee deferral agreement with the Owner. The requirements to enter into a deferral agreement are as follows: a. The qualifying development must be owner - occupied b. The qualifying development must be the homestead of the owner(s). c. The unit is sold to a buyer(s) with a total annual household income from all sources of less than or equal to one hundred thousand dollars ($100,000). d. The maximum sale price of the qualifying development must never exceed $175,000. (6) The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74 -202 of this Article which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the deferral agreement. The deferral agreement must contain the following provisions: a. The name and address of the property owner; and b. The correct legal description of the affected property, which is the property that will be subject to lien and be subject to foreclosure; and Page 3 of 7 Underlined text is added, stFUsk- through text is deleted. • C. That such payment shall be without interest only if the agreement has not been breached by the non - County party thereto at any time in the deferral period but shall be subject to interest retroactively to the effective date of the agreement if the agreement is breached by the non - County party thereto: and d. That the deferred impact fees shall be due and Payable, and shall be paid to the County upon the first occurrence of any of the following: when any part of the affected real property is sold or is transferred or is refinanced, and in any such event the deferred impact fees shall be paid in full to the County not later then the closing of the sale, or not later then the effective date of the transfer, or before the refinancing becomes final: and e. That such impact fees shall automatically become a lien on the affected property (the propertv described in the legal description noted above) and shall be due and payable (and may be foreclosed upon by the County) if and when there is any breach of the agreement by the non - County party thereto; and f. That the qualifying development must remain owner - occupied and homesteaded and any change in the status of the occupation or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and immediately due and payable including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74 -501 of this Chapter; and I That the recorded agreement shall serve as an obligation to pay the deferred impact fees that runs with the affected property and that such obligation shall terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien and that release or satisfaction will be recorded by the County upon Payment to the County in full of all of the deferred impact fees; and h. That neither the deferred impact fees nor the agreement providinq for the deferral of Impact fees shall be transferred, assigned credited encumbered or conveyed from the Property, and that the deferral of impact fees and the Agreement shall run with the land• and i. That upon satisfactory completion of all requirements of the agreement by the non - Countv party thereto the County Page 4 of 7 Underlined text is added; 6trwsk- thFewg# text is deleted. shall record all necessary documentation evidencing satisfactory completion of the agreement and any such lien shall terminate upon the recording of a release or full satisfaction of lien in the public records of Collier County. Such release shall be recorded upon payment in full of the impact fees; and i. The agreement shall be binding upon the property Owner's, its successors and assigns and k. That the agreement shall be recorded in the Official Records of Collier County and the agreement shall not be effective until it is so recorded. I. That if the non - County party is in a non - curable default under the agreement or if the default is curable and the curable default is not cured in full within thirty (30 )days after written notice to do so provided to the Owner by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shall be entitled to recover all fees and costs including attorney's fees and expenses incurred by the County in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the non - County party breaches the agreement such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. (7) Prior to the issuance of a certificate of occupancy for a qualifying dwelling unit the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price A copy of the closing statement demonstrating a qualifying sales price will be provided to the countv manager within ten (10 ) days of the closing of the sale of each qualifying dwelling unit (8) Applicants entering into any other impact fee deferral programs will not be eligible for deferral of impact fees through h the provisions set forth by Subsection (g). (9) The County's interest in the impact fees will automatically be subordinated to the owner's first mortgage and /or any_, government funded affordable housing loan such as a SAIL or HOME loan SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive shall apply. If any Page 5 of 7 Underlined text is added; StFUGk-thFougJ4 text is deleted. rin Lplky phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be re- numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 1. the date of filing of this Ordinance with the Secretary of State; 2. the date of adoption of a Resolution by the Collier County Community Redevelopment Agency (CRA): a) recommending the allocation of specified Tax Increment Financing (TIF) funds associated to qualifying developments participating in the Immokalee Residential Impact Fee Deferral Program, to be repaid when the home is sold, transferred or re- financed and b) recommending the Board's amendment of the redevelopment plan to authorize use of TIF funds as a funding source for certain Board of County Commissioners' approved programs; and 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds to implement the Immokalee Residential Impact Fee Deferral Program and expanding the boundaries of the Immokalee Redevelopment Area to include the Immokalee Enterprise Zone in its entirety. Page 6 of 7 Underlined text is added; text is deleted. PASSED AND DULY ADOPTED by they Board of County Commissioners of Collier County, Florida this Ir day of NbVeyY b-IC , 2003. DATE:—..) I" ! r ATT.Ta Deputy I rk App'rovei&40f36 Mrm tan legal fficiency Patrick G. White Assistant County Attorney BOARD OF C UNTY C MMISSIONERS OF COLLI COU , FLORIDA By: --'' Tom Henning, Chairman Page 7 of 7 Underlined text is added; 8tF6IGk-thFough text is deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003 -63 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2003. DWIGHT E. BROCK % Clerk of ° Courts. -and Cler)f Ex- officio County Commissic—izrs By: Ann Jennej Deputy Clerk ` \w RESOLUTION NO. 2003 -41S A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT MEMBERS TO THE BLACK AFFAIRS ADVISORY BOARD. �i WHEREAS, the Board of County Commissioners of Collier County adopted Ordinance No. 91 -38 creating the Black Affairs Advisory Board, and provides that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91 -77 amended Ordinance No. 91 -38 by increasing the membership of this Board to 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: 1. Antoine L. Washington is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2005. 2. Elroy Ricardo is hereby appointed to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2006. This Resolution adopted after motion, second and majority vote. DATED: November 18, 2003 ATTEST: DWIGHT E. BROCK, Clerk Aft-At a(- ; � r �� s1" 1� .:.rte 0Y' V Z ApproVedra to..form and legal sufficiency: J,.,,,- L &' -A� - David C. Weigel County Attorney DCW /kn: h;public;kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -�4 I/ � O By. TOM HENNING, (!h airman RESOLUTION NO. 2003 -416 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONMERS OF COLLIER COUNTY TO APPOINT AND REAPPOINT MEMBERS TO THE VANDERBILT BEACH BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 2001 -43 created the Vanderbilt Beach Beautification Advisory Committee and provides that the County Commission shall appoint five (5) members to the Committee; and WHEREAS, there are currently vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Carol Wright is hereby reappointed to the Vanderbilt Beach Beautification Advisory Committee for a 4 -year term, said term to expire on November 13, 2007. 2. William Llewellyn Schmidt is hereby appointed to the Vanderbilt Beach Beautification Advisory Committee for a 4 -year term, said term to expire on November 13, 2007. This Resolution adopted after motion, second and majority vote. DATED: November 18, 2003 ATTEST: DWIGHT E. BROCK, Clerk yK� �Y Ml,'r iyLD.! 9 hall an ' s Appr6v® a'f rm and legal sufficiency: C David C. Weigel County Attorney DCW /k:; h; public; kay; adv.bds. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA O By: TOM HENNING, Chairman Date: November 20, 2003 To: Barry Williams, Human Services From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -417 Enclosed please find one document as referenced above , Agenda Item #9D, approved by the Board of County Commissioners on Tuesday, November 18, 2003. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures ;,.. ,, r90 RESOLUTION NO. 2003- 417 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO DISSOLVE THE HEALTH AND HUMAN SERVICES ADVISIORY COMMITTEE WHEREAS, on June 26, 2001, the Board of County Commissioners adopted Collier County Ordinance No. 2001 -40, establishing the Health and Human Services Advisory Committee (the "Committee) to assist in the development of a comprehensive health and human services plan for Collier County; and WHEREAS, Section Six of Ordinance No. 2001 -40 provides for automatic dissolution of the Committee and repeal of the Ordinance within one (1) year unless, by resolution, the term of the Committee is extended; and WHEREAS, the term of the Committee was extended by Resolution for two years in order to continue the Committee's work in fulfilling its objectives; and WHEREAS, the Committee has accomplished its goal of developing a plan and has presented its plan to the Board of County Commissioners of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that dissolution of the Health and Human Services Advisory Committee is approved upon the Committee's presentation of its report to this Board on the development of a comprehensive health and human services plan for Collier County. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk t — Deput, erk r Attest ' as to `Chain' -� signature -only' Approved as -tc forrh d y legal sufficiency:`` A David C. Weigel County Attorney DCW /kn /h; public; kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, ehairman I1 -18 -03 10A I-," MEMORANDUM Date: December 9, 2003 To: Ellen T. Chadwell Assistant County Attorney From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: - Settlement Agreement Between Collier County and WCI Communities, Inc. - Indemnification Agreement - Amendment of Restrictions and Protective Covenants Enclosed please find two (2) certified copies of the documents referenced above, Agenda Item #10A, approved by the Board of County Commissioners on November 18, 2003. The originals are being kept by the Minutes and Records Department. The original Amendment of Restrictions and Protective Covenants is being recorded and a copy will be supplied to your office from the Recording Department upon its processing. if you should have any questions, please contact me at x -8406. Thank you. 10� OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager, Board of County Commissioners FROM: Ellen T. Chadwell, Assistant County Attorney O DATE: December 8, 2003 RE: Collier County v. WCI Communites, Inc. Case No. 02- 1562CA Please find attached an original Settlement Agreement, Indemnification Agreement, and Amendment of Restrictions and Protective Covenants for the above - mentioned matter, which was approved by the BCC on November 18, 2003, under Item No. 10A. Please have the Chairman execute the Agreements and Amendment and provide us with an executed copy of each for our file. The original Amendment of Restriction will need to be recorded and billed to our office. We will then recover the fee from WCI. If you have any questions please feel free to give me a call. ETC /sh Enclosure cc: David C. Weigel, County Attorney 1 0 A �Y SETTLEMENT AGREEMENT This Settlement Agreement ( "Agreement ") is entered into this Jeday of November, 2003, by and among Collier County ( "County "), WCI Communities, Inc. ("WCI"), HMC OP BN, LLC ( "Host ") and The Ritz - Carlton Hotel Company, L.L.C. ( "Ritz- Carlton "). Host and Ritz - Carlton enter into this Agreement for the sole purpose of memorializing the agreement among the County, Host and Ritz - Carlton on the use, and the terms of use, of the County parking garage after Closing Time (as hereinafter defined). RECITALS: 1. On April 13, 1982, WCI's predecessor in interest conveyed to the County an approximate 5 -acre parcel of property ( "Beach Access Site ") via a quit claim deed ( "Deed ") which was subject to a Declaration of Restrictions and Protective Covenants ( "Deed Restrictions "). A copy of the Deed and Deed Restrictions is attached hereto as Exhibit "A." 2. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs WCI Communities, Inc., Case No. 02- 1562 -CA ( "Litigation ") seeking: (1) a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the Deed Restrictions on the Beach Access Site; and (2) enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. 3. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. -1- 10i 4. On October 24, 2000, the County's Board of County Commissioners approved the design and construction of a 4 -story parking garage on the Beach Access Site which would exceed the 20 -foot height limitation for structures and the maximum 1,000 square feet per structure limitation contained in the Deed Restrictions. 5. WCI and the County are desirous of resolving all disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation and by so doing, enabling them to avoid the uncertainties of the Litigation and to avoid further costs of litigation, and accordingly, enter into this Agreement and agree upon the terms set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals, the mutual promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, the parties hereto stipulate and agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The County hereby agrees that it is bound by the Deed Restrictions which are the subject of the Litigation. Simultaneously upon execution of this Agreement, the County, WCI and Host shall execute an amendment to the Deed Restrictions in the form attached hereto as Exhibit "B" which shall then be recorded in the Public Records of Collier County, Florida. ( "Deed Restrictions, as amended. ") The County agrees that it shall be bound by the Deed Restrictions, as amended. 3. Construction of Parking Garage. The County, at its sole expense, shall be permitted to design, construct, and operate a parking garage on the Beach Access Site with a height no greater than the height of the current 2 -story parking garage owned by Host and operated by Ritz - Carlton -2- known as the Ritz - Carlton employee parking garage located on Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The number of parking spaces in the County parking garage shall not exceed 350. The County parking garage shall be built with a design and with aesthetics equal in quality to that of the Ritz - Carlton parking garage. Simultaneously with the construction of the County parking garage, the County shall, at its sole expense, build a trellis - like structure on the top level of its parking garage equal in quality and appearance to that of the trellis on the top level of the Ritz - Carlton parking garage. All plans, including the design, landscaping and lighting for the County parking garage and trellis shall be subject to the prior review and written approval of WCI, which approval will not be unreasonably withheld. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz - Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equivalent to that of the Ritz - Carlton Garage; however, the maximum number of parking spaces in the County Parking Garage shall never exceed 350. 4. No Additional Parking on Site. The County agrees that there shall be no additional parking spaces (beyond the maximum number of 350) ever constructed on the Beach Access Site, and that no additions to the County parking garage shall be made which have the effect of either increasing the height or the square footage of the County parking garage. 5. Closure of Parking Garage. The parties agree that the County parking garage shall be closed daily no later than one hour after sundown ( "Closing Time "). 6. Use after Closin Tg ime. Notwithstanding the provision in paragraph 5 above, upon reasonable prior written notice to Ritz - Carlton and Ritz - Carlton's prior written consent, which consent shall not be unreasonably withheld, the County shall be permitted to use the parking garage -3- after Closing Time during limited special events, such as the annual Fourth of July celebration. The number of these special events shall not exceed six per calendar year. The County's written notice to Ritz - Carlton seeking Ritz - Carlton's prior consent for use of the County parking garage after Closing Time shall be sent to: Attn: General Manager of The Ritz - Carlton Naples, 280 Vanderbilt Beach Road, Naples, Florida 34108. Notwithstanding the provision in paragraph 5 above, upon prior written request to the County, and the County's prior written consent, which consent shall not be unreasonably withheld, Ritz - Carlton shall be granted a license /permit to use the County parking garage after Closing Time for valet parking for Ritz - Carlton's limited special events. For those special events when Ritz - Carlton uses the County parking garage after Closing Time, Ritz - Carlton shall pay to the County a usage fee of $6.00 /car, or a total $300 per event, whichever is more. Under no circumstances will this fee exceed $1000. The number of special events for which the Ritz - Carlton may use the parking garage after Closing Time shall not exceed twenty -five per calendar year. Ritz - Carlton's written request to the County seeking the County's prior written consent for use of the County parking garage after Closing Time shall be sent to: Marla Ramsey, Director of Parks and Recreation, 3300 Santa Barbara Boulevard, Naples, Florida, 34116. Simultaneously upon execution of this Agreement, Ritz - Carlton agrees to execute and deliver to the County an indemnification agreement in the form attached hereto as Exhibit "C," which is a condition precedent to use of the County Parking Garage. 7. Permits variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary to design and construct the County parking garage. WCI makes no representations or -4- i warranties on the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the parking garage. 8. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Agreement, and they shall not be bound by any agreement relating to this Agreement unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 9. Entire Agreement. There are no other agreements, promises or undertakings between or among the parties except as specifically set forth in this Agreement, or in one of the exhibits attached hereto and referenced in this Agreement. No alterations, changes, modifications or amendments shall be made to this Agreement, except in writing, and signed by WCI and the County. 10. Dismissal of Litigation. Simultaneously upon execution of this Agreement, WCI and the County shall execute and file a stipulation of dismissal with prejudice of the pending Litigation in the form attached hereto as Exhibit "D." 11. Survival of Terms. All terms, conditions, rights, and obligations set forth herein shall survive execution of the Deed Restrictions, as amended, and the dismissal of the Litigation. 12. Severability. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. -5- ATTEST: DWIGHT E. BRQQK Clerk ' )Deputy GIer.; sign HMC OP BN LLC, a Delaware limited liability company WCI COMMUNITIES, INC., a Delaware comoration By: Nar Its: 10 �� BOARD OF CPU NTf MMISSIONERS OF COLLIE COULORIDA. By: TOM HENNING, Chairman 11 -18 -03 By: Q2 — Name: Gr (A: c Its: �/' THE RITZ - CARLTON HOTEL COMPANY, L.L.C. By: Naj Its: executive Vice President & Chief Financial officer -6- ApMed to for yal sufficiency y5;stant County Attorney :lien T. Chadwell WITNESSES: Print N-:- t Aa " L- TVIL �� Print Name: 41ZA 4 N U-0YO WITNESSES: Print Name: 1�1cRi j, �Lc � R. Wf r, &K� - ► l °S I� L.x Print Name: X754832 ODO966 OJ18�� f kM 13 f � 41 >iECOAQl:J OR BOOK PAGE QUIT -CLAIM DEED This Quit -Claim Oeed, executed this 13th day of April, 1982, by CORAL RIDGE- COLLIER PROPERTIES, INC., a Florida corporation hereinafter referred to as GRANTOR, to COLLIER COUNTY, a political subdivision of the State of Florida whose . pastoffice address is Collier County Government Complex, Maples, Florida 33942 hereinafter referred to as GRANTEE: (Wherever used herein the terms 'GRANTOR* and *G ANTEE' shall include singular and plural, heirs, legal representatives, and assigns of the individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSM: That GRANTOR, as a gift and in fulfillment of its obligations under the Pelican Bay PUD Ordinance (Collier County Ordinance No. 77 -18, as amended) and the U.S. Array Corps of Engineers Permit No. 79K 4282 (November le, 1981), as recorded in Official Records Book 966, Pages 1824 through 1829, inclusive, if the Public Records of Collier County, Florida, does hereby remise, release at-' quitclaim unto G"MTEE all the right, title, interest, claim and demand which GRAKMR has in and to the following described lot, piece or parcel of lard, situate, lying and being in the County of Collier, State of Florida. to -wit: A portion of Section 32, Township 48 South, Range 25 East, Collier County, State of Florida, as more particularly described on Exhibit 'A' to Schedule 'A% attached hereto and made a part hereof. Subject to: 1) Taxes and assessments for 1982 and subsequent years; 2) That certain DECLARATION OF RESTRICTIONS AND PROTECTIVE COYE..IuM TS ('RES RICTIONS'), attached hereto and rude a part hereof as Schedule 'A'. 3.) The reserved right of GRANTOR to conduct certain fill activities as permitted 'n the U.S. Army Corps of Engineers Permit No. )---,, -0252 (3orember 18, 1981) . 4.) The reserved right of GRANTOR to construct a one - hundred twenty (120) parking space facility, in satisfactior. of Pelican Bay PUD Ordinance Section 13.5(D.) (Collier County Ordinance No. 77 -18, as amended), including but not limited to such construction- related activities as site preparation, paving, drainage, curbing and landscaping. 5) An Easement reserved to GRANTOR and the PELICAN BAY IMPROYD ENT DISTRICT (P.B.I.D.). its successors and assigns, to construct, operate, maintain, repair, replace or rebuild drainage structures and water am sewer utilities in, over. on and above the property, with the right of Ingress and egress. GRANTOR or P.B.I.D. shall repair and /or replace any area which it may disturb, damage or destroy in the construction, operation or maintenance of said drainage structures and water and sewer utilities. 1 �ti 6.) An Easement reserved to GRANTOR and the PELICAN BAY IMPROVEXENT DISTRICT (P.B.I.D.), its successors and assigns, for that parcel of land as rare particularly described in Exhibit ''B'- to Schedule 'A'. _attached hereto and made a part hereof, for the operation and mairte,%ance of- iattr�: ■anageameat 'purposes. AGE�l�lro No This instrument prepared by: This document accepted by the BCC on April 13, 1982. "7 Peter D. Becht 5°.^1 Pelican Bey Blvd. BY: Naples, FL 33940 V. Magrf, L. Paqe 1 of 2. o� lZ �7 G ooas6s aocess 10A PAGE IF,'AT ")k?LTIliE,THE PARCEL OESCRIBED'- EXHIBIT -A' IS USED FOR OTHER THAN PU3Lit BEACH ACCESS PURPOSES,- THE PARCEL SHALL AUTOMATICALLY REYERT TO GRANTOR.r To HAVE AND TO HOLD THC SAME together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of CRANTOR, either in law or equity, to the only proper use, benefit and behoof of GRANTEE forever. IM WITNESS WHEREOF, CORAL RIDGE- COLLIER PROPERTIES, INC., a Florida corporation, has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In the presence of: T STATE OF FLORIDA. } COURTY OF COLLIER ) CORAL RIDGE - COLLIER P - c.,� 1 BY f; '• Ross Ob ey, President. r ATTEST: outs f egsle+y, Asst.;: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgents, personally appeared ROSS P. OBLEY, President of Coral Ridge - Collier Properties, Inc., to me known to be the person described in and who executed the foregoing instrument and he acknowledged before sae that he executed the same_ WITNESS my hand and official seal this 13th day of April, 1982. In the County and State last afpresa -id,,, Notary Pu0 1c p My Ca=ission Expirts: 2 j,;;,1AAy PUBLK SATs CF RC%:DA Al Lkka J MT CCxu1551w EV'LS ACV 20 1961 . iC= Ts-zu cwUu Tr6 - uctzr.tIMZS i%GENDA ITEM . I, MO V ,1 4 �0'11d D E C 1 20ri ann , of 4'. 000966 001666 PAGc " DE I.- ARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FOR A PORTION OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA This Declaration of Restrictions and Protective Covenants made this 13th day of April, 1482, by CORAL RIDGE - COLLIER PROPERTIES, INC., a Florida corporation. NITNESSETH: WHEREAS, CORAL RIDGE: - COLLIER PROPERTIES, INC., a Florida corporation, presently having its principal place of business in Collier County, Florida, the record owner of the PUBLIC BEACH ACCESS SITE as described in ARTICLE I of this Declaration, desires to create a quality - development with restrictions, covenants, servitudes, impositions, easements, charges and liens as hereinafter set forth for the preservation of the property, values of the OWNERS therein. M. THEREFORE. CORAL RIDGE- COLLIER PROPERTIES, INC. declares that PUBLIC BEACH ACCESS SITE or any portion thereof as described in ARTICLE I of this Declaration shall be held. transferred, sold. conveyed and occupied subject to the restrictions. covenants, servitudes, impositions, easements, charges and liens hereinafter set forth. The real property subject PROTECT E COYENANTS is that real hereto and made a part hereof. to this DECLARATION OF RESTRICTIONS AHD property described on Exhibit 'A', attached ARTICLE I DEFINITIONS The following words when used in this Declaration shall have the following means ngs: 1. 'PUBLIC BEACH ACCESS SITE' shall mean and refer to a Portion of Section 32, Township 48 South, Range 25 East, Collier County, Florida, as core particularly desc:i bed.on Exhibit 'A', attached hereto and made a part hereof. 2. 'DECLARANT' shall swan and refer to CORAL RIDGE - COLLIER PROPERTIES, INC., a Florida corporation. presently having its principal place of business in Collier County, Florida. its successors and assigns of any or all of its rights under this Declaration. 3. *OWNER* shall mean and refer to every person or persons or entity or entities who are the record owner of a fee interest in PUBLIC BEACH ACCESS SITE, their heirs, successors, legal representatives or assigns. ARTICLE II GENERAL RESTRICTIONS USE RESTRICTIONS. a.) PUBLIC BEACH ACCT SITE may only be used for t1te operatior public beach access site aasd attendant facilities, inclining but not 1 to such facilities as panting. beach recreation, nature trails, obser areas, dune walkovers. beach sun shelters, restrooms. ant beach equ storage. b.) That portion of PUBLIC BEACH ACCESS SITE as more partic` described on Exhibit .'C', attached hereto and made a part hereof. sh used for only passive recreational purposes, including but.not limited t walkovers, ach sun' shelters, .= ;restrrooms, /rand -'beach equipment st Provided, however, public paa*iM shall not Ere'a permitted use in that q of P!MLIC BEACH ACCESS SIT: is more particularly described on Exhibit 'C ". SCHEDULE *A' Page i of 7. _of a _ _, .,..,.�.:�:.., �� _. mi t END' ITEM ati O, 1arly x11 be durfeg, _ f_ D� o r 10 =7A7 IV f Nc.� Q 1� 000965 001867 OR BOOK PAGE c.) No- busldirnrgg. structure, facility or other Improvement shall be placed 1n PUBLIC 8EAC11 ACCESS SITE unless and until declarant has issued its prier written approval. No food or drink concessions shall be oerasitteo without DECLARAAT'S prior written approval. d.) Vehicular &cress to the parking tot at PUBLIC BEACH ACCESS SITE shall not exceed a single entrance and exit from Vanderbilt Beach Road (S.R. No. S -862) without DECLARANT'S prior written approval of a plan submitted by OWNER for additional access. e.) All facilities. parking iota and transportation systems serving PUBLIC BEACH ACCESS SITE shall only be open and accessible to the public during daylight hours and shah close within one (1) hour after sunset. All nighttime uses shall be prohibited by OWNER except with the prior, written approval of DECLARANT. f.) OWNER shall provide water management areas for the PUBLIC BEACH ACCESS SITE in accordance with the requirements of Pelican Bay Improven,efit District (P.8_I.D.). Surface water drainage and management, including but not limited to storm water storage capacity, shall conform to the overall water management requirements of P.B.I.D. and meet with the approval of DECLARANT. 2. BUILDING SETBACK LINES. SIZE OF BUILDING, SITE RESTRICTIONS AND BUILDING HEIGHT. a.) The minimum setback of buildings, structures or parking areas shall be forty (40) feet frcm the southern property line and twenty (20) feet frno the northern and eastern property lines. b.) No building or facility in PUBLIC BEA H ACCESS SITE shall exceed 1000 square feet per structure. c.) The minimum distance between any two unattached structures shall be one -half (1/2) the sum of their heights but not less than twenty (20) feet. d.) No building or structure of any kind shall exceed twenty (20) feet in height above finished grade of the site. 3. LANDSCAPING. a.) - -All vegetation in PUBLIC BEACH ACCESS SITE shall be left in ills native state. However, when removal of any vegetation is necessary, a plan for such removal by OWNER shall be submitted to DECLARANT for its prior, written approval. b.) All reasonable efforts shall be taken to retain the native vegetation in areas surrounding all structures, walkways, facilities or paved areas placed in PUBLIC BEACH ACCESS SITE. However, in those areas, other than paved areas, where the native vegetation is removed, OWNER shall replace and maintain such areas as landscaped areas. All landscaping shall, as closely as possible, approximate the native vegetation in the surrounding area. All landscaping shall be accomplished in accordance with a plan approved by DECLARANT. , c.) Prior to making arty change, variation or deviation from the approved master landscape plan, OWNER shall first obtain DECLARANT'S written approval of the change, variation or deviation. 4. VANDERBILT BEACH ROAD RIGHT -OF -WAY As required by Section 13.3(C) of the Pelican Pay PUD Ordinance. the northern seventeen and one -half (17 -112) feet of PUBLIC BEACH ACCESS adjoining Vanderbilt Beach Road (S.R. No. 5-862) shall be reserved as right -of -way for the possible, eventual four -laning of Vanderbilt Beach Poad4 =� by Collier County. Upon demand by DECLARANT, OWNER shall dedicate the northern seventeen and one -half (17 -1/2) feet to the appropriate governme)tal Vgb y agency as a public right -of -way. S. PARXIHG.y DECLARANT shall develop r SITE ap n portion o. PUBLIC BEACH ACCESS iTE Lo provide a I �`r ?Uni SCriEOULE "A° � `1 0000466 001868 PAGE minima of one - hundred twenty (120) parking spaces for the purposes of public beach &cress. OWNER shall be responsible for the operation and maintenance of said parking spaces. There shall be no overnight parking permitted in PUBLIC BEACH ACCESS SITE. 6. PLANS, SPECIFICATIONS AND LOCATIONS OF STRUCTURES. a.) No structure or facility shall be commenced, erected, improved or altered, nor shall any grading, excavation, tree removal or change of exterior color or other work which in any way alters the exterior appearance of any structure or facility be undertaken without the prior written approval of DE.._MANT. b.) OWNER shall, prior to the commencement of any construction in PUBLIC BEACH ACCESS SITE, submit in sequence to DECLARANT the following materials: (i) a 'preliminary concept' plan which shall include schematic site plans, floor plans and exterior elevations; (ii) 'design proposals' which shall include more detailed building and site design documents sufficient and definitive in detail so that there can be determined the character, exterior appearance, exterior materials and colors, and the quality and kind of building and landscape materials proposed; and (iii) 'construction plans and specification' which shall be a true extension of the preliminary concept plans and design proposals. DECLARANT shall, in writing, after receipt of each required submittal, approve, approve subject to required changes, or reject such plans, proposals and specifications as are submitted to it as required above. Failure to obtain written approval of DECLARANT of all such plans, proposals and specifications prior to the commencement of any constriction shall be deemed a material breach hereof and DECLARANT shall then have the right, in addition to any other right permitted by law or in equity, to proceed in the courts to obtain a mandatory injunction requiring any construction done without said written approval to be torn down or removed forthwith at OWNER'S expense. c.) The approval, rejection or withholding of any approval by DECLARANT of the plans, proposals and specifications and the location of all structures, and every alteration of any structure shall not be construed or interpreted as a representation or determination by DECLARANT that any building, plumbing, electrical code or other applicable governmental regulations or requirements have or have not been,properly met by the OWNER. OWNER shall be responsible for obtaining all necessary technical data and to make application to and obtain t1v approval of Collier County, Pelican Bay Improvement District, and ty other-- appropriate governmental agencies prior to commencement of any work or construction. d.) DECLARANT shall have no duty, responsibility or liability to any OYMER or to any oth -r person whomsoever in respect to the exercise of its rights or the failure to exercise its rights. DECLARANT may reject plans, proposals and specifications based on any grounds or reason whatsoever, including purely aesthetic grounds, in its sole and absolute discretion. DECLARMT'S decision to approve. reject or withhold its approval of such work may, in the sole exerciso of its discretion, be based upon: (i) the harmony of Its exterior design, color and location in relation to, and its effect upon, surrounding structures, vegetation, topography, and the overall community design, (ii) the character of the exterior materials, (111) the planned quality of the exterior workmanship, (iv) DECLAiRANT'S design and construction standards, (v) the General Development Plan. or (vi) any other material and relevant factors. i. EXTERIOR COLORS AND IIATERIALS. no exterior colors or materials on any structure or facility shall b-, permitted that, in the sole judgment of DECLARANT, would be inhar*conicus or discordant or incongruous with the Pelican Bay community or the PUBLIC BEACH ACCESS SITE. Any future exterior color or material changes desired by OWNER must be first approved by DECLARANT in writing. A t D. PETS. fir: No cats. dogs or other domesticated animals shall be p rm_it:.`a__seithi - taw ---; PUBLIC BEACH ACCESS SITE. AGEN A IT ' i.l , k t', No._ r SE}1EJUZi 'r" c .1n,. 3 of 7 . 10A 880966 001869 OR BOOK PAGE 9. FACTORY BUILT STRUCTURES. No structure or facility of any kind of what is comsuonly known as 'factory built', *nodular', or 'mobile home' type construction shall be erected in PUBLIC BEACH ACCESS SITE without the prior written permission of DECLARANT 1o. UNDERGROUND UTILITY LINES. All electric, telephone, gas and other utility lines must be installed undergound, unless prohibited by law. 11. ANTENNAS AND FLAGPOLES. No outside antennas, antenna poles, antenna masts, electronic devices, antennas towers or citizen band (CB) or amateur band (ham) antennas shall be permitted except as approved by DECLARANT in writing. A flagpole(s) for display of the flag(s) of the United States,of America, State of Florida or Collier County, Florida and such other flag(s) as are first approved in writing by DECLARANT shall be permitted. Provided, however, the design and location of the flagpole(s) must be first approved in writing by DECLARANT. An approved flagpole shall not be used as an antenna. 12. TE3lPORARY AND ACCESSORY STRUCTURES. No tents, trailers, campers, recreational vehicles (RV's) or tewcrary structures shall be permitted to be used, parked, set -up or regain overnight unless their size, appearance and tacporary location in the PUBLIC BEACH ACMS SITE have first been approved by DECLARANT in writing. 13. OUTDOOR EQUIPMENT. All garbage and trash containers in PUBLIC BEACH ACCES SITE shall be placed and maintained by OWNER in attractive wooden containers or some other attractive container as approved by DECLARANT. For purposes of this section, exposed oil drums or such similar containers shall not be considered an attractive container. All oil tanks, bottled gas tanks, sprinkler pumps and other such outdoor equipment must be under-ground or placed in sight- screened ar-eas so that they shall not be readily visible, or adequate landscaping shall be installed around these facilities and maintained by OWNER. 14. AIR CONDITIONERS. All air conditioning units shall be shielded and hidden so that they shall not be readily visible. Wall air conditioning units may be permitted only upon the prior written approval of DECLARANT. Window air conditioning units shall net be permitted. 15. SOLAR COLLECTORS_ Solar collectors shall only be permitted at locations and on structures as are first approved in writing by DECLARANT. 16. SIGNS. JOA No signs, freestanding or otherwise installed, shall be erected or displayed in or on any land or stricture, unless the placement, character, form, size, lighting and time of placement of such sign be first approved in writing by DECLARANT. All sicrs must also conform with govermiental codes and regulations and with any toaster design plans for signs estabiisixd by _ O ECL ARANT. ...,.. . o.� IT0rA 17. WALLS, F'ENLES, PAYING AND OTHER STRUCTURES. ; No walls, feces, shutters, walks, boardwalks. docks, pavement 4r si 'i,Erj r hrt structures shall be constructed in PUBLIC BEACH ACCESS SITE until its, heiW.t , length, type, design, composition, materials and locations shall hive first fns, been appru ved in writing by DECLARANT. Any dispute as to heigh Ihi _ type, design, composition or material shall be resolved by DECL T, decision shall be .final. Hurricane and storm shutters shall not be stariza."_ the exterior of any structure or facility. DLC�� rT t 9 f �y�. 4 of 7. 1 02.01`66 1 18. LIGHTING. OGi870 PAGE No exterior lighting of PUBLIC BEACH ACCESS SITE sha11 be permitted without DECLARANT'S prior written approval of a lighting pill submitted by OWNER. 19. itAINTENANCE OF PREMISES. No refuse or unsightly objects shall be allowed to be placed or suffered to .remain in PUBLIC BEACH ACCESS SITE. All structures and facilities in PUBLIC BEACH ACCESS SITE shall be kept in good, safe. clean, neat and attractive condition, and all structures and facilities shall be maintained in a finished and attractive condition. 20. WATER MANAGEMENT AREAS. a.) No structure of any kind shall be constructed or erected, nor shall OWNER in any way change, alter, impede, revise or otherwise interfere with the flow and the volume of rater, in any portion of any water management area reserved for, or intended by DECLARANT and the Pelican Bay Improvement District (P.B.I.D.) to be reserved for drainage ways, sluiceways or for the accumulation of runoff raters. as reflected in any plat or instrument of record without the specific written permission of DECLARANT and P.B.I.D. b.) GWXEP shall in no way deny or prevent ingress and egress to such water management areas for maintenance or landscape purposes by OECLARAHT, P.$.I.D., Pelican Bay of Naples Foundation, Inc. or any appropriate governmental agency that may reasonably require any right of ingress and egress, and easem:errts therefore are hereby specifically reserved and created. c.) PUBLIC BEACH ACCESS SITE shall not be increased in size, from within or outside cf PUBLIC BEACH ACCESS SITE, without the prior written consent of DECLARANT and P.B.I.D., by artifically filling in any water or retention and drainage areas on which it abuts. OIM ER shall not fill, dike, rip -rap, block, divert or change the established water or retention and drainage arras that have been or may be created by easement. Z1. DECLARANT'S EXCULPATION. DECLARANT may grant, withhold or deny its permission or approval in any instance where its permissi ^n ^r pe -mitted or required wit:icut any liability of any nature or kind to OWNER or to arty other person for any reason whatsoever, and any permission or approval gracred shall be binding upon all persons. ARTICLE III GENERAL PROVISIONS 1. RESERVED RIGHTS- a. ) DECLARANT reserves the right to conduct certain fill activities as permitted in the U.S. Army Corps of Engineers Permit No. 79K -0282 (November 18, 1981), as recorded in Official Records Book 966 . Page. 1524 through 1829, Inclusive, of the Public Records of Collier County, Florida. b.) DECLARANT reserves the right to construct a one - hundred twenty (120) parking space facility in PLMLIC BEACH ACCESS SITE, in satisfaction of Pelican Bay PUD Ordinance Section 13.5(D.) (Collier County Ordinance No. 77 -18, as amended), including but not limited to such construction - related activities as site preparation, paving, drainage, cur'aino and landscapirx_. c.) DECLARANT reserves an Easement for itself and for the PELICAN _.SAY. _....� _ IMPROVEMENT DISTRICT its successors and assigns, to constructs ° : :,GSND 1T E V) operate, maintain, repair,- replace or rebuild drainage structures and water\\ are! sewer. utilities in. over, on arsd abare the property, with the right '4' ° _11 + x° Ingress and egress. . GRANTOR or P.B.I.D. shall repair and /or replace any which it may disturb, damage or destroy in the construction, operati Maint -nance of said drainage structures and rater and sewer utilities�— SCNE%1LE Page 5 of 7. area n or NOV _ t A F,NQA ITE,i DEC. ZOO! 000966 00181i OR BOOK PAGE d.) DECLARANT reserves an Easement for itself and for the PELICAN BAT IMPROYEJIEIIT DISTRICT (P.M. D.). its successors and assigns, for that parcel of land as more particularly described in Exhibit''$'.• attached hereto and made a part hereof, for the operation and maintena:xe of water management purposes. 2. PERMITS CAER shall cooperate and assist DECLARANT, including becoming a joint applicant, in any permit application to any governmental bodies for the purposes of facilitating public beach access. 3. AMENDKENT. DECLARANT, may, in its sole discretion, modify, amend, valve or add to this Declaration or any part thereof. The power of amendment, however, shall be limited to modification or enlargement of existing covenants which shall not substantially impair the general and uniform plan of developrment originally set forth herein. 4. WAIVER. Any waiver by DECLARANT of any provision of this Declaration or breach hereof must be in writing and shall not op>rate or be construed as a waiver of any other provision or subsequent breach. S. DECLARATION RUNS KITH THE LAND. The covenants, conditions, restrictions and other provisions under this Declaration shall run with the land and bind the property within P'JELIC BEA-_H ACCESS SITE_ It is DECLA AHT'S intent, by this Oec%ration, to conserve and r-otect the natural resources and scenic beauty of the PUBLIC BEACH ACCESS �iTE for the benefit of the present and future owners of the real property encumbered herein. The purpose of this Declaration mandates, and it is DECLARANT'S intent in furtherance of this purpose, that this Declaration be perpetual. 6. RI WT OF FIRST REFUSAL. If at arm time OWN R shall offer to sell, lease, donate, rent, exchange or otherwise convey an _PEACH ACCM SITE, or any portion thereof, to any person or entity, OWNER shall first notify DECLARANT in writing of the proposed transaction. DECLARAMT shall have the right within sixty (60) days to accept the terms of the proposed transaction In its own name for the gross purchase price and on the terns specified in said transaction. If DECLARANT shall not so elect within the said period, OWNER =ay then sell or convey PUBLIC BEACH ACCESS SITE to buyer, provided the said transaction is on the same terns and conditions and for the price set forth in the proposed transaction sent to DECL. -V MT. 7. Lc6ISLATIOM. i OWNER shall not apply for dredge or fill permits in PUBLIC BEACH ACCESS SITE from any governmental bodies, regardless of any future amendments to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts of the United States or the State cF Florida. without the prior written consent of DECLARANT, which consent may be withheld in the sole and absolute discretion of DECLARANT. 8. EXFORCEMEXT AND A:SIGWINT. a.) DECLARANT reserves unto itself the rig.`t, and the power, (i) to enforce the covenants, conditions, restrictions, and other provisions of this Declaration, and (ii) to delegate or assign, either exclusively or non- exclusively, any or all of its rights, powers, duties or privileges to any person or entity. DECLARANT shall be under no obligation to delegate or assign any of its rights, powers, duties and privileges contained in this Declaration to any person or entity. n c ettrt�r c�"AtI e `� t b.) DECLARANT shalt have the right and the powe to t covenants, conditions, restrictions and other pra0 sion iMpo. by this__l �. rn 7J C' SCHEDULE Page 6 of 1. i1 � 1 ia72 OR 80015 PAGE Declaration by any proceeding at law or In equity against any person violating or attempting to violate any such provisions, to restrain eny violation or attampted violation of such provisions, to require specific perfor=ance of such proviz ions, to recover damages for violations of such provisions. Failure by DECLARANT to enforce any of such provisions shall in nj event be deemed a waiver of their right to do so thereafter. 4. MERMILITY. If any section, subsection. sentence. clause, phrase or portion of this Declaration is, for any reason, held invalid or unconstitutianal by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion thereof. IN WITNESS WHEREOF, CORAL RIDGE - COLLIER PROPERTIES, INC., a Florida corporation, does hereby execute this DECLARATION OF RESTRICTIM AND PUTECTIVE COVENANTS in its name by its undersigned, authorized officers and affixes its corporate seal hereto, the day and year first above written. WITNESS: CORAL RIDS LLI 101ERT Obley, res - = -- •�,r -.,, .. l.. �_ Al "�lL' ATTEST ' "' ' '• �' -: . - � Louis H. Haegsted, ! ,,:�_r,,,,.: STATE OF FLORIDA ) COUNT? OF COLLIES ) The foregoing instruzent was acknowledged before me this 13th day .• of April, 148Z, by ROSS P. OBLET as President of CORAL RIDGE- COLLIER f2 PERTI S,. INC_ a Florida corporaticn, on behalf of the corporation. s';, `• Aa 1 Q �- : j c _ 4 >> _. My Cc=ls.ion Expires:. �'.• ;_. E trC ?7 p�.ttC S�ir'c� nt�ciTl S �ttS JAY CI.M.W S=4 t7VlaSrdlC 17 S9e5 III,-AD 1)11 GillY.6L I145 . IR®{YwxS;fiS AGENC3-A ITE ��_ -: No _ j ` LEC SCHEDULE Page 7 0' 000966 001973 OR BOOK FAGS LEGAL DESCRIPTION All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; - Cosencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; thence &long the east line of said Section 32, North 000- 38' -50' West 3437.06 feet to the southerly right -of -way line of State Road 5 -862 (Vanderbilt Beach Road); thence along said right -of -fray line North 800 -08' -20' hest 1133.38 feet to the POINT OF BEGINNING of the parcel herein described; —thence South 90- 5i' -40' West 225.00 feet; thence North 800 -08-20' West 724.44 feet to the State of Florida Department of Natural Resources Coastal Construction Control Line (per reyised map of record recorded July 29, 1980, Collier County, Florida); thence continue North 800 -08' -20' West 200 feet more or less to the Mean High Water Line of the Gulf of Mexico; thence northwesterly along said Mean High Water Line 241 feet more or less t0 a point on the said southerly right -of -way line of State Road S -852 (Vanderbilt Beach Road); thence along said right-of--way line South 800 48' -20' East 200 feet more or less to the said Florida Department of Natural Resources Coastal Construction Control Line; -- -- thence co tinue along the southerly right -of -Gray line of said State Roaa h 5 -862, South 800- 08' -20' East 810_00 feet to the Point of Beginning of the parcel herein described_ subject to easements and restrictions of record. EXHIBIT ?age 1 of 1. AGE t"', 0. NO P. AGENDA ITE1141 f No. %(} j 0 E C '. 1 2001 7 , so�9ss 001874 OR BOOK PAGE IF Al DESCRIPTION All that part of Section 32, Tornship 48 South, Range 25 East, Collier County, Florida, being described as follows; Cosencing at the southeast corner of Section 32, Tcwnship 48 South, Range 75 East, Collier County, Florida; thence along the east line of said Section 32, North 000- 38' -50' West 3437.06 feet to the southerly right -of -way line of State Road S -862 (Yanderbilt Beach Road); thence along said right -of -way line North 800 -08' -20' West 1671.11 feet to the POINT OF BEGINNING of the easement ht.-tin described; thence South 030- 51' -38' East 151.76 feet; thence South 090- 19' -43" East 35.63 feet; thence South 040- 29' -53' East 27.90 feet; thence South 130 - 18'-01' West 16.92 feet; thence North 800- OS' -20' West 165.27 feet; thence North 040- 33' -35' East 59.22 feet; theme Korth 080- 55' -00' West 6.04 feet; thence North 090-- 49' -10' West 8.95 feet; thence North 380- 15' -25' West 16.16 feet; thence North 090- 51' -70' West 20.25 feet; a- thence North 640- 15' -40' West 17.00 feet; thence North 220- 80' -30' West 34.48 feet; }' thence North 010- 27' -30' East 40.12 feet; thence north 210- 19' -00' Best 31.78 feet; tirenca North 600- 32' -23' East 33 -49 feet to the southerly right -of -gray ..__.. line-of. said State Road 5-862; thencz along said right -of -•way line South 800- a8' -20" East 171.91 feet to the Point of Beginning of the easement herein described; sum ect to easements and restrictions of record. K >' Y_. J I EXHIBIT 'B' r• Page 1 of I. DEC 1 1 2001 pg. 1 y r r J .n 1 �� 000990 001.75 10A OR BOOK PAGc LEGAL DESCRIPTION All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; Comencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; thence along the east line of said Section 32, North 000- 38' -50' West 3437.06 feet to the southerly right- of-way line of State Road S -862 (Vanderbilt Beach Road); thence along said right- cf-way line North 800- 08' -20' West 1843.02 feet to the POINT OF BEGINNING of the parcel herein &-scribed; thence South 600- 32' -23' West 33.49 feet; thence South 210- 19' -00' Eact 31.78 feet; thence South 010- 27' -30' West 40.12 feet; thence South 220 -00' -30' East 34.48 feet; thence South 640- 15' -40' East 17.00 feet; theme South 090- 51' -10' East 20.25 feet; thence South 380- 15' -25' East 16.16 feet; 'hence South 090- 49' -10' East 8.95 feet_; thence South 0805' -00' East 6.04 feet; thence South 040- 33' -35' Nest 59.22 feet; thence North 800 -08' -2D' West 75.06 feet to the State of Florida Department of Natural Resources Coastal Construction Control Line (per reYised map of record, recorded July 29, 1980, Collier County, Florida); thence continue North 800 48' -20' West 200 feet more or less to the Mean -.sigh Water Line of the Gulf of Mexico; theme northwesterly along said Mean H1ah Water Line 241 .feet more or less to a point on the said southerly right -af -,ray fine of State Road 5-862 (Yanderbilt Beath Road); thence along said right -Gf -ray line South 800- 08' -20' East 200 feet more or less to the said Florida Department of Natural Resources Coastal Construction Control Line; thence continue along the southerly right -of -way line of said State Road S -862, South 800 -08' -20' East 100.37 feet to the Point of Beginning of the parcel herein described; subject to ease5ents and restrictions of record; 1 FvCi. Pg' AGENDA IT ' 1 DEC i 1 2001 EXHIBIT 'C' Page 1 of 1. Pg._ This Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & STTTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 (RESERVED) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment ") is made and entered into as of the day of _ , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County "), WCI COMMUNITIES, INC., a Delaware corporation ( "WCI "), and HMC OP BN LLC, a Delaware limited liability company ( "Host "). Background. On or about April 13, 1982, Coral Ridge - Collier Properties, Inc. ( "Grantor ") executed and delivered a Quit - Claim Deed (the "Deed ") by which Grantor conveyed to the County the parcel of land described in Exhibit "A" attached hereto ( "Beach Access Site "). The Deed was recorded in Official Records Book 966, page 1864, in the Public Records of Collier County, Florida. Pursuant to the terms of the Deed, the Beach Access Site was conveyed to and accepted by the County subject to certain restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration of Restrictions and Protective Covenants attached to the Deed as Exhibit "A" thereto (the "Declaration "), which Declaration was recorded in Official Records Book 966, page 1866, in the Public Records of Collier County, Florida. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02- 1562 -CA (the "Litigation ") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions "), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined). EXHIBIT "B" -1- II. Amendment of Deed Restrictions. For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage ") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall riot contain more than, 350 parking spaces, and (ii) may exceed the 20 -foot height limitation for structures and the 1,000 square -foot per structure limitation contained in the Deed Restrictions; provided, however., that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2 -story parking garage owned by Host and operated by Ritz - Carlton and known as the Ritz- Carlton employee parking garage (the "Ritz- Carlton Garage ") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz- Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz - Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equi valent to that of the Ritz - Carlton Garage; however, in no event, shall the maximum number of parking spaces exceed 350. Simultaneously with the construction of the Parking Garage, the County shall also, at its sole expense, construct and maintain a trellis -like structure on the top level of the Parking Garage equal in quality and similar in appearance to that of the trellis on the top level of the Ritz - Carlton Garage. Before commencing any construction relating to the Parking Garage, the County shall submit to WCI, for WCI's approval, which approval shall not be unreasonably withheld, all plans, including the design, landscaping and lighting, for the Parking Garage and trellis. Within a reasonable time after receipt of the County's proposed plans for the Parking Garage, WCI shall review said plans and shall notify the County in writing of WCI's approval or disapproval of said plans; if WCI disapproves said plans, WCI shall notify the County of the reasons for such disapproval and shall suggest revisions to the plans which may lead the plans to be acceptable to WCI. WCI may not withhold consent to any proposed design plans on the basis that the building area of the Parking Garage exceeds that of the Ritz - Carlton Garage, provided the total number of parking spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ( "Closing Time "). No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. -2- 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment sha1L be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre -paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over -night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the case of WCI to: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Attn: Vivien Hastings Telephone: 239/498 -8213 Telecopier: 239/498 -8277 With copy to: Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. 401 East Jackson Street Suite 2200 Tampa, Florida 33602 Attn: Lawrence J. Bailin, Esq. Telephone: 813/223 -4800 Telecopier: 813/222 -5089 In the case of the County: Collier County Attn: Marla Ramsey, Director Collier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353 -0404 Telecopier: _ /_- With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 81h F1 Naples, FL 34112 Telephone: 239/774 -8400 Telecopier:239 /774 -0225 -3- i In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744 -5276 Telecopier: 240/744 -5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744 -5169 Telecopier: 240 /744 -5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COMMUNITIES, INC., a Delaware corporation By: Print Name: Print Name: Print Name: ILs: ATTEST: DWIGHT E. BROCK,CLF.RK COLLIER. COUNTY, a political subdivision of the State of Florida By: , Deputy Clerk Two Witnesses: Print Name: t Name: By: TOM HENNING, Chairman HMC OP BN LLC, a Delaware limited liability company By: -4- Print Name: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowLedged before me this day of , 2003, by as of WCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation. fie /she i.s personally known to me or has produced as identification. Printed Name: Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by _ , as of HMC OP BNC LLC, a Delaware limited liability company, on behalf of the company. He /she is personally known to me or has produced as identification. I: \w -re \36190 \005 \Amd ResCov- WCI002.doc 10/28/03 Printed Name: Notary Public Serial NumY,er (if any) : My Commission Expires: (NOTARY SEAL) -5- =00 TM 0 0 0 9 i s 13 7 ?- OR BOCK AGE LOW NICAMIN All th 4'a at� follcu.." town SWN tm -v;t 7.trm af 243706 f"t %Wero 11 t kzad j "4"INT CF SEGAMMS t,-,*! Inly 15% VON- Chunt'Y, FIMIN; to a point in tNy SaA m"they".'! or !ms v He san FISK& Der—"wN of KAO"3 QAIUMI, As" 510, MtN Bm"A'aT CA FAM voV to thy hint of Heyinnim; M tne �tvrtt,-, INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this day of November, 2003 by Ritz- Carlton Hotel Company, LLC ( "RITZ- CARLTON ") in favor of Collier County (the "County "). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property "); and WHEREAS, the Property is currently used as a beach parking lot for the general public; and WHEREAS, the County and WCI Communities, Inc. ( "WCI "), have reached an agreement whereby the County may build a two -story parking facility on the Property; and WHEREAS, RITZ- CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ( "HOTEL "); and WHEREAS, the County agrees to allow RITZ- CARLTON to use the parking garage under those certain terms and conditions memorialized in a settlement agreement executed by the County, HOST, RITZ - CARLTON and WCI; and WHEREAS, RITZ - CARLTON agrees to indemnify the County from any liability or claims that may arise out of their use of the Property as more fully set forth below. NOW THEREFORE, in consideration of and as a condition to the County allowing the use of the County's Property, and such other good and valuable consideration, the sufficiency of which it is hereby acknowledged, RITZ - CARLTON agrees as follows: 1. RITZ - CARLTON will indemnify, defend and hold the County, its employees, appointed and elected officials, contractors, and volunteers and other individuals acting on behalf of the County ( "Indemnified Parties "), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ- CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc., resulting from the negligent acts of RITZ- CARLTON. 2. RITZ - CARLTON as used herein shall include its officers, directors, employees, agents, successors, assigns, contractors, invitees, licensees and other persons acting on its behalf. 3. RITZ - CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page 1 of 3 EXHIBIT "C" 4. This Indemnification shall not be assignable by RITZ - CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ - CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ - CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ- CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ - CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ- CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ - CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: THE RITZ - CARLTON HOTEL COMPANY, LLC. a Delaware limited liability company (Print Name: (Print Name: STATE OF COUNTY_ Name: Position/Title: The foregoing instrument was acknowledged before me, this of November, 2003, by , as (position/title) of The Ritz - Carlton Hotel Company, L.L.C., on behalf of said company, who is ( ) personally known to me or ( ) has produced as evidence of identification. (SEAL) NOTARY PUBLIC Name: My Commission Expires: Page 2 of 3 ACCEPTED BY: ATTEST: DWIGHT E. BROCK CLERK OF COURT , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman Page 3 of 3 1� IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff /Counterdefendant, V. WCI COMMUNITIES, INC., a Delaware corporation, Defendant/Counterclaimant. Case No. 02- 1562 -CA STIPULATION OF DISMISSAL WITH PREJUDICE It is hereby stipulated by and between the undersigned counsel for the respective parties that this action and all counterclaims be dismissed, with prejudice, with each party to bear their own costs and attorneys' fees. Ellen T. Chadwell Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail, 8th Floor Naples, FL 34112 Telephone: (941) 774 -8400 Facsimile: (941) 774 -0225 Counsel for Plaintiff /CounterDefendant John N. Muratides Florida Bar No. 332615 Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. P. O. Box 3299 Tampa, FL 33601 -3299 Telephone: (813) 223 -4800 Facsimile: (813) 894 -6251 Counsel for Defendant/Counterclaimant EXHIBIT "D" 10A INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this I '"today of November, 2003 by Ritz- Carlton Hotel Company, LLC ( "RITZ- CARLTON ") in favor of Collier County (the "County "). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property "); and WHEREAS, the Property is currently used as a beach parking lot for the general public; and WHEREAS, the County and WCI Communities, Inc. ( "WCI "), have reached an agreement whereby the County may build a two -story parking facility on the Property; and WHEREAS, RITZ - CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ( "HOTEL "); and WHEREAS, the County agrees to allow RITZ - CARLTON to use the parking garage under those certain terms and conditions memorialized in a settlement agreement executed by the County, HOST, RITZ - CARLTON and WCI; and WHEREAS, RITZ - CARLTON agrees to indemnify the County from any liability or claims that may arise out of their use of the Property as more fully set forth below. NOW THEREFORE, in consideration of and as a condition to the County allowing the use of the County's Property, and such other good and valuable consideration, the sufficiency of which it is hereby acknowledged, RITZ - CARLTON agrees as follows: 1. RITZ - CARLTON will indemnify, defend and hold the County, its employees, appointed and elected officials, contractors, and volunteers and other individuals acting on behalf of the County ( "Indemnified Parties "), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ- CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc., resulting from the negligent acts of RITZ- CARLTON. 2. RITZ - CARLTON as used herein shall include its officers, directors, employees, agents, successors, assigns, contractors, invitees, licensees and other persons acting on its behalf. 3. RITZ - CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page 1 of 3 4. This Indemnification shall not be assignable by RITZ - CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ - CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ - CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ - CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ- CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ - CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ - CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: (Print ame: M bnt� �'•1Jaf�d1C� (Print Name: STATE OF G- 002 COUNTY THE RITZ - CARLTON HOTEL COMPANY, LLC. a Delaware limited liability company l ;7 By: Na e: Kenneth R Rebmann sition/Title: Executive Vice President & Chief Financial Officer The foregoing instrument was cknowledge, befoxxe me; ,this, of November, 2003, by L as ' Yom` �' �' (position/title) of The Ritz - Carlton Hotel Company, L.L.C., on be elf f said company, o is personally known to me or ( ) has produced as evidence of identification. (SEAL) NOTARY PUBLIC N .E,� Name: —qusnn T PizPnGn — C� '_ My Commission Expires: Page 2 of 3 ACCEPTED BY: ATTE$V biVV ,HT,E. BROCK r' CLERK Off; COURT Deput* CI rk Atttit ii to Cha tun's sigaat�r op)y A wo" ,.gal sufficlencv AtWr BOARD O OUNT OMMISSIONERS OF C R CO , FLORIDA By. TOM HENNING, Chairman I l- llb-03 Appro d as to form & Ie al sufficient, Assistant County Attorney Ellen T. Chadwell Page 3 of 3 Mot IL -Jmnnma� 000988 001873 OR BOOK PAGE LEGAL DESCRIPTION All that part of Section 32, Township 48 South, Range 25 East, Collier County, Florida, being described as follows; - Commencing at the southeast corner of Section 32, Township 48 South, Range 25 East, Collier County, Florida; therc2 along the east line of said Section 32, North 000- 38' -50' Best 3437.06 feet to the southerly right -of -way line of State Road S -862 (Vanderbilt Beach Road); t.'aence along said right- of-say line north 800 - +78'-20" West 1133 -38 feet to the POINT OF BEGINNING of the parcel herein described; —thence South 90- 51' -40' West 225.00 feet; thence Borth SC0- 08' -20' West 724.44 feet to the State of Florida Department. of Matural Resources Coastal Construction Control Line (fir revised map of record recorded July 29, 1980, Collier County, Florida); thence continue North 80048' -20' West 200 feet amore or less to the Mean High Water Line of the Gulf of Kexica; thence northwesterly along said Mean High Water Line 241 feet more or less to a point on the said southerly right -of -way line of State Road S -86Z (Vanderbilt Beach Road); thence along said right-of-way line South 800 -08' -20' East 200 feet more or less to the said Florida Department of Natural Resources Coastal _ Construction Control Line; - - — thenca cnnrtinue along the southerly right -of -,ray line of said State Roa 5 -862, South 800- 08-20' East 810 -00 feet to the Paint of Beginning of the parcel herein described- subject to eases+ents and restrictions of record. EXHIBIT n rase 1 of I. 10A " MEMORANDUM Date: December 15, 2003 To: Ellen T. Chadwell Assistant County Attorney From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: - Amendment of Restrictions and Protective Covenants Enclosed please find two (2) certified copies of the recorded document referenced above, Agenda Item #10A, approved by the Board of County Commissioners on November 18, 2003. The originals are being kept by the Minutes and Records Department. If you should have any questions, please contact me at x -8406. Thank you. 3309371 OR: 3460 PG: 144 0 A RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/10/200 at 11:22AR DWIGHT B. BROCK, CLERK REC FEE 208.50 COPIES 46.00 Retn: CLERK TO This Instrument Was Prepared By, INTBROFF Record and Return To: B%T 7240 Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 BOARD 4TH FLOOR (RESERVED) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the "Amendment") is made and entered into as of the day of v0.rJW_r , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County "), WCI COMMUNITIES, INC., a Delaware corporation ( "WCI"), and HMC OP BN LLC, a Delaware limited liability company ( "Host "). I. Background. On or about April 13, 1982, Coral Ridge - Collier Properties, Inc. ( "Grantor ") executed and delivered a Quit -Claim Deed (the "Deed ") by which Grantor conveyed to the County the parcel of land described in Exhibit "A" attached hereto ( "Beach Access Site "). The Deed was recorded in Official Records Book 966, page 1864, in the Public Records of Collier County, Florida. Pursuant to the terms of the Deed, the Beach Access Site was conveyed to and accepted by the County subject to certain restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration of Restrictions and Protective Covenants attached to the Deed as Exhibit "A" thereto (the "Declaration "), which Declaration was recorded in Official Records Book 966, page 1866, in the Public Records of Collier County, Florida. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02- 1562 -CA (the "Litigation ") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions "), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined). II. Amendment of Deed Restrictions. OR; 3460 PG; 1485 10A For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage ") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed the 20 -foot height limitation for structures and the 1,000 square -foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2 -story parking garage owned by Host and operated by Ritz - Carlton and known as the Ritz - Carlton employee parking garage (the "Ritz- Carlton Garage ") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz - Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz - Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equivalent to that of the Ritz - Carlton Garage; however, in no event, shall the maximum number of parking spaces exceed 350. Simultaneously with the construction of the Parking Garage, the County shall also, at its sole expense, construct and maintain a trellis -like structure on the top level of the Parking Garage equal in quality and similar in appearance to that of the trellis on the top level of the Ritz - Carlton Garage. Before commencing any construction relating to the Parking Garage, the County shall submit to WCI, for WCI's approval, which approval shall not be unreasonably withheld, all plans, including the design, landscaping and lighting, for the Parking Garage and trellis. Within a reasonable time after receipt of the County's proposed plans for the Parking Garage, WCI shall review said plans and shall notify the County in writing of WCI's approval or disapproval of said plans; if WCI disapproves said plans, WCI shall notify the County of the reasons for such disapproval and shall suggest revisions to the plans which may lead the plans to be acceptable to WCI. WCI may not withhold consent to any proposed design plans on the basis that the building area of the Parking Garage exceeds that of the Ritz - Carlton Garage, provided the total number of parking spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ( "Closing Time "). No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges OR: 3460 PG: 1486 l UftA and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre -paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over -night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as follows: In the case of WCI to: With copy to: In the case of the County: With copy to: In the case of Owner to: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Attn: Vivien Hastings Telephone: 239/498 -8213 Telecopier: 239/498 -8277 Stearns, Weaver, Miller, & Sitterson, P.A. 401 East Jackson Street Suite 2200 Tampa, Florida 33602 Attn: Lawrence J. Bailin, Telephone: 813/223 -4800 Telecopier: 813/222 -5089 Weissler, Alhadeff Esq. Collier County Attn: Marla Ramsey, Director Collier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34116 Telephone: 239/353 -0404 Telecopier: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 8th F1 Naples, FL 34112 Telephone: 239/774 -8400 Telecopier:239 /'774 -0225 HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn: Craig Mason Telephone: 240/744 -5276 Telecopier: 240/744 -5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744 -5169 Telecopier: 240/744 -5869 OR, 3460 PG. 1487 10 . Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: 1 L�- Print Na e : KaT - r A& int e: L ATTEST : D,1R HT' E , ISROCK, CLERK By: -De uty Clerk Atfils_,,�±0il'�11�f signature "only: Two Witnesses: Print Name: Print Name: App vet is to forJle al sufficiency As:> County Attorney R ;car; T.. Chadoll WCI COMMUNIT Delaware cop By: Pr S, C.,,� ration JM- 1� . ., COLLIER COUNTY, a political subdivision of the State of Florida By: TOM HENNING, Chairman It-(8-03 HMC OP BN LLC, a Delaware limited liability company By. Print Name: Its: OR; 3460 PG; 1488 10A STATE OF FLORIDA COUNTY OF CebI4R The foregoing instrument was acknowledged before me this day of 2003, by C>COW R- �c� , as ,�,,��,i;Ce jeS 6gAof WCI COMMUNITIES, INC., a De aware co poration, on behalf of the corporation. ,.jLe/she is personal to me or has produced as identification. Prihted Named Notary Public Serial Number (if any) My Commission Expires: ( NOTARY SEAL) sire` Notary PubIN S State oC Florida My comm. expires March 9, 2007 STATE OF FLORIDA r Comm. No. DD191638 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OP BNC LLC, a Delaware limited liability company, on behalf of the company. He /she is personally known to me or has produced as identification. I: \w -re \36190 \005 \Amd ResCov- WCI002.doc 10/26/03 Printed Name: Notary Public Serial Number (i f any) : My Commission Expires: (NOTARY SEAL) WCl LEGAL Fax:239 -498 -8277 Nov 18 2003 15:19 P.05 OR; Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain. in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two witnesses: P QrC T int e:. ATTEST : J4jYGHT E. 'BROOM, CLERK �A m By: �.pe " Clerk 1�n s s14n ur'� OR1. Two Witnesses: 4;,1 i. �n TW Prilt -y WCI Del By: COLLIER COUNTY, a political subdivision the St4tlb of Florida e ay: TOM HENNIM, Chairman HMC OP BN LLC, a Delaware limited liabilit campan c Hy: Print ame. Its: 3460.11M 1489 WCI LEGAL STATE OF FLORIDA L--Q- COUNTY OF CjeErLIUR Fax:239 -498 -8277 Noy 18 2003 15:11 P.06 OR; 3460 PG; 1490 The poregoing instrument was acknowledged before me this �J ay of , 2.003, by V,,, '1-.. A-- , as of WCI COMMUNITIES, INC., a Delaware eo oration, on behalf of the corporation. _U.P/she is personally XagjM to me or has produced as identification. X,;'r„- re,\16j44 \0b5 \AMd ReaC0v- WCI002.doc Prin ed Name: Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEAL) MELISSA A. DURBIN NOTARY PUBLIC STATE OF MARYLAND My Commission Expires April 24, 2006 "I - WX"t — Pri ted Name• PJl Notary Public W 1q.t&3 % :, Serial Number (if any): — My Commission Expires: ( NOTARY SEAL) KAREN J. GOOCH Notary PUb9R State of FlorWa My comm. worm March 9, 2W7 STATE OF FLORIDA Comm. Na. DD191638 COUNTY OF COLLIER The foregoing instrum5.,pt was cknowledged before this jqth day as i41 -Y Er) of . of NLVLX b.,r, 2003, by HMC OP 13NC LLC, a Delaware , limi d liability company, on behalf of the company. He /she is personally known to me . has as fiproduced X,;'r„- re,\16j44 \0b5 \AMd ReaC0v- WCI002.doc Prin ed Name: Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEAL) MELISSA A. DURBIN NOTARY PUBLIC STATE OF MARYLAND My Commission Expires April 24, 2006 "I - OR; 3460 PG; 1491 10A SETTLEMENT AGREEMENT This Settlement Agreement ( "Agreement ") is entered into this _day of November, 2003, by and among Collier County ( "County "), WCI Communities, Inc. ("WCI"), HMC OP BN, LLC ( "Host ") and The Ritz - Carlton Hotel Company, L.L.C. ( "Ritz - Carlton "). Host and Ritz - Carlton enter into this Agreement for the sole purpose of memorializing the agreement among the County, Host and Ritz - Carlton on the use, and the terms of use, of the County parking garage after Closing Time (as hereinafter defined). RECITALS: 1. On April 13, 1982, WCI's predecessor in interest conveyed to the County an approximate 5-acre parcel of property ( "Beach Access Site ") via a quit claim deed ( "Deed ") which was subject to a Declaration of Restrictions and Protective Covenants ( "Deed Restrictions "). A copy of the Deed and Deed Restrictions is attached hereto as Exhibit "A." 2. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02- 1562 -CA ( "Litigation ") seeking: (1) a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the Deed Restrictions on the Beach Access Site; and (2) enjoining any "further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. 3. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. 1 1- OR. 3460 PG, 1492 IQ� 4. On October 24, 2000, the County's Board of County Commissioners approved the design and construction of a 4 -story parking garage on the Beach Access Site which would exceed the 20 -foot height limitation for structures and the maximum 1,000 square feet per structure limitation contained in the Deed Restrictions. 5. WCI and the County are desirous of resolving all disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation and by so doing, enabling them to avoid the uncertainties of the Litigation and to avoid further costs of litigation, and accordingly, enter into this Agreement and agree upon the terms set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals, the mutual promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, the parties hereto stipulate and agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The County hereby agrees that it is bound by the Deed Restrictions which are the subject of the Litigation. Simultaneously upon execution of this Agreement, the County, WCI and Host shall execute an amendment to the Deed Restrictions in the form attached hereto as Exhibit "B" which shall then be recorded in the Public Records of Collier County, Florida. ( "Deed Restrictions, as amended.") The County agrees that it shall be bound by the Deed Restrictions, as amended. 3. Construction of Parking Garage. The County, at its sole expense, shall be permitted to design, construct, and operate a parking garage on the Beach Access Site with a height no greater than the height of the current 2 -story parking garage owned by Host and operated by Ritz- Carlton -2- 10A OR; 3460 PG; 1493 known as the Ritz - Carlton employee parking garage located on Vanderbilt Beach Road, approximately 563 feet to the east of the Beach .Access Site. The number of parking spaces in the County parking garage shall not exceed 350. The County parking garage shall be built with a design and with aesthetics equal in quality to that of the Ritz - Carlton parking garage. Simultaneously with the construction of the County parking garage, the County shall, at its sole expense, build a trellis- like structure on the top level of its parking garage equal in quality and appearance to that of the trellis on the top Level of the Ritz - Carlton parking garage. All plans, including the design, landscaping and lighting for the County parking garage and trellis shall be subject to the prior review and written approval of WCI, which approval will not be unreasonably withheld. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz - Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equivalent to that of the Ritz - Carlton Garage; however, the maxnnum number of parking spaces in the County Parking Garage shall never exceed 350. 4. No Additional Parking on Site. The County agrees that there shall be no additional parking spaces (beyond the maximum number of 350) ever constructed on the Beach Access Site, and that no additions to the County parking garage shall be made which have the effect of either increasing the height or the square footage of the County parking garage. 5. Closure of Parking Garage. The parties agree that the County parking garage shall be closed daily no later than one hour after sundown ( "Closing Time ") 6. Use after Closing Time. Notwithstanding the provision in paragraph 5 above, upon reasonable prior written notice to Ritz - Carlton and Ritz - Carlton's prior written consent, which consent shall not be unreasonably withheld, the County shall be permitted to use the parking garage -3- OR: 3460 PG: 1494 1 after Closing Time during limited special events, such as the annual Fourth of July celebration. The number of these special events shall not exceed six per calendar Near. The County's written notice to Ritz - Carlton seeking Ritz - Carlton's prior consent for use of the County parking garage after Closing Time shall be sent to: Attn: General Manager of The Ritz - Carlton Naples, 280 Vanderbilt Beach Road, Naples, Florida 34108. Notwithstanding the provision in paragraph 5 above, upon prior written request to the County, and the County's prior written consent, which consent shall not be unreasonably withheld. Ritz - Carlton shall be granted a license /permit to use the County parking garage after Closing Time for valet parking for Ritz - Carlton's limited special events. For those special events when Ritz- Carlton uses the County parking garage after Closing Time, Ritz - Carlton shall pay to the County a usage fee of $6.00 /car, or a total $300 per event, whichever is more. Linder no circumstances will this fee exceed $1000. The number of special events for which the Ritz - Carlton may use the parking garage after Closing Time shall not exceed twenty -five per calendar year. Ritz - Carlton's written request to the County seeking the County's prior written consent for use of the County parking garage after Closing Time shall be sent to: Marla Ramsey, Director of Parks and Recreation, 3300 Santa Barbara. Boulevard, Naples, Florida, 34116. Simultaneously upon execution of this Agreement, Ritz - Carlton agrees to execute and deliver to the County an indemnification agreement in the form attached hereto as Exhibit "C," which is a condition precedent to use of the County Parking Garage. 7. Permits, variances and other governmental reaulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary to design and construct the County parking garage. WCI makes no representations or 51 OR, 3460 PG, 1495 10A warranties on the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the parking garage. 8. No Oral Agreements. The parties expressly acknowledge and agree that. there are no oral agreements relating to this Agreement, and they shall not be bound by any agreement relating to this Agreement unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 9. Entire Agreement. There are no other agreements, promises or undertakings between or among the parties except as specifically set forth in this Agreement, or in one of the exhibits attached hereto and referenced in this Agreement. No alterations, changes, modifications or amendments shall be made to this Agreement, except in writing, and signed by WCI and the County. 10. Dismissal of Litigation. Simultaneously upon execution of this Agreement, WCI and the County shall execute and file a stipulation of dismissal with prejudice of the pending Litiaation in the form attached hereto as Exhibit "D." 11. Survival of Terms. All terms, conditions, rights, and obligations set forth herein shall survive execution of the Deed Restrictions, as amended, and the dismissal of the Litigation. 12. Severability. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. ATTEST: DWIGHT E. BROCK, Clerk I Deputy Clerk 11MC OP BN LLC, a Delaware limited liability company By: Name: Its: OR: 3460 PG: 1496 WCI COMMUNITIES, INC., a Delaware corporation By: NaT Its: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Lo THE RITZ-CARLTON HOTEL COMPANY, -L.L.C. By: Name R h R. Rehmann Its: xecutive Vice President & 'Chief Financial Officer .Ap:pr Wed as 'to form gal sufficiency d' cant County Attorney en T. Chadal 1 TOM HENNING, Chairman -6- WITNESSES: Print Name: Print Name: 0 y;) WITNESSES: Wz Print Name:__ R - --------- --- -------- Print Name: n V QiitiY�C' :�1 i� ��? � �� 0Irl!IF v ca-L-ER F V AEMRCED K .� vUIT- C:.f.�?� DESi This Quit -CiLIM Geed, ezacJt•d this 1Sth dar cf April, 13EZ, by CJRRL FCIDoE- COLLI_n PAOPERTIE1, -1K., a Ficrida corporation hereinafter referred to as MAXTOR, to COLLIER COUNTY, a political subdivision of the State of Florida whose pnstoffice address is Collier County Goverr,.aent es, kaples, Florida ✓.3442 hereinafter referred to as w2Axazz: (Wherever used herein the terms OGRAKTOP' and '6-,Ml` -Er- shall include singular and plural, heirs, legal representatives, and assicns of t it iriduals, and the successors arid assicns of corporations, Vne_, the context so admits or requires_) VITNEESc 1:i: inat GRA -STDP, as a gift and in fulfillmert of its Obligations under t}r- Pelican Bay PUD Ordinance (CaIlier County Ordina=e No. 77 -18, as arenre.) arm the U.S. Arxy Corps of Engineers Per--it No. 79K -O28< (Nava -:ber IS, 1981;, as re rded in Official Records Bock 966, Pages 1824 thrOueh 1824, inclusive, of the Public Re`o~rs of C :T T ier Ccunty, Florida, does hereby r --ise, re l ease arm quit -claim unto &R.::Y EE all the right, title, interest, ciaf= and de=an v:ich ""i'DR has in and to the following described lot, pied or parcel of iam", situate, lying and being in the County of coll?er, State of Flcrida, tc -,r?t: A po `ion of Section 32, Towrrshi,o 48 Scutt, Range ZS East, culler C-unty, State Of Florida, as mare particularly described on Exhibit 'A" Schedule 'A', attached hereto and made a part hereo . Sul,jec• to: V 1) Taxes and assessments for 19E2 and subsequent years; 2) That certair. DEiAR TIOH OF RESIAICTTONE AND PK6TECT;yE CDYEr TS -y ('RE -Tn :TlOKS`), attached here_c and made a part hereof as Schedule 3.) The reserved right V rm w ^f GRMTOR to conduct certain fill acti v i tizs as t� ped �n the U.S. Aray Cars Of Engineers Pe wit No_ e. h ?�- U2.�..' (Bover TB, I981). 4.) The referred rich,, of L —ANTOR to construct a one - hundred twenty (120) parking space facility, in satisfaction. of Pelican Bay PUD Ordinance Section 13.5(D.) (Ccllier County Ordinance No. 77 -18, as amer:d�), irriuding but not limited to such Canstmction- related activities as site preparation, paving, drainage, curbing and landscaping. 5) An Easement reserved to GRANTOR and the PELICAN BAY IMMOyE�C_iiT OIS7RIC7 (P.B.I.D.), its successors and assicns, to construct, Operate, maintain, repair, replace or rebuild drainage structuras and water ago sewer utilities in, over, on and above the property, with the right Of Ingress and egress. GRARIOR or P.9.I.D_ shall repair and /or replace any area which it may disturb, damage or destnvy in the constriction, operation or maintenance of said drainage str- =tures and water and sewer utilities. C.a3' 4ti b r- t .ia 6.) An Easement reserved to GRANTOR and the PELICAN BAY IMP`ROyE<Nc j DISTRICT (P.E,I,D.), its successors and assigns, for that parrcel of land as ;are particularly described in Exhibit ''8' to Schedule •A`, _attached hereto and made a part hereof, for the operation and Mai stenance of _jzt:er . � . iarli3GdeSIt �uTpoSeS..- _. - D iTEivi -_- -_ This lnstruaent prepared by: = doc=ent accepted by the &CCjon April 13, 1362. "7 Peter D. Becht _ / s'��` ' 'y_r�'' 5w 1,� f/ f� Pe . ^Bey H T yd . B Naples, FL y 33g40 Mac RECORDER'S MEMO: L.egihiity Of writing, typing or printing a - P9Re unsatisfactory in this document when received. ( o� `Z OR BDGK 1 -0 A PAs_ IF -'AT AkT THE : THE PAP.' -L DESa 'BE D IX EXuIS TT `P IS USED : OR DINER T 3IAX PML:C' BEACH ACCZ-S5 nRP45ES,- FKE PARCZ SHALL A.IITOKATIM -LT REYERT TO �AKlOF_ IC HAVE AXD TO HOLD THC SME together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estata, right, title, interest, lien, equity and claiz whatsoever of ERAKTOR, either in law or equity, to the only proper use, benefit and heocf cf 6KAKTEE forever. IX kITN S5 ki?EOF, CORAL RIDGE -LOLL IM PRDPERTIES, 1KC., a Florida corporation, has signed and sealed these presents the day and year first zbove wri tten. Signed, sealed and delivered in the preserve of: SATE OF FLORIDA } Cl ;7fi OF MLL :E i CORAL P,IDaE-XLlI ti= BY: ATT 7 Louis rip egstM', Assn;' : I HEcE5Y wRTIFY that on this day, before �, an officer duly authorised in tte State aforesaid ?rd in the County afcresaid tc taze arznowiedc —nts, personally appeared ROSS P. OSLEY, President cf Coral Ridge - Collier ?r�erties, Irr., to me known to be tare person described in and who ezec_t —j the foragoiN instnrwnt and he acknowledged be:cb sae that sme. Wu-THEES my hanf an official seal this 13th day cf, A r',1, 1582_ RECORDER'S MEMO: Legihility of writin -g, typing or printing- unsatisfactory in this docurnent when received. O �d W in the Ccunty and State last aFr esaa�., rictary up; 1 c - - My Coznission Ezpires: Lw:A's7 PUaLIC SATE Or m- ccntitsstcxt WIMS rr^y .c iseS Nn -a- htCI L, —: �.4S ��c yea .. T. __ .. r—1 lr� { i— • � L� i 1 hy� h • ,r# "° _;.,�, , yrY�. �. :ar �_ .iii iYe r b►_' ■ CR BOOK DE—_ ARATIOM OF £ESinii:i iOKS Alen PROT Est IYE cove h TS FOR A ?0ZTIOi€ OF SECTIOX 32, TC'dXSiilY 48 SOUTH, PACE 25 EAST, COLLIER CDUGY, FLORIDA This Declaration of Restrictions and Protective Cavenarts wade this 13th da„v of April, 19K, �Y CORAL RIDGE-- MLLI_.. PROPERTTES iXC a -_I .0-d a curporatior.. • ' fr'i:Tx SS ETN WHEREAS, CORAL' P.IIYE -LOLL Irs'R PROY-ERTIES. INC., a Florida corporation, presently haying its principal place of business in Collier County, Florida, the r--=rd owner of the PUBLIC BEAMi ACCESS SITE as described in ARTICLE I of this Declaration, desires to create a quality - deveiop=eent with restrictions, cnrenan:s, servitudes, iamosi`.ions, aasenents, charges and liens as hereinafter set fo th for the preseryaticn of the property values of t OWNSPS therein.. Krai, TH'�Er RE, CORAL RIDGE - COLLIER PROPERTIE . IN C dec',ares that PLnLIC BEACH ACZFM 5ii- or any portion thereof as described in ARTICLE of T this Declaration shisli he held transferred, sold, conveyed and ocs:= ied subject to ttse rnstrjctjors, ccr^ -pant" servi`:�des, ,� e3SCne .ntS, Cha -'VCS a..,... liens trereina :=_r se *_ forth. Tre rzal property su,`lect to this OECLARATION Or icy iRICTiO!f AHD MOT -r.=1 TE COYE?MTS is t!s4t real properly deszrib-ed or Exhibit "r', attar bed Irerato and made a part hereof, ART'-LE DE:7 --n IOMS TM following we ^s when used in this Declaration shah have tin follcxjna meant ngs: 1. `PUBLIC BEACH ACC`SS SITE` shat? mean and ^^fey to a Fortier, of Section BZ, Township 'S Soarth, Range 275 East, ,.oilier County, Florida, as zcrc particularly descJtbed en F, -hibit `A ", attached^ hereto and made a part he.^Paf_ 2 . "OE� m R -AXT' shall an and refer to CORAL L RIDGE -COLL I � PRrcFE7Z INC.,a Florida ccrporat'o. presently haying its principal place of business in Collier County, Florida, its successors and assigns of any or all of its r:uhts under this Declarations. 3 •GYxER" shall mean and refer to every person entities who are the recur,✓ owner of a fee interest SITE, their heirs, succgsso -S, legal reyraserta`ives o A;ZTICLE TI GZ?1SZAL REs Ri:7IDxS USE RESTRICTIONS. cr persons or entity or I PUBLIC BEAC; AC; TS r assigns. O C.w O'% c� G� 1---z F� tL� a_) PUBLIC BEACH ACCZZ�S SITE may only be used for the aperation of a Public beach access site aad attendant facilities, Inc cling but not 1�1xit to such facilities as parijng. beach recreation, nat,re trails, otrse�ratif areas, dune walkovers. be*,h sun shelters, rtstrooms, ani beach ecru p=ertt storage- b.) H18,t: 4• •: b.) That portion of PUBLIC BEACH ACS SITE as mare r-,jcplarly � described on Exhibit t ."C`, :.zr ached hereto and made a part herec-, sharil be used for only passive recreational purposes, including but.not lisxited th durie, -beach "Sur' walkovers, . shettz-rs, ._:restrooms. '-,,and •'beach equipment st; Proyided, however, public parr"N shall not he'a permitted use in that port on =77/7-171 of :DUKIC BEACH ACCESS SITE as more particularly describes on Exhibit RECORDER'S MEN/10: Le_ihiGt` of writing, typing or printin <_: SCHEQU:`: i unsatisfactory in t h is document when received. — -- - r 0" f? 1857 D 10_ GP; BOOK PAGE c. k -bu:iding, structure, facility or other i :provement shall be placed in PUBLIC SEA»rSi AC+:: S SITE unless artd »n: i 1 dec i arant has issued its pri ;- written aDDrovt% tic food or drink cor essiors shei i be Oer=ittec without DE ARUT'S prior written approval. d.) Vehicular access to tha parz`.n; lot at PUBLIC 8--ACH ACCESS SITE shall not exceed a single entrance and exit frog Vanderbilt Beach Rcad (S.R. no. 5 -852) Without D"LARAIT'S prior writ` -en approval of a plan submitted by GwxLRc for additional acres. e.) All facilities, parsing ictz and transportation systems serving PUBLIC BEACH AC=S SITE shall Only be open and accessible to the public during daylight hours and s^_Il close witMn one (l) hour after sunset. All rightti=e uses shall be prohibited by OW exc�t with t r NER he prior, rittnn approval of DECLARANT. f.) OW ER shall provide water management areas for the PUBLIC SEAVH AC :5 SITE in accordance with the requirements c' Pelican Bay i�rev�aetit District (P.9_I_D_). Surface water drainage and management, includtrrs but nct iiaited to storm water storage capacity, shall conform to the overall water Management requirement; Of P.B.I.D_ any meet with the approval of DECLAf.AR1. 2. BUILDING SEETMCK LIKE:., S:7- OF EUiiDING, SIB RES;xI', i01dS AND BUILDING HEIOa'T. a.) The min;== setback of buildings, structures or, par:;ng areas shall be forty (40) feat from the soutnern property line and tv,2aL (ZO) feet froc the norttzern and eastern property lines. b.) No buildin, or facility in PUBLIC E:A,.:-i ACZESS SITE shah ex `r 1C-00 " square feet per structure. c.) The minimum di-tarr_e betweer; any two nnattacted structures shall be One -half (1/2! the s= of their Fights but not less than twenty (20) F_er 1 o d.) Na build!-J9 Or structure of any kind shall e-c. -d twenty (.� 20) fe-et it iU height above finished grade of the site. 3. LANDSCAP IY,c_ a.) -Ail vegetation in PUBLIC BEACH ACC`S Slit s it-- shall be left n O native state. Nawever, when r°. -oral of any vegetation is necessary, a plan for such removal by OWMD� shall be submitted to DECLARAh7 for its prior, rd written approval. b_) All reasonable efforts shall be taken to retain the native vegetation � in areas surruurrding all structures, waikva,ys, facilities or y CJ?t payed areas placed in PUBLIC BEACH ACC,SS SITE. However, in those areas, curer than paved a areas, where the native vegetation 15 reap ved, OWNER shall rep 1 ace and Q maintain such areas as landscmed areas. Ail landscaping shall, as cicsely as pcssible, approximate the native vegetation in the surrounding area. All landscaping shall be accxplished in acct dance with a plan, appry wed by D EG.ARANT. c.) Prior to making any change, variation, or deviation from the mop- -) yed caster landscape plan, OWNER shall first obtain DECLARA?i7'S written zoDrovai Of the change, variation or deviation. 4. VANDERBILT BEACH ROAD RIGHT-OF-WAY As required by Section 73.3(C) of the Pelican Ray PUD Ordinanca, the northern Seventeen and one -half (17 -1/2) feet of PUBLIC SEACH ACCT 517-1-1 i� o� trf adjoining Vanderbilt Beach Road (S.R. No. 5-852) shall be reserved as . ight- of -isay for the possible, eventual tour- laning Of Yan derbilt Beac" Poadt''` -� a. by Collier County. Upon demand by DECLARANT, OwN,R shall dedicate jthe y northern seventeen and one -half (17-3/2) feet to the appropriate gove �ne*ata agency as a public right -of -way. b y� 5. PARKING. DECLARANT snai i develop a pert ion 4. PUSI :C B" C-- �ACH c .TE to p -, ride a l' RECORDER'S MEMO: Legibility i r , ?rrt+ of writing, typino or ,�rintin ;CNE.. unsatisfactory in this document when received. ` U0E°Sb OR HOOK 00136E PAuE ai niaua of one- hundrsd tir_nty (120) paring spac -s for the pu -poses of public betel+ l=ess. OWNER shall be m-=--risible for the operation and r..aintenancQ of said par.irr spaces. There s.h.ali be ro oyernight parkirg p-es- ritied in PUBLIC BE s:H ACCZSt, SITE. 6. PLMS, SPECIFICAT IOPS An LOCATIONS OF STAUCT1fREE. a.) lia structure or facility shall be comner- --nd, exec' d, improved or alter- -d, nor shall any grading, excavation, tree removal or change of exterior color or other wer4. which in any way alters the exterior appearance of any structure or facility be undertaten without the prior written approval of DE'' AWT. b.) ina shall, prior to the coczrencement of any corst; action in P1°LIC E ACH AC=S SITE, submit in sequence to D'cCLARAhT the ,rollow"na materials: (i) a 'preliminary concept' plan whicfl shall include schematic site plans, floor plans and exterior eievations; (ii) 'design proposals' which shall include more detailed building and site design docim --nt 's sufficient and definitive in detail so that them can be deter=ined the character, exterior appearar'e, exterio- materials and coiors, and the quality and kind of building and landscape materials pr„pcsed; arxi (iii) 'construction plans and specification' which shall be a roe extension of the preiisinary concept plans and desicr. proposals. DECLAARXT shall, in writing, after receipt of each required sub»ittai, aoerrve, aaprov°_ subject to required changes, or -erect such plans, proposals and specifications as are su'..sitted to it as requir--d above. Failure to obtain written approval of DECLARANT of all suc!; plans, propcsaIs and spec'.ficaticns prior to the rf any ,nstr-action s:sall be deemed a material breach hereaf and DECLARANT ;hail then have t right s in addition to any other right pemitted by law or in e- ,LIty, to proceed in the courts to cutain a mandatory injunction re.;siring any construction done without said written wprovai to be tarn down or moves' fcrthri th at OVNEZ'S exflense. c.) The approval, rejection or withholding of any approval by DECLARA'i cf the plans, pr^:.posals a ^.d specifications and the location of all structures, and every alterat:cr of any structire shall not be constraec or i::te ;,,reted as a representation cr determination by DECLARARI that any building, pl;: birr.,, eiect -ical code y . other applicable gover7limental re ^,ulaticns or requirements haw_ cr have .. ^t n properly rdet by the OWN&Z. O'riKER shall -I-- resuonsibie for attaining all ne`essary technical data and to make application to and obtain t� approval of Collier County. Pelican. Bay L-prvesaent District and ,� ether-- appropriate govera>:ertal agencies prior to c= entement of an�v�.wark or corst; action. d.) DECLAFcANT shall have no duty, responsibility cr, liability to any 0VM-:R or to any oth -r person whatsoever in respect to the exercise of its riahts or the failure to exercise its - iahts. DECLARANT may reject plans, pr-^posais and specifications based on any grounds or reason whatsoever, irr iuding purely aesthetic grounds, in its sole and absolute discretion. DE-r ArTMl'S derision to approve, reject or withhold its approval of such rrk may, in the sole ezerciso of its discretion, be based capon: (i) th- harony of its exterior design, color and location in relation to, and its effect upon, surrounding stru-`-ums, vegetation, tccography, and the overal i community design, (ii) the character of the exterior materials, (iii) the planned quality of the exterior workmanship, (iv) DELARANT'S design and construction standards, (v) the General Development Plan, or (vi) any other material and relevant factors. i. E,TERIOR COLORS AND MATucIALS. IEa exterior colors or materials on any structure or facility shall bo pe- it*_ed that, in ti-e soie Judgment of DEs''...ARAXT, would be inhar- ..onious or discardae. or incongruous with the Pelican, Bay com=nI ty or the PUBLIC BEACH AC=- SITE. Any future exterior color or material changes desired by ow?ia must be first approved by DECLA;ZANT in writing. NO cats dogs or other dxesticated animals shall be p tt*c-- -- ----{� PUBLIC SEAU ACCESS SITE. � 17�, . � AvEN � A � �cr w RECORDER'S MEMO: Legibility Of vvritinn, typing or Printing —r ' onsatisfactory in this document aanu 3 a` . when received, - a W O CJ7 O a BOOS, �. F'lu:, FY gUILT 5;nUr lJ'�ES. go structure or facility of ar,7 kind o` ghat is ca=oniy knowr as "a ~cry built', 'modular`, or 'aabile home' type canstruction stall be erected it PUBLIC BEACH ACCESS SITS without the prior written ,permission cf Gc L v2:in 10.. UMDEZc"RMXD UTILITY LIh All electric, telephone. gas and other utility Iines =st be irstaile urxiergQund, unless prohibited by lax. I I. T ftF, -MAS AND , "iinirnOL�. No outside antennas, antenna poles, antenna masts, electronic deyicns, antennas towers or citizen band (3) or aateur band (ham) aster... ^,as shall be permitted except as approved by DEC:.ARA.'GT In writing. A flagpolefs) for display of the flag(s) of the United States of lverica, State cf riorida o- CnlIier Caunty, Florida and such other flags) as are first aoproved in writing by DE::A2AXT shall be permitted. Provided, how -ver, tt�-- design and Nation of the flagpole(s) roust be first apprcw_d in ►ruing by DEr..LilR ,. An approved flagpole shall pct be used an an aat.ennE_ i2. TO'TJR%.FY ANC STi ULTUR:--7. io t-ents trailers, c .perms, recreational v- -,es (r'.Y`s) 'mac, a--y stn;ctures shall ap permitted to be used, larked, set -up cr rmai.n. Ov ?.rnicf,t unless their si- appeara.^c_ an.. te=orary location in ttze ?L-Li- SFAa AC:=,S SIT; ,have fig. >t been app..,ved by LrE� :R 1T in writirrc_ IS- OUTJOOF Ex'ITiNEIl . All garbage ark trash ccrtairers in PLBLIL 8EA;:H AL ='S ST'_ shall be placed and maintained by Ok7(� in attractive wooden containers or s=e other attractive co ntainer as approved by DECLMAHT. or pU.n7,eses of this section, exposed oil dr- s or such similar containers 'shall not be side e an a *_tractive container. All of i tan bc.tic>d gas tanks, spr ., ^.kier p -mss a 3� other such outdoor equipnen, must bey undo yr^.;nd Or placed in areas so that they shall not be r-eadfiv rsi'Te. Or adequate lands ing shaii be installed around these facilit';es and maintained by 14_ AIR Ci PMITIOK�S. 1.11 air conditioning units shall be shielded and hidden so Shall not be readily visible- hail air condition'.ng unit, may be permitted only upon, the prior written approval of Window air conditien;rw Ln'.ts shall rot be pe - itted. I 5OLAR ML 0RS_ 5olar collectars shaii oniv be pe Witted at locations and on structures as are first approv -d in writirg by GEa VA.KT. i6. Si-ms. ho signs, freestanding or otherwise installed, shall be erected or displayed in or on any land or st :scture, unless the placement, character, fora, size, lighting and tune of placement of such sign he 'irst approved in x -!ling by DEOLARAXT. All signs roust also coe. a= with governverstal caries and regulations and with any eiaster design plans for signs est:biisied by D EL AMT, . .10 - 11 A W CT1 O O i? ti I T7. DALES, FEMLE_<, PAYING AND OTHER S,7UC.URr. -5. F - N� No walls, feu as, shutters, walks, boardwalks, docks, pavement a^ si;,rar, k.•�. st: act:rrss Shall be const: uctsd in PUBLIC BEACH ACCESS SITE - until its hei gAj' -- i th , typ e. design, c = passt ion, Materials and Ioca ti ens shall hiay- first ��' been approved in writing b DECLARAKT. a dispute as to r9 Y RY hei n^` is - , 9' 4- -- -i��z. type, design, ccraosition or material shall he resolved by _ CELL wias.rr. -A,r decision shall be final. Hurricane and stern, shutters steak the exterior of any Structure- or facility. _ not be sta —'- No RECORDER'S MEMO: Les =,ihilitv�i i of wrifin -, typin,, or- P1 intiri� unsatisfactory in this doc ument . �_ . o. When received — - - :i L 0 v v C! OR EOOK 18. :Iii}'.T IM& rrGG XD exterior lighting of PUBLIC HEATH ACCESS SIT- shat; be perait`e-, ritht=t DE .kWT'S pricy s:rittan zprayal of a ighting pia, >,:ii_Led -by CAR. 79. d &1KTEXMCr OF P — EMISE5. Ma refuse or unsightly objects snail be aliosred to be placed or Suffered rmain in PUBLIC SEACH ACCESS SITE_ Ail structures and facilities in PU3L.IC BEACH AC+_SS SIT shall be kept in good, safe, clear., nett arrd attractive condition, and ell structures and facilities shall ba maintained in a finished and attractive condition. 20, ;:AT —ER KAXAGZMEr"T AP, AS. a_) No structure of any kind shaI i be constr ctewd or erected, nor shat i Ol ER in any way change, alter, i=ede. revise or otherwise interferes with the fuse and the volute of water, in any portion of any water maragemmm area reserred for, or intended by D- =ARAHT and t� Pelican Bay Ir.�rny at District (F.B.I.D.) to be reserved for drainage ways, sluiceways a- for the acc=ulation of runoff raters, as reflected in any plat or ins,: r Of recd: -.'. rithaut the sPecific m tten pe:xission Of DE- -LARAKT and P.S._.D. b. ) 0WER shall in no ray deny or prevent ingress and egress to such water canaMent areL for raintenanc.e or landscaae purroses by D-CL„RANT, P.S.I.D., Pelican Hay of Nap ies Foundation, Inc. or any = prep r; ate aorern rrtal agency that may reasoraNy require any right of ingress and egress, and easevems t.erefore are beer-eby sNe= ificaily reseryed arts created. LIC HEATH ACCESS SITE sha,l not be ir�-reased in s1ze fro r t -, in or outside c P"LIC BEACH ACCESS SITE, vithaut the pricy written consent e DECLARANT and P.B.I D., by artifically fining in any rater or, retention and drainage areas on which it abuts. OiO(ER shall not fill, dike, rip -rap, blocz, divert or change t1e established water or ret--nticn and drainage ar-as tS;at haw_ been or may be created by easement_ 21. D- C1.AR.AKT' S E�t�F_�ATiOu. Dc-ihnwa grant withhold a- wary deny its permisc ;ar, or acpr;va: in any instance where its pe:nossi ^n ^- _ —^ „ =�_i per-nittad o- regu1, wit,. t and liability of any nature or kind to "NL^R or to any ctier person for any 'C aacn s ?hatsceyer, and any pera:ssioo or approval grat=ed s "alt be birdir,y upon ail persons. A602E I i : GENERAL PROVISIONS I. RESEPYED V&fTS. a.) DECLARAHT reserves the right to conduct certain fill acti ri ti es as permitted in the U.F. Army Cz ps Of Engineers Permit No. 751-0212 (November 18, 1981), as recarded in Official Records aoak 966 Page_ 1s24 through 15. Inclusive. of the Public Records of Collier County, Florida. b.) DECLARANT reserves the right to construct a ane- hundred twenty (120) Parking Spada facility in PUBLIC BEACH ACC SS =4E, in satisfaction of Pelican Bay PUB Ordinance Section 13.5(D.) (Collier County Ordinance No. 77 -18, as aoended), including but not limited to such construction - related activities as site preparation, paving, drainage, r.rbirni and landscaairr-. 10A CWK� rP Cal O wlz$ NNW C.) DErCLARAXT reserves an Easa%ent for itself and for the PE_ICAl9..sl y I24PRtiYElCK MIMIC to constru ,D (F.3.I.D.), its successors an.. assigns, operate, Maintain, rn e �= e t < r I r-, +e e pair, rtplace or rebuild drainage structures and Watn R._ and sewer. utilities in. over, on and above t,* property, with the right 'jf.',. l � — Ingress and eg;4ss. , GRANTGR or P.S.I.D. shall repair and /or replace arty area which it May disturb, damage or destroy in the construction, ape�-at; t or N i t maint_nanc> o' said drainage sty rctures am' rater and sewer utilities. --== -7 AG j\lr,, n`1.s RECORDER'S MEMO: 1 i► SZAE C'-- i _e ih its' �D `.;' 3 •,j�n i of writing, ty),in�> or r�rinti„t F,g,� = & ) (- 1. �s t unsatisfactory in this document when received. - s1 il•. i ' d. ) L'`CLARAKT reserves an Ecsement for itself and for the PELICAK EAy IM-R0YL-.E_;iT DISTRICT (P.S.I.I,), its successors and assigns, far that pa -el of land as ac:,t particularly described in attac:teed hereto and made a part hereof. for the operation and ~caintena:tie of water manaaeae'rt purposes. Z. PITS CAM shill cooperate and assist DECLARAX71, iMludi 39 becoming a JoInt applicarrt, in any percit application to any governwertal bodies for tic purposes of facilitating public beach access. 3. FK_E-KD LaT. D CL.ARAKT may, in its sore discretion, modify, aaend, waive or add to this Declaration or any part therecf. The poorer of tme'n� er,t, however, shall be limited to m- edification or eniargesent of covenants which shall art substantially impair the general and ur.ife^ plan of develc eat originally set forth herein. E. 6A!Yr —R. Any waiver by D_CLARAK7 Of any provision of this Declaration or brzach he^_of oust be in citing and sl all not e::- z! cr be ccr.st reed as a w2iver of a.V other provision or subsequert br ach. S. DECLMATION RUKS WITH Tii_E LAND. toe covenants, conditions, restricticns and et:zrr provisions under this De laration shall r:rn with the lard and bind the property within PUBLIC SEW-_: ACCZaS c_ is DECLARANT'S intent, by thi ec D_ 'r atiors, + .c corserve and ;-otect the natural resou `> and scenic beauty of the PUBLIC BEACH A;.r_.,_ for the benefit Of t:!-- 'present and future owners of the real property enc,zhered herein. The purpose c-f this Declaration mandates, and it is O DECLAP.Ah7'E intent to furthera nzze of this purpose, that this O bA ec?ara' ion 70 6. RIGni OF FIRS RE=35AL. W If at a:-,-e tic^ 0k'iE� shall offer to sell lease. donate, rent, exchange otherwise convey an .irraro <- :npJaF_iC _P AL} ..ACCrtS Si or ar._v aor:{or, thereof, to any person cr entity, ONME`Z shall first notify DECLARA� in _ writir-g of the proposed transzcticr.. DEECL.IRANT shall have tare r.'aht W'.trr. silty (60) days to accept Oe terms of the proposed transaction !n its oar nay for the grass purchase price and on the terms specified in said transaction. If DECLARAKr shall not so elect_ Within the said peHod, CWN:R may then sell or convey PUBLIC BEACii ACCI✓S 5iic to buyer, provided the said C=> transaction is on the same terms and conditions and for the price set forth in the proposed transaction seat to Dc `ARMT_ 7. LcnISLA7IOK_ QYRER shall not apply for dredge or fill permits in PUBLIC BEACH AC,-.'S STiE from any gcver=ental bodies, regardless of arty future amendments to the statutes or regulations of the United States or the State of Florida or as a result of decisions of the courts & the United States or the State of Florida. without the prior written consent of DE-CLARANT, which consent XIAY be Withheld in the sale and absolute discretion. of DE; _ARAKT7 B. ENFi1RCEMENT AND ASSI GM Eh7. a. ) DECLARANT reserves unto itself the ri g. "., and the power, (1) to enforce the restrictions, covenants, conditions, res...ic_ ions, and other provisions of ti;is Declaration, and (ii) to delegate or assign, either exclusively or roe- exclusively, any or all of its rights, powers, dLties or privileges to any ) fr— -` Per-son or entity. DECL.�RAYT shall be under no obligation to delegate a " '`M, assign any of its rights, powers, duties and privileges contained in this Declaration to any person or erraty_ b.) DE_L.A.RART shall have the right and the power r-� ,)'`� covenants, conditions, restrictions an,;, other prroeisior.S� +.rco• this ai,'C by 6i ! IFCORDER'S MEMO: Let ibilitv _ n writing, t in!; or p ,_ SCHEOG`= - ;sfactory in this documCilt %age o or„ . received, 10A FAGS Declaration by arty procaedirI at law or in equ{ty scainst any person riolatir< or attewting to violate any such provisions, to restrain any violation or attwepted violation of such provisions, to require specific perfa^ar e of scr_h grovitions, to recover damages for xiulations of such pravisions. %ailure by D-.LARRKKT to enforce any of such pror ?slons shall in W event be deemed a waiver of their right to do so thereat"ter. 4. S YERMILli". If er{r section, subsection, sentence, clause, phrase or portion of this fiellaratiart is, for arty mason, held inva id or urr+orstitutionaI by an3- caur: of competent jurisdiction, such portion shall be deemed a separate, dtstirrt and Independent prnvizior, and shall not af`ect thw validity of the r�cainirrg portion thereof. I# WITX SS ldifL-FOF, CORAL RIEDGE -CCLLME-0, PROPERTIES, IYC_, a Florida corporation, does hereby execu-e this DE=LARAT10K OF RFC RlL7Ii'w5 AMI) PUT 71YE COY_NA,Y's in its nave by its undersigned, authorized officers arM affixes its corporate seal hereto, the day and year first above vritten. WITM=: MRAL Rluo LL ?LF? i�p� ��dyS`~ Tier 9 _ is S� -: ��_,__'. --•` _. .tC_SS ATT Luul s ? ! Ftgegn tnc, STATE OF FLORIDA } =-N-FT OF COLLIZZ ) T!n `oreaaiN irstr=ent w.,s acz- icrie:iged be=am ze this 13th day _of :�.r- 19F., by CROSS P. OELE as a- Did f I" r er: a CORAL. r�. ��- -COLE_ � Pt2�°ErZ': � �a Florida corperatior, cn behalf of t *e corporation. _ Mo.ary rune c o rfa �cAYP.:::,StOCEF.^S hAd b Mr �Gw�uSlCry 7J»! :. 19a5 Ito. L;PDczw'Mz� Fj �3l O C_T7 RLCCORDER'S MEMO: Lc +!ihihty of writing, typing or printin, Page ? unsatisfactory in this document when received � >. E F ter iv! f^1 h vl t l 000966 001873 OR BOOK & L� LEGAL DE.SM IFT ION All that part of Section 22, Township 48 South, Ra,=e Z5 East, Collier County, Florida, being described as follows; cox =Iing at t!>` southeast corner of Section 3Z, Township fib South, Renge 25 East, Collier County, Flori-ia; th-M2 LION ti•- east line of said Sytian 3Z. Morth D.0- 38' -so' hest 3437.36 feet to the southerly riaht- of -wav line of Sta:z Read s -367 (Vanderbilt Beach Road); t'err'a along said r'gttt -rf sac line Barth 8DO- 08' -30' iies:. 11133.38 ,ve_ t to the ?OIXT OF EEBIHIDG. of t:r_ parcel herein described;. —then e South West ZZ5.00 feet; theme Korth ECa- ,?8' -2G' West 724.44 feet to the State of Florida. Department of Natural Rescue -czs Coastal Construction Cantrcl Line (;--r- reYised map of record recorred July 23, Igso, Collier County, Florida); thence continue !North 8x 1 &'- "c0' (rest 2C0 feet .w re or less to the ?4ear. High Water Line of the Cull of K- -zico; then..e northwrestarly aloe.; said "-an High Water Line 241 feet a:are or to less a paint on the said southerly right- cf -toay line cf State Read 5 -csa2 (Yarsdarbilt Beach Read); these along said rich, .- -,gay line South 80 -0E' -2C` East 2Co feet =ar4 or less to the said Fluid,, De?a -tnent of Natural Resources Coastal _ _ ^ Cost- vcticn Control Line; thence -- orm"nue along the southerly runt- of--way fine of said stm:e Raac - 5 -862, South 80o- 0E' -2^` East 810_30 fee'_ to the Point of Beglrnirx; of t* parcel herein described_ subJec: tc easeqwerts and restrictions of recd. AG- M��,r� T'f SVE mwl LV _ j �F f ~r^ 5 CUlit i 1� X1;.4.- .�. aLCO�ll�iz�s ��L ��: i_C :,[i)liirl' of writing, typit1 , o, ?age 1 of .. unsatisfactory in this document when received, f� 9 W O- b OP- F-26 ts� O DG✓CEuS C i E;I K OR BOOK LEGAL DESCRIPTIDR All that part of Section 32, Tcwnship 48 Sou" , Range 25 Sass, Cailier Count Y, Morida, bciM described is fol ions; Coming at the southeast career o! Section 32, Taxnship 4s 50cth, Rznge Z5 E st, tallier County, r"iorida; theme alorr the etst lfne of said Section 32, !forth OOa- 38'-50• hest 3437_06 feet to the sautharly right- of - 1;ne of Stz t-- head S -SEZ (�anderbtlt Beams'; Raa.d }; tin r siotq sxi right- of-rtiy line Furth 800 -08' -20' 'West 767 ?.iI fect to the POI?(T OF EEGIXKIKG of the ersment h-_ m i n desLri � ; there South 030- 51' -38' East 151.76 feet; th--=2 South 09c -79' -4 " F-3 s' 35.63 feet; these South 040- 29' -53' Eas: 27.90 feet; there South 130 -18' r11" West 16.92 feet; there isorth 8o- d8' -20' hest 165.27 feet; these Ficr:h 03c- 33' -35" ast 59.22 feet; t`senc- e north 080 - 55'-00' ktest 6.04 feet; theme Month 090-49'-1 O" hest 8.95 feet; there Aor h 380- 15' -Z5" hest 76.16 feet; thence %ar:h West 20.25 feet; thence North 648- 1 -5 '-40" west 17.00 feet; the =z' Xorth 24-0- 44' -30' hest 34.48 feet; there hcrth 018'- 27' -30' East 40.12 feet; thence Narth - 70- 19' -Go, Hest '7_76 fe-* `.sere 7forth 600- 32' -23' E_s, 33_49 feet to the south.r'.y r Cg.t- cf -Va'• Iine of said State Road 5-262; thence along said right- cf-xay lane Scut:• SDI- -G8'-ZD` � i —� the Point of Beginning of the easea�rt herein des ribed ;net i7 7 er_ y e`t to e:.sem-Ints and r strict?ons of reco.... Page 1 of 7. RECORDER'S MEMO: l_.e "ibility of writing, ty,pino or printing unsatisfactory in this document when received. � K� •16 4 6 ,E} n3 r-_S U—EC 1 j %0,j ! t 101 1 CD W D t--i �7 �, 1 - 7u ,, r - ✓' v C U U OR BOOK i "; - LEaAIL DES CRI FT I Oh A1T Ltat par: of Section 32, Township 48 South. F,arge 25 sst, Collier Cauntr, Fiorida, berg desc ribed as follows; Caarn`ir'xg at the southeast ca ^ter of Section 32, Township 48 South, Range 2a East, collier County, Florida; tler~a along the east line of said Section 32, Nort;i 00^- 33' -50' West 3437.06 fe--t a the souti: --,y right -e -way line & State Road 5 -362 (Yanderbilt Beach Road). thence along said right-o' -way line Korth SCp- ^9' -20' Brest TS43.02 feat t. ti-- PCIKT OF SESIKKIIt6 of the parcel herein dPSCr' bed; the =e South 6C4- 32'-23' Best 33.49 feet; ther._z Sc ; -h 210- 19' -00' cast 31_78 feat; Cher --a South C10- °_7' -3C' hest 40.12 feet• the -e South 22a 00' -3: . "ast 34.48 frt; the rr- e South 640- 15' -40' East 17.00 feet; thence SaLrth 09w- 51' -10• East 20.25 feet; *ham --2 South 380- 15'-25' East 16.15 feet; 'Iv ence Sau-th 09a- 49' -10' East 8 -95 feet; t`w--nce South 08----= 5' -00' cast 6.04 feet; t�rence South 04a- 33' -3E xezt 54. feat - therce 'forth 8x-- O8' -ZC' Wes" 7-5.06 feet to the State of = iar'da Depart..zft-nt of Natural Resaur:_s Coastal Construction, Control Line (per revised hap of record, recnrded July 29, 1980, Collier County, - Iarida); Liege continue Forth Sr ^8'-20' West 200 feat =re or Tess to t:e mean —Hiah Water L.ne of tfz Gulf of Mexico, tierce nortkr= steriy alone said Mean Kiah Later Line Z41 feet mcre or less to a point on the said southerly right -af -+ray line cf State Road 5-362 (Yanderblit Bea; : Read); thence along said rigr: -,uf -,ray line .South SCo- OE'-20' East 2CO feet more or Tess to 1-he said Florida Cepartrment of Natural Resources Coastal Construction Control Line; theme continue along the southerly right-of-way line of said State Rcad 5 -352, South &CC- -08' -ZO' -East 100.37 feet to the Point of 5ecirnina cf the par--1 her_in descrih°d; - subject to easemen -ts and restrictions of record; EXYIBIT 'C' Paae I of 1. RECORDI-- s NIEM0: Legibilit�� of writing, typing or Printin ", unsatisfactory in this document when receives. � x x , m a W rF� O 'Ty O AGENCA f T E,�, 1 JCJ Fg —� a W rF� O 'Ty O 'Phis Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 (RESERVED) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (tile "Amendment ") is made and entered into as of the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County "), WCI COMMUNITIES, INC., a Delaware corporation ( "WCI "), and HMC OP BN LLC, a Delaware limited liability company ( "Host "). Background. On or about April 13, 1982, Coral Ridge - Collier Properties, Inc. ( "Grantor ") executed and delivered a Quit -Claim Deed (the "Deed ") by which Grantor conveyed to the County the parcel of land described in Exhibit "A" attached hereto ( "Beach Access Site "). The Deed was recorded in Official Records Book 966, page 1864, in the Public Records of Collier County, Florida. Pursuant to the terms of the Deed, the Beach Access Site was conveyed to and accepted by the County subject to certain restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration of Restrictions and Protective Covenants attached to the Deed as Exhibit "A" thereto (the "Declaration "), which Declaration was recorded in Official Records Book 966, page 1866, in the Public Records of Collier County, Florida. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. WCI Communities, Inc., Case No. 02- 1562 -CA (the "Litigation ") seeking a declaratory judgment from the Court based on allegations of the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions "), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint filed in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions. WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined). EXHIBIT "B" -1- 10A 9 W 5-p- a'1 F—j C17 C� II. Amendment of Deed Restrictions. For and in consideration of the premises and other good and valuable consideration, including without limitation the settlement and dismissal of the Litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are hereby amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage ") on the existing parking facility on the Beach Access Site, subject to the provisions of the Deed Restrictions and this Amendment. The Parking Garage (i) may contain up to, but s'nall not contain more than, 350 parking spaces, and (ii) may exceed the 20 -foot height limitation for structures and the 1,000 square -foot per structure limitation contained in the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the height of the currently existing 2 -story parking garage owned by Host and operated by Ritz - Carlton and known as the Ritz- Carlton employee parking garage (the "Ritz- Carlton Garage ") located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz- Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz - Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area equivalent to that of the Ritz - Carlton Garage; however, in no event, shall the maximum number of parking spaces exceed 350. Simultaneously with the construction of the Parking Garage, the County shall also, at its sole expense, construct and maintain a trellis like structure on the top level of the Parking Garage equal in quality and simiLar in appearance to that of the trellis on the top level of the Ritz - Carlton Garage. Before commencing any construction relating to the Parking Garage, the County shall submit to WCI, for WCI's approval, which approval shall not be unreasonably withheld, all plans, including the design, landscaping and lighting, for the Parking Garage and trellis. Within a reasonable time after receipt of the County's proposed plans for the Parking Garage, ViCI shall review said plans and shall notify the County in writing of WCI's approval or disapproval of said plans; if WCI disapproves said plans, WCI shall notify the County of the reasons for such disapproval and shall suggest revisions to the plans which may lead the plans to be acceptable to WCI. WCI may not withhold consent to any proposed design plans on the basis that the building area of the Parking Garage exceeds that of the Ritz - Carlton Garage, provided the total number of parking spaces does not exceed 350. 3. No Additional Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions or alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Garage. The Parking Garage shall be closed daily no later than one hour after sundown ( "Closing Time "). No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. -2- W i4p- Q1 O ri Fj O 5. Permits, variances and other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other goverrnnenLal approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges and agrees that neither WCI nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not he bound by any agreement relating to this Amendment unless such agreement is set forth in writing and is duly executed by all of the parties hereto. 7. Entire Agreement. No alterations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WCI and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been dully given as of the date and time the same are personally delivered, or within three (3) days after depositing with the United States Postal Service, postage pre -paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over -night delivery service from which a receipt may be obtained, or on the day telecopied provided that a receipt confirming the valid transmission of the telecopy is retained by the sender and addressed as Eollcws: In the case of WCI to: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Attn: Vivi.en Hastings Telephone: 239/498 -8213 Telecopier: 239/498 -8217 With copy to: Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. 401 East Jackson Street Suite 2200 Tampa, Florida 33602 Attn: Lawrence J. Bailin, Esq. Telephone: 813/223 -4800 Telecopier: 813/:22. -5089 In the case of the County: Collier County Attn: Marla Ramsey, Director Collier County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL, 34116 Telephone: 239 /353 -0404 Telecopier: - With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - 81F Fl Naples, FL 34112 Telephone: 239/7 ?4 - -8400 Telecopier:239 /774 -0225 -3- 1� �y C.a.> s4:=. 6l O G� f--i Cr F� In the case of Owner to: HMC OP BN LLC 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 2081.7 Attn: Craig Mason Telephone: 240/744 -5276 Telecopier: 240/744 -5776 With copy to: Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744 -5169 Telecopier: 240/744 -5869 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, al.l its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall. supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to 'days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: WCI COT,7UNITIES, INC., a Delaware corporation Print Name: Print Name: ATTEST: DWIGHT E. BROCK,CLERK By: Deputy Clerk Two Witnesses: Print Name: Print Name: By: _ Print Name: It =s: COLLIER. COUNTY, a political subdivision of the State of Florida By: TOM HENNING, Chairman HMC OP BN LLC, a Delaware limited liability company By: -4- Print Name: It_s: "101 s Fic$ rid STATE OF FLORIDA COUNTY OF COLLIER lim, The foregoing instrument was acknowledged before me this day of , 2003, by as of WCI COMMUNITIES, INC., a Delaware corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification. Printed Name: Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEFL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2003, by , as of HMC OF BNC LLC, a Delaware limited liability company, on behalf of the company. He /she is personally known to me or has produced as identification. Printed Name: Notary Public Serial Number (if any): My Ccmmissicn Expires: O (NOTARY SEAL) .� 1: \w -re \35190 \005 \Amd ResCov- WCI002.doc LA.! 10/28/03 FP dl Q f ^v y j r—i -5- RECORDERS MEMO: Legibility of writing, typing or printing, I Unsatisfactory in this document when received, x 9 rn can INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this day of November, 2003 by Ritz - Carlton Hotel Company, LLC ("RITZ- CARLTON ") in favor of Collier County (the "County "). W I T N E S S E TH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Property is currently used as a beach parking lot for the general public; and WHEREAS, the County and WCI Communities, Inc. ( "WCI "), have reached an agreement whereby the County may build a two -story parking facility on the Property; and WHEREAS, RITZ- CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ("HOTEL")- and WHEREAS, the County agrees to allow RITZ - CARLTON to use the parking garage under those certain terms and conditions memorialized in a settlement agreement executed by the County, HOST, RITZ - CAR_LTON and WCI: and WHEREAS. RITZ- CARLTON agrees to indemnify the County from any liability or claims that may arise out of their use of the Property as more fully set forth below. O 7� NOW THEREFORE, in consideration of and as a condition to the County allowing the use of w the County's Property, and such other good and valuable consideration, the sufficiency of which it is ►sue hereby acknowledged, RITZ - CARLTON agrees as follows: o P10 I . RITZ - CARLTON will indemnify, defend and hold the County, its employees, appointed G-21 and elected officials, contractors, and volunteers and other individuals acting on behalf of the County ( "Indemnified Parties "), free and harmless from and against any and all actions, claims, liabilities, C_" assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, c by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ- CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc., resulting from the negligent acts of RITZ- CARLTON. ?. RITZ - CARLTON as used herein shall include its officers, directors, employees, agents, successors, assigns, contractors, invitees, licensees and other persons acting on its behalf. RITZ- CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Pagel of 3 EXXHIBIT "C" 10A 4. This Indemnification shall not be assignable by RITZ - CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ- CARLTON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ - CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ - CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ - CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ - CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ - CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: THE RITZ - CARLTON HOTEL COMPANY, LLC. a Delaware limited liability company IC (Print Name: ) Name: p Position/Title: LA-110 (Print Name: ) .a- csti cs b STATE OF cs COUNTY rn The foregoing instrument was acknowledged before me, this of November, 2003, by , as (position/title) of The Ritz - Carlton Hotel Company, L.L.C., on behalf of said company, who is ( ) personally known to me or ( ) has produced as evidence of identification. (SEAL) NOTARY PUBLIC Name: My Commission Expires: Page 2 of 3 ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 10A ATTEST: DWIGHT E. BROCK By: CLERK OF COURT TOM HENNING, Chairman Deputy Clerk C� 7d w a^+ cs b r-� v Page 3 of 3 OR: 3460 PG; 1518 IN THE ClRCLTT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION COLLIER COUNTY, a political subdivision of the State of Florida, Plaintiff /Counterdefen dant, V. WCI COMMUNITIES, INC., a Delaware corporation, Defendant /Counterclaimant. Case No. 02- 1562 -CA STIPULATION OF DISMISSAL WITH PREJUDICE It is hereby stipulated by and between the undersigned counsel for the respective parties that this action and all counterclaims be dismissed, with prejudice, with each party to bear their own costs and attorneys' fees. Ellen T. Chadwell Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Building 3.301 East Tamiami Trail, 8th Floor Naples, FL 34112 Telephone: (941) 774 -8400 Facsimile: (941) 774 -0225 Counsel for Plaintiff /CounterDefendant John N. Muratides Florida Bar No. 332615 Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. P. O. Box 3299 Tampa, FL 33601 -3299 Telephone: (813) 223 -4800 Facsimile: (813) 894 -6251 Counsel for Defendant/Counterclaimant EXHIBIT "D" OR: 3460 PG; 1519 10A INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and executed this 1 -day of November, 2003 by Ritz - Carlton Hotel Company, LLC ( "RITZ- CARLTON ") in favor of Collier County (the "County "). WITNESSETH: WHEREAS, the County is the fee simple title holder to that certain real property located in Collier County, Florida and more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Property is currently used as a beach parking lot for the general public; and WHEREAS, the County and WCI Communities, Inc. ( "WCI "), have reached an agreement whereby the County may build a two -story parking facility on the Property; and WHEREAS, RITZ.- CARLTON wishes to occasionally utilize the parking facility once constructed after public hours of operation for valet parking at special events held at the Ritz Carlton, Naples ("HOTEL"), and WHEREAS, the County agrees to allow RITZ- CARLTON to use the parking garage under those certain terms and conditions memorialized in a settlement agreement executed by the County, HOST, RITZ - CARLTON and WCI; and WHEREAS, RITZ - CARLTON agrees to indemnify the County from any liability or claims that may arise out of their use of the Property as more fully set forth below. NOW THEREFORE, in consideration of and as a condition to the County allowing the use of the County's Property, and such other good and valuable consideration, the sufficiency of which it is hereby acknowledged, RITZ - CARLTON agrees as follows: 1. RITZ - CARLTON will indemnify, defend and hold the County, its employees, appointed and elected officials, contractors, and volunteers and other individuals acting on behalf of the County ( "Indemnified Parties "), free and harmless from and against any and all actions, claims, liabilities, assertions of liabilities, losses, costs and expenses whatsoever, including but not limited to attorney's fees, by any persons or entity, which in any manner may arise or be alleged to have arisen or resulted from the use of the Property by RITZ- CARLTON, including, without limitation, any claim or claims for bodily injury, death, or property damage, except to the extent that such losses, injuries, or claims arise from the Indemnified Parties' gross negligence or willful misconduct or Indemnified Parties' negligence in connection with the construction, design, or repair, or failure to repair, of the physical structure, grounds, driveways, or entryways of the Property. This provision includes any claims, liabilities, actions, costs, etc., resulting from the negligent acts of RITZ- CARLTON. 2. RITZ - CARLTON as used herein shall include its officers, directors, employees, agents, successors, assigns, contractors, invitees, licensees and other persons acting on its behalf. 3. RITZ - CARLTON shall inform the Office of the County Attorney in writing, with a copy to the Director of Facilities Management, of any claims, demands and threatened litigation that may involve the County within five (5) business days of its knowledge of such claim, demands or threatened litigation. Page] of 3 W_ OR; 3460 PG; 1520 4. This Indemnification shall not be assignable by RITZ- CARLTON without the prior written consent of the County, which consent shall not be unreasonably withheld. 5. RITZ- CARL_TON will observe all federal, state and local laws and to operate and use the parking facility with due diligence and care. RITZ - CARLTON acknowledges that the County will not be providing any staffing or security for the facility after daylight hours of operation and RITZ- CARLTON agrees to assume responsibility in this regard during its use of the facility. 6. Upon requesting to use the parking facility, RITZ- CARLTON will submit a Parks and Recreation Rental Permit and Agreement Form, and shall adhere to the terms thereof to the extent they do not directly conflict with the terms herein or the terms set forth in that certain Settlement Agreement referenced above. RITZ - CARLTON will return the parking facility in the same condition as when it commenced its use of the facility and will remove all vehicles prior to sunrise. IN WITNESS WHEREOF, RITZ - CARLTON has executed this Indemnification Agreement on the date written above. WITNESSES: (Print Name: M c u <• . ;z, iv �`y 4 -� (Print T+ame,,: e STATE OF 1 ;1 t; CL 6" 1" L COUNTY THE RITZ - CARLTON HOTEL COMPANY, LLC. a Delaware limited liability company By: Naroie: Kenneth R. Rebmann Pbasition, /"Title: Executive_V ce President Chief Financial Officer The foregoing instrument was acknowledged befo §e me,, this. '�i ` of November, 2003, by iy F as n 1 `, 7` (position/title) of The Ritz- , at ` ---� -c 7ft-�c cn'�— �-��'�� - Carlton Hotel Company, L.L.C., on be'ialf_of said company, wyY is ) personally known tome or( ) has produced as evidence of identification. (SEAL) NOTARY PUBLIC LName: R„ can t P. E i�y My Comissio Expir es: s: 5 � MAY ' �r. 8 ' 2 007.' Page 2 of 3 ACCEPTED BY: ATTEST: DWIGHT E. BROCK CLERK OF COURT , Deputy Clerk m- 14-WO OR: 3460 PG: 1521 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, Chairman d as to form 1P al sufflcipnr, 4 ss i s a —Count, Attarne�, 'o" -,yai suff'cienca n T. Chadwel l AtWr Page 3 of 3 W� 0 aa965 001873 OR BOOK FQG= LEGAL DESCRIFiIDR A7T th st: part of Sectian 32, Township 48 Sough, Range Z East, Collier County, Florida, being described as follows; C- nmv—=In.^, at tl3-- southe -`t corner of Section 32, Tawrs.ip 48 South, Range Z5 East, Collier County, Fior:da; tsx� along t!I-- east I'ae of said Section 32, tlor'.h 04M- 38` -SC" Best 3437_06 fPet to the soutrerly riab. -of -way tine of Sato Read S -c "5Z (Yandertilt Reach Road); t Inca alorrc said r g rt -af gray t i re ?firth SCc- 78' -20" sYes4 113-3-28 ,`e2t tc tte POINT Mi BE5iXMIX& of t"e parcel herein desc--fbe:f; — leer -e South 9e- 5T' -40" West 225.00 feat; thence loth Vest 724.44 feet to the State of Ficr',da Departaent. of Xatural Rescures Coastal Corst :sctian Czntrcl Lint (t r "eYised map of record r--cnrded .Iuly Z9, i °8D, Collier Count), , F oridaJ; thence continue Mort:: 8Cc- CS' -Lc- 2C" Vest 200 f e ^t = a or less to the Kean High Water Line of the &jTf of m=4,ca; t.'--.qce ncrthnesteriy along said ?lean Hich hater Line 247 fent acre or less to a point on t:se said scut:rerly right- �- " -�3y line of State R a.d S-8cZ (YarsderhiTt Seaclh Road); tbe.: a along said right -of "-,ray Tire Scums, 300 �7S' -?D' _as' ZC4 feet ac^-e or Tess to tre sa,d F1cr =Ca aepar -;t of Natural Resourzes Coastal - -, �- Corstrtcticn Cant-,-al Line; tbencz cnrinue along t:.e scuttrerly rig:rt- of--ioay line of said S *ai 'ikaac 5 -852, Scuth 800- OW -20" Fast 810 -00 fee* to t7p Pcin. of BeginnIDS of t'.e par;-. , krein described - suhject to e3szserts and rest - fictions of retard. RECORDER'S MEMO: Legibility Of writing, typing or printing unsatisfactory in this document when received. E".li I2 I? W .�P sC7 G� F-& tJ'7 N N 10A MOW PG; 1523 -his Instrument Was Prepared By, Record and Return To: Lawrence J. Bailin, Esq. STEARNS WEAVER MILLER WEiSSLER ALHADEFF & SITTERSON, P.A. Post Office Box 3299 Tampa, Florida 33601 (RESERVED) AMENDMENT OF RESTRICTIONS AND PROTECTIVE COVENANTS This Amendment of Restrictions and Protective Covenants (the " Amendrent") is made and entered into as of the day of , 2003, by and among COLLIER COUNTY, a political subdivision of the State of Florida (the "County "), WCI COMMUNITIES_ INC., a Delaware corporation ( "WCI"), and HVC OP EN LLC, a Delaware limited liability company ( "Host ") Background. On or about April 13, 1982, Coral Ridge - Collier Properties, Inc. ( "Grantor ") executed and delivered a Quit -Claim Deed (the "Deed ") by which ,Grantor conveyed to the County the parcel of land described in Exhibit "A" attached hereto ( ",Beach Access Site ''). The Deed was recorded in Official Records Book 966, page 1864, in the Public Records of Collier County, Florida. Pursuant to the terms of the Deed, the Beach Access Site was conveyed to and accepted by the County subject to certain restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration of Restrictions and Protective Covenants attached to the Deed as Exhibit "A" thereto (the "Declaration "), which Declaration was recorded in Official Records Book 966, page 1866, in the Public Records of Collier County, Florida. On April 19, 2002, the County filed an action in circuit court in Collier County, Florida, styled Collier County vs. W_CI_ Communities, Inc., Case No. 02- 1562 -CA (the "Litigation ") seeking a declaratory judgment from the Court based on allegations of- the invalidity and unenforceability of the restrictions, reservations and protective covenants set forth in the Deed, including without limitation the restrictions, reservations and protective covenants contained in the Declaration (collectively hereinafter referred to as the "Deed Restrictions"), and enjoining any further enforcement of the Deed Restrictions as more particularly set forth in the County's complaint f =led in the Litigation. On May 20, 2002, WCI filed a counterclaim against the County in the Litigation seeking injunctive relief enjoining the County from violating, and for an order for specific performance requiring the County to comply with, the Deed Restrictions, WCI is the successor to all of Grantor's rights and interests in and under the Deed Restrictions. As part of a settlement and resolution of the disputes, both actual and potential, which arise from or relate to the matters raised in the Litigation, WCI and the County have agreed to execute and deliver this Amendment, and to abide by and comply with the Deed Restrictions, as amended by this Amendment. Host enters into this Amendment for the sole purpose of memorializing its consent to this Amendment and the terms of an agreement between the County and Host on the use, and the terms of use, of the Parking Garage after Closing Time (as hereinafter defined). II. Amendment of Deed Restrictions. OR: 3ff a q " ' 5 3 For and in consideration of the premises and o r o uabie consideraticn, including without limitation the settlement and dismissal of the litigation, the receipt and sufficiency of which consideration is hereby conclusively acknowledged by the parties hereto, WCI and the County hereby stipulate and agree as follows: 2. Recitals. The above recitals are true and correct and are incorporated 'herein by this reference. 2. Amendment of Deed Restrictions. The Deed Restrictions are herebv amended to allow the County, at its sole expense, to design, construct, operate, and maintain a parking garage (the "Parking Garage ") on the existing parking facility on the Beach Access Site, subject to the provisicns of the Deed Restrict.:iens and this Amendment. The Parking Garage (i) may contain up to, but shall not contain more than, 350 parking spaces, and (ii) may exceed. the 20 -foct height limitation for structures and the 1,000 square -foot per structure limitation contained _n the Deed Restrictions; provided, however, that the height of the Parking Garage shall not exceed, or be designed to ever exceed, the neigt,_t of the currently existing 2 -9tory parking garage owned by Hest and operated by Ritz - Carlton and known as the Ritz - Carlton employee parkins garage (the "Ritz- Carlton Garage ") Located adjacent to Vanderbilt Beach Road, approximately 563 feet to the east of the Beach Access Site. The Parking Garage shall be designed, constructed and maintained to be consistent in design and appearance with, and in quality of materials and workmanship equal to or better than, that of the Ritz - Carlton Garage. The parties hereto acknowledge that the County Parking Garage will exceed the building area (square footage) of the Ritz - Carlton Garage, and nothing contained herein shall be construed as limiting the building area of the County Parking Garage to an area eauivalent to that of the Ritz- Carlton Garage; however, in no event, shall the maximum number of parking spaces exceed 350. Simultaneously with the const ruction of the Parking Garage, the County shall also, at its sole expense, construct and maintain a trellis -like structure on the top level of the Parking Garage equal in qualr.ty, and similar in appearance to that of the trellis on the top level of the Ritz - Carlton Garage. Before commencing any construction relating to the Parking Garage, the County shall submit to WCI, for WCIIs approval, which approval shall not be unreasonably withheld, all plans, including the design, landscaping and lighting, for the Parking Garage and trellis. Within a reasonable time after receipt of the County's proposed plans for the Parking Garage, WCI shall review said plans and shall notify the County in writing of WCI's approval or disapproval of said plans; if WCI disapproves said plans, WCI shall notify the County of the reasons for such disapproval and shall suggest revisions to the plans which may lead the plans to be acceptable to WCI. WCI may not withhold consent to any proposed design plans on the basis that the building area of the Parking Garage exceeds that of the Ritz- Carlton Garage, provided the total number of parking spaces does not exceed 350. S. No Additional_ Parking on Site. No additional parking spaces (beyond the maximum number of 350 parking spaces) shall ever be constructed or maintained on the Beach Access Site, and no additions or alterations to the Parking Garage or trellis shall be made which have the effect of increasing either the height or the square footage of the Parking Garage. No additions o; alterations to the Parking Garage or trellis shall be constructed or maintained except in accordance with plans and specifications therefore which have been approved in writing by WCI. 4. Closure of Parking Game. The Parking Garage shall be closed daily no later than one hour after sundown ( "Closing Time "). No parking shall be allowed in the Parking Garage or on the Beach Access Site later than Closing Time except as agreed to in writing by WCI, the County and HOST. 5. Permits, variances and _other governmental regulations. The County shall be solely responsible for obtaining all permits, variances, or other governmental approvals that may be necessary in connection with the design and construction the Parking Garage. The County acknowledges OR. 3460 PG. 152510A and agrees that neither WC1 nor any employee or agent of WCI has made any representation or warranty with respect to the prospects or likelihood of the County obtaining any permits, variances, or other governmental approvals necessary for the construction of the Parking Garage. 6. No Oral _Agreements. The parties expressly acknowledge and agree that there are no oral agreements relating to this Amendment, and they shall not be bound by any agreement relating to this Amendment unless such agreement is set for(.h in w.r_ting and is duly executed by all of the parties hereto. 7. Entire Agreement. No al:.erations, changes, modifications or amendments shall be made to this Amendment, except in writing, and signed by WC. and the County. 8. Notice. Any notices which may be permitted or required under the Deed Restrictions or this Amendment shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, or within three (3) days after depositing with the united States Postal Service, postage pre paid by registered or certified mail, return receipt requested, or within one (1) business day after depositing with Federal Express or other reputable over -night delivery service from which a receipt mar be obtained, or on the day telecopied provided that a receipt confirming the valid trar.smission of the telecopy is retained by the sender and ac! dressed as follows: in the case of WCI to: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Attn. Vivien Hastings Telephone; 239/496 -8213 Teltcopie_; 239/498 -8277 With copy to: Stearns, Weaver, Miller, Weissler, Alhadef.f & Sitterson, P.A. 401 lSast Jackson Street Suite 2200 Tampa, F1_orida 33602 Attn: Lawrence J. Bailin, Esq. Telephone: 813/223 -4800 ^eleropier; 8 1-3/222 -5089 In the case of the County: Collier County Attn: Marla Ramsey, Director CollLer County Parks And Recreation 3300 Santa Barbara Boulevard Naples, FL 34 -_10 Telephone: 239/353 -0404 Telecopier: _ /_ -__ With copy to: David C. Weigel Office of County Attorney 3301 Tamiami Trail East Harmon Turner Building - a`° F1 Naples, FL 34112 Telephone: 239/774 -8400 Telecopier:239 /774 -0225 In the case of owner to: KMC OP BN LLC 69C3 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Attn; Craig Mason Telephone: 240/744 -5276 Telecopier: 240/744 -5776 With copy to; Kevin Gallagher 6903 Rockledge Drive, Suite 1500 Bethesda, Maryland 20817 Telephone: 240/744 -5169 Telecopier: 240 /744 -5869 OR: 3460 PG: 1526 Any party hereto may, from time to time, change the address for not_ces to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall supercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise ciefined herein. The descriptive headings used hereir, are for convenience in reference only and they are not intended to have any effect whatsoever- in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. Wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of Lhe day and year first above Written. Two Wi tT: SSe9: Piint Na e ATTEST: DWIGHT E. BROCK,CLERK By: Deputy Clerk Two Witnesses: Print Name: Print Name: �Isulflcloncl ::.•_.....— ,aunty Attorney WCI COMMUP IT1 S, C— a Delaware coy oratio , By; Pr�-nT vl- CO LLIER COUNTY, a political subdivision cf the State of Florida By: TOM HENNING, Chairman HMC OP BN LLC, a Delaware limited liability company By: Print Name: Its: OR; 3460 PG; 1527 10A STATE OF FLORIDA COUNTY OF L2IER The foregoing instrument was acknowledged before me this 1 �yv` day p �_ of Xl�L1i)s I)��, 2003, b} Cti 04 ` _ 4� e_C� "fie as of wCI COMMUNITIES, INC., a De�aware corporation, on behalf of the corporation. /she iperscnaily_ ]cnovan to me or has produced as identification. ' ,ire_. Pri_ :ted Name CC. Notary P- _tblic Serial Number (if any)iC My Commission Expires: (NOTARY SEAL) �+. KAREN J.G000H +.: Notary Public, State of Flodda ` =a: My oomm. expires March 9, 2007 ,•: STATE OF FLORIDA R Comm. No. DD191636 COUNTY Or COLLIER The foregoing instrument was acknowledged before me this day of 1 2003, by , as of HMC OP BNC LLC, a Delaware iimi --ed liability company, on behalf of the company. He /she is personally known tc me or has produced as identification. Printed Name:_ Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEAL) I: \w -re' 36190 \OOb \Amd ResCOV- ',X10D)2.dcc 10, 28/03 WCI LEGAL Fax:233 -7 98 -8277 Noy 18 2003 15:10 P.05 10A OR; 3460 PG; 1528 Any party hereto may, from time to time, change the address for notices to said party by sending to each other party hereto written notification of such changes pursuant to this Section. 9. Miscellaneous. Except as amended by this Amendment, all its terms and provisions of the Deed Restrictions shall remain, in full force and effect. in the event of any conflict between the provisions of this Amendment and any provision of the Deed Restrictions, the provisions of this Amendment shall subercede, govern and control. All capitalized terms herein shall have the same meanings as they have in the Deed Restrictions, unless otherwise defined herein. The descriptive headings used herein are for convenience in reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereunder, nor shall such headings be construed to alter or limit the meaning or application of any provision of this Amendment. wherever in this Amendment reference is made to a number of "days," unless otherwise provided, such reference 'to "days" shall mean calendar days. IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and year first above written. Two Witnesses: Print N3 e: Ai?-n 3 C 3C A e ATTEST: DWIGHT E. BROCK,CLERK By: Deputy Clerk Two Witnesses: AA 4"At-- j Print Name: Pri17 t Nam : 0 1" k c: r" WCI Del Sy: COLLIER COUNTY, a political subdivision of the State of Florida BY TOM HENNING, Chairman HMC OP SN LLC, a Delaware limited liability coitipan Ry :T ` Print ame WC1 LEGAL Fax:239- 498 -8277 Nov 18 2003 15:11 P.06 * ** OR; 3460 PG: 1529 * ** STATE OF FLORIDA COUNTY OF e'6f4r_r -9R The oregoing instrument was acknowledged before me this k:J� rday of 2.003, by r bd W as WCI COMMUNITIES, INC., a Delaware co oration, on behalf of the corporation. _y--/she is personally ]rn_ ?k71 to me or has produced Notazy Public Serial Number (if any) my Commission Expires: (NOTARY SEAL) KAREN J.GOofF Notary Public, Scats at Florida WOMB March 9, STATE OF FLORIDA a� My cComm. No. DD19163d2007 COUNTY OF COLLIER The fore oing instrum t was cknoLledaed before me this day �! 9 of J e,zP1 Ln !r, 2003, by ( ('''1 _rj i`��,i i - -' as �C.f' N+ t�J —i(i. „1 of . RMC OP BNC LLC, a Delaware limifjd liability company, on behalf of the company. He /she is personally known to me or has produced as identification. L•', s;- re \3619p \OPS \�md ReeCow WCI002.da Printed Name: Notary Public Serial Number (if any): My Commission Expires: (NOTARY SEAL) MELISSA A. DURBIN NOTARY PUBLIC STATE OF MARYLAND My Commission Expires April 24, 2006 ;u m m c z m CO) X -q M M 0 M C) ro m rio r- r- C, r-n C) 41 () Q) Q Uri C 2) O O ri C) O P Tx roc c) 6 Q3 R CO CO 0 to dn yl t, -i LU LLI C3 C3 C3 LU In CP X: ni r1 Fy I .fir Mi ; Date: June 28, 2004 To: Steve Carnell Purchasing /General Services Director From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: NOTICE TO OWNER /NOTICE TO CONTRACTOR - Immokalee Road Enclosed please find one copy of the document referenced above, regarding Agenda Item #10G, approved by the Board of County Commissioners on Tuesday, November 18, 2003. The original document is being retained in Minutes and Records If you should have any questions, please call me at 774 -8411 Thank you. Enclosures WARNING: FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID C01 RS, StA CONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROVER7Y EVEN IF YOU HAVE MADE PAYMENT IN FULL. - -UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. - -TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR. NOTICE TO OWNER/NOTICE TO CONTRACTOR June 22, 2004 25799 -864 70033110000357874234 MAIL TO: COLLIER COUNTY BOARD OF COUNTY COM (OWNER) COLLIER COUNTY BOARD OF COUNTY COM P.O. BOX 413016 P.O. BOX 413016 NAPLES FL 34101 NAPLES FL 34101 The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows: CONCRETE AND RELATED MATERIALS for the improvement of the real property identified as IMMOKALEE RD & WILSON BONITA SPRINGS IMMOKALEE RD #02 -3419 — IMMOKALEE ROAD CR 951 TO 43RD AVE NE NAPLES, COLLIER COUNTY, FLORIDA under an order given by CURB SYS OF SW FL & SARASOTA L L C. Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes. IN THE EVENT THAT THE CONTRACT FOR IMPROVEMENTS IS BONDED, PURSUANT TO SECTION 713.23, FLORIDA STATUTES, SECTION 255.05 FLORIDA STATUTES, TITLE 40 U.S.C. SECTION 270, OR ANY OTHER FORM OF BOND, THE UNDERSIGNED INTENDS TO LOOK TO THAT BOND FOR PROTECTION AND PAYMENT. THE UNDERSIGNED REQUESTS A COPY OF THE PAYMENT BOND AND A COPY OF ANY DIRECT CONTRACTS PERTAINING TO THE IMPROVEMENTS FOR THIS PROJECT AND AGREES TO PAY REASONABLE COPY COSTS FOR SUCH COPY. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Florida's laws, those who work on your property or provide materials and are not paid, have a right to enforce their claim for payment against your property. This Claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. PROTECT YOURSELF: -- RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid. -- LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Business and Professional Regulation. (General Contractor): By: APAC Authorized Agent for: 14299 ALICO RD KAREN A. GUTEKUNST FT MYERS FL 33913 KREHLING INDUSTRIES INC. 1425 WIGGINS PASS RD. E. P.O. BOX 110009 NAPLES FL 34110 (239) 597 -3162 70033110000357874227 70033110000357874210 cc: APAC CURB SYS OF SW FL & SARASOTA L L C 14299 ALICO RD 10964 K -NINE DRIVE FT MYERS FL 33913 BONITA SPRINGS FL 34135 Item # 10 U Date D Lit/5103 Date Date Recd Z O p16 uty Clerk v 10G KREHLINO INDUSTRIESs INC. READY MDCED CONCRETE - BLOCKS- PAVERS - BUILDING MATERML8 WHAT IS A NOTICE TO OWNER ? ? ? ? ?? You have just received a Notice to Owner from Krehling Industries, Inc. Perhaps you are asking these questions.... What is a Notice to Owner, and why was I sent this document? Those are both good questions. This short summary will attempt to answer them. Florida law requires that anyone who supplies labor, services or material to your contractor on your construction job must send you a Notice to Owner. THE NOTICE TO OWNER IS NOT A LIEN ON YOUR PROPERTY. IT DOES NOT MEAN THAT YOUR CONTRACTOR HAS FAILED TO PAY THE COMPANY WHO HAS GIVEN THIS NOTICE. It merely informs you that Krehling Industries Inc. identified in the Notice to Owner is on your job and gives you a general description of the type of materials they are supplying or the type of work that they will be performing. Before paying your contractor, you must make sure that the person who has given this Notice to Owner has been paid by the contractor. You do this by getting a lien waiver from the person identified In the Notice to Owner as: "under an order given by". If you have a construction lender and the lender is paying the contractor directly, the lender is responsible for getting the necessary lien waivers. You may wish to check with your lender to verify that they will be managing these documents in connection with each payment to the contractor. This is a very general description of the owner's obligations under the Construction Lien Law. If you are in doubt as to your rights or duties under the lien law, you should consult an attorney. Sincerely, KREH4NG INDUS T S, IN President of Finance Enclosure: NOTICE TO OWNER (239) 597 -3162 (Naples) R O. Box 110009 Naples, Florida 34108 -0101 (239) 337 -2265 (Ft. Myers) (941) 639 -2404 (Punta Gorda) 12A DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 16A1 MEMORANDUM Date: November 20, 2003 To: John Houldsworth, Senior Engineer Planning Services From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -383 Enclosed please find one copy of the document as referenced above (Agenda Item #16A1), approved by the Board of County Commissioners on November 18, 2003. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774 -8411 Thank you. Enclosure RESOLUTION NO. 03- 383 max, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN LINKS AT THE STRAND, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 14, 2000 approved the plat of Links at the Strand for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01 -57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Links at the Strand, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Links at the Strand homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: v ATTEST f. �' DWIQII�E�3e1f,;1RK Attest ' �t to1r s signature,'%a�''�t �. Approved as to form an legal s Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA By: o TOM HENNING, CHAIRMA MEMORANDUM Date: November 19, 2003 To: Lee Combs, HUD Federal Grants Manager Housing and Urban Improvement From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: PPA with Florida Agricultural Products, Inc. Enclosed please find one (2) original documents as referenced above (Agenda Item #16A3), approved by the Board of County Commissioners on Tuesday, November 18, 2003. One original contract is being retained for the record. If you should have any questions, please contact our department at 774 -8411. Thank you. Enclosure (1) COLLIER COUNTY CONTRACT 16 Pt 3 PARTICIPATING PARTY AGREEMENT THIS PARTICIPATING PARTY AGREEMENT, is entered into this j_g46 day of bVCM ,8 F_h , 2003 by and between the Board of County commissioners of Collier County, Florida (hereinafter referred to as the "Recipient ") and Florida Architectural Products, Inc. (hereinafter referred to as the "Company "). RECITALS I. The Recipient was eligible for a Small Cities, Community Development Block Grant for Economic Development (CDBG -ED) from the Department of Community Affairs (hereinafter referred to as the "DCA ") State of Florida in the amount of $750,000. The purpose of this grant was to construct a manufacturing facility at an industrially zoned area known as the Immokalee Regional Airport, owned by Collier County. A written agreement between the DCA and Recipient (the "Award Agreement ") specified the conditions regarding spending CDBG -ED grant funds II. The CDBG -ED Grant funding is conditioned upon the Company taking certain actions regarding development of the property at the Immokalee Airport :Cor purposes consistent with the grant program. III. By this Agreement the Recipient and the Company memorialize the obligations of each regarding implementation of the CDBG -ED grant to the Recipient. IN CONSIDERATION OF the foregoing recitals, and for other good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Recipient and the Company agree as follows: 1. The Recipient's CDBG -ED application, as revised and as submitted to DCA, dated March 26, 1999, (hereinafter the "Application ") is incorporated herein by reference and made a part hereof. 2. The term of this Participating Party Agreement shall commence on the date that it is duly executed by both parties, and shall expire on the date of the DCA's approval of administrative close -out of the Award Agreement and when all other conditions as specified by the Award Agreement and this Participating Party Agreement have been met. 1 3. The Company will create and satisfactorily document the creation and /or retention of at least twenty -two (22) full -time equivalent permanent net new jobs, of which twelve (12) full -time equivalent permanent net new jobs are to be made available to members of low income families as specified in the Application. If more than twenty -two (22) full -time equivalent permanent net jobs are created, fifty -one percent (51 %) of those jobs shall be made available to members of low or moderate income households. These jobs shall be created and /or retained no later than March 27, 2004, which is the expiration date of the Award Agreement. Documentation regarding creation of these jobs shall be by use of the Florida Small Cities CDBG Program Pre - employment Household Income Verification Form for each job created (Attachment A). The requirement for documentation of the creation and /or retention of these jobs shall be retained for a period of three (3) years following expiration of this Participating Party Agreement. 4. The failure of the Company to create or cause to be created and /or retained, or to satisfactorily document the creation and /or retention of the agreed upon number of jobs made available to members of low or moderate income households, shall be a default by the Company of the Award Agreement and of this Participating Party Agreement. 5. The Company shall provide, or cause to be provided, the amount of training to the members of low and moderate income households who are employed in the subject jobs, as such training is necessary to qualify the job holders with the skills needed retain the jobs created by this program. 6. If requested by the Recipient, the Company shall provide the Recipient or Recipient's agents information as Recipient may reasonable require concerning conditions of the grant and the project. 7. This Participating Party Agreement and later amendments hereto, if any, must be approved by the DCA as to form and content prior to execution. Upon approval of DCA, this Participating Party Agreement shall be immediately executed, and the Recipient shall mail a copy to the DCA. The right or approval granted to the DCA with respect to changes to this Participating Party Agreement shall survive the term of this Agreement. 2 6 .r The DCA does not assume any liability or responsibility for the accuracy or enforceability of this Participating Party Agreement through the exercise of its right of approval. 8. Any extension of the Award Agreement pursuant to Rules 9B- 43.014, of the Florida Administrative Code, shall act as an extension of this Participating Party Agreement. Failure of the Recipient to notify the Company of such an extension shall not invalidate this provision. 9. The Company shall enter into a lease for the Immokalee Regional Airport Manufacturing Facility Phase II at a Fair Market Lease Rate through the Collier County Airport Authority. 10. The Company shall be responsible for all maintenance to the Immokalee Regional Airport Manufacturing Facility Phase II, and shall secure insurance of a type and amount to be negotiated with the Recipient. 11. At a minimum, the Company shall participate in the State of Florida's WAGES Program, and will hire at least one (1) permanent full -time employee who is currently seeking work through this program. The hiring of this participant must be documented in writing with the Recipient as soon after hiring as possible. 12. Company, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by the signing of this Agreement, covenants and agrees that it will defend, protect and save and keep, the Recipient and its agents and employees, forever harmless and indemnified against and from any and all claims, suits, actions, penalties, damages, injuries, attorneys' fees (including appeals), costs and charges imposed, for any violation by the company of any law or ordinance, whether occasioned by the neglect of company or those holding under Company or otherwise, and Company will at all times defend, protect, indemnify and save and hold Recipient harmless from all claims, suits, actions, losses, injuries, costs, attorneys' fees (including appeals), damages and /or expenses arising out of or incidental to the performance by the Company of this Agreement, and /or work performed by Company, its agents and employees, under the CDBG -ED grant. This provision also applies to any and all above - listed claims, etc., if any, brought against Recipient by 3 any employee of Company, or by any sub - contractor or IJ6113 subcontractor, materialmen, supplier, or laborer of the Company, or by any person or entity directly or indirectly employed by any of the same. IN WITNESS WHEREOF, the Recipient and the Company have executed this agreement as of the date first written above. ATTEST: - DWIGHT E. -BR0CX, ler a{ By: Deputy C, Attest as to Chair9"9 signature o{�1 APPROVED AS T4 FORM AND LEGAL SUFFICIENCY: PATRICK G. WHITE, ASSISTANT COUNTY ATTORNEY ATTEST: WITNESSES (Two Required) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVISIO� THETE OF FLORIDA By: Date: //-/8'D5 FLORIDA ARCHITECTU UCTS, INC. By: 4 r. William C. Tucker, President Date SIGNATURE PRINT NAME /11 Date SIGNATURE E�6t- A4/ :e.¢ PRINT NAME 2 o - Zy - 03 / o _ ;3L c,L_ 0,3 Attachment A PRE - EMPLOYMENT HOUSEHOLD INCOME VERIFICATION FORM NAME OF JOB APPLICANT HOME ADDRESS MAILING ADDRESS NUMBER OF PERSONS LIVING AT THE ABOVE ADDRESS PHONE 1(,A3 BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE STATE WHETHER THE INCOME FOR YOUR HOUSEHOLD WAS BELOW THE SPECIFIED RANGE DURING THE LAST TWELVE MONTHS. NUMBER OF PERSONS IN INCOME RANGE HOUSEHOLD FOR 2003 WAS YOUR INCOME BELOW THIS RANGE 1 $0.00 TO $39,100 Yes No 2 $0.00 TO $44,650 Yes No 3 $0.00 TO $50,250 Yes No 4 $0.00 TO $55,850 Yes No 5 $0.00 TO $60,300 Yes No 6 $0.00 TO $64,750 Yes No 7 $0.00 TO $69,250 Yes No 8 $0.00 TO $73,700 Yes No Please indicate the race /ethnicity of all persons who reside in the household. Please note that Hispanic is counted separately as an ethnicity. White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi -Racial Asian/Pacific Islander The above information is required by the federal government solely to monitor compliance with equal opportunity employment laws and will not be used for other purposes. Should a job applicant decline to disclose the above information, the employer is required to note race and ethnicity based on visual observation or surname. I affirm that the information stated on this form is true and accurately reflects the composition and income data of the household in which I reside. JOB APPLICANT'S SIGNATURE You may copy this form as needed. DATE G: \CDBG \CDBG - DCA \CDBG Economic Development Grant - Incubator Facility Immok 1999 \PARTICIPATING PARTY AGREEMENT - New Company \Agreement draft 10- 2- 03.doc 5 L. PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF Participating Party Florida Architectural Products Inc. 1 2 3 4 5 6 7 JOB TITLE OF TOTAL FTE TOTAL FTE HOURLY PAY TOTAL TOTAL ANNUAL PROPOSED CREATED JOB JOBS TO BE JOBS TO RATE OR ANNUAL PAYROLL FOR HIRING DATE CREATED BE ANNUAL PAY PAYROLL JOBS TO BE MONTH/YEAR CREATED RATES FOR THIS JOB CREATED FOR FOR LMI TITLE LMI PERSONS PERSONS Wood Cutter 3 3 $17,000 $51,000 $51,000 1/04— 12/04 Assembler 3 3 $17,000 $51,000 $51,000 1/04 -12/04 Pre Finishers 2 0 $21,000 $42,000 1/04-12/04 Post Finishers 1 0 $21,000 $21,000 1/04-12/04 Sanders 6 6 $17,000 $102,000 $102,000 1/04-12/04 Painters 1 0 $24,000 $24,000 1/04 Stainers 2 0 $21,000 $42,000 1/04 -12/04 Shipping Prep 1 1 $17,000 $17,000 $17,000 1/04 -12/04 Administration 1 0 $21,000 $21,000 3/04 Manager 1 0 $40,000 $40,000 1/04 Officer 1 0 $50,000 $50,000 1/04 TOTALS 22 13 $461,000 $221,000 ✓ 6a1xd Q1 Wd&X foaxtyA V 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 January 9, 2004 Mr. Patrick Howard Financial Specialist Small Cities CDBG Program Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: CDBG Grant Award Agreement #OODB- 6B- 09- 21- 01 -EO5 Modification #4 Dear Mr. Howard: Collier County is requesting a modification to the current Grant Award Agreement Number OODB- 6B- 09- 21- 01 -EO5. The modification is necessary due to the change of participating party. The previous participating party, Global Manufacturing Technologies, Inc., was unable to comply with the Participating Party Agreement (PPA) terms. The Collier County Board of County Commissioners and Florida Architectural Products, Inc. have executed new PPA, on November 18, 2003. A copy of the new PPA was submitted to DCA on November 19, 2003. Florida Architectural Products, Inc., is a viable company and will be able to comply w;`h the PPA terms of creating required 22 FTEs and provide job trainings to the low to moderate - income persons. Florida Architectural Products, Inc., has executed the lease agreement on Decem5er 31, 2003. If you have any question-, or require additional documentation, please contact Lee C,;, abs, Collier County HUD/Federal Grants Manager, at (239) 659 -5750. Sincerel Tom Henning Chair, Collier County Board of Commissioners MODIFICATION TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND A3 COLLIER COUNTY, This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ( "the Department "), and COLLIER COUNTY ( "Recipient ") to modify DCA Contract Number OODB- 613- 09- 21- 01 -E05, dated December 29, 1999 ("the Agreement "). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a grant to Recipient under the Small Cities Community Development Block Grant program ( "CDBG ") of $$750,000.00; and WHEREAS, the Department and the Recipient desire to provide for a date certain on which the Agreement terminates. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Paragraph 3 of the Agreement is hereby amended to read as follows: This Agreement shall begin upon execution by both parties, and shall end March 27, 2004, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. 2. The original Participating Party, Global Manufacturing Technologies, Inc., is hereby replaced with Florida Architectural Products, Inc., with the explicit understanding that Florida Architectural Products, Inc. will enter into a Participating Party Agreement with Collier County containing provisions and caveats that meet or exceed the conditions agreed to in the original Participating Party Agreement between Collier County and Global Manufacturing. 3. Attachment K, FFY 1999 Special Conditions to the Agreement is hereby amended to reflect Florida Architectural Products, Inc. as the Participating Party and Revised Attachment K, as attached hereto, is substituted in its place and stead. 4. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the last execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNIESS WHEREOF, the parties hereto have executed this document as of the dates set out herein 9 COLLIER C TY BY: V --- Tom Henning —Chairman 11 -j .03 Collier County Board of County Commissioners as�a►��sumloanay Gar ' Asel�a� �raty A>14 ©ran DEPARTMENT OF COMMUNITY AFFAIRS 31 Janice Browning, Director Division of Housing and Community Development �_ � I 'Oir'`C LL1 K , Attest as o Chair . i` - signature on1 j. Collier County REVISED ATTACHMENT K FFY 1999 SPECIAL CONDITIONS 16A3 (1)' , , This Agreement shall be executed by the Collier County ( "the Recipient "), and returned with those items required in paragraph two (2) below to the Department of Community Affairs ( "the Department'); at'its offices, at 2555 Shumard Oak Boulevard, Tallahassee, Florida, 32399 -2100, within sixty (60) days (the "60 day period ") after receipt, in accordance with Fla. Admin. Code Rule 9B- 43.014(10)(a)(3)(0. All time periods in this Agreement refer to calendar days. After receipt by the Department of the signed Agreement and those submissions required in paragraph two (2) below, the Department will execute this Agreement and return an original to the Recipient Should the required Agreement and the required documentation not be received within the 60 -day period, any funding reservation for the application shall expire. (2) The Recipient must satisfy the following provisions prior to the execution of this Agreement by the Department. The Recipient's failure to timely perform shall cause the funding reservation for this offer. to contract to expire: (A) Submit to the Department detailed Work Plans for each activity to be funded as described in the Application. The Work Plans shall indicate the proposed dates of starting and completing each of the various activities of this Agreement, including but not limited to submitting plans, specifications, and bid documents to the Department (if required), and issuing notices to proceed to contractors. In addition, the Work Plans shall reflect at least two intermediate dates for completion of portions of each activity (i.e., 33% and 66% completion), and a proposed date for submission of the administrative closeout package. The Department reserves the option of rejecting Work Plans wherein the time frames are not realistic, where proposed funding time frames are at great variance with proposed completion of activities, or where the Work Plans are not sufficient in detail; (B) Submit to the Department the completed Civil Rights Profile Form (attached) to facilitate the Department's civil rights review; (C) Submit to the Department documentation of the creation of a separate non interest- bearing checking account ( "the CDBG operating account ") for this grant. Funds will be dispatched by the Department directly to the CDBG operating account. Two copies, with original signatures, of the Signature Authorization Form included with the letter transmitting this Award Agreement shall be returned to the Department. Each individual who is a signatory on the CDBG operating account must be bonded. This condition is waived if the Recipient elects in writing to conduct its grant on a one hundred percent reimbursement basis and so certifies to the Department; (D) Submit to the Department in acceptable form an initial Form HUD 2880, or its equivalent, pursuant to 24 C.F.R. Part 12; 11; and (E) Submit to the Department in acceptable form the documentation required on Form CDBG -E- (F) Submit to the Department any additional documentation referenced in Appendix A to the cover letter that transmitted this Agreement to the Recipient. (3) Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Eight Thousand Dollars ($8,000), but in any case, no later than ninety (90) days from the effective date of this Agreement, the Department shall receive from the Recipient the following, and the Recipient's failure to timely perform will cause this Agreement to expire: (A) Document compliance with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Parts 1500 -1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; P•LI, (B) Unless the Recipient has received a letter from the Department approving its p u . reme policy, the Recipient shall amend the policy to address the Department's review comments and submit to the Department for its approval, a copy of the amended policy, including documentation of adoption; (C) Should the Recipient undertake any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the Recipient shall document completion of the notice requirements provided in HUD Handbook 1378, Change 4.'• A non - exhaustive list of activities that would trigger this requirement at this stage of the contract includes proposed, temporary relocation of tenants, acquisition of property, acquisition of easements, proposed demolition of housing units, or displacement; and (D) Those documents required in paragraph 6 below relating to administrative services. (4) The Recipient shall, prior to the disbursement of any CDBG administrative funds exceeding $15,000 and prior to.awarding bids or accepting proposals for construction activities, provide to the Department a copy of all engineering specifications, construction plans, and bid documents for all services and /or materials related to those construction activities when the anticipated costs to obtain those services and /or materials are expected to -& are budgeted to exceed $25,000. Further, the Recipient will not award any bids for CDBG funded construction activities until the Recipient has received the Department's written comments on said engineering specifications, construction plans, and bid documents: These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with CDBG funds. under this Agreement, and in no way does it indicate that the Department has reviewed or approved the plans or bids. (5) The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposer procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the contract so procured. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient. (6) For each procured and executed professional services contract for which CDBG funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which CDBG funding will be requested, submit a copy of the following procurement documents: (A) Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; (B) List of entities to whom a notification of the request for proposals was provided by mail or by facsimile transmission; (C) List of firms which submitted a proposal (only if short- listing procedure was used); (D) Completed short- listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short- listed firms to the commission (only if short- listing procedure used); (E) Completed final evaluation / ranking forms; (F) Portion of commission minutes dealing with contract award; (G) Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); (H) Contract (signed or proposed); $60,000; (1) Truth -in- Negotiation certification (if not in the contract) for engineering contracts over (J) If a protest was filed, a copy of the protest and documentation of resolution; 27 16 Q 3 1 (K) A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; 1 (L) If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and �(M) If a professional services procurement will not be undertaken, so advise the Department. (7) The Recipient shall not expend any CDBG funds for architectural or engineering services until -the ' Department has received the information required in paragraph 6 above relating to architectural and engineering services. (8) That the Recipient shall: (A) Construct or cause to be constructed one or more'buildings which shall' accommodate at a minimum the. facility described in the Application (the "Immokalee Regional Airport Manufacturing Facility Phase If."). The "Immokalee Regional Airport Manufacturing Facility Phase II shall remain titled in the name'of the Recipient until such time as all requirements in paragraph 9(A) of this Attachment K - Special Conditions have been satisfied; (B) Lease the Immokalee Regional Airport Manufacturing Facility Phase II to Florida Architectural Products, Inc. (hereinafter referred to as "FAP ") at a Fair Market Lease through the Collier County Airport Authority.. The terms and conditions of the lease shall be approved by the Department prior to the execution of the lease by the Recipient or the Collier County Airport Authority. The lease shall be executed before the County issues a Certificate of Occupation for the "Immokalee Regional Airport Manufacturing Facility Phase II.'; (C) Ensure that any lease extension beyond twenty years (20) be at a fair market lease to be. determined at the time of said extension; (D) Ensure that, should FAP abandon the "Immokalee Regional Airport Manufacturing Facility Phase II." or fail to exercise any lease renewal option, any subsequent lease shall be for at least the same fair market lease rate unless previously approved by the Department; (E) Document that the Recipient has established a lease payment collection procedure, to include a monthly billing process. The procedure shall include a method to determine that lease payments are being made on a timely basis and shall include an escalating series of collection efforts should payment not be made on a timely basis. The Recipient may contract with an accounting or legal firm, bookkeeping service, or lending institution to meet this requirement and pay for that service from the proceeds of the CDBG lease. (F) Remit lease payments to the Department on a monthly basis. Such remittance shall continue for the economic life of the building, or twenty years, which ever comes first. The division of revenues between the Recipient (for the recovery of its expenditures) and the Department (of CDBG program income) shall be determined upon completion of the "Immokalee Regional Airport Manufacturing Facility Phase II" based upon final costs and the level of contribution to the Immokalee Regional Airport Manufac'.uring Facility Phase II of other funding sources; (G) Provide a copy to the Department for its approval of any proposed lease of the Immokalee Regional Airport Manufacturing Facility Phase II prior to its execuJon; (H) Sell the Immokalee Regional Airport Manufacturing Facility Phase If only at fair market value as determined by a licensed commercial real estate appraiser. Such disposal shall be accomplished pursuant to 24 CFR Part 85 and 24 CFR Section 570.4890), without regard to time frames contained therein. A deed restriction shall be placed on all property purchased or improved with CDBG funds to ensure future compliance with this provision; and (1) The terms of this paragraph shall survive the term of this Agreement. 28 (9) The Recipient shall enter into a Participating Party Agreement (the "FAP Participatingrt� Agreement) with FAP 9 rtY 9 in accordance with the terms of this Agreement. Said "FAP" Participating Pa ree A 3 A shall provide in part that. "FAP" agrees to perform the,specific activities described in the Application. Such "FAP" Participating Party Agreement shall include at a minimum the following provisions: I(A) That "FAP" shall create and satisfactorily document the creation and /or retention of at'Jeast twenty -two (22) full -time equivalent permanent net new jobs, of which twelve (12).full -time equivalent permanent net' new jobs are to de made available to members of low or moderate income families as specified in the Application. If, more than twenty�tw'o (22) full -time equivalent permanent net new jobs are created and/or retained, fifty -one percent (51 %) of those jobs, shall be made available to members of low and moderate income families. These jobs shall be created and /or retained no later than the termination date of this Agreement, as it may be amended. Documentation shall be the Florida Small Cities CDBG Program Household Income Survey Form or its equivalent for each job created and/or retained. The documentation of the creation and /or retention of these jobs shall be retained for a period of three (3) years following the expiration of this Agreement; (B) That the failure of "FAP" to create or cause to be created and /or retained or to satisfactorily document the creation and /or retention of the agreed upon number of jobs to be made available to members of low or moderate income families, or to expend or satisfactorily document the expenditure of the full amount of leverage - dollars agreed upon in the Application, shall be an act of default under the "FAP" Participating Party Agreement. Acts of default shall be defined by the Recipient and by "FAP "; (C) That "FAP" shall provide or cause to be provided such training to members of families of low and moderate income as may be necessary to equip them with the skills required for them to obtain and retain the jobs to be created and /or retained; (D) "FAP" shall be responsible for all maintenance for the Immokalee Regional Airport Manufacturing Facility Phase II and shall secure insurance of a type and amount to be negotiated with the Recipient; (E) That, if requested by the Recipient, "FAP" shall provide to the Recipient or its agents such reasonable information concerning the project as the Recipient may reasonably require as it relates specifically to the conditions of the grant; (F) That the "FAP" Participating Party Agreement and any amendments thereto, must be approved by the Department as to form and content. The right of approval granted to the Department with respect to changes in the "FAP" Participating Party Agreement between the Recipient and "FAP" shall survive the term of this Agreement. The Department does not assume any liability or responsibility for the accuracy or enforceability of the "FAP" Participating Party Agreement through the exercise of this right of approval; (G) That the "FAP" Participating Party Agreement shall not expire until the issuance of a letter by the Department to the Recipient approving the Administrative Closeout. Any extension of the Award Agreement pursuant to Fla. Admin. Code Rule 913- 43.014 shall act as an extension of the "FAP" Participating Party Agreement. Failure of the Recipient to notify "FAP" of such an extension shall not invalidate this provision; (H) Enter into a lease for the Immokalee Regional Airport Manufacturing Facility Phase II at a Fair Market Lease Rate. The amount of the lease shall be determined upon completion of the Immokalee Regional Airport Manufacturing Facility Phase II based upon final costs; (1) That FAP shall hire at least one TANF client after the date of the site visit and prior to the Recipient's submission of the administrative closeout as provided on Form CDBG- E -4(4). (10) The Department will allow the Recipient to seek reimbursement for preliminary and design engineering expenses incurred prior to the date of the Agreement, but reimbursement will be allowed only for those activities undertaken by the Recipient and expenses incurred by the Recipient after the date of the site visit. No reimbursement will be allowed for any engineering cost that would be approvable as a post- agreement expense for resident inspection (or observation), for any "Section D" expenses, or for expenses incurred for any entity other than the Recipient. Should 29 this agreement not be executed by the Department, or should the procurement process be subse uentl It it q Y to meet program requirements, no reimbursement shall be allowed. (11) If claimed for points on Form CDBG- E -4(3), the Recipient shall, pursuant to the requirements of Chapter 163, Florida Statutes, adopt an economic development element to its comprehensive plan within twelve (12) months of the Department's execution of this agreement. Failure to locally adopt said element will be cause for the Department to suspend funding until documentation of the adoption has been provided to the Department. (12) The Recipient shall maintain records of the expenditure of CDBG funds that will allow accurate and ready comparison between the expenditures and contracted budget line items by contracted activity as defined on Attachment A and on the Work Plans required in Paragraph 2(A) of this Attachment G. (13) The Recipient shall at a minimum, expend or cause to be expended after the date of the site visit, the amount of leverage, if any, referenced of Form CDBG- E3(I)(B -C) and on Attachment A to this Agreement. The funds are to be expended on the activities identified in the application and on Attachment A to this Agreement. (14) If a CDBG funded activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. (15) The Recipient shall provide periodic updates of HUD Form 2880 as required for compliance with 24 C.F.R. Section 12.32, and shall submit a final HUD Form 2880 with the closeout package that is defined and required in Chapter 96-43, Florida Administrative Code. (16) The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R. Section 570.487(b)(4). Annually shall be defined as one activity for each year or one -third thereof from the effective date of the contract to the date of submission of the administrative closeout. (17) Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(8). Conflicts of interest relating to acquisition or disposition of real property, CDBG financial assistance to beneficiaries, businesses, or other third parties, or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). (18) Except for the CDBG portion of the cost of post- administrative closeout audits, all funds claimed for leverage shall be expended prior to submission of the administrative closeout. Local private, public, grant, loan, or other non -CDBG funds shall be expended concurrently and proportionately with the expenditure of CDBG funds for the same activity. The expenditure of leverage funds shall be documented as if they were CDBG funds. The documentation of the expenditures shall be reviewed by the Department prior to the approval of administrative closeout. (19) The Recipient, by executing this Agreement, does agree that there is expectation of program income being generated as a result of this grant, and does agree that all program income will be transmitted to the Department on a monthly basis. The Recipient agrees to establish a process for collection, deposit, and transmittal of the program income. Should program income not be forthcoming from a Participating Party, the process established by the Recipient shall be adequate to recognize this occurrence and to provide a procedure for addressing said non- payment. Program income is defined in accordance with 24 C.F.R. Part 570.489(e) without regard to any excluded amount. (20) Funds expended for activities undertaken prior to the effective date of this Agreement are ineligible for reimbursement except for those expenses to comply with the requirements of 24 C. F. R. Part 58, those pre- agreement administrative expenses included in the application, and those additional pre- agreement cost specifically referenced in this Agreement. (22) Any payment by the Recipient for acquisition of any property, right -of -way, or easement that exceeds Fair Market Value as determined through the appraisal process established in HUD handbook 1378 shall be approved in writing by the Department prior to distribution of the funds. Should the Recipient fail to obtain Department approval, 30 I any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed 1-643. (23) The Recipient shall obtain approval from the Department prior to expending CDBG funds for any engineering activities and costs that exceed the RUS Fee Curve plus Preliminary Engineering or are related.to Section D to the RUS Form 1942 -19. The Department will not reimburse or fund engineering activities or costs, which, are not eligible under,thF RUS fee schedule and Chapter 93-43, Fla. Admin. Code.' I I II 1 I I i 31 16A4 MEMORANDUM Date: November 20, 2003 To: Bleu Wallace, CDES From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -384 Enclosed please find one certified copy of the document as referenced above (Agenda Item #16A4), approved by the Board of County Commissioners on November 18, 2003. Please forward copies to the Collier County Legislative Delegation, Speaker of the Florida House, President of the Florida Senate, the Governor of Florida, the Florida League of Cities, and the Florida Association of Counties. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774 -8411 Thank you. Enclosure RESOLUTION NO. 2003- 3 8 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXPRESSING ITS SUPPORT FOR THE CONTINUED INCLUSION OF THE EXISTING LOCAL SOURCES FIRST POLICY EXPRESSED IN CHAPTER 373, FLORIDA STATUTES, AND EXPRESSING ITS OPPOSITION TO ANY REPEAL OF OR AMENDMENT TO FLORIDA'S WATER RESOURCE POLICIES THAT WILL ALLOW, ENCOURAGE, FACILITATE OR PROMOTE WATER TRANSFERS FROM ONE GEOGRAPHIC AREA INTO OTHER GEOGRAPHIC AREAS WHEREAS, the State of Florida's water resources are a natural resource and not, and should never be, a commodity to be sold or transferred to the highest bidder; and WHEREAS, the Board of County Commissioners of Collier County (BOARD) has long been a supporter of Florida's local sources - first - policy as currently expressed in Chapter 373, Florida Statutes; and WHEREAS, the BOARD agrees with the Florida Association of Counties' support of the fundamental principles of Florida water law that requires a showing that (1) each proposed use of water must be a reasonable and beneficial use, (2) will not interfere with any then existing legal use of water, and (3) is consistent with the public interest; and WHEREAS, the BOARD supports the Florida Association of Counties' opposition to any legislation that will shift water supply allocation from a publicly regulated process to any market driven process; and WHEREAS, the BOARD supports the Florida Association of Counties' opposition to legislation that will directly or indirectly undermine the fundamental principles of Florida water law that established a right -of -use and not any right -of- ownership; and WHEREAS, on October 27, 2003, the Collier County Water and Wastewater Authority (AUTHORITY), after reviewing and discussing the September 2003 Florida Council of 100 Report entitled "Improving Florida's Water Supply Management Structure" and its potential impact upon Collier County, expressed its recommendation to this BOARD; and WHEREAS, by majority vote, the AUTHORITY recommended that the BOARD adopt a resolution expressing its continued support for the existing local - sources -first policies presently included in Chapter 373, Florida Statutes, and oppose any initiative to repeal or amend the current local - sources -first policies; and WHEREAS, this BOARD is aware of the Florida Council of 100 initiative to request repeal of, or amendments to, Chapter 373, Florida Statutes, to eliminate or weaken the local - sources -first intents and purposes; and µA U `'` WHEREAS, the BOARD wishes to unequivocally state that such a proposal is ill considered, dangerous, and will put Florida's surface waters and aquifers at risk of irreparable damage due to irresponsible short-term gain by special interest groups and specially interested individuals attempting to protect their interests to the detriment of the public's interests; and WHEREAS, the BOARD believes that any discussion of regional transfers of water is wholly premature unless and until comprehensive, detailed and accurate minimum flows and water resource levels and capabilities have been clearly established for all of Florida's water resources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN REGULAR SESSION that: 1. The Board of County Commissioners actively opposes any repeal of or amendment to Chapter 373, Florida Statutes, as it relates to the current local - sources -first policy. 2. The Board of County Commissioners encourages all local government entities and elected officials to express to members of the Florida Legislature their strong opposition regarding the initiative of the Florida Council of 100. 3. A true copy of this Resolution shall be provided to the: Collier County Legislative Delegation, Speaker of the Florida House, President of the Florida Senate, the Governor of Florida, the Florida League of Cities, and the Florida Association of Counties. This Resolution adopted this Jt3_ day of November 2003, by motion, second and majority vote in favor of adoption. ATTEST-- DWIG��'T �I3.00K;.�RI� y� v By: �, C Deputy rk. Attest: Ai " to Chairan S signature only. Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 BY: TOM HENNING, CHAIRM 06/20/2016 23:25 FAX COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Dr., Naples, Florida 34104 Phone: (239) 403 -2432 FAX' (238) 403 -2469 CONTRACTOWS LICENSING FAX (239) 403 -2469 � a �� DATE: � V TIME:" FAX NUMBER: TO: % r2 i6_ F � 0 FIRM/DEPARTMENT: CITY, STATE: FROM u- DEPARTMENT: C°-" TELEPHONE: TOTAL PAGES INCLUDING COVER SUEET: 02 SPECIAL INSTRUCTIONS: i l Q001 16P,6 12/69/2603 10 :12 2394032343 CODE ENFORCEMENT PAGE 01 Official Receipt - Collier County Board of County Commissioners CDPR1103 - official Receipt i y SHELL NG/HUGHS 2602 HOLLY AVENUE Payor : COLLIER TITLE Fee Information Code 117 Number Payments Total Cash $0:007 Total Non -Cash 58380.00 Total Paid $8380.00 Memo: payoff off in full for nusiance abatement/demolishion of structure and cleanup Cashier /location: GARRETT_S / 1 User: POW ERS_J Collier County. Board of County Commissioners Printed: 12/5/2003 12:52:44 PM CD -Plus for Windows 95/NT BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Snellings, Norman W. 4428 Brook Tree Land Charlotte, NC 28208 REF. INV.# 2392 FOLIO # 50891040009 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 36 & 37, Holly Terrace, according to the Plat recorded in plat book 4, Page 64 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF BUT NOT LIMITED TO: SEPTIC TANK, MOBILE HOME, TRAVEL TRAILER, CANOPY, CYDER BLOCK, SHEDS, CANOE AND ALL OTHER DEBRIS You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Eight Thousand One Hundred and Eighty ($8,180.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of EIGHT THOUSAND THREE HUNDRED AND EIGHTY ($8,380.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 8 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF 16A6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SNELLINGS, NORMAN W. LEGAL DESCRIPTION: Lots 36 & 37, Holly Terrace, according to the Plat recorded in plat book 4, Page 64 of the Public Records of Collier County, Florida. COST: $8,380.00 REFERENCE #: 2392 FOLIO #: 50891040009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ice' day of NDVPlr1&j-, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNT , FLORI A BY: �' , C BY: D puty Tom Henning, Chairman Approved a4„q forri Legal suffirl'e q: Thomas C. Palmer, Assisiant County Attorney F: LIEN/ MSTR RESOLUTION r � RESOLUTION NO. 2003- 3 8 5 � � � � ••• \V A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GALLOWAY, BARBARA L. LEGAL DESCRIPTION: See attached Exhibit "A ". COST: $580.00 REFERENCE #: 2362 FOLIO #: 01131800000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this $ day of /1/, 2003. ATTEST:�� DWIGHT E. liK, Clr r, BY Deputy el as to BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Jj._ /_ Tom' Inning, chairman �hd i�lA ° S Approved as to form�ancl' "�l v Legal sufficiency: 41 PAW_�_ Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311367 OR; 3462 PG, 1607 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12112/2003 at 10:50AN DWIGHT E, BROCK, CLERK RBC FEE 19,50 COPIES 4,00 Retn: CLERK TO THE INTEROFFICE BYT 1240 BOARD 4TH FLOOR OR: 3462 PG: 1608 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Galloway, Barbara L P.O. Box 193 Everglades City, FL 34139 DATE: November 18, 2003 REF. INV.# 2362 FOLIO # 01131800000 LIEN NUMBER: LEGAL DESCRIPTION: See attached exhibit "A ". You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on May 29, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Three Hundred and Eighty ($380.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of FIVE HUNDRED AND EIGHTY DOLLARS ($580.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL 16r Swap Tu !?a► M!iM ai tlrett ft"110ad $ Class 'C' iep N1W Nu�M�gk I. T proptrt: "R Ird1w E. i . CLERK or CIRCUIT CW4 *rtes he►H .raosord ddig etoe wrr Mooioa erne S 14th &W qr January A.D. is 93 -7b7 R. GATAA .&T and BARBARA L. CALLOW, husband and vile, BARBARA L. GALL"hy, 'a ■arried xo•an, pa9 eipfts erddrws is 700 C4 Avenue • maples, FL 33964 too**I Tiot 44 atiii rt fir$ Ar card do � qr of uau di 10.00--- - - - - -- fM aaidsttttt�i,�r WWWe+ Amh►4*Md*K dM 1W*+ +vle "WW dle aa�fs teetsdPer 16irseor. sR dltvtk Wk is I ear and eltteoed «dish dk n".4,w i rJYtot is �se1 m aka �arP owd q hN4 sAwk 6* sad � is dit Cmft Q f Collier , gpap qr lor,% tseott SM NXIMU r MAM asp NWWO AM NM A Pa1W a8a1fD0i`. SPRMM Td easswents, restrictious and reservations of record and taxes for the year 1992 and all subsequent years. - � �MO! � b �BIi Tit asars ppetitree�e� mde tie y�oeMweoes theneweso �`�tNy►�it� card er8 d4 erhtR +� tidk, Oetavet /ier. eyrdq earn[ elaiar � d'� esid sr * * @* io +at4 k�rytt mid be+ftoq/ grdke ewfd setortd Pm'ifrJ�+� . Tit nu*ap * ire #bad and SMW am Pnaeitts die eery end 1W*n n �i eieiC Prr+eaoe qf: PA'YBIL•a R. CAI P.O. Boo[ 104 Copeland, FL 33929 f = - pjHjjM L.L. CALLOWAY 700 C4 Avenue sl91 e r FLORIDA Ootk!!!Or COLLIER Naples, FL 33964 er4"b"r tlsmd"a L h�tprtsba*w as s &Wdbd1N dwM..ra§dwi.qp1w RECORDER'S MEMO: Legibdit,, t: I M_ Ij=r r. /(Y� WTggTQW / A688648 of writing, typing or printirnb ... - -..- EXPIRATION 7/18/93 unsatisfactory in this document when received. 1�- _ / ` A of writing, typing or printin qp unsatisfactory in this document when received. EXHIBIT °A° RESOLUTION NO. 2003- 3 8 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF 16A6 .5n !rt.. E. based on the East line of the Xortbanst.1/4 of Section 13 as being North 0 409tees 02' West. er. 29 6A of Section 13, Twaship 52 South, Range 29 North. 68 Past, Collier County,, Florida; thence North 68 degr 041260 West 997.57 feet, said corner said corner *MU of B-037 as 1jqgp-, 242 of the Florida . . . . . . h 42 6F v6st 37.00 feet; 24* Vast 547.95 feet; 369 West 30.0 feet for Umtb I degree W&t_ 210 &J, t; thence North 90 degrees 36 W1tt-120-0 feet; thence North 98 degree! :" F test 120A foot; thence North I degree 2 Met -110.0 feet; thence South go degrees 36' Zest 120.0 feet to the PLMZ OF BEGINNING. elf, RECORDER'S MEMO: Le?,,ibill1\ caste e. 610 of writing, typing or pririti)ii unsatisfactory in this document when recelva EXHIBIT "A" based on the East line of the Xortbanst.1/4 of Section 13 as being North 0 409tees 02' West. Parcel 2: CommmencLag at the Rast, 1/4 corner of Section 13, Twaship 52 South, Range 29 Past, Collier County,, Florida; thence North 68 degr 041260 West 997.57 feet, said corner be g the place of ending of S-037 as described in Deed Book 421, Page 142 of the Public Records of Collier County, Florida, thence South 42 degrees 061 Went 37.00 feet; thence South I degree 241 West 699.10 feet; thence north 88 degrees 361 Went 30.0 feet for a PLUX OF B891MIM; thence South 60 degrees 36• Zest 10.0 feet; thence South I degree 241 West 58.85 foot; thence North 88 degrees 36' Vast 10-0 feet; thence North I degree 241 east 58.85 feet to the PLACE OF 8891mulmG, said parcel begin subject to an access and utility eaae"nt. Bearings based on the cast line of the NE 1/4 of Section 13 as being north 0 degrees 02 West. elf, RECORDER'S MEMO: Le?,,ibill1\ caste e. 610 of writing, typing or pririti)ii unsatisfactory in this document when recelva EXHIBIT "A" RESOLUTION NO. 2003- 3 8 8 A RESOLUTION OF THE BOARD OF COUNTY 16A 6 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEWIS, TR, EVELYN G. LEGAL DESCRIPTION: 9 47 29 W 100FT of E 200FT of S 215FT of W 1/2 of NE 1/4 of SW 1/4 of NE 1/4.49 AC OR 1129 PG 2296 COST: $255.00 REFERENCE #: 2385 FOLIO #: 00135600003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this j 8 day of No�rn$er, 2003. ATTEST: DWIGHT E. BROCK, Cl BY:� 1 6 puty erk BOARD OF COUNTY COMMISSIONERS ,rk COLLIER COUNT FLORI C BY: Tom Henning, Chairman Approved ae to farm and`;; Legal suffic1y Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311368 OR; 3462 PG; 1611 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR; 3462 PG; 1612 * ** BOARD OF COUNTY COMMISSIONERS 16A 6 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lewis, TR, Evelyn G. ITF Evelyn G. Lewis, Trust 1537 Palmetto Avenue Ft. Myers, Florida 33916 REF.INV.# 2385 FOLIO #00135600003 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: 9 47 29 W 100FT of E 20OFT of S 215FT of W 1/2 of NE 1/4 of SW 1/4 of NE 1/4.49 AC OR 1129 PG 2296 You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 5, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty -Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY -FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- aR 7 A RESOLUTION OF THE BOARD OF COUNTY 16A COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ ET AL., JOHN R LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2409 FOLIO #: 36247840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 18 day of �, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNT , FLORI A BY: "" _U. d•C BY: petty C1elyk test Tom Henning, Chairman as Co Chairft"-s Ap"p s to f� fove4,a anature Only. rm,�. L go e s�IfA" Thomas C' Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311369 OR; 3462 PG; 1613 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AK DWIGHT B. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 1240 * ** OR: 3462 PG: 1614 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 6 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Dominguez et al., John R. 74 Ashley St. Bridgeport, CT 66101 REF. INV.# 2409 FOLIO # 36247840000 DATE:November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on October 7, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 8 9 A RESOLUTION OF THE BOARD OF COUNTY 16A 6 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: HULL, RICHARD & ROSANA LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood Il, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida COST: $255.00 REFERENCE #: 2386 FOLIO #:54850840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this IR day of Aden 2003. ATTEST: DWIGHT E. BROCK, Clerk BY:s7,A.( Debuty C1L ;1 Approved as to MA � Thomas C. Palmer, BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLOR A BY: aid to s Tom Henning, Chairman ri�and "`' • F s Assisiant County Attorney F: LIEN/ MSTR RESOLUTION 3311370 OR; 3462 PG; 1615 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 * ** OR: 3462 PG: 1616 * ** BOARD OF COUNTY COMMISSIONERS A 16 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Hull, Richard & Rosana DATE: November 18, 2003 819 S. Grey Rd Auburn Hills, MI 48326 REF. INV.# 2386 FOLIO # 54850840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 9 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF 16A 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: HULL, RICHARD & ROSANA LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida COST: $285.00 REFERENCE #: 2356 FOLIO #:54850840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this $ day of Mov'em , 2003. ATTEST:; R .p"., BOARD OF COUNTY COMMISSIONERS DWIGHT E. OCK, Cler•` COLLIER COUNT , FLORI A BY: � BY: D ut . T 4x1- t .:4t s' A 0' Chd i rma;n ' s Tom Hennin g, Chairman "Aw- only. Approved as to form ,and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311371 OR; 3462 PG; 1617 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AK DWIGHT B. BROCK, CLERK RBC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 * ** OR. 3462 PG; 1618 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A 6 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Hull, Richard & Rosana DATE: November 18, 2003 819 S. Grey Rd Auburn Hills, MI 48326 REF. INV.# 2356 FOLIO # 54850840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 61, Lely Country Club Tanglewood II, as filed in Plat Book 13, Pages 114 and 115, of the public records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Eighty Five ($85.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND EIGHTY FIVE DOLLARS ($285.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 91 A RESOLUTION OF THE BOARD OF COUNTY 16A COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SILVER, TRS, STUART LEGAL DESCRIPTION: Lot 31 of the Port of the Islands, Phase Two, according to the plat thereof as recorded in Plat Book 21, Pages 1 through 4, o f the public records of Collier County, Florida COST: $255.00 REFERENCE #: 2377 FOLIO #:68300002627 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this I& day of 2003. ATTEST: n BOARD OF COUNTY COMMISSIONERS DWIGHT E.#bCK' E"1 k COLLIER COUNT , FLORIDA BYL• ' BY. to p � y erk Chai"1w' t Tom Hennin g, Chairman 4 stw►; wre only. Approved as to' �&r , and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311372 OR; 3462 PG; 1619 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AR DWIGHT E. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 1240 * ** OR: 3462 PG: 1620 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA 16A LEGAL NOTICE OF ASSESSMENT OF LIEN Silver Trs, Stuart Garshell, Steven Beacon Properties SW FL LLC 620 B Center Road Ft Myers, FL 33907 REF. INV.# 2377 FOLIO # 68300002627 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 31 of the Port of the Islands, Phase Two, according to the plat thereof as recorded in Plat Book 21, Pages 1 through 4, o f the public records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 21, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION N0.2003- 3 9 2 6 A RESOLUTION OF THE BOARD OF COUNTY 16A COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ ET AL., JOHN R LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2334 FOLIO #: 36247840000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this L8_ day of NaytmA 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC , Clerk COLLIER COUNT FLORID .y' • 4 � V D ptitler _:: Tom Henning, Chairman Approved, a 4� Legal sufficien�y:t x; Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311373 OR; 3462 PG; 1621 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT B. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn; CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 * ** OR; 3462 PG; 1622 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A6 Dominguez et al., John R. 74 Ashley St. Bridgeport, CT 66101 DATE: November 18, 2003 REF. INV.# 2334 FOLIO # 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, unit 5, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 122, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 8, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 9 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE 16A y t ASSESSMENT OF LIEN FOR THE COST OF 6- THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: GRAYEST., CHARLIE MAE LEGAL DESCRIPTION: Lots 9, 10 and 11 of Block Two, of that certain subdivision known as Main Line Subdivision, as recorded in the public records of Collier County, Florida COST: $350.00 REFERENCE #: 2339 FOLIO 4:56402760002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this,& day of Al e , 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F 1 iZOCI -; C' k COLLIER COUNT , FLORI A BY L �' BY: Deputy"Qerk `yl � ..y��F� � � j • s Tom Henning, Chairman Approved as'to? 0iltri` nd Legal s 'en Thomas C. Pal , Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311374 OR; 3462 PG; 1623 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AM DWIGHT B. BROCK, CLERK RBC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 * ** OR; 3462 PG; 1624 * ** BOARD OF COUNTY COMMISSIONERS 16A THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Gray, Est., Charlie Mae Willie James Underwood Est C/O Mary Underwood PO Box 452 Lehigh Acres, FL 33972 REF.INV.# 2339 FOLIO # 56402760002 DATE: November 18,2003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9, 10 and 11 of Block Two, of that certain subdivision known as Main Line Subdivision, as recorded in the public records of Collier County, Florida You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 5, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Hundred and Fifty ($150.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of THREE HUNDRED AND FIFTY DOLLARS ($350.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 9 4 16A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RAMIREZ, LICIMACO LEGAL DESCRIPTION: Lots 1, 2, and the North 20' of Lot 3, Block A, Haldeman River Subdivision recorded in Plat Book 2, Page 87, Public Records of Collier County Florida. COST: $350.00 REFERENCE #: 2295 FOLIO #: 48730040004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 1f�_ day of KoVeyn ber, 2003. ATTEST: BOARD OF COUN Y COM ISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN , FLO A a BY: �.e. BY: 64 ' Tom Henning, _- x t 4� to Cha i rnan i g' oy Approved s :ta otiii= 0111y. Oda Legal suffi iency: . Thomas C. Palmer, F: LIEN/ MSTR RESOLUTION County Attorney 3311376 OR; 3462 PG: 1626 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AK DWIGHT B. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 * ** OR; 3462 PG; 1626 * ** BOARD OF COUNTY COMMISSIONERS 16 A 6 THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Ramirez, Licimaco DATE: November 18, 2003 545 Production Blvd Naples, FL 34104 REF. INV.# 2295 FOLIO # 48730040004 LIEN NUMBER: LEGAL DESCRIPTION: PARCEL: Lots 1, 2, and the North 20' of Lot 3, Block A, Haldeman River Subdivision recorded in Plat Book 2, Page 87, Public Records of Collier County Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on or about January 2, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of One Hundred and Fifty ($150.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of THREE HUNDRED and FIFTY DOLLARS ($350.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 9 5 A RESOLUTION OF THE BOARD OF COUNTY 16A 6 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BUITRAGO, ALVARO AND VERONICA LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5 at Page 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2297 FOLIO #: 35992960003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 18 day ofIVo, 2003. ATTEST: DWIGHT E. BROCK, Clerk 15eputy Cl'e,4 Approved �gs to form ar. Legal suffi c ?' g . Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORI A BY: $t-: s tv C�dir �s Tom Henning, Chairman a }r Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311376 OR: 3462 PG: 1627 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 * ** OR: 3462 PG; 1628 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT ak' b A COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Buitrago, Alvaro & Veronica DATE: November 18, 2003 10033 SW 164" PI Miami, FL 33196 REF. INV.# 2297 FOLIO # 35992960003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5 at Page 100, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on November 15, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty -Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL LARESOLUTION NO. 2003- 3 9 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF 16A 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: PATTON, LORRAINE AND ELLISON, NICOLE LEGAL DESCRIPTION: See attached Exhibit "A ". COST: $23,700.00 REFERENCE #: 2391 FOLIO #: 01134801802 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this JE day oWpvem e►--, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY FLORID BY. BY: ff_ tClk ;St t4 Cd1 Tom Henning, Chairman � ' �gi�ur ata 0810811* I. Appr ©vd as to form- nd Legal su y,:.. th-o—m-w C. Pal er, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311377 OR; 3462 PG; 1629 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT H. BROCK, CLERK RHC FHB 19.50 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 1240 OR-6 3462 PG; 1630 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A' COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Patton, Lorraine Ellison, Nicole M. PO BOX 444 Copeland, FL 34137 DATE: November 18, 2003 REF. INV.# 2391 FOLIO # 01134801802 LIEN NUMBER: LEGAL DESCRIPTION: See attached Exhibit "A ". You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. LITTER CONSISTING OF BUT NOT LIMITED TO: MATRESS, TIRES, WOOD, GLASS, PLASTIC, METAL AND ALUMINIUM, DETERIORATED MOBILE HOME AND ADDITION. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Twenty Three Thousand and Five Hundred ($23,500.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWENTY THREE THOUSAND AND SEVEN HUNDRED ($23,700.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL N(ANOIINT DaaD Tb1.nW t I ante. M INtl1rID. a— :icolf, Marie a.linor: I lope Lan11 F1 141 57 nwstshAnatra�patbbr Marilyn 11- !ynoldn ;51)5 Fawn Lane Fla. '•41 :'11 Without opinion of LiLI� Napenv Amole a rnOSl WO 01- an (FOOD) NiantMO): I.J. No. (11134H01HO; OTw.IONd Ss. east: Fs�- mace ADAM ass tea ran ,el)CEaana DATA ��CIC>Urit 19ttd grade the raine Patto NAMCD room OT 2153931 OR: 2289 PG: 1618 /10/1111 it t1M011, "Cali d cam mm, n 11113/97 at 11:IQ1 War 1. Wo, CM t+mw more me Ara ran Iaad4rta DATA day qr August A.U. teat, by hereinglter called the grantor, to Lorraine Patton and 4leole Mari^ ;lliann at, joint tenents with right of survivership Whose pat gfte address is P.o. BBo/xOr Copeland Fla, 34137 herrinq/Trr rolled the greater: / / y fr 9M:rm— W MwwW Se. aM, - AAmn. rImA l .,11 W rwwww. W a*IA d •w�+rM"N altfM =lot 771st the grantor, for and in consideration Qrthe swm qjf 10 and other valuable considerations, receipt Miherr tfis herrby seknowledtgd, towbar gron/s. bargoi+� sf +�^ lions, w+Rises, rdeaaa, coump and toOrws unto the granter all that certain 1at1 situate in b r Cawwty State etj Florida • ^y: Threw parcels or land lrTcatefl in Mention 1.4. 'Inwnnhip 57 : ;nuth, Range ?n isst, Collier Reunty, Florida. mnre nart.irularIv described on the attache. parcels 51, 'i ?, and 9', and mado a nart hereof. Oil, gas and mineral rir.htn raserved to prior owners Opt*C. with all the tenewr.Nla, hereditaments and TsWurtenateers thereto belonging rlr in anywisr omwrwui"#. as AM illy to IA. the same in jee simple jore"r. AaAO the grantor kersby eoaenants with said granlee that the grantor is laniJidly seiml rt(said nand it fro ainlpfe; that the grantor has good right and fat#kl authority to sell and convey said land, and herrby warrants Ike title to acid hand and will dd/ sad the sexu- against Ike lowfid claims a/all pemms whotavwwr; and that said land is Asa q/ all enewatbrsneea, swept tares accruing subwWal to December $1. it . 330 UNMO Wond. the said grentorhas signed and noted these presents the day and year first above written. bawd- yd K�roar_rd in the yrrsenee qf.• P P✓ M in +' n Cotlts ftAA,r� ,a , 9 a dorlln t kkaCAD w l !�' �f,Qf'C l�• �ll t �! a room ir,;i Cape Lan� STATE or COUNTY or IIIKMaYCEWnrYliraonthladq .FwWrome.antl iulylydharimm untheNlWednrtlwklanlinlhec-myof — 4wtake aeknewk.hpeenla. P"an"Rr spper� L #A!0.ftA4r `°del -7741 .skto n/ieAotd- A• SZ41 -%00, , tothekiawn Iehe the J.— .k•.'A- mand who examted the kviiidryt Instrument and 7907 aeknowkdaed Iwtam me that r^w ex—d .l Ila Van- wrrNrAn sty had and eftial Seal In the aanay amt state 16 ,k,y or y..aw eel A 10 r.Ty7 2ECORDER'S MEMO: Legibility �� )f writing,�iiVin" or printinv a • A 2 insatisfactory in this document , 7NtXAXY1'j vhen receive 1h: :1:.n 1 . ... ...w .. MRIF •. .. RESOLUTION NO. 2003- 3 9 7 4'!al a•—i dY f}j ac 1a 31." 11¢-.71 it "48'. 6�" " 16cl 91111 ate 1 Min n 11131 t+mw more me Ara ran Iaad4rta DATA day qr August A.U. teat, by hereinglter called the grantor, to Lorraine Patton and 4leole Mari^ ;lliann at, joint tenents with right of survivership Whose pat gfte address is P.o. BBo/xOr Copeland Fla, 34137 herrinq/Trr rolled the greater: / / y fr 9M:rm— W MwwW Se. aM, - AAmn. rImA l .,11 W rwwww. W a*IA d •w�+rM"N altfM =lot 771st the grantor, for and in consideration Qrthe swm qjf 10 and other valuable considerations, receipt Miherr tfis herrby seknowledtgd, towbar gron/s. bargoi+� sf +�^ lions, w+Rises, rdeaaa, coump and toOrws unto the granter all that certain 1at1 situate in b r Cawwty State etj Florida • ^y: Threw parcels or land lrTcatefl in Mention 1.4. 'Inwnnhip 57 : ;nuth, Range ?n isst, Collier Reunty, Florida. mnre nart.irularIv described on the attache. parcels 51, 'i ?, and 9', and mado a nart hereof. Oil, gas and mineral rir.htn raserved to prior owners Opt*C. with all the tenewr.Nla, hereditaments and TsWurtenateers thereto belonging rlr in anywisr omwrwui"#. as AM illy to IA. the same in jee simple jore"r. AaAO the grantor kersby eoaenants with said granlee that the grantor is laniJidly seiml rt(said nand it fro ainlpfe; that the grantor has good right and fat#kl authority to sell and convey said land, and herrby warrants Ike title to acid hand and will dd/ sad the sexu- against Ike lowfid claims a/all pemms whotavwwr; and that said land is Asa q/ all enewatbrsneea, swept tares accruing subwWal to December $1. it . 330 UNMO Wond. the said grentorhas signed and noted these presents the day and year first above written. bawd- yd K�roar_rd in the yrrsenee qf.• P P✓ M in +' n Cotlts ftAA,r� ,a , 9 a dorlln t kkaCAD w l !�' �f,Qf'C l�• �ll t �! a room ir,;i Cape Lan� STATE or COUNTY or IIIKMaYCEWnrYliraonthladq .FwWrome.antl iulylydharimm untheNlWednrtlwklanlinlhec-myof — 4wtake aeknewk.hpeenla. P"an"Rr spper� L #A!0.ftA4r `°del -7741 .skto n/ieAotd- A• SZ41 -%00, , tothekiawn Iehe the J.— .k•.'A- mand who examted the kviiidryt Instrument and 7907 aeknowkdaed Iwtam me that r^w ex—d .l Ila Van- wrrNrAn sty had and eftial Seal In the aanay amt state 16 ,k,y or y..aw eel A 10 r.Ty7 2ECORDER'S MEMO: Legibility �� )f writing,�iiVin" or printinv a • A 2 insatisfactory in this document , 7NtXAXY1'j vhen receive 1h: :1:.n 1 . ... ...w .. MRIF •. .. RESOLUTION NO. 2003- 3 9 7 4'!al a•—i dY f}j * ** OR: 2289 PG: 1619 * ** 16A II 40 ancon 01 W "V 100 M MUM k W O rom "UM LTW rid M W % W 111 r-- W u ]'326. I= 0011.11!4 mm, N01 *' no= a 632 Chiba, L�leiw`t�� n� i�q�= a M�f6• 01'�2i" f W." fiat• sail on"amw •as *a f" of asdlnl of &637 as dwcslkel w New loon 12.iI�e 111 ant alas ft plan of ae �ft of o f0 loot WUn AD of lad Nor tksnq Reads ask described in Deal !!colt 41. POW ]]3000TTlof tb Mlle Reatada of f1a11las � n"1 �=r0ft, S a-W li 37.00 feet; tMaa >t S2••31, , 2U.M leas; tkaimg M 0••fl• 1 no fast """""mum point D" da- ealkM its and 100011 leak 12.!��a 303; tken0o dash tie outer- Hot of "W dtsoet 1100.34. It li1 0 fast theta 1 N- 23' -10" M 2S.q tact !br a RAI>; Op N1O1101- -- 25'-16" N 111.33 feat; dome M M• -30' V tiome 110.0 ffein; theme, 11 N- 23' -40" E 111.71 feet to the Sattherly ltae a -W 1Rteet• fast to do plate � of '9" Street 8 q•'3A• E 110.4 aaarlsn !coed as the Heat line of " NS 4 of Seeti a 13 r U ft / •02' X. DESCRIPTION OF LANG IN �E TIE OM I OF LYING IN TK NENE 1 OF SECTIOON 131 T62S. RM COLLIER CO1o11T. FLOR10x O PCs PARCEL 53 C.w.31 GawneIn$ at the East 1 Corso. M tion 13. T623. RM. liar County f1oWOi thanes `� N iO°- M' -16• M 16;.67 feet. saw aoroer'No$ the ;r1aa of aMtq N 5-037 as describes In n"> had loft 42. ►hag�eo 142 and also the plate of toning of a 50 het n4 strip N land for Comp Rents Ibilk as deseriibed in Good Fte►iNg. Msawj � Oi'1M 37.00 f� tthhame 9 Collier 2e -14' W 134.40 theme het; thaoce N 0° 61• E 360.0 feat to point 0" descri- bod in saw 1�a� belt 42 Paso Mi theate ai the Cannelton of '0" Street N11Oa -'1' N 2811,0 feet; theme S '-40' 0°- N 21.01 feet for a PLACE OF 0l��11NNINit theme contiming S ps 23'•10• N 111.36 het; thing N !s' -7s' V 106.0 C31% foot; theo_ea N Os- 23' -40` E 111.53 'if* N the Street S 06" 1 106s0Boat along the ty -n34 loww ooing: serf bUW on the East line of the NE 1 of Section 13 as Ong I OF-0¢' M. Z+ RECORDER'S MEMO: Legibility Of writing, typing or printing unsatisfactory in this document when received, RESOLUTION NO. 2003- 3 9 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF 16A 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: CASPIAN BUILDERS, LLC. LEGAL DESCRIPTION: Lot 35, Block 7, Unit No. 1, NAPLES PARK, according to the Plat in Plat Book 1, Page 106, Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2350 FOLIO #: 62414480005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this / & day of11loV@m der, 2003. ATTEST: ; : BOARD OF COUNTY COMMISSIONERS DWIGHT E. $ CK, Clerk, COLLIER COUNTY, FLORIDA BY �� BY: puty C1 ' .. A #t s a.2..0 Chairman's Tom Frenning, hairman ?s gttsUre only. Approved as to form and Legal suff Thomas C. P r, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311378 OR: 3462 PG; 1633 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT R. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 1240 * ** OR; 3462 PG; 1634 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A COLLIER COUNTY, FLORIDA Caspian Builders, LLC P.O. Box 8786 Naples, FL 34101 REF.INV.# 2350 LEGAL NOTICE OF ASSESSMENT OF LIEN FOLIO # 62414480005 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 35, Block 7, Unit No. 1, NAPLES PARK, according to the Plat in Plat Book 1, Page 106, Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 9, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 9 8 A RESOLUTION OF THE BOARD OF COUNTY 166 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DEONARINE, ANGELA LEGAL DESCRIPTION: Lot 49, Lely Country Club — Muirfield, according to the Plat thereof, recorded in Plat Book 14, Page 75 Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2355 FOLIO# 55201960004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this Z& day of Algyej�7 2003. ATTEST: t,,e DWIGHT`BROCK,`Clei'', tzl . BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORI A o BY: Levuty p Tom Henning, hairman �'�as to Chairman's Approved as to form and Le al ci cy: 3311379 OR: 3462 PG; 1635 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10 :50AN DWIGHT E. BROCK, CLERK tzlv Thomas C I wmer, Assistant County Attorney ROC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 F: LIEN/ MSTR RESOLUTION * ** OR; 3462 PG; 1636 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA 16A LEGAL NOTICE OF ASSESSMENT OF LIEN DEONARINE, ANGELA 1944 PICCADILLY NAPLES, FL. 34112 DATE:November 18, 2003 REF. INV. 2355 FOLIO # 55201960004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 49, Lely Country Club — Muirfield, according to the Plat thereof, recorded in Plat Book 14, Page 75 Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on JULY 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 3 9 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE 16A 6 ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON- MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2372 FOLIO #: 357613200007 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 18 day of Aloyem6el", 2003. ATTEST: DWIGHT E 13 �p t; BY- ut perk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY LORID BY: p y Tom Henning, Chairman an .:to Chairm's s` #gnatle: only. Approved as to'41b c 4" Le al s Y• g / oma C. lmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311380 OR: 3462 PG; 1637 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT B. BROCK, CLERK RBC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 * ** OR: 3462 PG: 1638 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA 16 9 A 6 LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson - Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 REF. INV.# 2372 FOLIO # 357613200007 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 0 0 A RESOLUTION OF THE BOARD TY 41 COMMISSIONERS PROV DING OF COUN FOR HE 16 A 6 ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON- MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2370 FOLIO #: 35761360009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 18 day of NoVeMber, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY FLORID BY- ^--, J. b C. BY: 15 - uty,Clerk - Tom Henning, Chairman p. Attai as t rL o airmn s Si ure only. Approv .as to'fdrm aud' Le nc p , i Thomas C. PalRwl Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311381 OR, 3462 PG; 1639 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK RBC FEE 10.50 COFIBS 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 1240 * ** OR; 3462 PG; 1640 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A COLLIER COUNTY, FLORIDA 6 LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson - Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 REF. INV.# 2370 FOLIO # 35761360009 DATE: November 18. 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 01 A RESOLUTION OF THE BOARD OF COUNTY ASSESSMENT EOF LIEN FOR HE FOR COST OF 16A 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE. No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON - MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2371 FOLIO #: 35761400008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this JR day of WoVeM b 2003. ATTEST: DWIGHT E. 13-W1bk'0 k BY to_ l k BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORID 0 BY: uty er - - A *0 t It l i� • i Tom Henning, Chairman L ; aignati only. Approved as to �fom Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311382 OR; 3462 PG; 1641 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT B, BROCK, CLERK REC FEE 10,50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 * ** OR; 3462 PG; 1642 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A 6 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson - Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 REF. INV.# 2371 FOLIO # 35761400008 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 0 2 A RESOLUTION OF THE BOARD OF COUNTY 16A 6 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON- MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2373 FOLIO #: 35761200004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this L&_ day of r�a[�jn, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT`BRI; Clerk COLLIER COUNT FLORIDA BY a > br BY: D duty OfIrk "`� �� Tom Henning, hairman pis "tO Cha 1 rman ' s Approvei�4, W fi'rl t t�'" nn Legal sufficiency: P"O M/Z-L� Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311383 OR; 346 2 RECORDED in OFFICIAL RECORDS of 12/12/2003 at 10:50AK DWIGHT E. Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 1240 PG; 1643 COLLIER COUNTY, FL BROCK, CLERK REC FEE 10.50 COPIES 2.00 * ** OR: 3462 PG: 1644 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson - Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 REF. INV.# 2373 FOLIO # 35761200004 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION N0.2003- 4 0 3 6 A RESOLUTION OF THE BOARD OF COUNTY 16A COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WILKINSON- MEFFERT CONSTRUCTION COMPANY, INC LEGAL DESCRIPTION: Lot4 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2388 FOLIO #: 35761160005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 18 day of Pr, 2003. ATTEST - E , DWJ' . E. ] '�WK, Clerk P BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORI A BY: pufy►l,r Tom Henning, Chairman %J�,. c .ttest as to Cha irmn - s Approv d: to- foFm lag 8 } U "e only. Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311384 OR; 3462 PG; 1646 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 * ** OR: 3462 PG; 1646 * ** BOARD OF COUNTY COMMISSIONERS 16A THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson - Meffert Cnst Co Inc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 REF. INV.# 2388 FOLIO # 35761160005 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 17, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003_ 4 0 4 A RESOLUTION OF THE BOARD OF COUNTY 4q COMMISSIONERS PROVIDING FOR THE 16A 6 ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MONTCLAIR FAIRWAY ESTATES BLDG CORP LEGAL DESCRIPTION: Lots 22, Block M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETTONE PARK, Phase One, according to the plat thereof, recorded in Plat Book 17, Pages 47 thru 49 of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2333 FOLIO #: 31055005252 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this $ day of A/O,/e Mbp�f -, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNT , FLORI A BY �.�. BY: tzty Berk Atte' gg t Ch Tom Henning, Chairman o a i roan s 's nar�ure on1 j. Approved as t'o,.f ©fmId,� Legal suf4c1en6y -`'�' Thomas C. Palmef, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311385 OR: 3462 PG; 1647 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT )240 * ** OR: 3462 PG: 1648 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A b COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MONTCLAIR FAIRWAY ESTATES BLDG CORP 800 HARBOUR DR. #3 Naples, Fl. 34103 -4451 REF. INVN 2333 FOLIO # 31055005252 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 22, Block M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETTONE PARK, Phase One, according to the plat thereof, recorded in Plat Book 17, Pages 47 thru 49 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 2, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 0 5 A RESOLUTION OF THE BOARD OF COUNTY 16A 6 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Fenton, Bonnie L. LEGAL DESCRIPTION: Lots 1, Block 256, Golden Gate Unit 7, according to the plat thereof, recorded in Plat Book 5, Pages 135 though 146, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2331 FOLIO #: #36449960005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this /8 day of A1,0 y�bn 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN , FLORI A .t, BY: BY: D 4ty Gift , = ` Tom Henning, Chairman a site T d$ xo Chairman's 914�u►tf 0nl�e Approved.as.to folul,a" Legal sufff(go�cy . r Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311386 OR: 3462 PG: 1649 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 * ** OR; 3462 PG: 1650 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A 6 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN FENTON, BONNIE L. 239 OSPREY LNDG UNIT 206 NAPLES, FL. 34104 -6638 DATE: Novembe r 18, 2003 REF. INV.# 2331 FOLIO # 36449960005 LIEN NUMBER: LEGAL DESCRIPTION: Lots 1, Block 256, Golden Gate Unit 7, according to the plat thereof, recorded in Plat Book 5, Pages 135 though 146, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above- described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 27, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 0 6 A RESOLUTION OF THE BOARD OF COUNTY 16A COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: AVILA, FILOMENO & MARIA LEGAL DESCRIPTION: Lots 13, Block 87, Golden Gate Unit 3, according to the plat thereof, recorded in Plat Book 5, Pages 100, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2305 FOLIO #: 35987920003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this /f_ day of A,lnVomLo -, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT EE: Clerk COLLIER COUN , FLOR A '. BY: - BY: y QIerk 4 �1 A _ Tom Henning, Chairman e only. Approved' to.fornric1; Legal sufficteil� ` Thomas C. C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311387 OR: 3462 PG: 1651 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT B. BROCK, CLERK REC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 * ** OR: 3462 PG: 1652 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA 16A 6 LEGAL NOTICE OF ASSESSMENT OF LIEN AVILA, FILOMENO & MARIA 559016 T" Pl. SW Naples, Fl. 34116 -4943 DATE: November 18, 2003 REF. INV.# 2305 FOLIO # 35987920003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 22, Block M, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETTONE PARK, Phase One, according to the plat thereof, recorded in Plat Book 17, Pages 47 thru 49 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 30, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 0 7 A RESOLUTION OF THE BOARD OF COUNTY 16 A 6 COMMISSIONERS PROVIDING FOR THE v ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WISNIEWSKI, LEONARD LEGAL DESCRIPTION: Lots 33 & 34, Block 5, MAINLINE SUB, PB 1, PG 98 of the Public Records of Collier County, Florida COST: $255.00 REFERENCE #: 2368 FOLIO #: 56405240008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 18 day of � 2003. ATTEST: DWIGHTI,3B$6fi)jCK, Clerk ♦4J �A BYAuir1;a/ Duty °Clerk' ApprovcOja. - to fo{ 0 Le al suffic�E {rI BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORI A BY: as to Cha ir"n • s Tom Henning, Chairman re only. Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311388 OR. 3462 PG; 1653 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT E. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7240 * ** OR; 3462 PG; 1654 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16A6 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WISNIEWSKI, LEONARD 1209 N TAMIAMI TRL LOT 35 N. FT MYERS, FL 33903 -5356 DATE: November 18, 2003 REF. INV.# 2368 FOLIO # 56405240008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 33 & 34, Block 5, MAINLINE SUB, PB 1, PG 98 of the Public Records of Collier County, Florida You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 11, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION NO. 2003- 4 0 8 A RESOLUTION OF THE BOARD OF COUNTY 16A 6 COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SCHUMACHER, HERMANN & ISLE LEGAL DESCRIPTION: : Lots 10, Block 230, Unit 7, Part GOLDEN GATE according to plat thereof recorded in Plat Book 5, Page 135 thru 146, inclusive, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE #: 2357 FOLIO #: 36430400008 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above - described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this // $ day of Alp&mb 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS r DWIGHT E � , iel COLLIER COUN Y, FLORIDA i r BY: BY: ' Tom Hennin Chairman De ufy rk ,��a 6 Chairman's g' s l.gn Approved as to fOrIw Legal sufficiency-. ice... Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311389 OR: 3462 PG: 1655 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT B. BROCK, CLERK RBC FEE 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 * ** OR: 3462 PG: 1656 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SCHUMACHER, HERMANN & ILSE BECKSTRASSEE 53 D 64287 DARMSTADT GERMANY REF. INV.# 2357 FOLIO #36430400008 16A6 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lots 10, Block 230, Unit 7, Part GOLDEN GATE ACCORDING TO PLAT THEREOF RECORDED IN plat Book 5, Page 135 thru 146, inclusive, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 28, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL RESOLUTION N0.2003- 4 0 9 16A6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99 -51, AS AMENDED WHEREAS, as provided in Ordinance No. 99 -51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12 %) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LA RUE, CLAUDE E. LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67 and 68. COST: $255.00 REFERENCE #: 2353 FOLIO #: 62092120004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above - described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above- described real property, and to the extent allowed by law, shall also be a lien upon all other real and /or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this 19 day ofVo effl , 2003. ATTEST: ' , `J .; . BOARD OF COUNTY COMMISSIONERS DWIGHT,E. VRbCK,`b erk COLLIER COUNT , FLORIDA BY z BY: piK •jCler tea' AS' to n1i11 SR's Tom Henning, Chairman ;•.•.. 'nate' only. Approved hs'WAO�n'.aYid Legal sufficiency: P L Thomas C. Palmer, Assistant County Attorney F: LIEN/ MSTR RESOLUTION 3311390 OR: 3462 PG: 1657 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/12/2003 at 10:50AN DWIGHT B. BROCK, CLERK RBC FBI 10.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 * ** OR; 3462 PG; 1658 * ** BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT 16 A COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E. 7012 CHADWELL RD. SW HUNTSVILLE, AL. 35802 -1712 REF. INV.# 2353 FOLIO #62092120004 DATE: November 18, 2003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3, Pages 67 and 68. You, as the owner(s) of the property above - described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 21, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99 -51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON - PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/ MSTR LNAL 16A7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15,2004 MEMORANDUM Date: November 25, 2003 To: Jack Wert Tourism Director From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: 2004 Tourism Agreement between Collier County and the Naples Botanical Garden Enclosed please find one copy of the 2004 Tourism Agreement, (Agenda Item #16A8) as referenced above, approved by the Board of County Commissioners on Tuesday, October 14, 2003. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosure 2004 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN THIS AGREEMENT, is made and entered into this Wo' day of 061-a , 2003, by and between the Naples Botanical Garden, Inc., a Florida not - for - profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Category "C -2" Tourist Development Tax funds for the Florida Gardens Interpretive and Promotions Plans for the Naples Botanical Garden project located on Bayshore Drive; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A ", the GRANTEE agrees to develop the Florida Gardens Interpretive and Promotion Plans for the Naples Botanical Garden project, (hereinafter "the Project "). 2. PAYMENT: (a) The maximum amount to be paid under this Agreement shall be Three Hundred Sixty -Six Thousand Five Hundred Dollars ($366,500). GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice[s] have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Department Director, or his designee, for review. (c) The Tourism Department Director, or his designee, shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. 2 16A8 (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex- Officio Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2003 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The Certificate of Insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person 3 PERSONAL INJURY LIABILITY $300,000 each claim per person 16A8 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Tourism Department Director, or his designee, within ten days of execution of this Agreement by the COUNTY. GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTS: (a) GRANTEE shall provide to County reports every quarter on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided, the economic impact of events, and the goods delivered during the preceding three months. 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 12 (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 7. INDEMNIFICATION: (a) GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE'S limit of or lack of, sufficient insurance protection. 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn President/COE" 0 Naples Botanical Garden 4820 Bayshore Drive, Suite D Naples, Florida 34112 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Tourism Department Director 3050 North Horseshoe Drive, #218 Naples, Florida 34104 5 GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 11. TERNIINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 12. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 13. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. 0 A GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 14. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 15. TERM: This Agreement shall become effective on QjA cr 1 V, oZ C) () 3 [date Board approves] and shall remain effective for one year until September 30, 2004. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of paragraph eleven (11) herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Department Director, or his designee, along with a final budget analysis by November 30, 2004. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Greater Naples, Marco Island, Everglades Convention and Visitors Bureau as one of the sponsors. 18. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. 7 16A8 IN WITNESS WHEREOF, GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E, BROCK, Clerk Attest ``1t►Q`►'sb s signaturi' a ``'`9 i ' ' • Printed/Typed Name' Approved as to form and legal sufficient Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA o By:rt% TOM HENNING, Chairman /d - 14 -03 GRANTEE: NAPLES BOTANICAL GARDEN, INC. BY: 11 �� n V-1 C ('CL Printed/Typed Name L r /� -Pik` P 9' i AP in-T a h A Printed/Typed Title Ez3 (corporate seal) ACORQ,M CERTIFICATE OF LIABILITY INSURANCE ';731TI%'# PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 Goodlette Road N, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 261 -3646 INSURED Naples Botanical Garden, Inc. 4820 Bayshore Drive Naples, FL 34112 -7337 ES INSURERS AFFORDING COVERAGE INSURERA: Cincinnati Insurance Company _INSURER B: INSURER C: INSURER D: _ - INSURER E: %Iwvc MV 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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE IMMIDDIYY) A GENERAL LIABILITY CAP7692816 11/12/02 11112/03 EACH OCCURRENCE 1 $300,000 FIRE DAMAGE (Any one fire $5 OOO X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $5,000 CLAIMS MADE EI OCCUR PERSONAL & ADV INJURY $300,000 -_ GENERAL AGGREGATE _ $Unlimited _ NRODUCTS - COMPIOPAGG $600 000 APPLIES PER: GEN'L AGGREGATE LIMIT A POLICY PRI LOC A AUTOMOBILE LIABILITY CAP7692816 11/12/02 11/12/03 COMBINED SINGLE LIMIT $300,000 (Ea accident) r ANY AUTO ALL OWNED AUTOS BODILY INJURY j $ I- - (Per person) SCHEDULED AUTOS -- -- -- _ X_ HIRED AUTOS BODILY INJURY $ (Per accident X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) .GARAGE LIABILITY i�, AUTO ONLY - EA. ACCIDENT {.$ _ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ —2 A '.. EXCESS LIABILITY CCC4483135 11/12102 11112/03 7 EACH OCCURRENCE _ $5,000,000 _ OCCUR CLAIMS MADE AGGREGATE - $5,000,000 - -$ DEDUCTIBLE $ X RETENTION $0 $ WC STATU- I JOTH- 'WORKERS COMPENSATION AND F -. -._. T-ORY_- LMT$ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER NS DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate Holder is Named As Additional Insured - Owners, Lessees or Contractors (Form B) as Regards to General Liability Coverage Collier County and its Board of County Commissioners and The Tourist Develpmt Council Tourism Department Director 3050 North Horseshoe Dr., #218 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL45 __DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUTFAILURE TODOSOSHALL IMPOSE NOOBLIGATION OR LIA$ILITYOF ANYKIND UPON THE INSURERJTS AGENTS OR AUTHORIZED ACORD 25 -S (7197)1 of 2 #S230815/M213892 vury " -" "" " "" """ ' - 16A8 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. ACORD25- S(7197)2 of 2 #S230815/M213892 nn'rr_A 1 r , A A VIIGIIIR. YVVVI -- -' - DATE ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/20/03D v) PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road N, #100 THIS CERTIFICATE ONLY AND HOLDER. ALTER TH IS ISSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTS UPON THE CERTIFICATE IS CERTIFICATE DOES NOT AMEND, EXTEND OR COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER VE POLICY EFF MM / ECTI Y DATE DD POLICY EXPIRATION DATE MMIDD/YY Naples, FL 34103 -3303 239 261 -3646 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Cincinnati Insurance Company s300,000 INSURER B: s50,000 Naples Botanical Garden, Inc. 4820 Bayshore Drive INSURER C: Naples, FL 34112 -7337 INSURER D: INSURER E: v 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 DD' NSR TYPE OF INSURANCE POLICY NUMBER VE POLICY EFF MM / ECTI Y DATE DD POLICY EXPIRATION DATE MMIDD/YY LIMITS A GENERAL LIABILITY CAP7692816 11112102 11/12/04 EACH OCCURRENCE s300,000 DAMAGE TO RENTED s50,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) s5,000 CLAIMS MADE Fix] OCCUR PERSONAL & ADV INJURY $300 OOO GENERAL AGGREGATE $Unlimited GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $600000 POLICY PE LOC A AUTOMOBILE LIABILITY CAP7692816 11/12/02 11/12/04 COMBINED SINGLE LIMIT (Ea accident) $3OO OOO I ANY AUTO 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 A EXCESSIUMBRELLA LIABILITY CCC4483135 11/12/02 11/12/04 EACH OCCURRENCE $5 OOO OOO AGGREGATE $5,000,000 X OCCUR CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $ O WC ATU- OTH- Y S LTIMIT, WORKERS COMPENSATION AND E.L. EACH ACCIDENT S EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate Holder is Named As Additional Insured - Owners, Lessees or Contractors (Form B) as Regards to General Liability Coverage Collier County and its Board of County Commissioners and The Tourist Develpmt Council Touristm Department Director 3050 North Horseshoe Dr., #218 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4_ 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 AUTHORIZED ACORD 25 (2001/08) 1 Of 2 #S2308171M230816 GON u M%I%J LJ �.vlcrvrv+l wl• IJVV 1bA 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. ACORD 25 -S (2001/08) 2 of 2 #S230817/M230816 EXHIBIT "A" Naples Botanical Garden Garden Preview Project Budget Florida Gardens Interpretative Plan includes equipment, development, design and installation self - guided activities $158,0 changing exhibitions 59,22110 Florida Gardens Promotions Plan includes preview events, advertising, collateral materials, website /video and market research $148,590 h:HFA\TDC\DCNaples Botanical Gardens2004 9 Total $366,500 • 16x9 Date: November 20, 2003 To: Ray Bellows, Planner From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Carnival Permit 2003 -06 Enclosed please find one document as referenced above , Agenda Item #16A9, approved by the Board of County Commissioners on Tuesday, November 18, 2003. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosures Permit No. 2003 - 06 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Our Lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a 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 WHEREAS, said Our Lady of Guadalupe Catholic Church, has requested a waiver of the, Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO OUR LADY OF GUADALUPE CATHOLIC CHURCH, to conduct a carnival from November 26th through November 30, 2003, in accordance with the terms and conditions set forth in the petitioner's application and all related documents incorporated herein, and attached hereto, as Exhibit "A ". (See attached Exhibit "A ") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this 18 ATTEST: DWIGHT E. BROCK, CLERK ,f ? 661 YC .� Appr lot v ` " to Jfoi m a4 » a Legal Suf cy Patrick G. W1* Assistant County Attorney CARNY- 2003 -AR- 5015 /CM /sp day of November , 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: BY: TO ING, AIRMA IofI 16B1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICI= AS OF JANUARY 15, 2004 1682 MEMORANDUM Date: November 20, 2003 To: Mitch Riley, Senior Project Engineer Transportation Engineering From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -411 Enclosed please find one document as referenced above, Agenda Item #16132, approved by the Board of County Commissioners on November 18, 2003. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures RESOLUTION NO. 2003- 411 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO AMEND THE CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE PUBLIC RIGHTS -OF -WAY BY (1) PERMITTING ONLY ONE DRIVEWAY ACCESS FOR LOTS HAVING FRONTAGE OF LESS THAN 100 FEET, SUBJECT TO CASE -BY -CASE REVIEW OF REQUESTS FOR DEVIATION FROM THIS POLICY, AND (2) ELIMINATING THE REQUIREMENT FOR SECURING A PERMIT TO PERFORM TURF MAINTENANCE IN PUBLIC RIGHTS -OF -WAY. WHEREAS, Collier County Ordinance No. 2003 -37 adopted the 2003 version of the "Construction Standards Handbook for Work with the Public Right -of -Way, Collier County, Florida" (the "Handbook ") and provided that "Changes may be made to the Handbook by resolutions adopted by the Board of County Commissioners;" and WHEREAS, by Ordinance No. 2003 - 58 , the Board of County Commissioners prohibited the enclosure of swales along County Rights -of -Way, subject to a case -by -case review of requests for deviation from such a prohibition; and WHEREAS, the construction of more than one driveway on lots having frontage under 100 feet, which frontage abuts swales along County Rights -of -Way, effectively results in the enclosure of a substantial portion of such swales; and WHEREAS, the Handbook as currently written is unclear as to whether a permit is required for turf maintenance in County Rights -of -Way; and WHEREAS, it was never the intent of the Board of County Commissioners in adopting the Handbook to require a permit for turf maintenance in County Rights -of -Way; and WHEREAS, the Transportation Division believes these revisions to be in the best interest and provide for the health, safety, and welfare of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Section III-B -1 and Section, IV� �' ��v •.mow e -5 are hereby amended as shown in Exhibit "A" to this Resolution. This Resolution adopted after motion, second, and majority vote favoring same, this 18 day of November -12003. ATTEST.,,� DW.ICQ,�CK, Clerk 6 y 4 e uty Clerl Attest "s BOARD OF OUNTY OMMISSIONERS COLLIE OUNT ORIDA By: m Tom Henning, Chairman EXHIBIT "A" III. TURN LANES, DRIVEWAYS, ACCESS ROADS DESIGN REQUIREMENTS B. The following geometric restrictions for the classification of the type of property being served are hereby established as the standard. Practicality and space limitations preclude the inclusion of data to cover all design criteria. The Transportation Services Administrator may mitigate the geometric and design standards when conditions warrant. 1. Single Family and Duplex Residences: a. Lots having frontage of --5 less than 100' shall be permitted only one driveway access. Any requested deviation to this policy shall be subject to review, on a case- by-case basis, by the Transportation Services Division Administrator or his designee. IV STREETSCAPE IMPROVEMENTS IN RIGHTS -OF -WAY Sod placement in ditches and swales: A "Permit to Perform Work an&er- N4aint°n„ „^° in Public Rights -of -way” must be applied for by the responsible property owner or his authorized agent. A Permit shall not be required for turf maintenance in Public Rights -of -Way. 1683 MEMORANDUM Date: November 19, 2003 To: Robert Tipton Traffic Operations Manager From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -412 re: Joint Project Agreement between Collier County and the State of Florida Department of Transportation for the Collier County Computerized Signal System Phase I. Please find enclosed a copy of Resolution 2003 -412 regarding Agreement between the Board of County Commissioners and the Florida Department of Transportation, approved on November 18, 2003 (Agenda Items #16B3). A certifed copy of the above - mentioned resolution has been sent, as requested on the document, to the Florida Department of Transportation in Bartow, Florida. If you should have any questions, please contact me at: 774 -8411. Thank you. Enclosures Dwight E. Brock Clerk of Courts November 21, 2003 -- County of Collier w CLERK OF THE CIRCUIT COURT . COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds ATTN: District 1- Traffic Operations Florida Department of Transportation P.O. Box 1249 MSI -8 Bartow FL 33830 -1249 Re: Joint Project Agreement regarding Phase H of the Collier County Computerized Signal System (Resolution 2003 -412) Dear Sir: Transmitted herewith is a certified copy of the above referenced resolution and agreement authorizing execution of a Joint Project Agreement between the Board of County Commissioners with the State of Floridam Department of Transportation for the Construction, Construction Engneering and Inspection ( "CEP'), and Post Design Services for Phase II of the Collier County Computerized Signal System. Please execute and return one original to the Collier County Minutes and Records Department for the official record. Please call me at 774 -8411 if you have any questions. Very truly yours, DWIGHT E. BROCK, CLERK 14� Q. WCA�) b .0 . Linda A. Houtzer Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.coMer.fl.us Email- collierclerkaa,clerk.collier.fl.us RESOLUTION NO. 2003 - 412 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, CONSTRUCTION ENGINEERING AND INSPECTION, ( "CEI "), AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM. WHEREAS, the State of Florida Department of Transportation is prepared, in accordance with its Five Year Work Program, to fund improvements to the Collier County Computerized Signal System Phase I in fiscal year 2002/2003, under FM Number 195403- 1- 58 -01; and WHEREAS, this project is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan; and WHEREAS, Collier County is willing to undertake this project and the State of Florida Department of Transportation is willing to compensate Collier County for costs directly related to the construction, construction engineering and inspection ( "CEI "), and post design services for the project up to the sum of $4,728,033.00 to do said work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners, Collier County, Florida, hereby authorizes the Board Chairman to enter into an Agreement entitled "JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUCTION, CEI AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM," a copy of which Agreement is attached hereto. 2. The Clerk to the Board is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Bartow, Florida. 3. This Resolution shall take effective immediately upon adoption. This Resolution adopted after motion, second, and majority vote favoring same, this 18 day of November, 2003_ ATTEST: DWIGH E: BROCK; Clerk 4z' VA 13eputy perk „ to form and legal Jefyff. Klatzkow Ass* 41 County Attorney BOARD OF C01JNTY COMMISSIONERS COLLIER COVNTY, FL IDA By: Tom I e mg, Cha •man Page 1 of 1 MEMORANDUM Date: November 19, 2003 To: Robert Tipton Traffic Operations Manager From: Linda A. Houtzer Minutes & Records Department Re: Joint Project Agreement between the State of Florida Department of Transportation and Collier County Please find three (3) original Joint Project Agreements between the Board of County Commissioners and the Department of Transportation, approved on November 18, 2003 (Agenda Items #16B3) . Kindly forward these documents to the appropriate agency for the required signature and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at: 774 -8411. Thank you. Enclosures 16 °3 FM NO: 195403 -2- 38/58/68 -01 COUNTY: COLLIER JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY, FLORIDA, hereinafter referred to as the "COUNTY ". WITNESSETH WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program to fund construction improvements to Phase II of the Collier County /City of Naples Computerized Signal System in fiscal year 2003/2004, under FM Number 195403 -2- 38/58/68 -01, hereinafter referred to as the "PROJECT "; and WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan; and WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is willing to compensate the COUNTY for costs directly related to the construction, construction engineering and inspection ( "CEI "), and post design services for the PROJECT as described herein; and WHEREAS, the COUNTY by Resolution, dated the I. day of M6 , 2003, a copy of which is attached hereto and made a part hereof, has authorized the Chairperson of the County Commission to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The COUNTY agrees to undertake the construction, CEI, and post design services for the PROJECT and the DEPARTMENT agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the DEPARTMENT's specifications and the terms and conditions in this Agreement. 2. The PROJECT consists of construction, CEI and post design services for improvements to Phase II of the Collier County /City of Naples Computerized Signal System. The PROJECT will incorporate additional signalized intersections into the County system and will include the installation of video cameras for traffic monitoring at congested intersections. Post - design services and development of new signal timings for the PROJECT intersections will also be provided under separate contract by the County. Said construction of the PROJECT shall be completed on or before July 30, 2006. 3. The COUNTY will begin construction of the PROJECT after execution of this Agreement and upon receiving notification in writing by the DEPARTMENT to proceed. 4. The DEPARTMENT agrees to a maximum participation, including contingencies, in the PROJECT in the amount of FOUR MILLION SEVEN HUNDRED TWENTY -EIGHT THOUSAND THIRTY THREE DOLLARS ($4,728,033.00) broken down as follows: Construction $3,520,456.00, CEI Services $656,333.00, and Post Design Services $551,244.00. 5. The DEPARTMENT agrees to pay the COUNTY in accordance with Section 339.12, Florida Statutes, and totally subject to legislative approval and appropriation, in accordance with paragraph 4 herein. Said payment will be made after receipt of quarterly invoices from the COUNTY on the PROJECT until final accepted by the DEPARTMENT. The invoice and supporting documentation is to be sent to the Project Manager for approval and processing. In the event the COUNTY proceeds with construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). 6. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. 7. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Paul Theberge, Resident Engineer Florida Department of Transportation 2981 NE Pine Island Road Cape Coral, Florida 33909 TO COUNTY: Bob Tipton County Traffic Operations Manager Collier County 2705 S. Horseshoe Dr. Naples, Florida 34104 8. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. 2 P,`*,"�, (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (e) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (f) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (g) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488 -2924 or by calling the State Comptroller's Hotline, 1- 800- 848 -3792. (h) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records, of the COUNTY and all contractors and consultants performing work on the PROJECT, and all other records of the COUNTY and its contractors and consultants considered necessary by the DEPARTMENT for a proper audit of costs. (i) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding Kj i nil% commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 0) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (k) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (1) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. (m) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (n) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (o) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 4 16B3 (q) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 9. a) The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. C) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 10. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 11. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. The parties agree that I% of the 5 1.6B3 total compensation to the COUNTY for performance of this Agreement is the specific consideration from the DEPARTMENT to the COUNTY for the COUNTY's indemnity agreement. b) The COUNTY agrees to include the following indemnification in all contracts with contractors /subcontractors, consultants /subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." 12. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 2 16 w� IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf this 1R day of No veM be t-- , 2003, by the Chairperson of the County Commission, authorized to enter into and execute same by Resolution Number pp -4L17- of the Board on the day of Jfoy ,get- L& L, 2003, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of , 2003. COUNTY COMMISSION COLLIER CO T4FRIDA By: CHAIRPERSON ATTEST: eere�Yer, kI,1 f�F v ~ "e tY BY RQeal) - LERK, " Mls� l}L�1t N.`P Gtr �, n Legal Revs' ,�r Aaii •.jris '= BL G' CO ATTORNEY USE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY ATTEST: By: (Seal) EXECUTIVE SECRETARY Legal Review: LION 7 DISTRICT LEGAL COUNSEL 1683 FILED 21 `,0LLErf? COUNTY, FLORIDA 7M3140V 25 AM II: 4 t MEMORANDUM C L. E i K OF C O UR f S Date: November 19, 2003 To: Robert Tipton Traffic Operations Manager From: Linda A. Houtzer Minutes & Records Department Re: Joint Project Agreement between the State of Florida Department of Transportation and Collier County Please find three (3) original Joint Project Agreements between the Board of County Commissioners and the Department Items of Transportation, approved on November 18, 2003 (Agenda #16B3) . Kindly forward these documents to the appropriate agency for the required signature and return one fully executed original to Minutes and Records. If you should have any questions, please contact me at: 774 -8411. �lt.rCiti•�� Thank you. Enclosures .,� ��.�e 0 Florida Department of Transportation JEB BUSH GOVERNOR December 12, 2003 Mr. Robert W. Tipton, P.E. Traffic Operations Manager Collier County 2705 S. Horseshoe Drive Naples, Florida 34104 1683 JOSE ABREU SECRETARY Re: Executed Joint Project Agreement for construction, CEI and post design services for Phase II — FM# 195403 2 38/58/68 01 Dear Mr. Tipton: Enclosed is one (1) original fully executed Agreement for your records on the above referenced project. If you have any questions, please feel free to contact me at (239) 461 -4300. Sincerely, J na�� aren A. Miracola District LFA /JPA Coordinator Enclosures Cc: Sharon Newman, Transportation Accounting Supervisor, Collier County Joe Montoya, Ft. Myers Operations Center, MS 1 -93 Chris Birosak, Traffic Operations, MS 1 -8 District One, Southwest Area Office 2295 Victoria Avenue *Post Office Box 1030 *Fort Myers, FL 33902 -1030 (239) 461 -4300 *(239) 338 -2353 (Fax) *MS 1 -98 www.dot.state.fl.us FM NO: 195403 -2- 38/58/68 -01 COUNTY: COLLIER JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR CONSTRUCTION, CEI, AND POST DESIGN SERVICES FOR PHASE II OF THE COLLIER COUNTY COMPUTERIZED SIGNAL SYSTEM This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" and COLLIER COUNTY, FLORIDA, hereinafter referred to as the "COUNTY ". WITNESSETH WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program to fund construction improvements to Phase II of the Collier County /City of Naples Computerized Signal System in fiscal year 2003/2004, under FM Number 195403 -2- 38/58/68 -01, hereinafter referred to as the "PROJECT "; and WHEREAS, said PROJECT is on the State Highway System, is not revenue producing and is contained in the tentative Five Year Transportation Plan; and WHEREAS, the COUNTY is willing to undertake the PROJECT and the DEPARTMENT is willing to compensate the COUNTY for costs directly related to the construction, construction engineering and inspection ( "CEI "), and post design services for the PROJECT as described herein; and WHEREAS, the COUNTY by Resolution, dated the E_ day of , 2003, a copy of which is attached hereto and made a part hereof, has authorized the Chairperson of the County Commission to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The COUNTY agrees to undertake the construction, CEI, and post design services for the PROJECT and the DEPARTMENT agrees to pay for said services, as stated in paragraph 4 herein, provided they are performed in accordance with the DEPARTMENT's specifications and the terms and conditions in this Agreement. 2. The PROJECT consists of construction, CEI and post design services for improvements to 1663 Phase II of the Collier County /City of Naples Computerized Signal System. The PROJECT will incorporate additional signalized intersections into the County system and will include the installation of video cameras for traffic monitoring at congested intersections. Post - design services and development of new signal timings for the PROJECT intersections will also be provided under separate contract by the County. Said construction of the PROJECT shall be completed on or before July 30, 2006. 3. The COUNTY will begin construction of the PROJECT after execution of this Agreement and upon receiving notification in writing by the DEPARTMENT to proceed. 4. The DEPARTMENT agrees to a maximum participation, including contingencies, in the PROJECT in the amount of FOUR MILLION SEVEN HUNDRED TWENTY -EIGHT THOUSAND THIRTY THREE DOLLARS ($4,728,033.00) broken down as follows: Construction $3,520,456.00, CEI Services $656,333.00, and Post Design Services $551,244.00. 5. The DEPARTMENT agrees to pay the COUNTY in accordance with Section 339.12, Florida Statutes, and totally subject to legislative approval and appropriation, in accordance with paragraph 4 herein. Said payment will be made after receipt of quarterly invoices from the COUNTY on the PROJECT until final accepted by the DEPARTMENT. The invoice and supporting documentation is to be sent to the Project Manager for approval and processing. In the event the COUNTY proceeds with construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). 6. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT will have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. 7. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Paul Theberge, Resident Engineer Florida Department of Transportation 2981 NE Pine Island Road Cape Coral, Florida 33909 TO COUNTY: Bob Tipton County Traffic Operations Manager Collier County 2705 S. Horseshoe Dr. Naples, Florida 34104 8. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. F) 16B3 (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (e) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (f) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (g) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488 -2924 or by calling the State Comptroller's Hotline, 1- 800- 848 -3792. (h) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the project records, together with supporting documents and records, of the COUNTY and all contractors and consultants performing work on the PROJECT, and all other records of the COUNTY and its contractors and consultants considered necessary by the DEPARTMENT for a proper audit of costs. (i) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding 3 commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 0) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (k) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (1) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. (m) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (n) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (o) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Ll 16B� (q) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 9• a) The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. b) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. C) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 10. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 11. a) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. The parties agree that 1% of the 5 � � J total compensation to the COUNTY for performance of this Agreement is the specific consideration from the DEPARTMENT to the COUNTY for the COUNTY's indemnity agreement. b) The COUNTY agrees to include the following indemnification in all contracts with contractors /subcontractors, consultants /subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." 12. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, final costs are known and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 0 1663 IN WITNESS WHEREOF the COUNTY has caused this Agreement to be executed in its behalf this 1_ day of 0 Veit b -- , 2003, by the Chairperson of the County Commission, authorized to enter into and execute same by Resolution Number pp - IL of the Board on the day of , 2003, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this �T— day of -(: P ('e n 1-)e r , 2003. COUNTY COMMISSION COLLIER CO TY, F RIDA By: By: CHAIRPERSON ATTEST: e„ By eal) ERK Legal ReV w'. ti f`��ieeltit�tt�� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIST,RCCTT SECRETARY ATTEST: ��t j)O(Seal) EXECUTIVE SECRETARY Legal Review: B : _ By: DISTRICT LEG L COUNS 7 Al :1 JA Eel X3i•1 oil I►i Date: November 21, 2003 To: Barbara Lee Transportation /Road Maintenance From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Adopt -A -Road Program Agreements Enclosed please find eight (8) documents as referenced above (Agenda Item #16139), as approved by the Board of County Commissioners on Tuesday, November 18, 2003. If you should have any questions, please call me at 774 -8411 Thank you. Enclosures 1Q9 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this IS of No V. 200' ), by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, NAPLES SAFE DRIVING ACADEMY (hereinafter called the "GROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as AIRPORT - PULLING RD. from GOLDEN GATE PARKWAY to RADIO RD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (6 10 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult s!,,nerv;sor for every 5 vouths_ ages 14 -17. who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shalt have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter- pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. The GROUP shall park all vehicles well clear of the adopted roadway and at least 1689 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two - year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right- of -,vay. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash -bags, pick -up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. I£ in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. i The adopting GROUP may also, upon 30 days notice, terminate this Agreement J they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as AIRPORT - PULLING RD. from GOLDEN GATE PARKWAY to RADIO RD. and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning November 1, 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrces that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk By: ,� • 14 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 By T ENN G, Chai rl -I @ -03 qmt GROUP: GROUP: NAPLES SAFE DRIVING ACADE BY: ,President roup's Pr id�ent ( rint) w a Group's Ado t -A -Road Chairman (print) 4 9n. 1y - � 5-k -.?-7 3 &_0 -!> Gr Group's Adopt -A -Road Chairman's Address r Phone # (day) Phone # (night) Approved as to form and 1 gal sufficiency: t Is line Hubbard Robinson stant County Attorney 1 6-B 9 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this _Rday of i(%w 2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, PRECISION CLEANING, INC. (hereinafter called the "GROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as PINE RIDGE RD.from US41 to AIRPORT - PULLING RD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform "Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (6 10 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14 -17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter - pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two - year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right -of -way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash -bags, pick -up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agree4nl i they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as PINE RIDGE RD.from US41 to AIRPORT- PULLING RD. and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning November 1, 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGH, X, 1W -VVK, Clerk By: !t •'�� C�,�f} a 5 � 1R'OT't r ~fit BOARD OF COUNTY COMMIS-SIONERS OF COLLIER OUNTY FLORIDA 0 By TOM ENN4G, airma 11-18-63 wi 46-1; o W111106 GROUP: GR7-4��y ISM LEANING, INC. BY: ,President O D Group's President (print) Group's Adopt -A -Road Chairman (print) `. y 16 Yu Sd ,ec4 N o 6)p R - 3rflq Group's Adopt -A -Road Chairr nanlsAddress Phone # (day) Phone # (night) Approved as to form and legal sufficiency: 41 1 L" � r'l U a que ine Hubbard Robinson istant County Attorney COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEME B C� Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this / day ofA6wM 2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, LAURA FAUSTINO, REALTOR, CENTURY 21 (hereinafter called the "GROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as IMMOKALEE ROAD from WOODCREST ROAD to ROCK ROAD and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (6 10 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14 -17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter - pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 16B9 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two - year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right -of -way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash -bags, pick -up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the 16B9 COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Immokalee Road from Woodcrest Road to Rock Road and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning December 1, 2003 and ending November 30 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTE$T.l ....:*.'' '.... DW1 6 QCK, Clerk .Depit��er �� Attett,` � �g BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA By TOM HENNI G, Chairma 11-1;6-03 GROUP: GROUP: LAURA FAUSSTVgO, RFjAL ro� CENTURY Z1 _ - _ ,'President Group's President (print) /- i"�(,e "t L,9 -f (: f / Group's Adopt -A -Road Chairman (print) Group's Adopt -A -Ro d Chairman's Address Phone # (day) Phone # (night) Approved as to form and legal sufficiency: j 4�4 " 1�•- ---- -- -� Wquefine Hubbard Robinson sistant County Attorney 10/1Q,'2003 12:10 2395949440 MARI VESCI REALTORS PAGE 01 COT.I..IER COUN'T'Y ADOPT- A -ROAD PROGRAM AGREEMEIr 6 B nl Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this day of 0 ` '+. i!2003, by and between Collier County, through its Transportation :Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, MARi VESCI REALTORS, INC. (hereinafter ca.ded the "(7TROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for l.itter4.ree roads, and enter. this Agreement to petii,it the GROUP to contribute toward the effort of maintaining a. litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known. as 11.1TH AVEJBLU.EBILL from US41 to WIGGINS PASS RD.and acknowledges the hazardous nature of picking up .litter, anal agrees to the followiaag terms and conditions- THE GROUP SHALL: I . Participants in the GROUP agree to obey and abide by all laws and, regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with. the Florida Department of T.rarisportatioxVs Accident prevention Manual, Safe Field Practices, the Flori,d.a Manual on. Uniform, Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (61 0 for interstate), all. of which by this reference are incorporated herein. 3. Only allow such, person to participate as are determined by the GROUP to be responsible enough to safely participate in. litter removal activities. Participati.iag youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 :youths, ages 1.4 -1.7, who is participating 41, the litter removal activity. Therc shall a:t all times be at least one person 18 years of age or older Wbo is generally responsible for supervising all litter removal. activities_ 4. Not bring persons to observe the activity if the person is wader the age of 14 and is not an official participant. 5. The GROUP shall. conduct at least two safety procedure meetings per year for its pa.rticipati,ng members. Participants must sign a. hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the CoIl.ier County adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. S. The GROUP shall perform Litter - pick -up on one side of the road at a time. 9. Remove litter d-uring daylight hours only. 1.0. Not pick up litter at construction. sites, in. tunnel or on median. 10/10/2003 12:10 2395949440 MARI VESCI REALTORS PAGE 02 11. _ The GROUP shall park all vchi.cles well clear of the adopted .roadway and alle 6B9 20 feet from the edge of the payment. 12. The GROU P hereby adopts a. section of :road at least two miles long for a two- year peri od, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group sha:.11 obtain required supplies and material. from the County. 15. Traffic Control si.giis supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. "l:'he GROUP participants shall wear COUNTY supplied and approved safety vests 'while on the road right -of way_ 17. insure that all participLuits wear safety vests at all. times during the litter removal activity. The .local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hi?ld.er the sight of participants. 19. The GROUP shall coordinate pickup details with the Coun.ty's project coordinator at least one week prior to a. pickup. 20. The GROUP shall place filled trash. bags at the adopted site sponsor sighs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the .number of people involved, number of bags of litter- collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY' for ruaking the .reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from. red.enlption. of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall. (1) be returned to the COUNTY within two workdays 1:161.1owing cleanup or, (2) with COUNTY C.'.00rdillator's perm.i.ssion, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash. -bags, pick-up sticks and. traffic control. signs, 2. 1?rovi.de GROUP with outline pertaining to safety regulations. 3. Remove the :filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted. section onJ.y under unusual circumstances, i.e. to remove large, .heavy or hazardous items. 5_ Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. Tff, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY ina.y termin.a.te this Agreement. The COUNTY reserves the right to modify or cancel the program at ann,y time. 10/10/2003 12:10 2395949440 MARI VESCI REALTORS PAGE 03 The adopting GROUP may also, upon 30 days notice, terr�ainate this AgrCc116 U 9 they are no longer abl.c to ineet the terms and conditions of t;hc Agreement. In this event, the GROUP is .responsible for immediately retuiating all County -owned materials to the County project eoord;ina.tor. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as 11.1 T1 AVE. /BLUEBELL from US41. to WIGGINS .PASS RD. and the GROUP accepts the responsibility of picking up litter on this section, of road and promoting a, litter - tree: environment in the community for a period beginuing November 1. 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenaiats and agrees that it will indemnify aia.d. hold harmless Collier County and i.fs officers, agents and em.pl.oyces fro.rn any claim, loss, damage, cost, charge or expense ansirig out of any act, neglect or ornission by the GROUP or by any person performing litter reniova..l as part of the GROUP during the performance of th.c Agree;merrt whether direct or indirect, and whether to any person. or property to which Collier County or. said parties m,ay be subject, except that neither the UROUP nor any of its members shall be liable under this provision -for damages arising out of injury or damage to persons or property directly caused or resulting fYo.m the sole negligence of Collier County, and ix,_ officers, employees or agents. The Agreemea.:r:t shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for an.y reason upon 30 days notice. This Agreement is for litter .removal activities only. No beautification activities are authorized by this Agreement. IN WTTN:ESS 'WHEREOF, the Parties have caused this .Agreement to be duly executed as of the date and year written above COUN'T'Y: ATTE'�� `® ` DWi(,'HI Kk'ir,liwrk�. i J By: ;/ ` ; An Attest "a`s'" to' Chairman's signature only. BOARD OF COUNTY COMMISSIONERS OF COLLIER OUN'T'Y FLORIDA B . y TOM HENN G, Chairing /�-I& a3 GROUP: GROUP MARI VESC ,REALT RS INC. BY: ,President Group's President (print) Group's Adopt -A -Road Chairman (print) - r 4y.-I., V m u .,-A s 6 ki Group's Adopt- A- Road thairman's Address 54G- ?�219 S 9� - cZ 3 � Phone # (day) Phone # (night) Approved as to form and legal sufficiency: - � - V iue ne Hubbard Robinson 'stant County Attorney 1669 J COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this _day of ,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, CREW LAND AND WATER TRUST (hereinafter called the "GROUP' }. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WIEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as CORKSCREW ROAD from approximately 1.2 miles South of SR82 continuing for 1.9 miles to end of CREW property and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (6 10 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14 -17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter - pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pickouLpTlitter at construction sites, in The shall park all vehicles well clear of the adopted roadway and at 20 feet from the edge of the payment. Y least 12. The GROUP hereby adopts a section of road at least two miles long for a two - Year Period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the Co 15. Traffic Control signs supplied by the COUNTY will be plac unty. ed by the GROUP during trash pickups. 16. The GROUP participants shall wear CO vests while on the road right -of -way. LINTY supplied and approved safety 17. Ensure that all participants wear safety vests at all times during the litter remov activity. The local maintenance office should be contacted to obtain safety vests al control signs and litter collection bags at least five 5 'traffic and return the same when activity is complete. �) days prior to litter removal activity 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. dinator 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for Pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - the COUNTY for making the reports and should be filed with the COUNTY d by coordinator. project 22. The GROUP is encouraged to separate recyclable materials. All proceeds fr om redemption of recyclable materials shall become the roe the volunteer group represents. property rty of the organization, which 23 • Unused materials and supplies the COUNTY within two workdays following cleanup COUNTY h CO N be returned to Coordinator's permission, be retained by the GROUP during Agreement COUNTY g A Bement period. THE COUNTY SHALL: 1 • Provide safety vests, trash-bags, 2• Provide GROUP with outline pertaining to sticks and traffic control signs. 3• Remove the filled trash -bags as soon as possiblafterthae pickup. 4. 4 Remove litter from the adopted section only under unusual circumstances remove large, heavy or hazardous items. 5 , i.e. to Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the adopting GROUP County Project Coordinator, it is found that the is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to mo ' cancel the program at any time. modify or The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Corkscrew Road from approximately 1.2 miles South of SR 82 continuing for 1.9 miles to end of CREW property. and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning August 1, 2003 and ending July 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATT iT: -,,,, ,i BOARD OF COUNTY COMMISSIONERS DW ,GHT "K. ROCK, Clerk OF COLLIER OUNTY FLORIDA . , BY e pto TOM HENNING Chairma r;Nxtiest as tQ Chairman's gnature only. GROUP: GROUP: CREW LAND AND WATER TRUST BY: t_- Ci��CUT1v� D)2-iC -7V/` +residegt Group's President (print) C>EZ-; IMA) -5 a N Group's Adopt -A -Road Chairman (print) , 239G,�' ko,4D E57 ,pv 3�` Group's Adopt -A -Road Chairman's Address &SS7 -2,45- 3 4 3 1- 3o e - 75- Phone # (day) Phone # (night) Approved as to form and legal sufficiency: J �,*quekine Hubbard Robinson sistant County Attorney COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this lg_day of Alojk-��-,2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, NEIGHBORHELP REFERRALS (heinafter called the "GROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as DESOTA BLVD. SOUTH from GOLDEN GATE BLVD. to 14" AVE. SE and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: I . Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14 -17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter - pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. •i� 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two - year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right -of -way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash -bags, pick -up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. men ik The adopting GROUP may also, upon 30 days notice, terminate this Agree 6 9 they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Desoto Blvd. South from Golden Gate Blvd. to 14th Ave. SE and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning November 1, 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGIJT` Clerk - ' Del�tyy r Attv`s;as tri Ghrr`n's S i'gr~�,t`�, BOARD OF COUNTY COMMISSIONERS OF COLLIER C UNTY, FLORIDA 1 By TOM ANNIN , Chairman /f -1$1- 03 non 6 � GROUP: GROUP: NEIGHBORHELP REFERRALS ,President Group's President (print) Group's Adopt -A -_Road Chairman (print) Group's Adopt -A -Road Chairman's Address 4, Phone # (day) Phone # (night) Approved as to form and legal sufficiency: JAcouelink Hubbard Robinson A istant County Attorney COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEME T 6 B Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this 18 day of X2003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, JAMES WEIGEL, REALTOR/DOWNING -FRYE REALTY,INC. (hereinafter called the "GROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as GOLDEN GATE PARKWAY from GOODLETTE -FRANK RD. to AIRPORT - PULLING RD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14 -17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter - pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two - year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right -of -way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash -bags, pick -up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreemenif� they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as GOLDEN GATE PARKWAY from GOODLETTE -FRANK RD. to AIRPORT- PULLING RD. and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning November 1, 2003 and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.'BRO(—: .k; Clerk OF COLLIER OUNTY FLORIDA By ~ 1 C. By duty? TOM HENNING, Chairmand Attest 'at -tk,#,(,h ,iria an' s Signature only. INS GROUP: GROUP JAMES WEIGEL, REALTOR/DOWNING -FRYE REALTY,I BY: ,President James R. Weigel Group's President (print) James R. Weigel Group's Adopt -A -Road Chairman (print) 3411 Tamiami Trail North, Naples, Florida 34103 Group's Adopt -A -Road Chairman's Address (239)659 -0222 (239)263 -3090 Phone # (day) Phone # (night) Approved as to form and legal s ficiency: U a quell e Hubbard Robinson istant County Attorney COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMET' Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this day of Mb em8e&003, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY ", and the volunteer group, ROCKEFELLER LIMOUSINE (hereinafter called the "GROUP "). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter -free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as VANDERBILT DRIVE from 111TH AVE.N. to WIGGINS PASS RD.and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: 1. Participants in the GROUP agree to obey and abide by all laws and regulations relating to safety on a particular adopted roadway section. 2. Perform litter removal on the Adopted Roadway Section in accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14 -17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt -a -Road contact and set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter -pick -up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway ants> 20 feet from the edge of the payment. 9 12. The GROUP hereby adopts a section of road at least two miles long for a two - year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right -of -way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports and should be filed with the COUNTY project coordinator. 22. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the organization, which the volunteer group represents. 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays following cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash -bags, pick -up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash -bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County -owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as VANDERBILT DRIVE from 111TH AVE.N. to WIGGINS PASS RD. and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter -free environment in the community for a period beginning November 1, 200' ) and ending October 31, 2005 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subiect, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the date and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk Lo Ati 05 BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNT , FLORIDA TOM HENNING, Chairm li -19 -0 3 O GROUP: GROU : ROCKEF LLER LIM INE BY: sid nt �"fh. Bruce c�ly f�' fP ! '� L G�QU �iJ �' AL-f, ' MyCornn1siionD023M roup's resident ( �!'� ►' s OCtobw 6 2W7 G p 's �— 2— b Grou 's A7910 t -A- oad Chairman ( rin 7 (P R 1v /�) g , F.„ Group's Adopt -A -Road Chairman's Address yig Phone # (day) Phone # (night) Approved as to form and legal sufficiency: I j � 1 a qu line Hubbard Robinson Assistant County Attorney 16C1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15,2004 16C2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 16C3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 16C5 MEMORANDUM Date: December 29, 2003 To: Lynn Wood From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract for Construction to Douglas N. Higgins, Inc. for the "Reuse Water System Service Connections" Phase 2, Bid 03 -3560, Project 74020, in the amount of $577,000 Enclosed are three (3) original documents, as referenced above (Agenda Item #16C5), approved by the Board of County Commissioners on Tuesday, November 18, 2003. If you should have any questions, you may contact me at 732 -2646, ext 7240. Regards, Enclosure(s) 16 __ t-i _= Jr f .E Uf'! Y A7 i ORI� P ITEM NO.: p DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 24, 2003 12�'`'' �- To: Robert chary Assis t County Attorney r From: Lyn M. Wood, C.P.M. Purchasing Agent 732 -2667 Re: Contract 403 -3560 "Reuse Water System Service Connections, Phase 2" Contractor: Douglas N. Higgins, Inc. BACKGROUND OF REQUEST: 16.C.5 This contract was approved by the BCC on ovember 18, 200' ). Agenda Item This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank vou. 16C5 Reuse Water System Service Connections, Phase 2 Collier County Wastewater Department COLLIER COUNTY BID NO. 03 -3560 COLLIER COUNTY WATER -SEWER DISTRICT Design Professional: Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TABLE OF CONTENTS 16C5 A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE ONE ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER PROPOSAL DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS 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 H2: Maintenance of Traffic Policy (MOT) 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 Hole Montes, Inc., and identified as follows: Reuse Water System Service Connections, Phase 2, as shown on Plan Sheets 1 through 13, 1 E1 through 1 E7, 2E1, 3E1, 4E1, 5E1, 6E1, 7E1 and 8E1. PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) 16C5 INVITATION TO BID COLLIER COUNTY WATER - SEWER DISTRICT COLLIER COUNTY, FLORIDA Reuse Water System Service Connections, Phase 2 COUNTY BID NO. 03 -3560 Separate sealed proposals for the construction of North County Water Reclamation Facility Expansion to 24.1 MGD — Solids Stream, 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 4th day of September, 2003, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre -bid conference shall be held at the Purchasing Department, Naples, Florida,and will include a bus tour of the sites, at 1:00 P.M. LOCAL TIME on the 20th day of August, 2003, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the County has deemed the pre -bid to be Mandatory, the Bidder's failure to attend the pre -bid conference shall result in the resection of his bid. Y_ Sealed envelopes containing bids shall be marked or endorsed "Proposal for County Water -Sewer District, Collier County, Florida, Reuse Water System Service Connections, Phase 2, for the Collier County Wastewater Department, County Bid No.03 -3560, and Bid Date of September 4, 2003 ". No bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents. The Bid Schedule (WS -P -1 through WS -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 Public Utilities Engineering Department, 3301 Tamiami Trail East, Naples FL 34112, or at the Purchasing Department, Purchasing Building, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $75.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is non - refundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F. W. Dodge Company 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 WS -PN -1 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in I �L& less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to 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 one hundred twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 4th day of August, 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, NAPLES, FLORIDA Stephen Y. Carnell Purchasing Director WS -PN -2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 16C5'' 1.1 The term "Owner" used herein refers to the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District 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 "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 4 1.5 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 WS- P-1 through WS -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, 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. WS-113-1 Section 3. Bid Deposit Requirements 16- C 5 11 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the Bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) 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 one hundred twenty (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 one hundred twenty (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 Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 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, his signature shall be inscribed. WS -IB -2 16C5 " 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting his Bid, that he has received all addenda issued and he shall acknowledge same in his Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is mandatory. In instances were the County has deemed the pre -bid to be mandatory, the Bidder's failure to attend the pre -bid conference shall result in the resection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting his Bid, each Bidder certifies that he has: a. Examined all Bidding Documents thoroughly; WS -I B -3 ION b. Visited the site to become familiar with local conditions that may in y =fn affe 0 5' 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 his 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 his Bid, each Bidder shall, at his own expense, make such additional surveys and investigations as may be necessary to determine his 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 set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation 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. WS-1134 16C5 Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding 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 he is aware of his statutory responsibilities for sales tax under Chapter 212, Florida Statutes. 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 he is aware of his responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act', Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. `° WS -1 B -5 16C5'� Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000 -58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. WS -IB -6 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION DATE: August 28, 2003 16C5 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732 -2667 FAX (239) 732 -0844 http://co.collier.fl.us ADDENDUM TO: Interested Bidders FROM: Lyn M. Wood, C.P.M. _) Purchasing Agent SUBJECT: Addendum # 2 — Bid #03- 3560- "Reuse Water System Service Connections, Phase 2" Addendum #2 covers the following change for the above - referenced Bid: — Change: The bid due date from September 4, 2003 to September 10, 2003. 1. Page WS -PN -1, Legal Notice, shall be corrected pursuant to the attached document. N 2. Specifications, Section 16850 Section 1.02 (G) shall be amended to include Sterling Controls as a pre - qualified system — integrator. Add to the end of the Section: 3. Sterling Controls, North Fort Myers Fl. 239 - 731 -6167 3. Drawings, Sheets 5 -9, 11 Mechanical float valve at sites will remain in place. The hydraulic lines connecting the float valve to the existing pressure sustaining valve will be re- routed to the proposed pressure sustaining valve. Page 1 16C5 4. Drawings, Sheet 1 E2 The drawing is revised to indicate that the existing level transducer at Pelican Bay will be tied in to the control circuitry for the motor operated valve and the pressure sustaining valve. See attached revised drawing. 5. Drawings, Sheet 7E1 Note 4 is revised. Point of service will be transformer approximately 350 feet south of electrical control panel. Note 10 is revised to read: "Dedicated space for existing telemetry cabinet." No tie -ins are required from the Valve Control Cabinet to the telemetry cabinet. Add Note: "Existing Solenoid Valve Control Cabinet to remain." Add Note: "Proposed cabinets and electrical equipment to be mounted on existing electrical frame." See attached revised drawing. 6. General The level transducers do not need to be calibrated or set point adjusted after installation. They will be calibrated and set in another contract during the installation of the telemetry panels. 7. Pre -bid sign -in sheets are included in this package. If you require additional information please call Ron Dillard, P.E., Public Utilities Engineering Department at 239/530 -5338 or me at 239/732- 2667or by e-mail at Lyn Wood _colliergov.net. cc: Ron Dillard, P.E., PLIED Mike Clough, Hole, Montes Page 2 16 5 #2 PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY WATER - SEWER DISTRICT COLLIER COUNTY, FLORIDA Reuse Water System Service Connections, Phase 2 COUNTY BID NO. 03 -3560 Separate sealed proposals for the construction of Expansion to 24.1 MGD Sellds Reuse Water System Service Connections, Phase 2, 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 4th day of September, 2003, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. — A mandatory pre -bid conference shall be held at the Purchasing Department, Naples, Florida,and will include a bus tour of the sites, at 1:00 P.M. LOCAL TIME on the 20th day of August, 2003, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the County has deemed the pre -bid to be Mandatory, the Bidder's failure to attend the pre -bid conference shall result in the rejection of his bid. Sealed envelopes containing bids shall be marked or endorsed "Proposal for County Water -Sewer District, Collier County, Florida, Reuse Water System Service Connections, Phase 2, for the Collier County Wastewater Department, County Bid No.03 -3560, and Bid Date of September 4, 2003 ". No — bid shall be considered unless it is made on the Bid Proposal which is included in the Bidding Documents. The Bid Schedule (WS -P -1 through WS -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 Public Utilities Engineering Department, 3301 Tamiami Trail East, Naples FL 34112, or at the Purchasing Department, Purchasing Building, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $75.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is non - refundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F. W. Dodge Company 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 WS -PN -1 16C5 dIPZ�H(M �G"� 95MFRP_ff MANDATORY PRE -BID CONFERENCE BID NO. 03 -3560 "Reuse Water System Service Connections, Phase 2" 1:00 pm ON August 21, 2003 PURCHASING DEPARTMENT CONFERENCE ROOM AT FAQF' PR TNT Name: 'roan 1-1 ti GK Name: �1 G. 4 SL 16" Company: Company: V+ � .1A xy� ► �S Tit[.. Comp tJkKl7�� L�vTra�- /ZlJL� //VC r Mailing Address: - A0►►Am1 -r�a,L �,. sr�, . Mailing Address: LS-12-1 CA -�eLL.� brZt Ut Sul -�2 City, State: n1A,P,, fv Zip: 34\N-7., City, State: L Zi :U /O Telephone: (2--39 ) -i - 3130 Telephone: (Z ) -- Zo 0 Fax Number: (23aj ) '%'i . 4-46, Fax Number: (-Z-; _ 7,0 Email Address: Ut�ii�� ,�, Email Address: =f'dr- G , USA•, Cb FA Name: c // !� Name: t f Com any: Company: Company: Mailing Address: 0a O�o,•d GR,► Mailing Address: s w►�i City, State: A) Telephone: ( ) City, State: N&OLrzs Zip: Telephone: ( 9 ? 3 /- ` 8 Q fl Telephone: (Z ) 47 Fax Number: &*'/fo Fax Number: Email Address: Email Address: �Z 60 Name: �--- N-. Name: Company: J Y Company: Mailing Address: �%/ 0 &t.�t ¢ s � Z__ 4' Mailing Address: City, State: Ala /a- % Zip: City, State: Zip: Tele one ( 3 -�1- -- i/.' 4—j Telephone: ( ) Fax Number: (2- ) 6 3 -- t Fax Number: ( ) Email Address: /\( -1-- Email Address: i Name: Name: Company: Company: Mailing Address: Mailing Address: City, State: Zip: City, State: Zip: Telephone: ( Tele hone: ( ) Fax Number: ( ) Fax Number: ( ) Email Address: Email Address: Z u f[EMPIRgE QtMF%�ff 16C5 MANDATORY PRE -BID CONFERENCE BID NO. 03 -3560 "Reuse Water System Service Connections, Phase 2" 1:00 pm ON August 21, 2003 PURCHASING DEPARTMENT CONFERENCE ROOM PLEASE PRINT Name: Name: Company: ® Com a n Y ' ; 1 s4w y e S c� � c: Mailing Address;. 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Wood, C.P.M. Purchasing Agent SUBJECT: Addendum #1 - Bid #03 -3560- "Reuse Water Systems Service Connections, Phase 2" Addendum #1 covers the following change for the above - referenced Bid: Change: The pre -bid date from August 20, 2003 to August 21, 2003 If you require additional information please call Ron Dillard, Public Utilities Engineering Department at 239/530 -5338 or me at 239/732- 2667or by e-mail at LynWoodCcr,.colliergov. net. cc: Ron Dillard, PUED Michael R. Clough, Hole Montes BID PROPOSAL COLLIER COUNTY WATER -SEWER DISTRICT COLLIER COUNTY, FLORIDA 16 C5'1 Reuse Water System Service Connections, Phase 2 Bid No. 03 -3560 Full Name of Bidder Douglas N. Higgins, Inc. Main Business Address 2887 Tamiami Trail East Suite 1, Naples, Florida 34112 Place of Business State Contractor's License # Telephone No. Naples, Florida CGC060189 239 - 774 -3130 Fax No. 239- 774 -4266 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (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 he 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 L A 1# o 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 he 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. WS -P -1 COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPT. C 5 REUSE WATER SYSTEM SERVICE CONNECTIONS — PHASE 2 Bid No. 03 -3560 BID SCHEDULE Item Description Unit Quantit y Price Al. Lely Community Development District Reuse Water Service Connection - Mechanical 1 LS $ 42,000.00 B 1. Lely Community Development District Reuse Water Service Connection - Electrical 1 LS $ 21, 000.00 A2. Lely Flamingo Reuse Water Service Connection - Mechanical 1 LS $ 44,000.00 B2. Lely Flamingo Reuse Water Service Connection — Electrical 1 LS $ 33.000.00 A3. Lely Mustang Reuse Water Service Connection - Mechanical 1 LS $ 36,000.00 B3. Lely Mustang Reuse Water Service Connection - Electrical 1 LS $ 27,000.00 A4. Imperial Clubhouse Reuse Water Service Connection - Mechanical 1 LS $ 41,000.00 B4. Imperial Clubhouse Reuse Water Service Connection - Electrical 1 LS $ 24,000.00 A5. Imperial Golf Course Blvd. Reuse Water Service Connection — Mechanical 1 LS $ 41,000.00 B5. Imperial Golf Course Blvd. Reuse Water Service Connection — Electrical 1 LS $ 36,000.00 A6. Pelican Bay Reuse Water Service Connection— Mechanical 1 LS $ 33,000.00 B6. Pelican Bay Reuse Water Service Connection— Electrical 1 LS $ 27,000.00 A7. Eagle Lakes Reuse Water Service Connection — Mechanical 1 LS $ 147,000.00 B7. Eagle Lakes Reuse Water Service Connection— Electrical 1 LS $ 25,000.00 TOTAL PRICE (In Words and Numbers dollars and no cents $ 577,000.00 WS -P -2 MATERIAL MANUFACTURERS 16C5"01 The Bidder is required to state below, material manufacturers he 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 1. Strainers 2. Horizontal Propellar Meters 3. Back Pressure Sustaining Valves MANUFACTURER Hayward Water Specialties Ames 4. ._ 5. 6. Dated September 4, 2003 DOUGLAS N. HIGGINS, INC. Bidder r By: 71 _ Dani I N. Higgins, Vice President WS -P -3 16C5 A�l 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 noncompliant and or non - qualified subcontractors in his /her bid offer. Further, the County may direct the bidder /contractor to remove /replace subcontractor that is found to be noncompliant 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. 1 Subcontractor and address Florida Contractor's Video Tampa, Florida 2. Collier Fence Naples, Florida 3 Service Painting Naples, Florida 4. 5. 6. 7. TrWIRGEN Class of Work to be performed Construction Video Fencing Painting na ic;i AS N t- LOOIN,S, INC Bidder By: /V WS -P-4 Daniel N. Higgins, Vice President STATEMENT OF EXPERIENCE OF BIDDER 26 C5 The Bidder is required to state below what work of similar magnitude is a judge of his experience, skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference See Attached 2. 3. 4. 5. 6. 7. -- 8. Dated SPntPmhPr 4, 2003 DOUGLAS N. HIGGINS, INC. Bidder By: l� WS -P -5 Daniel N. Higgins, Vice President Project: Owner: Contract Amount: Completion Date: Project: Owner: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Amount: _. Completion Date: Project: DOUGLAS N. HIGGINS, INC. EXPERIENCE STATEMENT 16C5 FLORIDA PROJECTS Robert Gabriel Apartments — Site "A ", Site "B" and Site "C" The Housing Authority of the City of Key West DNH Project #777 -02 The Housing Authority of the City of Key West $270,500.00 November 2002 Naval Air Station — Replace Sewer — Trumbo Point — NAF, Key West Contract N62467 -01 -X -0387 DNH Project #880 -01 U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 $1,859,155.00 November 2002 Sanibel Sewer System Expansion Project Phase 2B DNH Project #1200 -01 City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 City of Sanibel Utilities Department 800 Dunlop Road Sanibel, FL 33957 $4,572,036.97 October 2002 Sanitary Sewer Rehabilitation for Service District F & G DNH Project #1125 -00 Owner: City of Key West 525 Angela Street 14 16C5 Key West, FL 33040 David Fernandez (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: July 7, 2000 Contract Amount: $6,994,597.15 Project Description: Installed approximately, 23,550 L.F. of 8 ", 1,870 L.F. of 10 ", 1,625 L.F. of 12 ", 2,325 L.F. of 15" and 45 L.F. of 20" of sanitary sewer and related appurtenances. Completion Date October 2002 Project: Naval Air Station — Lift Station Transmitter System- Sigsbee Park — NAS, Key West Contract N62467 -01 -C -2766 DNH Project #880 -01 Owner: U.S. Department of the Navy P.O. Box 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 Contract Amount: $529,514.50 _~ Completion Date: September 2002 Project: Interior Electric Renovation at East Martello Tower Monroe County, FL DNH Project #840 -02 Owner: Monroe County, Florida Contract Date: August 21, 2002 Contract Amount: $69,000.00 Completion Date: September 2002 Project: Naval Air Station — Replace Sewer — Truman Annex — NAS, Key West Contract N62467 -01 -X -0370 °° DNH Project #825 -01 Owner: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project: Owner: m General Contractor: Contract Amount: Completion Date: U.S. Department of the Navy P.O. BQx 9018 NAF, Key West, FL 33040 Jeannette Sweeting, Supervisor Contract Specialist (305) 293 -2841 $1,276,321.00 August 2002 Irrigation Upgrades for Naples Memorial Gardens DNH Project #810 -02 Naples Memorial Gardens Conestoga- Rovers & Associates March 11, 2002 $167,326.75 August 2002 16C5'' Construction of S.R. 45 (US41) from Gulf Dr. to Immokalee Road (CR846) and from Immokalee Road to CR887. Naples, Florida DNH Project #975 -00 Florida Department of Transportation APAC- Florida, Inc. 14299 Alico Road Fort Myers, FL 33913 $1,604,968.50 May 2002 Project: Limestone Creek Phase II -A -- Palm Beach County, Florida DNH Project #980 -01 Owner: Palm Beach County, Florida Engineering Services Division Office 160 Australian Avenue, Suite #503 West Palm Beach, FL 33406 Contract Date: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Project Description: Completion Date: Project: Owner: Contract Date: Contract Amount: — Completion Date: Project: Owner: Contract Amount – Completion Date: Charles Rich, P.E. April 17, 2001 $436.658.70 April 2002 16C5"% 44 Sanitary Sewer Rehabilitation for Service District C DNH Project #1025 -99 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 January 5, 2000 $6,291,463.36 Installed approximately 425 L.F. of 6 ", 25,050 L.F. of 8 ", 425 L.F. of 10 ", 1,700 L.F. of 12 ", 400 L.F. of 15" and 1,350 L.F. of 20" of sanitary sewer and related appurtenances. March 2002 Waterworks Improvements – Port Royal Pump Station Project #2000.003 DNH Project #1070 -00 City of Naples, Florida 735 Eighth Street South Naples, FL 34102 September 6, 2000 $1,851,352.02 March 2002 Potholes for 10" Water Main Marco Island, Collier County DNH Project #1220 -02 Florida Water Services 4110 Center Pointe Drive, Suite 204 Fort Myers, FL 33916 Joe Zawacki (941) 278 -5050 $7,800.00 March 2002 Project Description: Located 24 Potholes for 10" WM from Lime Plant to Old Marco Lane 16C5 Project: Henderson Creek Interconnect Marco Island, Collier County DNH Project #1200 -01 Owner: Florida Water Services 1000 Color Place ` Apopka, FL 32703 Jan Spry (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 -- (407) 880 -0058 Contract Amount: $77,000.00 `W Completion Date: February 2002 -- Project: City of Key West - General Lateral Services Contract 2001 -2002 DNH Project 1325 -01 Owner: City of Key West, Florida 1400 Venetian Drive Key West, FL 33040 Charles Stepheson Contract Date: 2001 -02 Contract Amount: Various Dollar Amounts for Individual Projects Project: Seawall Replacement Marco Island, WWTP, Collier County DNH Project #1210 -01 Owner: Florida Water Services 1000 Color Place Apopka, FL 32703 - Jan Spry (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: Completion Date: Project Description: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project Description: Project: Owner: Engineer: Contract Date: Contract Amount: $156,950.00 December 2001 Replace Seawall at Marco Island WWTP City of Key West Pump Station A Rehabilitation and Force Main DNH Project #01 -1225 City of Key West 525 Angela Street Key West, FL 33040 David Fernandez (305) 292 -5600 Allen Perez, P.E. (305) 292 -0642 March 23, 2001 $941,759.00 December 2001 Everglades City- Pleasure Island DNH Project #700 -01 City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936 -4003 16C5 " $296,831.25 October 2001 Installed 16 Simplex Grinder Pump Stations, 2,566 L.F. of 1 -1/2 ". and 2" Force Main, 1,806 L.F. of Water Main and other related appurtenances. Everglades City- Public Works Storage Building DNH Project #710 -01 City of Everglades City, Florida 207 Broadway Everglades, FL 34139 Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936 -4003 January 12, 2001 $110,560.00 - Completion Date: Project: Owner: _ Contract Date: Contract Amount: Project Description: Completion Date: Project: Owner: Engineer: Contract Date: Contract Amount: Completion Date: Project: Owner: General Contractor: Contract Amount: Completion Date: Project Description: June 2001 16C5 Collier County — Goodland Culvert Improvement Purchase Order #007281 DNH Project #760 -01 Collier County Government Board of County Commissioners P.O. Box 413016 Naples, FL 34101 -3016 September 16, 2000 $178,000.00 Install (4) Reclaimed Water Motor Operated Valves at the South County Water Reclamation Facility. May 2001 Basin VI Drainage Improvements Project #6680 -24619 DNH Project #970 -00 City of Naples, Florida 735 Eighth Street South Naples, FL 34102 Camp Dresser & McKee November 24, 1999 $3,111,455.00 Spring 2001 Indigo Lakes Collier County, Florida Subcontractor to Guyman Contraction DNH Project #1000 -00 Collier County, Florida GUYMAN Construction 5686 Youngquist Road Fort Myers, FL 33912 $37,939.00 November 2000 Installed 1,036 LF of 18" RCP and 35 LF of 42" RCP, 1 Lift Station Wetwell and Valve Vault, 446 LF of 8" SDR and related appurtenances. Project: Clam Bay Interior Channel Construction Phase II DNH #790 -00 16C5 DNH Project #925 -99 Owner: Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Contact: Kyle Lucas Contract Date: May 2000 Contract Amount: $99,703.07 Completion Date: October 2000 Project Description: Dug Channels in Clam Bay to nourish cypress trees Contract Date: March 31, 1999 Project: Marco Shores Reclaimed Line Relocation Completion Date: DNH Project #990 -00 Owner: Florida Water Services Project: 1000 Color Place Apopka, FL 32703 (407) 880 -0058 Engineer: Florida Water Services P.O. Box 609520 Orlando, FL 32860 (407) 880 -0058 Contract Amount: $81,940.00 Completion Date: August 2000 Project: Flagler Interceptor, Phase II Sanitary Sewer Rehabilitation DNH Project #925 -99 Owner: City of Key West 525 Angela Street Key West, FL 33040 Ed Doty (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: March 31, 1999 Contract Amount: $5,114,565.16 Completion Date: June 2000 Project: Hideaway Beach T -Groin Construction Project #80221- Bid 00 -3033 DNH #750 -00 Owner: Collier County Water -Sewer District 3301 East Tamiami Trail 16C5 Naples,_FL 34112 Harry Huber (239) 774 -8425 Engineer: Hole, Montes & Associates, Inc. 715 10h Street South Naples, FL 34102 (239) 262 -4225 Contract Date: September 28, 1999 Contract Amount: $129,550.00 Completion Date: June 2000 _. Project: Naples Beach Rock Removal Collier County Contract No. 99 -2995 DNH Project #995 -00 Owner: Collier County Office of Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Contact: Harry Huber (239) 774 -8192 Engineer: Coastal Engineering Contract Date: February 1, 2000 Contract Amount: $184,605.00 Completion Date: March 1, 2000 Project Description: Remove rocks from Naples Beach up to 200 LF offshore. Project: Low - Pressure Wastewater Collection System -Phase 1 Everglades City DNH Project #700 -98 Owner: City of Everglades City, Florida 207 Broadway - Everglades, FL 34139 Engineer: Anchor Engineering Consultants, Inc. 1520 Royal Palm Square Boulevard, Suite 200 Fort Myers, FL 33919 Contact: Richard Lewis Phone: (941) 936 -4003 Contract Date: January 13, 1999 Contract Amount: $489,963.42 Completion Date: October 1999 Project Description: Installed 65 Simplex Grinder Pump Stations, 1 Duplex Grinder Pump Station, 6,750 L.F. of 1- 1/2 "., 2" and 3" Force Main and other related appurtenances. Project: Sewer and Water System Improvements — Hilton Haven Sewer and Water Main Extensions P.S. S DNH Project #915 -98 Owner: City of Key West 525 Angela Street Project: Key West, FL 33040 . Ed Doty (305) 292 -5600 Engineer: CH2M Hill 3011 S.W. Williston Road — Gainesville, FL 32608 -3928 Walter Schwarz (954) 426 -4008 Contract Date: December 16, 1998 Contract Amount: $1,054,397.11 Completion Date: July 1999 Joe Castronovo (352) 335 -7991 Project: Collier County Annual Contract Contract Amount: Installation and Relocation of above ground meter assemblies Completion Date: DNH Project #730 -99 Owner: Collier County Government 3301 E. Tamiami Trail — Naples, FL 34112 Ronald Dillard (239) 774 -8192 Contract Amount: $850,000.00 Completion Date: 2000 Engineer: Federal Department of Transportation Project: Sanitary Sewer Rehabilitation for Service District E . DNH Project #895 -98 Owner: City of Key West 525 Angela Street — Key West, FL 33040 Ed Doty (305) 292 -5600 Engineer: C112M Hill 3011 S.W. Williston Road Gainesville, FL 32608 -3928 Joe Castronovo (352) 335 -7991 Contract Date: March 12, 1998 Contract Amount: $1,814,092.85 Completion Date: June 1998 Project Description: Replace 15,700 L.F. of Sanitary Sewer, new manholes, and sanitary sewer service laterals. -- Project: Removal of Debris on the Atlantic Ocean side of Grassy Key F.D.O.T. #6006 DNH Project #1500 -98 - Owner: U.S. Government, Federal Department of Transportation Engineer: Federal Department of Transportation Contract Amount: $ 813,958.00 1609 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, Chapter 553, Part Vl, Florida Statutes. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure Quanti Cost Cost (Description) (LF,SY) 1 Sloping LF 300 $ 3.00 $ 900.00 2. 3. �. 4. 5. 6. Total $ 900.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated September 4, 2003 DOUGLAS N. HIGGINS, INC. Bidder By: N Daniel N. Higgins, Vice President LYY - Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within 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 ($ 5el0 ) is to become he property of the Owne it n 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 ninety (90) 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 one hundred twenty (120) consecutive calendar days, computed by excluding the commencement date and including the last day of such period. Respectfully Submitted: State of av) County of in being first duly sworn on oath deposes and says that the Bidder on tAeabove Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. % Q 01-61 /V . 0 i2a I OS , also deposes and says that he has examined and carefully preparedAW 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. WS -P -7 16C5 (a) Corporation The Bidder is a corporation organized and existing under the, laws of the State of Ili Gin , which operates under the legal name of t?0118105 Al. AQQ 10c, '34-Y . , and the full names of its officers are as follows: President boa (us N %h Co S Secretary SOZIAYlY1GQ INk�✓ Treasurer snavwe C7UtVVkP�V Manager and it doe or (does not) have a corporate seal. The name .D j'I 1 is authorized to sign construction proposals and contracts for the company by a n of its Board of Directors taken M61 V 16,, 20 a certified copy of which is hereto attached (strike out this la 4t sentence if not applicable). (b) Co- Partnership __ The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: — (c) Individual The Bidder is an individual whose full name is — if operating under a trade name, said trade name is Dated legal entity WS -P -8 and KZUVAL Wat c Witness —/� 24W:i� , Witness STATE OF MIChdOX _ COUNTY OF Vii (A/ 1505 By: Dou (a s /U. h- r�s Name f Bidder (typedy Si nature/Title )5 ►TI ,Ct N. l�irn V +v -Presid"tt [Corporate Seal] The fore oing instrument was acknowledged before me this ` -41 day of (nW'f' , 2003, by 0 , as I Pas( Pall of Do u!Q I a s a d- )JOW _ corporation, on behalf of the corporation. He /she is' rsonally known to me or has produced as identification and did (di no take an oath. My Commission Expires: 3-7-0-5 (AFFIX OFFICIAL SEAL) (Signature of Notary) R. SUZANNE HAWKER Name: Notary Public_ wachron -qw Col.*) M! (Legibly PrinteMY Commic5ior ?rims Mar. 7, 2005 Notary Public, State of AAVI&A / Commission No.:. WS -P -9 16C5'" CERTIFICATE OF SECRETARY The undersigned, being the duly elected secretary of Douglas N. Higgins, Inc., a Michigan corporation, hereby certifies that the following resolution was duly adopted by the Board of Directors of said corporation at a meeting held on May 15, 2003 and that said resolution is in full force and effect: -- "RESOLVED, That the following listed persons are hereby authorized to execute, on behalf of Douglas N. Higgins, Inc., any and all contracts and documents." Douglas N. Higgins -- Daniel N. Higgins William D. Higgins Kevin E. Schwiderson James H. Sweet Kelly A. Wilkie Kaw _ XX R. Suza ne Hawker Secretary Dated: May 15, 2003 BID BOND C 5 KNOW ALL MEN BY THESE PRESENTS, that we .DMlas N. 1GG ►►'�5 � C (herein after called the'Principal) and '`"tf� rf A461d.ei+ t J TTJYJ&u do. (herein called the Surety), a corporation chartered and existing under the laws of the IState of CT with its principal offices in the city of Hartford, CT and authorized to do business in the State of Florida are held and firmly bound unto the Board of county Commissioners Collier county, Florida (hereinafter called the Owner, in the full and just sum of WPa to ed bld 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: Reuse Water System Service Connections, Phase 2 Bid No. 03 -3560 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100 %) Percent of the total Contract price each in a 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. WS -P -10 1 6 IN TESTIMONY Thereof, the Principal and Surety have caused these present to be duly signed and sealed this 1101 day of September , 2003. H1 !n ilk 5 . J�)C Principal By: - v " (Seal) E;`,tfcrd Accident Iad pity Co. F.O. Box 3001 Troy, MI 48007 Surety 3 Dome (Seal) Florida Residaut Agent Michael Bonet Countersigned ktA - "D in & company Local Resident Producing Agent for Hartford Agri ggt t jpdom ... a@ P.O. Box 3001 Troy, MCI 40007 Q00 -87: 836 -- WS -P -11 Direct Inquiries /Claims THE HARTFORD B 6 05 OND, T-4 POWER OF ATTORNEY 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 calf: 888- 266 -3488 or fax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: ___ Agency Code: 35- 350851 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana OHartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana -- Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a cotporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make. constitute and appoint, up to the amount of unlimited Dan Hines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, MI 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(ies) only as delineated above by ®, 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, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm T that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. `� �f� a i9 0 T ,t�lOpZ • ��,•nawur ot. ;,! rf %i„wowout� \y.. �»:,ti:,.�2,, - �JW.tu �a J�+A.... k��l • 1� ^•.~ +IiMO +�, r.oia�;/� ,s�'� Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President STATE 0 F CONN ECTICUT Ss, Hartford COUNTY OF HARTFORD On this 251h day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. rte' Y .�_., fr:r'7` ✓J Scott P.. Paseka Notary Pnbk CERTIFICATE My Commission Expires October 31, 2007 i, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of September 04, 2003 Signed and sealed at the City of Hartford. . t f�aaroa,..; :YtAO.Ahd IGB7 i .�\. Rrl nttt i • AES11tME j�:o 1P"9 T 4 a pS�1C 7 a %� ". 1974 :� "-�.�.L:1...t: 71 � .......it • 'h, 41.ItylS 9t4 ,..�,IiJN�' • �itra,F;zr � AAA A • 1 +Yyt,rM �� ,. J l Yves Cantin, Assistant Vice President POA 2003 Obligee'sllnsured's Name Obligee'slinsured's Mailing Address Bond/Policy Number IMPORTANT NOTICE TO OBLIGEES /POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond /policy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond /policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily - established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond /policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond /policy, there is no premium for the coverage. Terrorism premium: 1 $0 Form B- 3333 -0 Page 1 of 1 © 2002, The Hartford a THIS SHEET MUST BE SIGNED BY VEND J6 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST I M P O R T A N T: 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. 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. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Board of County Commissioners Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: aBid Number; <*Project Name; r=>Opening Date. 12. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Daniel N. Higgins N m Vice President fig nat e & Title September 4, 2003 Date WS -P -12 � I , 5 .� CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Ex- Officio the Governing Board of the Collier County Water -Sewer District ( "Owner "), hereby contracts with Douglas N. Higgins, Inc. ( "Contractor ") of 2887 Tamiami Trail East, Suite 1, Naples, Florida 34112 a Michigan corporation, to perform all work ( "Work ") in connection with Reuse Water System Service Connections, Phase 2, Bid No. 03 -3560 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, Inc. the Engineer and/or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: five hundred seventy seven thousand dollars and zero cents ($577,000.00) WS -CA -1 Section 4. Bonds. rN5 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 of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by _ Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within ninety (90) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within one hundred twenty (120) calendar days from the Commencement Date (herein "Contract Time "). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the number of calendar days for substantial completion established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, eight hundred sixty -four dollars and thirty -two cents ($864.32) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of four hundred thirty -two dollars and sixteen cents ($432.16), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is achieved. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, WS -CA -2 16C - ' which the parties agree represents a fair and reasonable estimate of the Owner's actual amages at the time of contracting if Contractor fails to substantially or finally complete the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of eight hundred sixty -four dollars and thirty -two cents ($864.32) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the Contractor, or in the case of his default, the surety, shall pay the sum of four hundred thirty -two dollars and sixteen cents ($432.16) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. WS -CA -3 14 16C5 I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: 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 H2: Maintenance of Traffic Policy (MOT) 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 Hole Montes, Inc. and identified as follows: Reuse Water System Service Connections, Phase 2 as shown on Plan Sheets 1 through 13, 1 E1 through 1 E7, 2E1, 3E1, 4E1, 5E1, 6E1, 7E1 and 8E1. Section 7. Notices. A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Ronald F. Dillard, P.E., Senior Project Manager Collier County Public Utilities Engineering Department 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239 - 530 -5338 Facsimile: 239 -530 -5378 Email: ronalddillard @colliergov.net WS -CA -4 16C5 " B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Daniel N. Higgins, Vice President Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite 1 Naples, Florida 34112 Telephone: 239 - 774 -3130 Facsimile: 239- 774 -4266 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. WS -CA -5 16C5 " Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. WS -CA -6 16 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: FA 9T WITNESS / eII Uh. Wilklle., Typ /Print Name SE ND WITNESS R. YU2,441NC- PdwkEf�- Type /Print Name Date: 11-6-C3 ATTEST: s Dwibht E. Brock, Cie Attest as to laairwofls signaturr only. Approved As To Form and L I Sufficiency: - is -Y L�L- Robert Zachary Assistant County Attorney CONTRACTOR: Douglas N. Higgins, Inc. By: I� Type /Print Name and titLAJ Affix the "(Corporate Seal}" OR type /print "(Corporate Seal)" •1► C BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT IF 118 . Tom ,-1e ning,- Chaif . n °a f WS -CA -7 0 EXHIBIT A PUBLIC PAYMENT BOND Reuse Water System Service Connections, Phase 2 16C5," CONTRACT NO. 03 -3560 BOND NO. 1 cs ck y4 q- Douglas N. miggins, Lnc. 3390 Travis Pointe Road KNOW ALL MEN BY THESE PRESENTS: That Ann Arbor, xi 481 08 as Principal, and P.O. sox 3001 , as Surety, located at Troy, M1 48097 (Business Address) are held and firmly bound to c.Li, e d� M�ss,�,s as Obligee in the sum of - /d: ($ for the payment whereof wb bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.,�� WHEREAS, Principal has entered into a contract d9ited as of the i9 �'' day of 2003, with Obligee for �t iJ 3 SS�u �ikak c xY-►z- �ysT Av �^� �` S (�4 � 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 is 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 2-Sh' day of ✓1 �-- , 2003, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. WS- CA -A -1 Signed, sealed and delivered in the presence of: Witnesses4as to Principal Name: STATE OF M1GPI o-VI. COUNTY OF 16C5 " PRINCIPAL: Dougiae N. gigging, 3no. 3390 Travis Pointe Rosd Ann Arbor, M1 48108 By: — 114 N* AC10105, Its: VI ce - Pits 14 t- The foregoing instrument was acknowledged before me this 2.!Nay of NOV2ML -2e-f 2003 . as iaen My Commission ppiresR• SUZANNE HAWKER 4ai ry Public, �Nashtenaw. Coun My rom;sso a tY, MI NAME (AFFIX OFFICIAL SEAL) ATTEST • of �1oc_ril corporation, on behalf of known to me OR has produced take an oath. (Signature 6f Notary) R . SUzanh6 E-k (Legibly Printed) Notary Public, State of _/7l16hi q a�l Commission No. SURETY: Hartford accident i d zp -j P.O. Box 3001 --. Troy, 7ZIs�o9° ®7 (Printed Name) (Business Address) U/Z�C�' (Authorized S' ature Vicki P. Gardner Attomev -an-tact (Printed Name) WS- CA -A -2 165 -• As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF AA COUNTY OF t4JTUT -ate The forego* g instrument was acknowledged before me thisT day of voJ - , 2003, by - v ;�'�. G��- as ArYd2nleY �,. - -- of T ►�Y 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: NCTARv PUTIc (S natur of Notary) Judy V. ` a Name: 3-ta D Y MACkLE M My Commission Lx. iires: I Oil 8/2004 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of M )o q I G= x Commission No.: WS- CA -A -3 EXHIBIT A 5 "of PUBLIC PERFORMANCE BOND Reuse Water System Service Connections, Phase 2 BOND NO. 3acsc1��(G2 CONTRACT 03 -3560 Lougias N. Higgins, 3390 Travis Pointe KNOW ALL MEN BY THESE PRESENTS: That Ann Arbor. IU 48ioe as Principal, and -o Box 3001 , as Surety, located at Troy, X1 48007 � (Business Address) are held and firmly b Qrwk� C4waas Obligee in the sum of Se'(�•� /,�;, ($ ��'t� u.�a. uL ) for the payment whereof we bond ourselves, 6ur heirs, executors, personal representatives, successors and assigns, jointly and severally cAIJA� WHEREAS, Principal has entered into a contract dated as of the day of - 2003, with Obligee for # 03 35(a IkaS:, 2 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 Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; 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. WS- CA -A -1 a 16C5 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 thereunder, 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 Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 2 5 day of VlaJlh— �-- , 2003, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: WitAess6d as to Principal STATE OF l C1. l C�,J!1 COUNTY OF V va. ii kmko PRINCIPAL: Douglas V. Biggins, IM. 3390 Travis Pointe Road Ann Arbor, KI 48108 By: 7J k It, Name: r} Its: ° -P �v► The foregoing instrument was acknowledged before me this 2-5Hq day of NDY lie:' , 2003, by , N. %,,l , as j/r - Y-'re.g c d of �- of DoU o las tv . ,v� S, 'jyir, _ a corporation, on behalf of the corporation.- H.�Jshe is pers'ohally known to me OR has p as identification and did (did not take an oath. WS- CA -A -2a My Commission Expires: — 31710-5 5 11 (Signature of tary) R. SUZANNE HAWKER Name: Notary Public, (Le f F1P nt Expires Mar. 7, 2005 (AFFIX OFFICIAL SEAL) Notary Public, State of C/l-/6&IV Commission No. ATTEST: SURETYHartford Accident & rte, P.O. Box 3001 Troy, M1 48007 800 - 872 -8303 (Printed Name) Witn ss as to Surety Witnesses •- (Business Address) .� ! 1�v (Authorized Signature) icki P. Gardner (Printed Name) As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) WS- CA -A -3a J" STATE OF �- COUNTY OF Ltanau The foregoing in ument was acknowledged before me thi 2003, b V k, f ry• Ajot- , ill a £ �T� c-'s. . Surety, ,personally known to me O has produced identification and who did (did not) take an oath. My Commission Expires: [elm 16C5 S 2 5TM day of _ho,�,�ri.b_,� as A:-ad � � f of behalf of Surety. He /She is as N0ifiFiYPu. :� (J ($ignature of Notary) Judy E +� Washt r, � Lk D Y 1� . M A- r✓ k L E M tisycor�r,i= �,o:.E �� ,� ;.T Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ZI /G 14 / 6 A- A-) Commission No.: WS- CA -A-4a 1 it 6E 5FORD Claims to: BOND, T-4 - POWER OF ATTORNEY 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888- 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851 Hartford Fire Insurance Company, a corporation duly organized Linder the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana -- O Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited: Dan Nines, Stephen Dobson, Vicki P. Gardner of Ann Arbor, M1 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(ies) only as delineated above by ®, 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, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �si�.tY i•q, t><°�� ,«A+it� „'r. c�to""°„4 j°a �M°.r �`sr°..f rrtr�a r••UrM► k 1670 t ty79 ro 1979 'i ♦ ' R4y= 4'3�n4�T0 JyrA..�.' +�� • �•r' tl •�ru�'�t�LpM� � QC � f Paul A. Bergenholtz, Assistant Secretary Colleen Mastroianni, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her name thereto by like authority. •� * Scott E. Paseka Notary Public -- CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, 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 still in full force effective as of November 25, 2003 Signed and sealed at the City of Hartford. ��,,l10•yy '.Kf..rn.rr.�� f 19 0 t �+��,!, :! � } °r � �t1^� �F .Ra r°,nr, r,cv +, ^ r•✓•IAt�' to 70 107 �'�rj �*orr °`.''`\'n'.� '�'autsa +• 'J��rr . Ft� 4~ • 'y"a.” att. � +5' ''r; `•n ` ^ '`a'�:�rt'uq�' Yves Cantin, Assistant Vice President — POA 2003 Obligee'sllnsured's Name Obligee's /Insured's Mailing Address 35BCSCK8462 Bond /Policy Number IMPORTANT NOTICE TO OBLIGEESIPOLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond /policy. However, the actual coverage provided by your bond /policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond /policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond /policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily- established deductible paid by sureties /insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond /policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B- 3333 -0 Page 1 of 1 © 2002, The Hartford —�—am;Kxrehc, 24, 2003m10:52AMAgenrD0UGLAS HIGGINS 239 774 4266! 44037w ,P. 2 /2Page:2of2 �5 DaTS (MMIDDiYYYY) ACID CERTIFICATE OF LIABILITY INSURANCE xICISR KC 12/ODN" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dobsoa Mcomber Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 1348 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 N. Main Street ALTER THE COVERAGE AFFORDED BY THI' POLICIES BELOW. Ann Arbor MI 48106 -1348 Phoae:734- 741 -0044 Fax:734-741-90S9 INSURERS AFFORDING COVERAGE NAIC9 INSURM INSURERA: Cantinental Casualtx 20443 INSURER B: Transportation Ins. Co. Douglas N, Higgins, Inc. INSURER C: Valley Forge Ins. Co. 20508 3390 Travis Pointe, Suite A INSURER D: AAA Arbor MI 48108 INSURER E: COVERAGES TIC= POLICIES OF INSURANCE USTE)O BELOW HAVE DEIGN ISSUED TO THE INSURED NAMED ABOVE FOR THE PRICY PERIOD INDICATED. NOTWITHSTPNDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHFR DOCLAIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BF ISSUED OR MAY PERTAIN, 1H1-- INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CAMS. qw LTR S TYPE OF INSURANCE POLICY NUMeIRR DATE (WOF- 1 DATE (MMMONY LIMITS GENERAL LIABILITY EACH OCCURRENCE 81,000,000 A X X COMMERCIAL GENERALL.IABILITY 1,161922047 12/10/03 12/10/04 PREMISES(EDacarence 610D,DDD CLAIMS MADE FR-1 OCCUR 6 10, D D 0 MED EXP (fury one person) t Includes XCU PERSONAL $ADV INJURY s 1, 000 , 000 X Contractual Liab GENERAL AGGREGATE $2,000,000 GEN- AGGREGATE LIMIT APKIES PER PRODUCTS - COMPfOP AGG ✓P 2 , 000 , 000 POLICY X LOC AUTOMOSH E UABIU7Y COMBINED SINGLE LIMIT $1,000,000 X A ANY AUTO LIS1922033 12/10/03 12/10/04 (Eq eccidenp BODILY INJURY i ALL OWNED AUTOS SCHEDULED AUTOS (Parparson) X BODILY INJURY S HIRED AUTOS X NON -OWNED AUTOS (peraWdenp L PROPERTY DAMAGE $ (Per aecidenU GARAGE UABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S R AP.Y AUTO S AUTO ON -Y: AGG EX0E89AJMMAMLA LIA8ILRY EACH OCCURRENCE $10,000,000 B X OCCUR ❑ cLAIMSMADE L161922050 12/10/03 12/10/04 AGGREGATE $ 10,000,000 $ I_ S 0 DEDUCTIVE RETFNTION 6:10, 0 0 0 s WORKERS COMPENSATION AND X TORY OMITS ER C ANYPRORS'LIABam ANY PROPRIE'TDRIPARTNER/EXECLfITVE WC161922016 12/10/03 12/10/04 E.L. EACH ACCIDENT $500,000 .,..� °FFICEWMEMBEREXCLUDED) WC179237344 12/10/03 12/10/04 E.L. DISEASE - EA EMPLOYEE S 500,000 If yoz, describe Calder SPFCtAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 5 S 0 0 , 0 0 0 OTHER -'4 Limited Work Site L191922047 12/10/03 12/10/04 1,000,000 Pollution Liab -iS RIPTLON OF OPERATIONS / LOCATIONS I VEMCLES I EXCLUSIONS ADDED BY ENDORBOMENT / SPECIAL PROVISIONS re: Reuse Water system Services Connections Phase II dditional Insured on General Liability: Board of County Commissioners, ollier County ERTIFICATE HOLDER CANCELLATION Collier county Board of County Commissioners Purchasing Dept 3301 East Tamiami Trail Naples FL 34112 COLLI -1 SHOULD ANY OF THE ABOVE DERCMIM-1) POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHERBOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO 7HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENT'S OR REPRESENTATIVES. QACORD CORPORATION 1988 EXHIBIT B,� INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage 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 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 required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Contractor for such coverage purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (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 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. WS- CA -B -1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILI 6C5 �„ Required by this Agreement? (check one) 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 (check one) $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 COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) 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 WS- CA -B -2 16C5 Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: (check one) 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. (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 WS- CA -B -3 PROPERTY INSURANCE - BUILDERS RISK 16 C5 (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. (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 C or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. WS- CA -B-4 AUTOMOBILE LIABILITY INSURANCE 16C5 Required by this Agreement? (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor /Consultant/ Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/Professional and, if so, such policy may be in addition to and in excess of Employers' Liability, Commercial General Liability and Automobile Liability and Professional Liability coverage required herein and shall include all coverage 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. WS- CA -B -5 EXHIBIT C 16C5 � :.iV 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 its 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, Ex- Officio the Governing Board of the Collier County Water -Sewer District ( "Owner ") relating in any way to the performance of the Agreement between Contractor and Owner, dated , 20 , 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. Witnesses Its: CONTRACTOR: Date: WS- CA -C -1 President [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me thi: 2003, by , as ,a the corporation. He /she is personally known not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) to 1�C 5"1 _ day of of _ corporation, on behalf of me or has produced as identification and did (did (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: WS- CA -C -2 EXHIBIT D 16C5 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) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) -- Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date % Less Retainage % Total earned Less Retainage Less previous payment (s) LESS AMOUNT DUE FOR LIQUIDATED DAMAGES AMOUNT DUE THIS APPLICATION: E $ $ 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: WS- CA -D -1 (Signature) DATE: (Type Name and Title) 0 G c 0 U Q W E z F ro a ❑ n. a, F U N .O a` W Q _Z Q F- W cr- WS U� Z gE: m0 �— FW z W W Ma W0 a0 U ❑0 W LU Uj H J w F Oa 00 ~0w 0.6 cn ❑ J W Q oa ❑ T O W W F a. LU U) a O U O 0 J 3 a ¢ LIJ CL ❑ W J W ❑ J W Q S � U U) z O CL U W ❑ LU c LU m M z N i i U Ch EXHIBIT E 16 05 CHANGE ORDER TO: FROM: Collier County Government Project Name: — Construction Agreement Dated: Bid No.: Change Order No.: Date: — Change Order Description: Original agreement amount ................................. ..............................$ Sum of previous change orders amount .............. ..............................$ This Change Order Amount ................................. ..............................$ Revised Agreement Amount ................................ ............................... $ Original contract time in calendar days ................... ............................... Adjusted number of calendar days due to previous change orders ......... This change order adjusted time is ........................... ............................... Revised Contract Time in calendar days .................. ............................... Original Notice to Proceed date ............................... ............................... Completion date based on original contract time ......................... Revised completion date ............................... ............................... 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 this 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. Prepared by: Date: PLIED Project Manager Recommended by: Date: Design Professional WS- CA -E -1 Accepted by: Approved by: Authorized by: Contractor PUED Director Director Date: Date: Date: 16 C,5 ." '! (For Use by Owner: Fund: Cost Center: Object Code: Project No.: ) G:\Forms\Change Order Master.doc Revised 02/03/98 WS- CA -E -2 -- OWNER'S Project No. PROJECT: CONTRACTOR -- Contract For Contract Date EXHIBIT F 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 WS- CA -F -1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: M"1►14C. CONTRACTOR: fhe following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2003 OWNER By: Type Name and Title WS- CA -F -2 EXHIBIT G 16C5 FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 2003 -_ Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: 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: (Company Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) WS- CA -G -1 EXHIBIT H 1605 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 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; climatic conditions and seasons; physical conditions at the work -site and the — WS- CA -H -1 '11. 6 C 5 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 his /her review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93 -77, Amended by 96 -29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, except for County Holidays. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 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. WS- CA -H -2 �6 C15it 4.2. Prior to submiin its first month) A lication for Payment, Contractor shall to Project 9 Y PP 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: 4.4.1 indicate his approval of the requested payment; — 4.4.2 indicate his approval of only a portion of the requested payment, stating in writing his reasons therefore; or — 4.4.3 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, Florida Statutes 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 resubmit 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 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. WS- CA -H -3 J 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 or Owner may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections.* 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: 5.1.1 Defective Work not remedied; 5.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims; 5.1.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; 5.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; 5.1.5 Reasonable indication that the Work will not be completed within the Contract Time; 5.1.6 Unsatisfactory prosecution of the Work by the Contractor; or WS- CA -H -4 5.1.7 any other material breach of the Contract Documents. 16C5 5.2. If any conditions described in Subsection 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 unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. * that reveal non - compliance with the Contract Documents 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 the 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 thereunder 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. WS- CA -H -5 7.3. If Contractor wishes to furnish or use a substitute item of material ore ui men tr�5shall q p 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 and the Owner'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 Owner'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 and Owner. The daily log shall document all activities of contractor at the project site including, but not limited to, the following: WS- CA -H -6 8.1.1. Weather conditions showing the high and low temperatures during wo h rfti5' amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and subcontractors' personnel; 8.1.4. The number of Contractor's and subcontractors' 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 site; and 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 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. WS- CA -H -7 8.3. Contractor shall keep all records and supporting documentation which concern r G 5 the Work thereunder 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 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. 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. WS- CA -H -8 16 y e form attached as Exhibit E to this Agreement, shalsued and 10.2. A Change Order, in the g , 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 orders shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5. Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6. The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. A 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 a_ matters in question between Owner and Contractor arising out of or relating to the party making the Claim. WS- CA -H -9 1bC5 ' 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 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. WS- CA -H -10 13. INDEMNIFICATION AND INSURANCE. 16C5'° 13.1 IDEMNIFICATION. 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 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 lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.2. The Contractor's obligation to indemnify and defend the owner shall not be limited in any way -- by the agreed upon contract price as shown in this contract or the Contractor's limit of, or lack of, sufficient insurance protection. -- 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. WS- CA -H -11 16C5 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. WS- CA -H -12 18.2. Owner shall notify Contractor in writing of Contractor's de 1I wner determines that Contractor has not remedied and cured the default(s) within seven (7) calen r 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 attorney's fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorney's 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. WS- CA -H -13 19.2. Owner shall have the right to suspend all or any portions of the Work u 16,nq giv ontractor 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 entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of 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, Design Professional will make such inspection and, if he 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. 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. WS- CA -H -14 () required If uired b Owner, other data establishing payment or satisfaction of all ob ig , such as q Y oS 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 his recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2. No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the - time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 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. WS- CA -H -15 22.3. If any Work that is to be inspected, tested or approved is covered withoutivr nico urren e from the Project Manager, such work must, if requested by Project Manager, be unc vered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.4. 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 considers 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. WS- CA -H -16 16C5 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers with 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, Project Manager to exercise this right for the benefit of Contractor or any other party. 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents _ and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager, or 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 WS- CA -H -17 be responsible 6J 5 p sible to see that the finished Work complies accurately with the Con ract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2. Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, 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's or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from WS- CA -H -18 16CI�*-wr the Contract Documents have been caused thereby. If the Project Mana determines that a Y J 9 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. WS- CA -H -19 28.3. Contractor shall designate a responsible representative at the Project site v1 s d 5aA"Ilble 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. 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 are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807. Copies are available through Risk Management and/or Purchasing Departments. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this Agreement which shall take precedence over other conditions and terms of this Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Contractor: WS- CA -H -20 A. Required quantities of material. 16C5 - B. Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable C. Pricing and availability of goods and /or materials provided under Contractor's - agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. the quote provided by the vendor to the Project Manager _ reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions Unless the following items were included in , the Purchase Order shall also provide for A. Contractor shall be required to maintain records of all County- furnished materials that it incorporates into the project from the stock of County- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and /or 2. been incorporated into the project. B. Notwithstanding the transfer of County- furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County- furnished materials. C. The transfer of possession of County- furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The - County shall be considered the bailor, and the Contractor the bailee fo the County furnished materials. County- furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. The County shall purchase and maintain insurance sufficient to protect against any loss or damage to County- furnished materials. Such insurance shall cover the replacement cost of any County - furnished materials not yet incorporated into the Project during the period between the time the County first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County- furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. WS- CA -H -21 EXHIBIT H1 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES INTRODUCTION: ME 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. WS-CA-1-11-1 . 16C5 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. 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. WS-CA-111-2 No new or different claim, other than a change in the amount claimer!tl be allowed once the time and date for the hearing has been set. e. 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, the arbitrators selected may continue the matter in 7- calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48 -hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 — hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 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. WS-CA-H1-3 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 6 C 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. a. A stenographic record of any hearings by a Certified Court Reporter or.any previously recorded testimony or document prepared under oath, sucFr 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 (112) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. WS -CA -H 1-4 �6 8.2 The County shall set a time and date for the mediation within twenty -on ?�} 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 seven (7) calendar day increments. A request for a continuance must be submitted to the mediator no later than forty -eight (48) hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in twenty -four (24) hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (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 party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision - making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion __. of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. WS -CA -H 1 -5 8.12 If a partial or final agreement is reached, it. shall be reduced to writilng A13d signed by the parties and their counsel, if any. 6C5 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. WS -CA -H 1 -6 d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Ru eZediators and ~- Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the Countyfor 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. WS-CA-1-11-7 TIME CHART FOR DRP: 16 C5 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 fourteen (14) days after occurrence or Notice of Claim, (whichever is first]: The matter must be negotiated with County Staff. Within seven (7) days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within fifteen (15) Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within thirty (30) Days after Negotiations with County Staff ends or Within forty -five (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 twenty -one (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 fourteen (14) days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only twenty -four (24) hours at a time with the consent of the Arbitrators or Mediator. Within fourteen (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. WS-CA-H1-8 Claimant Vs. NOTICE OF CLAIM COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claim No. 16C5 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: WS -CA -H 1 -9 COLLIER COUNTY ALTERNATIVE DISPUTE Claimant Vs. Respondent REQUEST FOR ARBITRATION Claimant, referenced Claim. Name of Project: Date of Contract: Party Requesting Negotiation: _ Date: Received by: Date Request Received: Comments: RESOLUTION CLAIM FORM Claim No. hereby requests negotiation of the above- WS-CA-Hl-10 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claimant Vs. Respondent REQUEST FOR PRE -SUIT MEDIATION Claim No. 16C5 Claimant, , hereby requests PRE -SUIT MEDIATION of the above - referenced Claim. Name of Project: Date of Contract: Party Requesting Arbitration: Date: Received by: Date Request Received: Comments: WS- CA -H1 -11 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16C5 Claimant Vs Respondent REQUEST FOR NEGOTIATION OF CLAIM Claimant/Respondent OF THE CLAIM BY THE PARTIES. Name of Project: Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: Signed: WS-CA-Hl-12 Claim No. hereby REQUESTS NEGOTIATION EXHIBIT H2 OFFICE OF THE COUNTY ADMINISTRATOR ADMINISTRATIVE PROCEDURE _. CAA Instruction: 5807 Effective Date: March 13, 2000 (Revised: July 24th, 2001;October 1, 2001) Subject: Maintenance of Traffic (MOT) Policy 16C5 PURPOSE: The purpose of this Instruction is to assure that all work being performed in county rights -of -way is performed following both The Manual On Uniform Traffic Control Devices ( MUTCD) Standards (Current Edition) and Florida Department of Transportation (FDOT) standards (Current Edition), thus assuring a safe environment for workers, vehicular traffic and pedestrians on all county roadways, streets, bike paths and - sidewalks. Short-term projects lasting 1 hour or less, shall not be held to the same planning and procedural requirements outlined in this policy, however, they shall still be subject to all MUTCD and FDOT standards. CONCEPT: This policy shall apply to all work performed in Collier County rights -of -way, including that performed by contractors working for the county, contractors working for developers, utility companies (including work performed by their personnel or sub - contractors) and all county work forces within each department of each division. Both departmental requirements (internal) as well as contractor (external) requirements are outlined in this policy. A copy of this policy shall be attached to all Right -of -Way Permits issued by Collier County's Planning Services Department or Collier County's Transportation Department and maintained with such permits, by the contractor for compliance documentation. This instruction references MUTCD Section VI and the 600 Series of the Florida Department of Transportation Roadway & Traffic Design Standards. It shall be the sole responsibility of each contractor or department to be familiar and understand the MUTCD and FDOT Standards, including any and all changes, updates or revisions made to these instructions. GENERAL DEFINITIONS: Certified Work Zone Employee — Means any employee, who by acceptable certification, has obtained the knowledge, competency, has the experience and holds responsibility for developing and /or ensuring the proper setup of the Maintenance of Traffic Plan or Joint Maintenance of Traffic Plan. Collier County Work Zone Safety Inspector - Shall mean any Collier County employee, who by way of training certification and knowledge of traffic safety, has been designated by Collier County's Risk Management Department as a "Work Zone Safety Inspector." — Collier County Work Zone Violation Notice — Means the Collier County form that is used to notify a contractor of violations present in a particular work zone. This form is also used for documentation purposes should it be necessary to take /defend legal action suits (See attachment # 2). WS- CA -H2 -1 Contractor — For all purposes associated with this policy, the term "contractor" shall r1r �y5d all contractors and /or their respective sub - contractors, working for Collier County, contractors working for developers, utility companies and any and all sub - contractors working for any of the above - mentioned parties. Downstream (Trailing) Contractor — Shall mean the contractor at the Terminating end of a multiple contractor work zone (MCWZ). Joint Maintenance of Traffic Plan (JMOT) — Shall be similar to the standard MOT Plan Form except that the JMOT shall clarify exact roles in the Multiple Contractor Work Zone (MCWZ), such as Upstream, Middle and Downstream contractors (See attachment # 3). Lane Closure — For all purposes associated with this policy, the term "closure" or "closures" shall refer to any closing of a Collier County Roadway, Street, sidewalk, median or bike path. Mainstream (Middle) Contractor(s) — Shall mean the contractor(s) located in between the Upstream and Downstream Contractors involved in a Multiple Contractor Work Zone (MCWZ). Maintenance of Traffic Plan (MOT Plan) — Shall mean a form used to describe, in detail the exact location, date, and setup criteria needed and used in conjunction with any "work zone" deemed necessary within a Collier County Right -of -Way (See attachment # 4). Multiple Contractor Work Zone (MCWZ) — Means any "work zone" that may require two or more contractors to work within 300 feet of one another within the same Collier County Right -of -Way. Right -of- Way(s) — Shall mean any Collier County Roadway, Median, Bike Path, Sidewalk and /or any distances from the edge of these surfaces as established by Collier County. "Shall" or "Must" — These terms, when used are defined as meaning mandatory. Upstream (Leading) Contractor — Shall mean the contractor in the leading position of the Multiple Work Zone (WZ) — For all purposes associated with this policy, the term "work zone" shall refer to the entire area from Advanced warning location to the Termination area, where any operations are being performed on any Collier County roadway, street, median, bike path, sidewalk and within the width of any right -of -way associated with such roadways or streets, regardless of distance from roadway. INSPECTION DEFINITIONS: Additional Protection Needed — The existence of any condition or practice, which could potentially cause death or serious physical harm that was not visible on the JMOT and /or MOT written plan. This requires work to be stopped, if necessary, in order to make the necessary changes to the work zone. Minor / Non - Serious — The existence of any condition or practice, which has the potential to create traffic flow problems, minor visibility issues, etc., but is not serious enough to warrant a stop work condition. WS- CA -H2 -2 16C5 - , Stop Work — Imminent Danger — The existence of any condition or practice which would reasonably be expected to cause death or serious physical harm before such condition or practice can be corrected. Work shall be completely stopped until all corrective measures have been applied. Stop Work — Noncompliance — A violation described in a notice has not been totally corrected within the noted abatement time, and the abatement time should not be extended. Work shall be - completely stopped until all necessary corrections have been made. All other related definitions may be found in Part VI of the MUTCD A. General Safety Requirements (Internal and External): 1. In addition to the safety requirements provided within this policy, each contractor /department shall have sole responsibility to follow all OSHA construction regulations. These regulations can be found in OSHA 29 CFR 1926. These regulations shall not be provided by Collier County and knowledge and understanding of these regulations are the responsibility of the contractor /department. EX. OSHA 29 CFR 1926.651, Subpart "P" Specific Excavation Requirements — outlines the minimum procedures required for performing trenching and excavation work in a safe manner. 2. Violations of OSHA regulations shall be documented and enforced in the same manner as violations of this policy. Failure to comply with any OSHA requirement may result in the same disciplinary action taken for a violation of this policy. B. Contractor Requirements (External): 1. Each contractor shall maintain at least one employee on -staff that has obtained a Work Zone Traffic Control Safety Certification from the International Municipal Signal Association (IMSA) or an approved, equivalent certification from the American Traffic Safety Services Association (ATSSA), the Florida Department of Transportation (FDOT) or any other agency, group or consulting firm that provides acceptable certifications in this area. Approval shall be obtained through Collier County's Risk Management Department. 2. Effective November 6, 2001 each contractor shall obtain one of the above mentioned certificates within sixty (60) days upon submission of a bid or prior to the start of any work - activity and /or Notice to Proceed, whichever is sooner. Failure to comply with this requirement may result in project shutdown, loss of contract or failure to bid any additional Collier County Projects until certification is obtained. 3. Each Contractor shall provide copies of certifications to Collier County's Risk management Department for documentation purposes. This file shall be evaluated for adequate certifications prior to any contract being awarded. A complete copy of the Collier County revised MOT Policy is available from Risk management at (941) 774 -8461. Risk Management Fax #: 941- 774 -8048 Aft: Safety Engineer WS- CA -H2 -3 16C5 4. Maintenance of traffic Policy Review shall be held during the initial pre- construction meeting in order to answer any questions that may arise regarding the policy. These meetings shall be coordinated through Collier County's Project Management, however, it is ultimately the contractor's responsibility to make sure all questions and concerns are addressed. 5. The contractor shall submit a Maintenance of Traffic (MOT) plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path or sidewalk. The MOT Plan must be signed by the contractor's certified "work zone" employee and submitted to Collier County's Risk management Department before any work begins. A copy of the MOT Plan must also be kept at the work location at all times. 6. Where permits are required to be obtained through Collier County's Planning Services Department or Collier County's Transportation Operations Department, copies of the MOT Plan must also be submitted to said department at the time of initial permit request. Planning Services Fax #: 941 - 643 -6968 Trans. Operations Fax #: 941 - 659 -5787 Aft: Right -of -Way Permitting Aft: Right -of -Way Superintendent 7. In the event that the MOT plan changes during the project, documentation of the change(s) shall be made by the contractor's certified Work Zone Safety Inspector on the on -site MOT plan. The contractor is not required to forward the changes to the MOT plan to Collier County Risk management, Planning Services, Transportation Operations or their representatives. However, the contractor will be required to show changes on the written MOT plan and present them upon request. 8. The contractor must ensure that all their employees and sub - contracted employees have knowledge and have proven to be competent in setting up work zones when the Contractor's certified Work Zone Safety Inspector will not be immediately available. 9. Emergency work that is being performed by a contractor will not require the contractor to submit a MOT plan. However, the contractor must comply with all training and work zone setup requirements as previously described 10.All signs shown on the MOT shall comply with the current MUTCD — Part VI or the 600 Series of Florida Department of Transportation Design Standards. 11.All aspects of the current MUTCD — Part VI and /or FDOT 600 series shall be strictly followed and enforced at all times. 12. High - Visibility vests or clothing with retro - reflectorized striping must be worn at all times by all employees working within Collier County Rights -of Way. This includes personnel that may visit the "work zone" temporarily, such as management and /or vendors. 13. Every attempt shall be made to avoid road closures: Where it is not possible to completely avoid road closures, the following procedures shall be followed: WS- CA -H2 -4 16C5' a. The contractor shall notify Collier County Risk Management and the Transportation Division's Community Liaison. Collier County will assist in the public notification of said lane closures, however, it is ultimately the contractor's responsibility to ensure that all necessary parties have been informed. No lane closures will be permitted between the hours of 7:00 — 9:00 A.M. and between 3:30 P.M. and 6:30 P.M. Emergency closures do not fall under these requirements. If a closure is absolutely necessary during the times listed above, written permission must be obtained through Collier County's Risk Management Department and /or the Transportation Operations Director prior to closing any lane. b. The contractor must also notify Collier County's Emergency Services Division or any of the below listed agencies, when, the road closure may cut off a standard route used by Fire, EMS, Police or other emergency agencies. The contractor shall also make the appropriate notifications when closures may affect schools, residents or businesses. C. Such notifications must be made at least 5 working days prior to the start of construction or as soon as possible in the event of an emergency. Notification of project termination shall also be made to above - mentioned parties as soon as the project is completed. d. Road closures must be limited, if possible, to single lane closures with traffic controlled by flaggers, temporary traffic lighting or other approved means of traffic control. _ e. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five - minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGGING METHODS. f. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minute durations, provisions must be made to maintain access to all developed properties, businesses, etc. Access may be granted by properly signed and /or marked detours or other approved methods. g. The contractor shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and /or other means of maintaining access, temporary signage and markings that will be used, and any other information deemed necessary by Collier County Risk Management, the Transportation Operations Director or an appointed designee. The MOT Plan for road closures shall be submitted to respective parties at least five business days prior to each separate road closure. No road closures, other than for an emergency, are authorized without the prior approval of Collier Countv Risk Management. the Transportation Operations Director or an appointed designee. h. If immediate road closure is necessary to safeguard life and/or public or private property, prior approval will NOT be required. However, notification to Collier County WS- CA -H2 -5 16C5 "" i. Risk Management, the Transportation Operations Director or an appointed designee shall be made as soon as practicable (within 1 hour), as long as the notification effort does not compromise the primary efforts to safeguard life and/or property. Upon request from Collier County Risk Management, the contractor shall provide MOT Plans at any time during the project in the event that the approved MOT plan is not being followed, the contractor must immediately eliminate all deficiencies. Failure to comply may result in project shutdown until all deficiencies are corrected and will be determined according to the hazards that are presented and their potential effect on public safety. C. Multiple Contractor Work Zones (MCWZ): This section has been added to eliminate the confusion involved in multiple contractor "work zones" which normally would require each separate contractor to provide appropriate signage and tapering for each individual "work zone ". All contractors' and their respective sub - contractor's must follow this section when they meet the requirements listed below. 1. Where two or more contractors may be required to work within the same work zone or within 300 feet or less of each other, the following criteria must be met in order to maintain an easily understood, easily navigated, highly visible "work zone ". a. A "Joint MOT Plan" (JMOT) shall be developed by all affected parties in order to meet the requirements of this section. b. The JMOT shall define which contractor has the responsibility of controlling the "Upstream" or "Leading" section of the MCWZ, who the "mainstream" or "Middle" contractor(s) is and who has responsibility for maintaining the "Downstream" or "Trailing" section of the MCWZ. 2. Contractors may determine, organize and /or coordinate the responsibilities, monetary issues and /or any other pertinent issues related to the MCWZ by any means necessary and as agreed upon by all parties involved, however, the following criteria shall be met: a. The "Upstream" or "Lead" contractor shall always have ultimate responsibility for maintaining all necessary advanced warning signage, message boards, tapering and /or any other requirements deemed necessary by the JMOT. b. Any "Mainstream" (middle) or "Downstream" (trailing) contractor has the right to request additional advanced warning, tapering or other safety related devices be put into place should, at any time, such contractor feel and show due cause that they or their employees, any pedestrians or vehicular traffic are being placed in harms way due to the existing setup. WS- CA -H2 -6 .. C. Should such a request be made and deemed necessary, all contractors 1 sh l -- responsibility as described in this section (B)(2). Revisions /additions to the MC shall be noted on the JMOT. These revisions are not required to be forwarded to Collier County Risk management or the Transportation Operations Director. 3. Should a contractor in the "upstream" (leading) section of the MCWZ complete their scope of work and desire to withdraw from the MCWZ, said contractor shall notify all other contractors in the MCWZ and provide adequate time for the NEW "Upstream" contractor to set up. The original "Upstream" contractor shall not withdraw from the project until all necessary safeguards are in place to warrant such a withdrawal. 4. Once a contractor has withdrawn from the MCWZ and has done so in accordance with the requirements set forth above, said contractor no longer has any responsibility for maintaining any portion of the MCWZ. D. Collier County Departmental Requirements (Internal): _- 1. Each department must develop an MOT Plan for any project involving work or activity that may affect traffic on any County street, roadway, median, bike path, or sidewalk, and obtain approval prior to the start of the project from their department's Work Zone Certified Employee. Risk management shall also be notified of the lane closure. 2. Should any changes to the MOT occur during any phase of the project, a revised MOT plan shall be immediately developed and initialed by the department's Certified Work Zone Employee. 3. All signs shown on the MOT plan must comply with the current MUTCD — Part VI or the 600 series of the Florida Department of Transportation Design Standards. 4. All aspects of the MUTCD — Part VI shall be strictly followed and enforced at all times. All signs and barricades requiring lights shall have them attached and in good working order. 5. Every attempt must be made to avoid road closures: Where it is not possible to completely avoid complete road closures, the following procedures shall be followed: a. If the Transportation Operations Director, or an authorized designee authorizes the road closure, the department involved shall notify the Sheriff's Dispatch by calling 793- 9300. Dispatch will notify all necessary organizations. b. Road closures shall be limited, if possible, to single lane closures with traffic controlled by flaggers. - C. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five - minute durations (e.g., to accommodate necessary equipment operations), flaggers shall be used to control traffic as necessary. - ALL FLAGGERS SHALL BE PROPERLY TRAINED IN FLAGING METHODS. WS- CA -H2 -7 d. If the work cannot be performed without closing all traffic lanes for pel ccl than five (5) minutes at a time, provisions must be made to maintain access to all developed properties. Access may be by properly signed and /or marked detours or other approved methods. e. The department's Certified Work Zone Employee shall prepare a detailed MOT Plan where road closures are proposed. The detailed MOT plans must show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signing and marking that will be used, and any other information deemed necessary by the Risk Management Department, the Transportation Operations Director or an approved designee. If immediate road closure is necessary to safeguard life and /or public or private property, prior approval will NOT be required. However, notification to Risk Management, the Transportation Operations Director or an approved designee shall be made as soon as possible, as long as the notification effort does not compromise the efforts to safeguard life and/or property. 6. Every department that has a contractor working for their department must assign a Contractor Administrator to approve all MOT Plans submitted to them by the contractors. All Contract Administrators must be Work Zone Certified or have MOT Plans approved by a Work Zone Certified County employee. The Contract Administrator and/or the Work Zone Certified County employee shall audit the contractor on a routine basis documenting their audits to assure contractor compliance. E. Work Zone Inspections: (Internal and External): Work Zone inspections will be conducted on a routine basis by "Collier County Work Zone Safety Inspectors ". These inspections shall be documented on a Collier County Work Zone Violation Notice Form and placed in the respective external contractor's Collier County Department file. These files shall be maintained by Collier County's Risk Management Department. Copies shall be issued to the contractor and to Collier County's Risk Management Department. 2. Inspections will be performed based on the individual inspector's judgment of existing or potential hazards associated with the "work zone" in question. All inspections shall be conducted according to the following criteria: a. Inspectors will locate the individual in charge of the project in question. Inspectors shall present proper identification (Collier County work Zone Safety Inspector ID), review the MOT or JMOT, inform the contractor(s) of the existing and /or potential hazards and ask for immediate correction. If equipment and tools are not available to the contractor to immediately correct existing and/or potential hazards, the project must be shut down until corrections can be made. If project shutdown poses a WS- CA -H2 -8 6 7 9 reater threat to public safety, the inspector shall notify the Collier CouY eriffs department and request traffic control assistance until the contractor provides corrective measurement. The contractor shall be responsible for any expense associated with traffic control assistance that is provided by the sheriff's department. b. Situations where a language barrier exists or where "competent" supervision is not available shall mandate notification to the contractor's home office. Immediate contractor representation will be requested at this time. The contractor's failure to provide immediate representation will result in immediate project shutdown until representation is provided and deficiencies corrected. C. Inspectors may request that additional traffic control devices be added to the work zone based on the existing and/or potential hazards. Additional requests for traffic control shall only be made where situations exist that may be deemed too hazardous to be controlled using the minimum requirements as stated in the current edition of the MUTCD and /or 600 series of the FDOT indexes. d. The inspector shall remain on location until deficiencies are corrected or until the inspector feels that the work zone is safe. Upon complete correction of the existing and /or potential hazards, a copy of the inspection form must be given to the contractor for their files. 3. Should a contractor /department feel the inspector has made requests that are not warranted and /or if it is felt that the proposed existing and /or potential hazards do not exist; the following requirements shall be met: a. The inspector shall immediately contact Collier County's Risk Management Department - and request a site visit. Should a member of Risk Management not be available, the contractor must make the minimum necessary corrections, as requested. b. The objections, described in detail, will be noted on the inspection form and shall be submitted to Risk Management for review. However, if the objection to the inspector's request are an obvious attempt to stall the corrective process and/or hazards are blatantly obvious to the inspector, the contractor must make all requested corrections and any objections noted on the inspection form. C. Should such objections occur, the contractor /department may request a formal meeting with Collier County's Risk Management Department to discuss and address any _ concerns. This meeting shall not allow exemption to the contractor /department from any additional work zone safety issues that may have arisen during or after the objections in question. d. Objections to additional work zone safety issues that presented themselves at other locations and/or times, shall be handled on an individual basis unless it is deemed necessary to handle all of the issues at the present time. WS- CA -H2 -9 e. Risk Management's decision for corrective action, based on the existing and /or potential work zone hazards, shall be final. 16C5 4. Contractor /de artment work zone files will be maintained in Collier County's Risk Contractor/department v Management office. These files shall be inspected monthly for compliance. Contractors /departments with multiple "negative" inspection reports shall be contacted by Risk Management and a mandatory review meeting will be scheduled. Failure to attend this meeting may result in loss of additional contracts and /or notification to directors and administrators of existing problems. Review meetings will be conducted as follows: a. Review meetings will address the number of negative inspections, existing and /or potential hazards that existed during each inspection, if corrective actions were made in a timely manner, reasons for the continued lack of compliance and potential disciplinary action to be taken by Risk Management and /or Collier County. b. Review meetings will be conducted on an individual basis with the contractor or department in question and limited to representatives from Risk Management and the contractor or Collier County Department specified representatives. 5. Inspection files shall be archived on a yearly (calendar year) basis and each contractor /department will have a new inspection record started for each new year. However, past negative inspections may be used in cases where extreme hazards and or multiple negative inspections have existed and shall be referenced when disciplinary measures are needed. 6. It is the sole responsibility or each individual contractor /department to maintain work zone inspection files and remain aware of any negative inspections received. Should a contractor or department need additional copies of inspection reports, it shall be the contractor /department's responsibility to contact Collier County Risk Management and request the reports. Lack of knowledge of an inspection report does not exempt any contractor or department from any potential disciplinary action, therefore, all employees should be advised to submit any inspection reports that are received to the appropriate individual(s). WS- CA -H2 -10 16C 5 A TTA CHMEN T # 1 CONTACT/EMERGENCY PHONE NUMBERS WS-CA-H2-11 COLLIER COUNTY GOVERNMENT CONTACT/EMERGENCY NUMBIRf-) C5` Department Contact Daytime # Weekday Pager # Weekend Pager # Fax # EMERGENCY # Sheriff's Office Dispatch 941- 793 -9300 941 - 793 -9300 Road & Bride 941 - 774 -8924 941 - 774 -8925 941- 982 -0348 941 - 982 -8234 941 - 774 -6406 Eve: 941 -598 -3125 Day: 941- 774 -8494 Wastewater Collections 941 -591 -0186 941 - 825 -0341 Water Distribution 941 - 775 -2007 941 - 982 -2215 941- 732 -2558 Traffic Signals 941 - 774 -8260 941- 982 -3446 941 - 659 -5787 Traffic Signs 941 - 2774227 Risk Management 941 - 774 -8283 941 - 774 -8048 941 - 253 -0921 Planning Services 941 -403 -2300 941- 643 -6968 Purchasing 941 - 774 -8407 941- 732 -0844 Community Liaison 941 -774 -8365 941- 774 -8271 941 - 774 -8192 Transportation Director Cell: 941 -743- 0103 Day: 941 - 774 -8494 Eve: 941 -598 -3123 WS- CA -H2 -12 16C5 ATTACHMENT # 2 VIOLATION NOTICE WS-CA-H2-13 COLLIER COUNTY WORK ZONE SAFETY VIOLATION NOTICE 16C5 Contractor: Date & Time: Inspector Name & ID #: Permit #: T ite Inspection #: Location: Superintendent/Foreman/Project mgr. Type of Violation Stop Work — Imminent Danger ❑ Stop Work — Noncompliance ❑ Add. Protection Needed ❑ Other ❑ Specific Violation JMOT or MOT Form available for review? CA: Yes / No Adequate Advanced warning Signage? CA: Yes / No Adequate Channelization Devices? CA: Yes / No Adequate Detours provided? CA: Yes / No Has the JMOT / MOT been accepted? Yes / No CA: Adequate Lane Taper developed? Yes / No CA: Flaggers available/ adequate? Yes / No CA: Necessary PPE Provided? Yes / No CA: Additional Violations Add. Violation: Add. Violation: CA: CA: Add. Violation: Add. Violation: CA: CA: Standard/ Regulation Source FDOT / MUTCD ❑ Collier County ❑ OSHA ❑ Inspector Signature Site Representative Signature WS- CA -H2 -14 16C514 ATTACHMENT # 3 JOINT MAINTENANCE OF TRAFFIC PLAN (JMOT) WS- CA -H2 -15 JMOT PLAN 16C5 PERMIT # This form Must be used as part of a joint traffic control plan in Collier County Work Zones. Place diagram of "Work Zone" on the back of this form or reference blueprint #. LOCATION: SCOPE OF WORK: Date: UPSTREAM CONTRACTOR: MIDDLE CONTRACTOR: TELEPHONE #: TELEPHONE: WZ EMPLOYEE: WZ EMPLOYEE: SUPERVISOR: SUPERVISOR: MIDDLE CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: START TIME: END TIME DOWNSTREAM CONTRACTOR: TELEPHONE #: WZ EMPLOYEE: SUPERVISOR: AM or PM DAY: AM or PM DAY: SHERIFF'S DEPARTMENT ON SITE: YES or NO # OF LANES SHUT DOWN: FROM: ACCEPTED BY: POSTED SPEED LIMIT: LANE WIDTH: FIRE DEPARTMENT ON SITE: YES or NO DATE: HAS ADVANCED WARNING SIGNAGE BEEN PLACED YES or NO HAS AN ADEQUATE TAPER BEEN DEVELOPED YES or NO LENGTH: TYPE OF CHANNELIZATION DEVICES USED: CONES or BARRICADES or DRUMS # USED: IS THE AREA ILLUMINATED FOR NIGHT WORK: YES or NO IF NOT, ARE THE DEVICES REFLECTORIZED: YES or NO ARROW BOARD REQUIRED: YES or NO LOCATION(S): VARIABLE MESSAGE BOARD REQUIRED: YES or NO LOCATION(S): FLAGMEN REQUIRED: YES or NO IF SO, HOW MANY: HAS ALL NECESSARY PPE BEEN PROVIDED TO WORKERS: YES or NO IS A DETOUR NECESSARY: YES or NO IF SO, LIST ROUTES: ACCEPTED BY: DATE: WS- CA -H2 -16 16C5 ATTACHMENT # 4 MAINTENENANCE OF TRAFFIC PLAN (MOT) WS-CA-H2-17 16 C 5 40, MOT PLAN PERMIT # This form must be used as part of a traffic control plan for Collier County Work Zones. Place a diagram of the "Work Zone" on the back of this form or reference work -site blueprint #. LOCATION: SCOPE OF WORK: COMPANY: ADDRESS & TELEPHONE #: NAME OF SUPERVISORICREW LEADER START TIME: END TIME AM or PM DAY: AM or PM DAY: SHERIFF'S DEPARTMENT ON SITE: YES or NO WORK ZONE CERTIFIED PERSON: # OF LANES SHUT DOWN: FROM: ACCEPTED BY: POSTED SPEED LIMIT: LANE WIDTH: DATE FIRE DEPARTMENT ON SITE: YES or NO DATE: HAS ADEQUATE ADVANCED WARNING SIGNAGE BEEN PLACED YES or NO HAS AN ADEQUATE TAPER BEEN DEVELOPED YES or NO LENGTH: TYPE OF CHANNELIZATION DEVICES USED: CONES / BARRICADES / DRUMS # USED: IS THE AREA ILLUMINATED FOR NIGHT WORK: YES / NO ARE DEVICES REFLECTORIZED: YES or NO ARROW BOARD REQUIRED: YES or NO LOCATION: VARIABLE MESSAGE SIGNS REQUIRED: YES / NO LOCATION: _ FLAGMEN REQUIRED: YES or NO IF SO, HOW MANY: HAS ALL NECESSARY PPE BEEN PROVIDED TO WORKERS: YES or NO IS A DETOUR NECESSARY: YES or NO IF SO, LIST ROUTES: ACCEPTED BY: DATE: WS- CA -H2 -18 16C5"' ATTACHEMENT # 5 RIGHT-OF-WAY, JMOT & MOT SUBMITTAL PROCESS CHECKLIST WS-CA-H2-19 RIGHT —OF —WAY PERMIT, JMOT & MOTa r 5" 4q SUBMITTAL PROCESS CHECKLIST This checklist shall be used as a guide to aid contractors in the submittal of MOT and JMOT plans to the respective departments for approval, prior to commencement of work activities. This checklist is designed to help contractors and Collier County departments in their approval process and is to be used as a guide only. It is the contractor's responsibility to obtain all other necessary permits and certifications as other departments or agencies may require them. All permit application processes shall follow Collier County Ordinance # 93 -64. If a conflict exists between the ordinance and the checklist below, the ordinance shall take precedence. Contractor Requirements 1. Ensure that Risk Management has a copy of the contractor's current "Work Zone" Certified employee ❑ 2. Apply for all necessary Federal, State and Local permits prior to applying for a Right -of -Way permit (3 copies). ❑ 3. Submit Site Development Plans (SDP) to the Transportation Operations Department for review (3 Copies). ❑ 4. Include the JMOT or MOT Plan Forms along with the above - mentioned submittals (3 copies). ❑ 5. All necessary fees have been paid to the appropriate Collier County Department. ❑ Collier County Requirements The contractor shall ensure that the below listed criteria has been prior to the commencement of work. 6. Collier County has reviewed the Site Development Plan (SDP) and has accepted and returned the SDP to the contractor. 7. Collier County has reviewed and accepted the JMOT or MOT Plan forms and have returned them to the contractor. 8. A Notice -to- Proceed has been issued to the contractor. Once all of the items listed above have been addressed and checked off, the contractor in question is free to begin work according to their SDP and JMOT or MOT Plan. WS— CA -1-12 -20 L U :. t ATTACHEMENT # 6 PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST WS- CA -H2 -21 PLANNING SERVICES SUBMITTAL PROCESS CHECKLIST This checklist shall be used as a guide to aid contractors in the submittal of design plans to the Planning Services Department for approval, prior to commencement of work activities. This checklist is designed to help contractors and Collier County departments in their approval process and is to be used as a guide only. It is the contractor's responsibility to obtain all other necessary permits and certifications as they may be required by other departments or agencies. All permit application processes shall follow Collier County Ordinance # 93 -64. If a conflict exists between the ordinance and the checklist below, the ordinance shall take precedence. Contractor Requirements 1. Ensure that Risk Management has a copy of the contractor's current "Work Zone" Certified employee ❑ 2. Apply for all necessary permits at Community Development prior to applying for a Right -of -Way permit (3 copies). ❑ 3. Submit Site Development Plans (SDP) to the Transportation Operations Department for review (3 Copies). ❑ 4. Include the JMOT or MOT Plan Forms along with the above - mentioned submittals (3 copies). ❑ 5. All necessary fees have been paid to the appropriate Collier County Department. ❑ Collier County Requirements The contractor shall ensure that the below listed criteria has been prior to the commencement of work. 6. Collier County has reviewed the Site Development Plan (SDP) and has accepted and returned the SDP to the contractor. ❑ 7. Collier County has reviewed and accepted the JMOT or MOT Plan forms and have returned them to the contractor. ❑ 8. A Notice -to- Proceed has been issued to the contractor. ❑ Once all of the items listed above have been addressed and checked off, the contractor in question is free to begin work according to their SDP and JMOT or MOT Plan. WS- CA -112 -22 EXHIBIT 1 16C5 SUPPLEMENTAL TERMS AND CONDITIONS 1. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program /Risk Management Program; f. Quality Assurance /Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. _ 3. 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. 4. LAYOUT OF WORK Adequate vertical and horizontal control shall be provided by the Project Manager to facilitate the proper layout of the work. The Contractor shall preserve all reference points and benchmarks furnished. In the event control points are -- disturbed, either willfully or through carelessness, the Contractor shall cause the control points to be replaced at no cost to the Owner. The Contractor shall carefully compare all lines and levels given on the plans WS- CA -1 -1 16C5 with existing lines and levels and shall call any discrepancy to the attention of the Project Manager, in writing, for a proper determination before proceeding with the work. The Contractor shall be responsible for the accuracy of the work and shall correct any discrepancy at no cost to the Owner. The Contractor shall utilize the services of a Professional Land Surveyor, licensed in the State of Florida, pursuant to the requirements set forth in Florida Statutes, Chapter 472, to provide adequate stakeout for the detailed work. 5. CONTRACTOR'S OFFICE The Contractor shall provide and maintain, on site and as approved by the Project Manager, an office or mobile office with telephone facilities where he or a representative of his organization may be reached at any time while work is in progress. Contractor will post and maintain in said office all permits, approved plans, specifications and Contract Documents. An automobile, pick up truck or similar vehicle equipped and staffed as specified shall be considered equivalent to a mobile office. 6. CARE OF EXISTING LANDSCAPING The Contractor shall be fully responsible for maintaining, in good condition, all cultivated grass, trees and shrubs. Where maintained grass, trees or shrubs must be removed or destroyed as a result of the construction, the Contractor shall replace or restore to the original condition all destroyed or damaged grass or landscaping after completion of the pipe installation. Tree limbs that interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with tree paint. 7. TESTING The Contractor shall pay for all testing. Generally, tests will be compaction and density tests, limerock quality tests, concrete quality tests (cylinder breaks). On asphalt, concrete and pipe, the manufacturer's or supplier's certificate that the product meets the specification requirement will be acceptable subject to the verification of the Project Manager. All test results are subject to the Project Manager's approval. No Contractor owned or operated testing laboratory will be considered "independent ". 8. SEQUENCE OF OPERATION The Contractor shall not start work that will conflict with work already in progress. The Project Manager may, however, require the Contractor to finish a section on which work is in progress prior to starting another section. 9. DRAINAGE WS- CA -1 -2 16C5 — The Contractor shall conduct his work at all times such that adequate drainage is provided and shall not interfere with or block existing drainage facilities such as gutters, ditches, storm drains or other drainage appurtenances. 10. HYDRANTS Existing fire hydrants adjacent to the project shall be kept accessible for fire apparatus at all times and no material or equipment shall be placed within 25 feet of any hydrant. 11. TRAFFIC MAINTENANCE The Contractor shall protect his work throughout its length by the erection of suitable barricades where required. He shall further protect the work by installing and maintaining flashing lights or flares along or across through- fares. Whenever public walkways are temporarily disturbed, the Contractor shall provide a suitable bypass walkway. The Contractor shall comply with all applicable laws and ordinances relating to the driving or walking public. Prior to start of construction, the Contractor shall submit five (5) copies of a Traffic Maintenance Plan for approval including but not limited to: Placement of signs Timing of phases Transitions lengths Hours of traffic interferences Contact person (24 -hour availability) The Contractor shall supply all traffic control devices and shall conduct his work, operate his equipment and place his material in such a manner as to ensure the least amount of traffic interference or obstruction as possible. The Contractor may be allowed to restrict traffic for short periods of time provided that he first contacts the Collier County Transportation Department and Florida Department of Transportation for their restrictions and also provided that adequate traffic control devices are placed in accordance with applicable County and State Laws and Ordinances. After approval from the Collier County Transportation Department and Florida Department of Transportation, and prior to any proposed closing, the Contractor shall notify Police, Fire, EMS and applicable utility companies at least 48 hours prior to the actual road closing. The Contractor shall schedule his operation such that all streets, roadways and /or driveways are usable and open to traffic at the end of each day and all WS- CA -1 -3 16C5 open cuts through paved areas shall be repaved (at least with cold patch) within 48 hours. It shall be the Contractor's responsibility to notify property owners adjacent to the work in a timely and reasonable manner when traffic on their driveway will be restricted. The cost of all traffic maintenance shall be included with the various contract items for pipelines, and no additional payment will be made therefore. 12. TRAFFIC CONTROL STANDARDS All design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits shall be as specified in the State of Florida, Manual of Traffic and Highway Construction, Maintenance and Utility Operations. The standards established in the aforementioned Manual constitute the minimum requirements for normal conditions. Additional traffic control devices, warning devices, barriers, or other safety devices shall be required where unusual, complex or particularly hazardous conditions exist. 13. WATER MANAGEMENT /EROSION CONTROL The Contractor shall exercise extreme care to minimize contamination of rainfall runoff from the site. All necessary provisions and care shall be taken to ensure compliance with the Water Quality Standards of the State of Florida, more particularly the South Florida Water Management District. The Contractor shall make himself familiar with Chapter 173, Florida Administrative Code. Compliance for protection of State Waters and /or jurisdictional areas require the use of hay bales, temporary swales, settling ponds, silt screens and other appropriate methods as necessary to prevent soils and sediment from entering such areas. Prior to commencement of work, the Contractor shall submit a plan of action and a list of materials he plans to use for sedimentation/erosion control to the Project Manager for approval. 14. PERMITS The Project Manager, with assistance from the Design Professional, shall obtain all necessary permits prior to commencement of work. The Contractor shall become totally familiar with the requirements of all permits prior to start of work. 15. COLOR AUDIO - VISUAL PRECONSTRUCTION RECORD The Contractor shall have an audio - visual tape recording taken of all sections of the route of construction deemed necessary by the Project Manger to serve as a WS- CA -1 -4 16� permanent record of preconstruction conditions. The record tape shall be submitted to the Project Manager for approval prior to commencement of construction. The construction record tape shall have been made no more than 30 calendar days prior to construction start date. The preconstruction record tape shall be taken by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. Audio -video tapes shall be new unused tapes as manufactured by Maxell or equal. The tapes shall be high grade, one half inch, high energy, extended still frame tapes capable of being played on a standard VHS, color video cassette recorder. The finished tape shall show bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or other forms or imperfection. The audio portion shall reproduce the commentary with proper volume and shall be clear and free from distortion and interruptions. The audio portion of the tape shall begin with a complete description of the beginning point of the construction scene; i.e., job name, street, direction of travel, direction of view. The video portion shall continuously show the time (hour, minute and second) and date. All taping shall be done during daylight hours with sufficient sunlight to properly illuminate the surrounding area. Taping shall not be done during inclement weather conditions. Taping on heavily traveled streets or roads may require the use of police escort at the option of the Project Manager. If police escort is required, all costs shall be borne by the Contractor. The cost of the color audio - visual preconstruction record shall be included in the appropriate contract items, and no separate payment will be made therefore. 16. WORK IN COUNTY STREETS AND HIGHWAYS All work within the Collier County Rights -of -way outside the FDOT right -of -way shall be in accordance with Ordinance #93 -64 and with the County Right -of -way -- Permit, and shall be subject to the requirements of the Collier County Development Services Division. Methods and materials of construction use in restoration within such streets and highways, including pavement, sidewalk, curb, curb and gutter removal and replacement, replacement of storm sewerage facilities, excavation and backfilling, and the storage of pipe, materials and equipment shall conform to the WS- CA -1 -5 16C5 requirements of the Collier County Development Services Division and will be subject to the inspection and approval of the duly authorized representatives of the County. Ground surfaces shall be restored by sodding immediately adjacent to existing pavement areas, around drainage structures and on ditch slopes. In other areas, restoration shall be by seeding and mulching. The cost of surface restoration shall be included in the various contract items for pipelines, and no separate payment will be made therefore. 17. WORK IN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY All work within the State of Florida Department of Transportation right -of -way shall be in accordance with the FDOT Utility Permit and shall be subject to the requirements of the Florida Department of Transportation. Clearing and grubbing shall conform to Section 110, Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Restoration shall be by seed mulch, fertilizer, sod and watering. The surface shall be prepared with material suitable to ensure plant growth and in accordance with the Florida Department of Transportation Standard Specification. Methods and materials of construction used in restoration within such streets and highways, including pavement, sidewalk, curb, curb and gutter removal and replacement, replacement of storm sewerage facilities, excavation and backfilling, and the storage of pipe, materials and equipment shall conform to the requirements of the Florida Department of Transportation and will be subject to the inspection and approval of the duly authorized representatives of the State. All jacking and boring work performed within the FDOT right -of -way shall comply with the applicable requirements of the FDOT Utility Accommodation Guide, Exhibit F, and as further specified in this Section. Each jacking and boring pavement crossing operation shall be a continuous operation, utilizing overnight work if necessary to complete the crossing. Backup equipment shall be provided on -site during the work to ensure completion in the event of equipment breakdown. Casings utilized in the jacking operation shall be a minimum of 20 feet in length. The local FDOT Maintenance Engineer shall be notified a minimum of 48 hours in advance of the jacking operation as required in the Utility Permit, and the actual crossing operation shall not begin, except as allowed by the Utility Permit, until the local Maintenance Engineer or his representative is present at the job site and agrees that proper preparations for the crossing have been made. WS- CA -1 -6 16 . , The Contractor shall provide daily clean up of all disturbed areas within the right - of -way and remove all debris to his place of disposal off -site. All grassed areas disturbed by construction operations shall be sodded. Upon completion of the work, two (2) sets of as -built plans for all work within the FDOT right -of -way shall be submitted to the FDOT Maintenance Engineer. 18. WORKING CONDITIONS The Contractor shall be responsible, in all respects, to conduct his operations in compliance with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Health and Safety Act of 1970 (PL 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91 54). 19. CONSTRUCTION OPERATIONS AND EQUIPMENT In general, the pipeline shall be laid in open cut, except when another method, such as jacking, boring or tunneling is shown on the plans, specified or directed by the Project Manager. _ The work shall be kept in a neat, graded condition to provide positive surface drainage and prevent ponding of water. When the work is halted by rain, the Contractor shall clean up and grade the work site prior to daily shutdown. Excavations shall not be left open over a weekend. Excavations shall not be left open overnight unless properly barricaded. The Contractor shall, at all times and in all respects, employ equipment adequate for all site conditions to properly perform the work as shown on the plans, specified or directed by the Project Manager. The cost of any special equipment, labor or material required to complete the work in the locations shown on the plans or specified shall be included in the unit prices in the Proposal, and no separate payment will be made therefore. END OF SECTION WS- CA -1 -7 m W. it EXHIBIT J PART (1) - TECHNICAL SPECIFICATIONS - EXCAVATION AND PIPE LAYING 1. Terminology Figure 1 shows a trench cross - section which identifies the meaning and limits of terminology used in this specification for the terms foundation, bedding, haunch ing, initial backfill, pipe embedment and pipe zone and is not intended to specify the shape of the trench. EXCA -T[Q '717NCN• V I QTN Figure F -1 C IN'L 3KKf i LL 1 •NI IAL al WXr ILL of t ..uNCrtNC �� i 1 30DING 2. Responsibility for Materials 2.1 Pipe Storage and Handling 2.1.1 The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. Satisfactory protection from damage shall be provided. 2.1.2 All pipe, fittings and accessories shall be loaded and unloaded in such manner as to avoid shock or damage. Under no circumstances shall such material be dropped. Pipe shall not be skidded or rolled against pipe already on the ground. 3. Clearing and Grubbing 3.1 Clearing and Disposition of Materials 3.1.1 Where clearing and grubbing are necessary, the Contractor shall clear and grub the entire width of the right -of -way or easement except as may be noted in the Contract Documents or designated by the County. WS- CA41 -1 07/23/03 3.1.2 Any standing timber of merchantable (saleable) quality shall be cut in 16C5 merchantable lengths and neatly stacked along the right -of -way for removal to a mill. Any credit for this timber shall accrue to the Contractor. 3.1.3 Disposition of Brush, Limbs, Stumps, Roots and Unmerchantable Timber: All items other than merchantable timber shall be disposed of by the Contractor. Placing of this material on the adjacent property will not be permitted except by permission of the adjacent property owner in writing. This written permission shall be given to the Project Manager by the Contractor prior to disposing of material in these areas. 4. Excavation 4.1 Excavation General 4.1.1 The excavation for all work included in this project is included in the cost per unit of work installed, unless otherwise stated herein, and the unit price for work includes all excavation and grading in whatever nature of material may be encountered. No additional allowance to the unit price bid by the Contractor for the project or any part thereof will be allowed on any claim for extra compensation because of excavation and/or grading being of a nature different from that contemplated by Contractor. The Contractor is charged with the responsibility of actually investigating and examining the site of the project before preparing his Bid and satisfying himself in this respect. 4.2 Pavement Cutting 4.2.1 Prior to trenching, pavement shall be cut or scored to straight edges, six inches (6 ") outside each edge of the proposed trench to avoid unnecessary damage to the remainder of the pavement. Edges of the existing pavement shall be recut and trimmed to square, straight edges after the pipe system has been installed and prior to placement of the new base and pavement. 4.3 Excavation and Preparation of Trench 4.3.1 The trench shall be dug so that the pipe can be laid to the alignment and depth required. The trench shall be braced and drained in such a manner that the work may be performed in a safe and efficient manner. WS-CA-J1-2 07/23/03 - 16 C5'" 4.3.2 The trench width shall be ample to permit the pipe to be laid and jointed properly. The minimum width of the trench shall be at least three feet, six inches (3' -6 ") or eight inches (8 ") greater than the largest outside diameter of the pipe or bell, whichever is greater. 4.4 Trench Bottom 4.4.1 The soil surface at the trench bottom shall be free of any protrusions which may cause point loading on any portion of the pipe or bell, and shall provide a firm, stable and uniform support for the pipe. 4.4.2 Over Excavation: During the course of construction, should the Contractor over excavate the trench more than six inches (6 ") (150 mm) below the bottom of the pipe, but less than twelve inches (12 ") (300 mm) below the bottom of the pipe, the Contractor shall fill that area of over excavation with acceptable USCS Class I, II or III (see Exhibit J, Part (4) Section 3 for definitions) embedment material and compact to a density approximately equal to the native soil. The Contractor shall fill any area of over excavation more than twelve inches (12 ") (300 mm) below the bottom of the pipe with USCS Class I material in the same manner as required for foundation bedding. 4.4.3 Ledge rock, hard pan, cobbles, boulders or stones larger than one and one half inches (1'/2 ") (40 mm) shall be removed from the trench bottom to permit a minimum bedding thickness of six inches (6 ") (150 mm) under pipe. 4.4.4 Foundation Bedding: Class I bedding, to a depth specified by the Project Manager, shall be required as a foundation in wet, yielding or mucky locations. Foundation bedding shall be constructed by removal of the wet, yielding or mucky material and replaced with sufficient Class I material to correct the instability. Foundation bedding, if necessary, will be paid for per ton of material used except cases where the instability is caused by negligence of the Contractor. 4.4.5 In stable trenches, trench bottom may be either native undisturbed soils of USCS Class II, III, or IV, or thoroughly compacted USCS Class I, II, or 111 material from three inches (3") to six inches (6 ") depth to provide a stable, continuous support for the pipe system. In USCS Class V soil areas, foundation bedding is required. All foundation bedding shall be USCS Class I material. In no case shall pipe be bedded on solid rock. WS-CA-J1-3 07/23/03 5. Pipe Handling 16C5'1' 5.1 Placing Pipe Material into Trench 5.1.1 Proper implements, tools and facilities satisfactory to the Project Manager shall be provided and used for the safe and convenient prosecution of the work. All pipes, fittings, valves and hydrants shall be carefully lowered into the trench piece -by- piece by means of a derrick, ropes or other suitable tools or equipment, in such a manner as to prevent damage to materials and protective coatings and linings. Under no circumstances shall pipe or other pipe materials or appurtenances be dropped or dumped into the trench. 5.1.2 Before each length of pipe is lowered into the trench, it shall be thoroughly inspected for structural soundness and cleanliness. Each length of pipe shall be lowered separately. 5.1.3 No length of pipe, which is known to be defective, shall be laid or placed in the trench. Defective pipe or fittings shall be conspicuously tagged, removed and replaced with satisfactory pipe or fittings without additional charge. 6. Laying and Joining Pipe and Fittings 6.1 General Procedure 6.1.1 Before being set in place, each component of piping shall be inspected for damage and cleaned. Damaged components shall be rejected. Pipe bells shall be laid on the upstream end. Sewer laying shall commence at the lowest elevation and shall terminate only at manholes on a gravity system, or service branches or clean outs on sewer services. Trenches shall be dewatered, as necessary. Potable water lines shall not be laid under water. Whenever pipe laying is interrupted, including lunch time, the end of the pipe shall be temporarily plugged to prevent the entrance of water, mud, animals or other foreign matter, and the pipe shall be secured to prevent its being dislodged. 6.2 Location and Alignment 6.2.1 Pipe and fittings shall be embedded in the trench with the bell end dug by hand and the invert conforming to the required elevations, slopes and alignment, and with the pipe bottom uniformly and continuously supported by a firm bedding and foundation. WS- CA41 -4 07/23/03 6.2.2 Curved Alignment: In special cases where curved alignment is required on pressure lines, the deflection of alignment at a joint shall not exceed the appropriate permissible deflection as specified in the following table. These values indicate the maximum permissible deflection for eighteen -foot (18') lengths as noted. Gravity systems shall contain no deflections. Any deflection greater than the allowable deflection shall be made with appropriate fittings. TABLE FA Pipe Deflection Allowances - Polyvinyl Chloride (PVC) Pipe Maximum Permissible Deflection, Inches Size of Pipe, Inches Push -On- Joints, Inches 4 23 6 16 8 12 10 g 12 8 WS-CA-11-5 07/23/03 TABLE F.2 Pipe Defection Allowances - Ductile Iron (DI) Pipe 16C5 Maximum Size of Joint Deflection Deflection in Inches Pipe In Degrees 18ft.Length 4 5 19 6 5 19 8 5 19 10 5 19 12 5 19 14 4 15 16 4 15 18 3 11 20 3 11 24 3 11 30 3 11 36 3 11 42 3 12* 48 3 12* 54 3 12* *20 -foot Length 6.3 Joining Pipe and Fittings 6.3.1 All joints shall be assembled in accordance with recommendations of the pipe manufacturer. 6.3.2 All joints shall be thoroughly cleaned prior to assembly and suitable lubricants shall be used. Lubricant for push on joints shall be soap solution, per AWWA C600, 96.3, and shall be supplied by the pipe manufacturer. No other lubricant shall be used. As each length of pipe is joined, the spigot end shall be centered in the bell, the pipe forced fully home and brought to correct line and grade. Pipe shall be secured in accordance with the embedment procedures outlined herein. 6.3.3 If unusual joining resistance is encountered or if the insertion mark does not reach the flush position, disassemble the joint, inspect for damage, reclean the joint components and repeat the assembly steps. Note that bells of pipe fittings may permit less insertion depth than pipe bells. (Note: The bar and block method is recommended as a workman is able to feel the amount of force being used and whether the joint goes together smoothly.) WS- CA41 -6 07/23/03 16C5 6.4 The Backhoe Method of Assembly 6.4.1 A backhoe may be used to assemble pipe of intermediate and larger sizes. The plain end of the pipe should be carefully guided by hand into the bell of the previously assembled pipe. The bucket of the backhoe may then be used to push the pipe until fully seated via a pipe sling only! Direct contact between the backhoe bucket and pipe shall not be permitted. 6.5 Field Cut Pipe Figure F -2 6.5.1 For shorter than standard pipe lengths, field cuts may be made with either hand or mechanical saws or plastic pipe cutters. Ends shall be saw cut square and perpendicular to the pipe axis, not burned. When pipe is cut in the field, the cut end shall be conditioned so that it can be used to make up the next joint as shown in Figure F -2. The outside of the cut end should be beveled about one quarter inch (1 /a ") at an angle of about thirty degrees (30 °). This shall be quite easily done with a coarse file or a portable grinder. The contractor shall remove any sharp, rough edges which otherwise might injure the gasket. 6.6 Voids Beneath Bell for Elastomeric Seal Joints 6.6.1 The void beneath the bell on push joint pipe, to allow for connection to succeeding pipe, shall be no larger than necessary to accomplish proper joint assembly. When the joint has been made, the void under the bell and pipe shall be filled with proper bedding or haunching material and compacted to provide adequate support to the pipe throughout its entire length. I WS- CA -J1 -7 07/23/03 16C5.'' 6.7 Joining Mechanical -Joint Pipe 6.7.1 Variations in Dimensions: The outside diameter of the spigot end of pipe varies with the type, size and class of pipe. There is only one rubber gasket size for each diameter of pipe. When connecting existing lines to mechanical joint or rubber gasket pipe the proper gaskets and fittings shall be used. 6.7.2 Cleaning and Assembling Joint: The last eight inches (8 ") outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, tar (other than standard coating), and other foreign matter from the joint. The gland shall then be slipped on the spigot end of the pipe with the extension of the gland toward the socket or bell end. The rubber gasket shall be placed on the spigot end with thick edge toward the gland. 6.7.3 Bolting of Joint: The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell, being careful to have the gasket evenly located around the entire joint. The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. All nuts shall be tightened with a suitable (preferably torque - limiting) wrench. The torque for various sizes of bolts shall be as shown in Table F.3. Nuts spaced one hundred eighty degrees (180 °) apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. Table F.3 Bolt Size Torque Inches t.lbs 5/8 40-60 3/4 60-90 70-100 1 'A 90-120 7. Haunching 7.1 Haunching of pipe from the invert to the springline shall be by hand placement of USCS Class I, II, or III material to ensure that the material is worked under the haunch. Where bedding was constructed of USCS Class I material, the same shall be used for haunching. All material shall be properly compacted. WS- CA41 -8 07/23/03 8. Initial Backfill 16C5- 8.1 Initial Backfill shall extend from the springline to a minimum of one foot (F) above the top of the pipe. Placement of initial Backfill may be either by hand or '- mechanical means. Material for initial backfill may be USCS Class I, II, or III only. 8.1.1 Contractor shall keep the initial backfill free from rocks and clods, which could damage the pipe while the filling operation is being undertaken. The purpose of extending the initial Backfill to levels over the top of the pipe shall be to protect the pipe from impact damage resulting from any deleterious objects in the final backfill. Machine compaction of initial backfill directly over the pipe is not desirable unless adequate cover has been provided to protect the pipe. Adequate cover will depend on the type of compaction equipment and shall be as specified by the Project Manager. In no case shall it be less than one foot (F). 9. Final Backfill 9.1 Backfill Material 9.1.1 All Backfill material shall be USCS Class I, 11, III or acceptable dry, native Class N materials, and shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks, or stones, or other deleterious material which in the opinion of the Project Manager is unsuitable. 9.1.2 Use of Excavated Material as Backfill: Excavated material may be used provided it conforms to USCS Class I, II, or III specifications except that it may include rocks up to four inches (4 ") in diameter. 9.2 Backfill Placement 9.2.1 Backfilling from the embedment zone to surface grade may be by hand or mechanical placement. In areas subject to traffic, backfill shall be compacted in maximum eight inch (8 ") lifts until ninety eight percent (98 %) of Modified proctor density is achieved in each lift. Whenever trenches are in or across driveways, paved areas, or streets, the Contractor shall be responsible for repairing any settlement or other damage which occurs as a result of his work within one (1) year of preliminary acceptance. In areas of open terrain, backfill shall be placed in maximum twelve -inch (12 ") lifts and compacted to achieve a density equal to or greater than the surrounding undisturbed soil. Backfill in lifts of greater thickness may be permitted by the Project Manager if the Contractor can demonstrate by actual test results that the required densities can be and are being achieved. WS- CA41 -9 07/23/03 16'C5 9.3 Compaction 9.3.1 Backfill shall be compacted in accordance with Table FA as a percentage of the maximum density at optimum moisture content as determined by the Standard Proctor Test, ASTM D698. Table FA Area Percent Maximum Dry Density ASTM D698 ASTM D 15 57 (Mod.) Around and 1'(Min) above top of pipe 100 Remaining Trench 100 Pavement subgrade and shoulders 98 (Last 3' of Fill) Base material and pavement 98 Adjacent to structures 95 (Areas not paved) Under structures 95 Sub -base 98 9.3.2 Tests for density of compaction in addition to those required under Ordinance 82- 91 (Construction Standards for County Right -of -Way) may be made at the option of the Project Manager, and deficiencies shall be corrected by the Contractor without additional cost to the Owner. 10. Installation of Tracer Tape 10.1 All pressure mains shall have a 3" wide identification warning tape installed in the ditch, over the main, twelve inches (12 ") below finished grade. Metallic tracer tape shall also be placed at the end of any stub outs for future connections, including, but not limited to, water branches and tees, and sanitary sewer services where the cleanouts are likely to become buried or destroyed. (See section H2, paragraph 3.6 for tape specs.) W S -CA -J 1 -10 07/23/03 11. Dewatering 16C5 11.1 All piping shall be laid in a dry trench excavation, unless otherwise approved by the Project Manager. Dewatering system shall be utilized in accordance with good standard practice and must be efficient enough to lower the ground water level in advance of the excavation and maintain it continuously to keep the trench bottom and sides firm and dry. If a sewer system is under construction, it shall not be used as a conduit to remove ground water from the pipe trench. The Contractor shall have on the job, or available for immediate use at all times, dewatering equipment adequate to handle the job for which it is intended. If well points are used sufficient header pipe and well points shall be provided to maintain a dry and workable trench, in advance of any pipe laying. _ 11.2 Water pumped or drained from the work shall be handled in accordance with current South Florida Water Management District and Collier County Department of Water Management rules, regulations, and procedures, and at a minimum in a suitable manner without damage to adjacent property, to work under construction or to street pavement, parks or private property. Water shall not be discharged onto streets without adequate protection of the surface at the point of discharge. No water shall be discharged into a wastewater system. No water containing settleable solids shall be discharged into storm sewers. 11.3 Any and all damage caused by dewatering shall be promptly repaired by the Contractor at his expense. All permits required for dewatering operations shall be obtained by the Contractor and a copy filed with the Project Manager. 12. Jack and Bore 12.1 Location 12.1.1 All jack and bores shall be as shown on the drawings, at the depth shown on the drawings, with the appropriate, required casing pipe. All piping through casings shall be restrained. 12.2 Installation 12.2.1 The spiral welded or smooth wall steel pipe encasement shall be a thickness of 0.25 inches minimum, except as noted. This pipe shall be installed by dry boring and jacking. As the dry boring operation progresses, each new section shall be jacked into place. The boring auger shall not be of a greater diameter than the outside diameter of encasement. All voids are to be filled with 1:3 Portland Cement Grout at sufficient pressure to insure that there will be no settlement of the roadway. 12.2.2 If mechanical boring is utilized to place the pipe, the tip of the drill head shall not precede the end of the pipe by more than two inches (2 "). W S -CA -J 1 -11 07/23/03 16CF 12.2.3 In the event that an obstruction is encountered during the dry boring operation, the auger is to be withdrawn, the excess pipe cut off and capped, and the void is to be completely filled with 1:3 Portland Cement Grout under sufficient pressure before moving to another boring site. 12.2.4 All jack and bore crossings will be a continuous operation at the approved location and depth unless otherwise approved. Any deviation from the above will be sufficient grounds for work stoppage, plugging the line with concrete and replacement of a line at the proper location. 12.2.5 Casing pipe shall have a minimum of thirty inches (30 ") of cover and shall be installed at a depth sufficient to permit the installation of the carrier pipe to the line and grade as shown on the plans. 12.2.6 The boring operation, at all times, shall be conducted in such a manner as not to create a hazard and not to impede the flow of traffic. 12.2.7 Upon completion of the installation of the casing pipe, the line under construction shall be installed. The Contractor shall utilize Cascade Stainless Steel Casing Spacers in conformance with the manufacturer's recommendations. Contractor shall note that upsized casings may be required for PVC push on pipe with EBAA restrained bells. (See table F.5). No extra payment will be made for this upsizing. WS- CA -J1 -12 07/23/03 W S -CA -J 1 -13 07/23/03 16C5 TABLE F.5 CASCADE STAINLESS STEEL CASING SPACERS MINIMUM CASING PIPE INSIDE DIAMETER NEEDED FOR RESTRAINED CARRIER PIPE DUCTILE IRON MECHANICAL JOINT WITH MEGALUG RESTRAINT EBAA PRODUCT SIZE DIAMETER MINIMUM CASING I.D. 1104 4" 9.90" 13" 1106 6" 12.00" 15" 1108 8" 14.15" 17" 1110 10" 16.20" 19" 1112 12" 18.30" 21.5" 1114 14" 20.94" 23.5" 1116 16" 22.90" 25.5" 1118 18" 25.00" 28" 1120 20" 27.10" 30" 1124 24" 32.64" 35" 1130 30" 38.87" 41" 1136 36" 45.17" 48" 1142 42" 55.57" 58" 1148 48" 61.87" 64" W S -CA -J 1 -13 07/23/03 Table F.5 (Cont.) PVC PUSH ON PIPE WITH EBAA RESTRAINED BELLS EBAA PRODUCT SIZE DIAMETER MINIMUM CASING I.D. 1504 4" 10.13" 12.5" 1506 6" 12.63" 15" 1508 8" 15.50" 18" 1510 10" 17.73" 20" 1512 12" 21.25" 24" 11 14H 14" 23.75" 26.5" 11 16H 16" 26.00" 28.5" 1120HV 20" 30.50" 34" 1124HV 24" 35.00" 38" 1130HV 30" 42.88" 45" END WS-CA-J1-14 07/23/03 16 C5 1W141 :110,300 PART (2) - TECHNICAL SPECIFICATIONS - WATER MATERIALS - 1. PIPE MATERIALS 1.1 Ductile Iron Pipe (all sizes) 1.1.1 Ductile iron pipe shall be the class and size called for on the drawings. In the absence of a specified class on the drawings, Ductile iron pipe shall be a minimum of Pressure Class 150, as specified by AWWA Standards C150 and C151, latest revisions. 1.1.2 All Ductile iron pipe shall be lined with double thickness cement mortar lining and asphaltic seal coat in accordance with AWWA Standard C104, latest revision. Pipe and fittings shall have outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it belongs. 1.1.3 Joints for Ductile iron pipe shall be mechanical or push on type designed in accordance with AWWA C 111. Gasket lubricant for push -on joints shall be as specified by the pipe manufacturer and labeled with the trade name and the pipe manufacturer's name. Other types of lubricant (vegetable fat, oil etc.) are prohibited from use. 1.1.4 Restrained joints, where shown on the plans, shall be as specified in paragraph 3.2.2. A working pressure of 350 psi for sizes six inches (6 ") through twenty four inches (24 ") and 250 psi for pipe sized larger than 24" shall be required, and shall conform to AWWA C110 or C153. Unless otherwise noted, the pipe, joints, gaskets, and accessories shall be in accordance with standards as previously specified for Ductile iron pipe in this section. All fittings shall be lined with double thickness cement mortar lining and asphaltic seal coat in accordance with AWWA Standard C104, latest revision. 1.1.5 The distances shown in Table G.1 shall apply to minimum lengths (in feet) of pipe required to be restrained on each side of the fittings. Tees, crosses, and dead ends shall be considered equivalent to ninety degree (90 °) bends. Tees shall be installed with a thrust block poured opposite of the branch line in addition to restrained joints in the direction of the branch line. Restraining is not required in the direction of the main longitudinal direction for tees and valves where there is no change in direction. Dead ends shall be installed with a terminus thrust block as shown in the standard details. WS- CA42 -1 07/23/03 , * 16C5 ..4 TABLE GA Pipe 90° Bend 45° Bend 221 /z° Bend 11' /a° Bend 8" 74 31 15 7 10" 87 36 17 9 12" 100 41 20 10 16" 123 51 24 12 20" 143 59 29 14 24" 162 67 32 16 30" 184 76 37 18 36" 207 86 41 20 1.2 Polyvinyl Chloride (PVC) Pipe Water Mains 1.2.1 Polyvinyl chloride pipe (PVC) shall conform to AWWA Specification C900 or C905, latest revision. All 4" to 12" pipe shall be a minimum of Class 150, DR 18 and all 14" to 24" pipe shall be a minimum of Class 165, DR 25 and shall meet or exceed Uni -Bell B -11. All pipe shall bear the seal of the National Sanitation Foundation (NSF) for potable water pipe. All pipe shall be marked with the manufacturer's name, nominal size, type of plastic and pressure rating. All PVC pipe used for water lines shall be white or blue. Pipe O.D. shall be equivalent to cast iron pipe of the same nominal size. PVC pipe buried beneath roadways, parking lots or parking lot entrances shall meet AWWA Specification C900 or C905, latest revision. All 4" to 12" pipe in such locations shall be a minimum of Class 200, DR 14, and all 14" to 24" pipe shall be a minimum of Class 235, DR 18. Pressure Class 250 ductile iron pipe may be used instead of PVC in these locations if approved by the Project Manager. 1.2.2 Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling, in accordance with ASTM F477 and D2122, latest revision respectively. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. 1.3 Pipe Sizes All water mains to be maintained by the public water supply system shall be a minimum of 8" except for dead end mains on short (300' or less) single family residential cul -de -sacs where 6" may be used if hydraulic calculations show the capability of maintaining 500 gpm fire flow plus potable demand. W S- CA42 -2 07/23/03 2. VALVES 16C5 2.1 Gate Valves - 4" through 24" 2.1.1 Valves shall conform to the latest revision of AWWA Standard C509 or C515 for resilient seated gate valves. 2.1.2 The valves shall be cast iron or ductile iron body with non - rising stem (NRS) opening by turning stem counter clockwise and provided with two inch (2 ") square operating nut with the word "Open" and an "Arrow" cast in the metal to indicate direction to open. 2.1.3 The wedge shall be of cast iron completely encapsulated with urethane rubber. The urethane sealing rubber shall be permanently bonded to the cast iron wedge to meet ASTM tests for rubber metal bond ASTM D429. 2.1.4 Stems for NRS assemblies shall be cast bronze with integral collars in full compliance with AWWA. OS &Y stems shall be on bronze bar stock. The NRS stem stuffing box shall be the O -ring seal type with two (2) rings located above thrust collar; the two (2) rings shall be replaceable with valve fully open and subjected to full rated working pressure. The design of valves shall be such as to permit the replacement of O- ring(s) without undue leakage while the valves are wide open and in service. All valves of the same size and type shall be by the same manufacturer and shall be American made, cast and assembled. 2.1.5 All valves shall have a minimum safe working pressure of two hundred (200) psi. 2.1.6 There shall be two (2) low torque thrust bearings located above and below the stem collar. The stem nut shall be independent of wedge and shall be made of solid bronze. There shall be a smooth unobstructed waterway free of all pockets, cavities and depressions in the seat area. 2.1.7 The body and bonnet shall be coated with fusion bonded epoxy both interior and exterior. Each valve shall have manufacturer's name, pressure rating and year in which manufactured cast on the body. Prior to shipment from factory, each valve shall be tested by hydrostatic pressure equal to twice the specified working -- pressure. 2.1.8 Gate Valves shall be American Darling, Clow, U.S. Pipe or Kennedy. All gate valves shall be American made. 2.2 Butterfly Valves - 16" and Larger 2.2.1 All butterfly valves shall fully comply with AWWA C504, Class 150 -B, latest revision. WS- CA42 -3 07/23/03 2.2.2 Butterfly valves shall be of the tight - closing, rubber -seat type with rubber seats that are securely fastened to the valve body or disc. No metal -to -metal seating surfaces will be permitted. Valves shall be bubble -tight at rated pressures with flow in either direction, and shall be satisfactory for applications involving throttling service and/or frequent operation and for applications involving valve operation after long periods of inactivity. Valve discs shall rotate ninety degrees (90 °) from the full open position to the tight shut position. Valves shall meet the full requirements of AWWA Standard C504. 2.2.3 Valve bodies shall be constructed of cast iron ASTM A126 Class B and provide drip tight shutoffs up to full pressure rating. Mechanical joint shall be in conformance with AWWA C111. Two (2) tunnions for shaft bearings shall be integral with each valve body. Body thickness shall be in strict accordance with AWWA Standard C504, latest revision. 2.2.4 Valve discs shall be constructed of Ductile iron. 2.2.5 Shafts of all valves shall be turned, ground, and polished. Valve shafts shall be constructed of Type 304 stainless steel. Shaft diameters must meet minimum requirements established by AWWA Standard C504. 2.2.6 Valve seats shall be Buna -N. Seats may be simultaneously molded in, vulcanized and bonded to the valve body, or mechanically retained in the valve body or attached to the disc. Screws, retaining segments, etc., required to retain seat in body shall be constructed in Type 304 stainless steel. Seats mounted on discs are not acceptable unless they are completely replaceable without replacing the disc. 2.2.7 Valve operations shall be fully enclosed, gasketed and oil filled to withstand an external outer pressure of ten (10) psi minimum. 2.2.8 A valve position indicator shall be furnished for installation in each valve box. Indicator shall be hermetically sealed for installation inside a cast iron valve box and shall show valve disc position, direction of rotation and number of turns from fully opened to fully closed. Indicator shall be provided by the valve manufacturer, complete. 2.2.9 Valve shall open counter clockwise and be provided with a two inch (2 ") square operating nut which will have the direction of opening cast on it. Valve nut shall be no more than 30" underground. 2.2. 10 Packing shall be self- adjusting chevron type. 2.2.11 Valve shall have self - lubricating nylon sleeve type shaft bearings. WS- CA42 -4 07/23/03 UNI 2.2.12 All surfaces of the valve shall be clean, dry and free from grease before painting. The valve surfaces except for disc, seating, and finished portions shall be evenly coated with a suitable primer to inhibit rust and with asphalt varnish in accordance with AWWA Standard 504, latest revision. 2.2.13 Prior to shipment from the factory, each valve shall be tested hydrostatically in accordance with AWWA Standard C504, latest revision. 2.2.14 Valves shall be Pratt, DeZurik or approved equal. All Butterfly valves shall be American made. 2.3 Valves for 2" Connections 2.3.1 All valves for air release system or bacterial sampling station shall be Mueller Oriseal Mark II or approved equal, ninety degree (90 °) turn on/off, with three - eighth inch (3/8 ") valve key. 2.3.2 Curb stops shall be Mueller Mark I1 Oriseal or equal. 2.3.3 Corporation stops shall be Mueller H 10045 or equal. 2.3.4 Ball valves shall be Ford Brass Ball Valves or equal. 2.4 Air Release Valves 2.4.1 Air release valves shall be float operated and both the air /vacuum and air release functions shall be performed by a combination valve housed in a single body. The float shall be stainless steel capable of withstanding a test pressure of 750 psig minimum. 2.4.2 The valve shall automatically exhaust large quantities of air during the filling of the pipeline. The air release port shall automatically release small pockets of air from the pipeline while the pipeline is in operation and under pressure. 2.4.3 The air release valve shall have a maximum working pressures of 150 psi, unless otherwise indicated on the drawings, and shall have been tested at a pressure not less than 300 psi. 2.4.4 The materials of construction shall be: Body, cover, and baffle of cast iron; float and all other trim shall be of stainless steel with the exception of Buna -N seat. No plastic parts shall be accepted. 2.4.5 Air release valves shall be Empire Specialty Company Model 945, Combinetic Series or equal. WS- CA42 -5 07/23/03 16C5 2.4.6 One -inch (1 ") NPT inlet and outlet shall be provided, unless otherwise specified on the drawings. 2.5 Check Valves 2.5.1 All check valve bodies shall be cast iron per ASTM A126 Class B, having integral (not wafer) flanges. 2.5.2 The seat shall be centrifugally cast bronze with an O -ring seal and be locked in place with stainless steel lock screws and be field replaceable, without the use of special tools. 2.5.3 The shaft shall be single and continuous stainless steel, extending both sides of the body with a lever and weight, using an air cushion cylinder, side mounted. 2.5.4 The air cushion cylinder shall be constructed of corrosion resistant material and the piston shall be totally enclosed within the cylinder and not open at one end. The air cushion cylinder assembly shall be externally attached to either or both sides of the valve body and shall permit adjustability to cushion the closure of the valve. Cushioning shall be by air trapped in the cushion cylinder, which shall be fitted with a one -way adjustable control check valve to cushion disc contact to the seat at the shut -off point. The bottom cylinder head shall be swivel mounted and not rigid to follow the change of force angles as the lever raises or lowers to open or close the check valve. Valve shall prevent backflow on normal pump shut off or power failure, at zero velocity and be watertight. 2.5.5 The disc shall be cast iron utilizing a double clevice hinge connected to a Ductile iron disc arm. The disc arm assembly shall be suspended from a stainless steel shaft, which passes through a seal retainer on both sides of the valve body. 2.5.6 Valve exterior to be painted with Red Oxide Phenolic Primer Paint as accepted by the FDA for use in contact with Potable Water. Materials shall be certified to the following ASTM specifications: Body, cover & disc Disc Arm Seat Disc Seat Cushion cylinder Cast Iron ASTM A126, Class B Ductile Iron ASTM A536 Aluminum Bronze or ASTM B 148 Stainless Steel ASTM A276 Buna -N or metal Corrosion- resistant Commercial material WS- CA42 -6 07/23/03 3. PP Fittings and Appurtenances 16C5 3.1 Tees, Crosses, Reducers, etc. - 4 "- 12" Tees, Crosses 14" and Larger 3.1.1 All tees, crosses, reducers and other such materials shall be referred to as fittings. 3.1.2 All fittings shall be mechanical joint type and shall be cast from Ductile iron in accordance with ANSI/AWWA C153/A21.53 with mechanical joint bells. Glands and gaskets shall be in accordance with requirements of ANSI/AWWA C111 /A21.11. The working pressure rating shall be 350 psi. Fittings shall have an asphaltic outside coating in accordance with ANSI/AWWA C153/A21.53. All fittings shall be restrained in accordance with paragraph 3.2.2 of these specifications. 3.1.3 Fittings shall be double cement lined and seal coated with an asphaltic material in accordance with AWWA C104. _ 3.1.4 Bolts and nuts for all flanged and mechanical joints shall be high strength steel meeting the current provisions of American National Standard AWWA C111 for rubber gasket mechanical joints for cast iron or Ductile iron pipe and fittings or shall be type 304 stainless steel. Bolt manufacturer's certification of compliance must accompany each shipment. 3.2 Fittings - Bends (Excluding Tees and Crosses) etc. - 6" and Larger 3.2.1 All bends and special fittings 6" and larger shall be restrained joint type. 3.2.2 Restraint shall be provided for horizontal or vertical alignment changes using Uni -Flange type collars that are epoxy coated and have high strength, low alloy hardware. The collars shall be EBBA Iron Sales, Inc., "Megalug," "Uni- Flange," or Romac Industries, Inc., "Grip Ring ". 3.2.3 Internal cement mortar linings and asphaltic seal coatings for pipe and fittings, where applicable, shall be in accordance with AWWA C104. External bituminous coatings for pipe and fittings shall be in accordance with AWWA C151 for pipe and AWWA C110 for fittings. 3.2.4 Restrained push -on joints for pipe and fittings shall be designed for a water working pressure of 350 psi in sizes six inches (6 ") through twenty four inches (24 ") and 250 psi for larger sizes. 3.2.5 Push -on joints with restraint shall be capable of being deflected after assembly. WS- CA42 -7 07/23/03 76C5 3.3 Tapping Sleeves and Valves 3.3.1 All tapping sleeve and valve assemblies shall meet the requirements of AWWA Standard C500, latest revision. Cast iron tapping sleeves 12" or larger or stainless steel wrap- around less than 12" and cast iron valves shall be used to make "wet" taps into the existing water mains where shown on the drawings. Sleeve bodies must be of carbon steel in accordance with ASTM A285, Grade C or stainless steel. The flanges must conform to AWWA C207 Class D ANSI 150# drilling. All bolts and nuts shall be as specified in paragraph 3.1.4. 3.3.2 Contractor shall verify type of existing main prior to ordering. The tapping valve shall have an inlet flange to match the sleeve and a mechanical joint outlet for connection to water main pipe. Tapping valve shall meet the requirements for gate valves, Exhibit J, Part (2), in Section 2.1 above. The sleeve shall have provisions for a tap and shall be pressure tested at 150 psi for a minimum of 30 minutes prior to tapping. 3.4 Fire Hydrants 3.4.1 All fire hydrants shall conform to AWWA C502. Fire hydrants shall be traffic model, with five and one - quarter inch (51 /a ") valve opening, two (2) two and one - half inch (21/2 "), and one (1) four and one -half inch (41/2 ") outlets with National Standard threads, six inch (6 ") mechanical joint shoe connection, National Standard Pentagon (11/2" point to flat) operating nut, open CCW, dry top, sealed oil lubrication reservoir, seat ring to shoe shall be bronze to bronze. All hydrants shall meet or exceed AWWA Standard C502, latest revision. 3.4.2 All fire hydrants shall have break -away flanges (designed such that when the barrel is broken off the hydrant valve will remain closed and reasonably tight against leakage). 3.4.3 All fire hydrants must be installed not less than 18" or more than 24" from finished grade to center of nozzles. To achieve this, the Contractor may use fire hydrant extensions, or may order the proper bury depth hydrant. In either case, ordering the materials required to meet the proposed grade shall be the Contractor's responsibility, and shall be included in the bid price. 3.4.4 Fire hydrants shall be ordered without weep - holes. 3.4.5 Thrust blocks shall be located behind the shoe of the hydrant. After completing backfill around hydrant barrel, in accordance with these specifications, a poured concrete collar shall be installed, as shown in the Standard Details; to prevent the hydrant from moving if hit. 3.4.6 All hydrants shall be federal safety yellow in color, or as specified by appropriate Fire Control District. WS- CA42 -8 07/23/03 16C5', 3.4.7 All hydrants shall be Mueller Centurion, Kennedy Guardian or American Darling 5 1/4" B -84 -B. 3.4.8 All hydrants shall be of the year's manufacture when construction commenced and the year shall be clearly marked on the hydrant. 3.5 Blow -off Assembly 3.5.1 All dead end lines shall be temporarily ended with a blow off as shown on Standard Detail. After full bore flush the blow off shall be replaced with a fire hydrant. 3.6 Tracer Tape and Electronic Markers 3.6.1 Three inch (3") wide metallized warning tape, color blue, marked "Caution Water Line Below" shall be installed in the ditch over non - metallic pipe and shall be located twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 3.6.2 Three inch (3") wide polyethylene warning tape, color blue, marked "Caution Water Line Below" shall be installed in the ditch over ductile iron pipe, twelve inches (12 ") below finished grade. 3.6.3 Electronic markers shall be installed in the trench six inches (6 ") above the water main pipe at all bends or changes in alignment and every 250 feet along the pipe between bends. The markers shall be "Omni Marker" Model 161 as manufactured by Radiodetection Corp. or Scotch Mark Model 1257 as manufactured by 3M Telecom Systems Group or approved equal. 3.7 Valve Boxes 3.7.1 Construction of Boxes: Valve boxes shall be cast iron from valve to finished grade, of the Roadway Extension type, of proper length and base size, with suitable detachable cover, and shall be coated inside and out with asphaltum paint. Valve boxes shall be Dewey Brothers VBX -TE 100 (6 5/16 inch cover) or approved equal. Valve boxes shall be made of close grained, gray cast iron in three pieces, as follows: a) The lower of base pieces, which shall be beveled at the bottom to fit around the stuffing -box gland, but must not rest on the valve bonnet or gear disc after installation. b) The upper barrel, which shall be flanged on the lower end, and of such size as to telescope over the lower base piece, the upper end being constructed in the form of a socket to receive the valve box cover. WS- CA42 -9 07/23/03 16C5 � ' C) The valve box cover, which shall have cast on the upper surface, in raised letters, the word "water ". 3.7.2 Valve Box Adjustment: All valve boxes shall be set plumb over the valve with the valve nut centered within. The Contractor shall adjust valve boxes to final grade at the time designated by the Project Manager. As shown on the standard details, the Contractor shall build a reinforced concrete collar 18" x 18" x 6" with 2 #4 reinforcing bars around the valve box head in pavement, flush to the grade of the top of the box. In unpaved areas, a similar concrete collar shall be poured with the top flush with the surrounding ground level. No extra payment shall be made for this item. 3.8 Bacterial Sample Points: For the purpose of new water main construction, bacterial sampling points shall be positioned at the beginning of each new system, at 1000 foot intervals and all dead ends unless otherwise directed. These sampling points will be utilized by Utilities personnel for water main bacterial clearance procedures. At the completion of the project, when authorization is given by Utilities Operations, permanent sampling points shall remain every 3000 feet or one at the system 2/3 point if the line is less than 3000 feet long. All others shall be removed down to the main and properly capped by the Contractor. The permanent sampling points shall be constructed in accordance with Standard Detail W -6. The permanent sampling points' location will be reviewed by the County staff during final plans review. At the Contractor's discretion, appropriately located fire hydrants may be utilized in lieu of the temporary sampling points specified above. This practice is not recommended by Collier County or AWWA. Under this circumstance, the Contractor will be solely responsible for maintaining the hydrants in a satisfactory environment for conducting the bacterial testing. Use of the hydrants does not preclude the requirements for permanent sampling points as previously specified. 4. Steel Casing Pipe 4.1 Steel casing pipe shall have plain end, wrapped steel pipe, conforming to ASTM A252, Grade 2 or ASTM A139 without hydrostatic tests. The pipe shall have welded joints and be in at least eighteen foot (18') lengths. Casing ends shall be sealed to prevent soil or pavement erosion. See detail for jack and bore in Exhibit I. 5. Service Connection Materials 5.1 Service Saddles 5.1.1 Ductile iron pipe shall be tapped direct for one inch (1 ") and smaller taps unless otherwise shown on the plans. One inch (1 ") and smaller taps made to six inch (6 ") through twelve inch (12 ") PVC pipe may be tapped direct at the option of the WS- CA42 -10 07/23/03 16C5 Iq 11 Contractor. Such direct taps shall be made in accordance with (UNI -B -8) Uni -Bell Recommended Practice. Service saddles or fittings shall be used with taps to all other types of pipe. Service saddles shall be used for taps larger than one inch (1 ") on all six inches (6 ") and larger C900 PVC pipe. Gasket shall be cemented in -" place and confined in a retaining groove. Saddles shall be brass double strapped. 5.1.2 Tapping sleeves and valves shall be used for a] 1 taps in excess of two inches (2 "). 5.1.3 Service saddles on ductile iron pipe shall be Ford 202B, and on PVC pipe shall be Ford S 90 or approved equal, with AWWA threaded corporation stop connections. 5.2 Corporation Stops for Service Connections 5.2.1 Corporation stops shall meet the requirements of AWWA C800, and shall be Mueller H15008, or approved equal; ends AWWA thread x compression, CTS. 5.3 Water Service Tubing 5.3.1 Water service connection tubing shall be polyethylene municipal service tubing. 5.3.2 Polyethylene tubing shall meet the requirements of AWWA Standard C901. Polyethylene tubing shall be 3406 polyethylene. 5.4 Polyethylene Service Tube Stiffeners 5.4.1 A solid ring, stainless steel insert shall be installed with each and every compression connections made with polyethylene tubing. 5.5 Air Release Valve Connections 5.5.1 Connections from corporation stops to air release valves shall be brass for rigidity. END WS- CA42 -11 07/23/03 16C5 EXHIBIT J PART (3) - TECHNICAL SPECIFICATIONS - SEWER SYSTEM MATERIALS - 1. Pipe Materials 1.1 Ductile Iron Pipe (all sizes for all sewer applications) 1.1.1 Ductile iron pipe shall be of the size and class called for on the drawings. In the absence of a specified class on the drawings, all Ductile iron pipe installed in open, grassed, non - traffic areas shall have a minimum thickness conforming to Pressure Class 150 for gravity sewers and a Pressure Class 250 for force mains, as specified by AWWA Specification C150, latest revision. All mains and lines under traffic surfaces or pavement shall be Class 51 as specified by AWWA Specification C151, latest revision. 1.1.2 All Ductile iron pipe used on the gravity sewer system shall be lined with polyethylene in accordance with ASTM D 1248. A 40 mils (0.040 inch) nominal, [35 mils (0.035 inch) minimum] lining of polyethylene shall be furnished. The lining shall be a blend of high density and low density polyethylene powders complying with ASTM D 1248 compounded with an inert filler and carbon black to provide resistance to ultraviolet rays during storage above ground. Prior to preheating, seventy five percent (75 %) or more of the high temperature oxide film must be removed through proper preparation of pipe interior surface. Fittings -_ shall be sandblasted. Pipe and fittings shall be uniformly preheated to a temperature adequate to provide uniform fusing of the polyethylene powders and proper bonding to the pipe and fittings. The lining at the ends shall be hermetically sealed and every pipe and fitting shall be subjected to and pass a 400 volt wet sponge, or equivalent, spark test. A sample cut from a production pipe shall pass the four (4) hour boil adhesion test as described in ASTM C541. Pipe and fittings shall be U.S. Pipe's POLYLINED pipe and fittings or equal. Pipe and fittings shall have an outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it - belongs. Ductile iron pipe and fittings, for force mains eight (8) inches in diameter and smaller, shall be interior coated with a 12 mil thickness of coal tar epoxy coating. Pipe and fittings, for force mains ten (10) inches in diameter and larger, shall be interior coated with either a 20 mil to 40 mil thickness polyethylene as specified above or a 12 mil thickness of coal tar epoxy coating in conformance with ASTM 1248. Pipe and fittings shall have an outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it belongs. WS- CA43 -1 07/23/03 Joints for ductile iron force main pipe shall be mechanical or push -on type 6 C 5 1. 1.3 P P designed in accordance with AWWA C111. Gasket lubricant for push -on joints shall be as specified by the pipe manufacturer and labeled with the trade name and the pipe manufacturer's name. Other types of lubricant are prohibited. 1.1.4 Where restrained joints are shown on the plans, mechanical joint pipe and fittings shall be used. Unless otherwise noted, the pipe, joints, gaskets, and accessories shall be in accordance with standards, as previously specified for ductile iron pipe in this section. Restrained joints shall be as specified in paragraph 3.2.2 of Exhibit J, Section 2. A working pressure of 350 psi for sizes six inches (6 ") through twenty -four (24 ") and 250 psi for larger sizes shall be required, and shall conform to AWWA C110 or C153. Linings in all fittings shall be that required under section 1. 1.2 of Part (3). 1.1.5 The distances shown in Table H.1 shall apply to lengths of pipe in inches feet required to be restrained on each side of the fittings. Tees, crosses, and dead ends shall be considered equivalent to ninety degree (90 °) bends. Tees shall be installed with a thrust block poured opposite of the branch line in addition to the restrained joints. Dead ends shall be installed with a terminus thrust block as shown in Exhibit I, detail 11 of 26. TABLE HA Pipe 90° Bend 45° Bend 22'/2° Bend 111 /a° Bend 8" 74 31 15 7 10" 87 36 17 9 12" 100 41 20 10 16" 123 51 24 12 20" 143 59 29 14 24" 162 67 32 16 30" 184 76 37 18 36" 207 86 41 20 1. 1.6 Procedure for sealing cut ends and repairing field damaged areas of polyethylene lined pipe and fittings: a) Remove burrs caused by field cutting of ends or handling damage and smooth out edge of polyethylene lining if made rough by field cutting or handling damage. b) Remove oil or lubricant used during field cutting operations. C) Areas of loose lining associated with field cutting operation must be removed and exposed metal cleaned by sanding or scraping. For larger areas, remove loose lining and dirt, then roughen bare pipe surface by scratching or gouging with a small chisel to provide an anchor pattern for WS- CA43 -2 07/23/03 the epoxy. It is recommended that the polyethylene lining be stripped back by chiseling, cutting, or scraping about one inch (1 ") to two inches (2 ") into well adhered lined area before patching. This ensures that all areas of undercutting (rusting) have been removed. Be sure to roughen an overlap of one inch (I") to two inches (2 ") of polyethylene lining in area to be epoxy coated. This roughening should be done with a rough grade emery paper (40 grit), rasp, or small chisel. Avoid honing, buffing, or wire brushing since these tend to make surface to be repaired too smooth for good adhesion. d) With area to be sealed or repaired absolutely clean and suitably roughened, apply a thick coat of a two -part coal tar epoxy such as Madewell 1104 or approved equal. The heavy coat of epoxy must be worked into the scratched surface by brushing. Mixing and application procedure for the epoxy must follow the epoxy manufacturer's detailed instructions. e) It is important that the entire freshly cut, exposed metal surface of the cut pipe be coated. To ensure proper sealing, overlap at least one inch (1 ") of the roughened polyethylene lining with this two part epoxy system. 1.2 Polyvinyl Chloride (PVC) Pipe (Gravity Lines Only) 1.2.1 PVC pipe shall have integral wall bell and spigot push -on joints and shall meet the requirements of ASTM D3034, Type PSM, SDR 26. All PVC Gravity Sewer Pipe shall be green in color. 1.2.2 Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling, in accordance with ASTM F477 and D2122, latest revision respectively. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. Other types of lubricants are prohibited. Flexible gasketed joints shall be compression type conforming to ASTM D3201. -- 1.3 Polyvinyl Chloride (PVC) Pipe (Force Mains and Effluent Lines) 1.3.1 Polyvinyl chloride pipe (PVC) shall conform to AWWA C900 or C905 - Specification, latest revision. Force mains shall be, minimum Class 100. Force mains with a system pressure greater than 50 psi and all Effluent mains shall be minimum Class 150. Both shall bear the seal of the National Sanitation - Foundation (NSF) for the seal of the National Sanitation Foundation (NSF) for potable water pipe. All pipe shall be marked with the manufacturer's name, nominal size, type of plastic and pressure rating. Pipe O.D. shall be equivalent to cast iron pipe of the same nominal size. PVC pipe buried beneath roadways, parking lots or parking lot entrances shall meet AWWA C900 (DR 14) or C905 (DR 18) specifications, for Class 200 pipe. All sanitary sewer force mains shall be green in color. Effluent mains shall be Pantone Purple in color and marked WS- CA43 -3 07/23/03 R 16C5 "Effluent" or "Reuse" in acceptable, indelible markings one - hundred and twenty degrees (120 °) apart, running continuously the full length of each section of pipe. Fittings for PVC force mains eight (8) inches in diameter and smaller shall be C900 rated PVC. 1.3.2 Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling, in accordance with ASTM F477 and D2122, latest revision respectively. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. Other types of lubricants are prohibited. 1.3.3 Restrained joints shall be accomplished using Uni -flange series 1300 or series 1350. Restraining clamps shall be epoxy coated steel or ductile iron. Bolts shall be 304 stainless steel or heat - treated ductile iron in conformance with the latest edition of ASTM A536. 2. Manholes 2.1 General Requirements 2.1.1 All manholes shall be constructed of precast, 4000 -psi concrete components, utilizing Type 2 cement, with a minimum wall thickness of eight inches (8 "). All manholes shall be constructed upon a foundation consisting of no less than twelve inches (12 ") of crushed stone. Manhole bases shall be either extended base precast concrete with a minimum dimension across the extended base of seventy - two inches (72 ") (for 4 foot diameter manholes), reinforced concrete with a minimum twenty -eight (28) day compressive strength of 3,000 psi and shall be monolithically poured with the first riser section. 2.1.2 The excavation shall be kept free of water throughout construction and shall NOT be backfilled until inspected. 2.2 Precast Concrete Manholes 2.2.1 All precast concrete manhole components shall meet the requirements of ASTM C478 latest edition with 8" minimum thickness walls. 2.2.2 Components shall be assembled using Ram -Nek, Kent -Seal or other acceptable rubber or bituminous sealing compound, which shall be accurately placed to assure a watertight seal. The form and dimensions of all components are shown in the Standard Details. The first construction joint shall be not less than two feet (2') above the base slab. Joints shall be tongue and groove suitable for flexible gasket. The gasket shall be applied to a clean joint after priming and in accordance with the manufacturer's recommendations. Excess material shall be smoothed flat with a roller. Voids remaining in the joint shall be caulked with anhydrous cement grout on the inside and outside to make a smooth watertight joint seal. WS- CA43 -4 07/23/03 arl, 2.2.3 The exterior and interior of the manhole shall be protected with two (2) coats of a two - component coal -tar epoxy. The first coat shall be thinned. The second coat shall be a minimum of eight (8) dry mils. The joint into the manhole shall be sealed with Ram -Nek, Kent -Seal or other acceptable product. 2.2.4 Components of the manhole shall be free of fractures, cracks, and undue roughness. Concrete shall be free of defects, which indicate improper mixing or placing, and surface defects such as honeycomb or spalling. Cracks or broken ends due to improper handling will not be acceptable. No lift holes will be allowed except in rise and corbel sections. These holes shall not penetrate the wall and shall be filled with non -shrink grout after installation. 2.3 Manhole Pipe Connections _ 2.3.1 Precast Manholes: Flexible, "boot type" rubber gaskets in pipe entrances with stainless steel bands shall be precast into the manhole as specified by the manufacturer. However, mortar or concrete shall be required both inside and outside the manhole at the pipe connection to guarantee a watertight seal and to match pipe and precast manhole inverts where necessary. 2.3.2 Doghouse Manholes: Doghouse manholes over existing sanitary sewer pipes are permitted, and in a number of instances, preferred. The concrete base shall be a minimum of eight inches (8 ") thick, with proper reinforcing rods to prevent cracking. This shall be poured upon a twelve -inch (12 ") base of gravel. Precast manhole rings may be set in the concrete over the existing pipe. Concrete should then be used to form both the bench and to seal the pipe entrances, both inside and especially outside. Once dry, the top of the pipe in the manhole shall be removed. 2.3.3 Connection to Existing Sewers: Where required or shown on the plans, connection to existing sewer shall be made in a manner, which will maintain existing flow on a continuous basis. Where flow cannot be maintained, interruption of service shall be minimized such that no bypass of sanitary sewage to any natural waterway or storm drain occurs nor shall such interruption create a public health hazard by sewage backup or overflow. Connections to existing sewers shall be made at manholes. New lines connecting to existing manholes -- shall be core bored and sealed with flexible boots and snap -in stainless steel inserts or "Link - Seal ". Connection of sewer pipe shall be a non - shrinking mortar. Existing manholes to which connections are made shall be rehabilitated to the degree necessary to correct any apparent signs of infiltration. Upon completion of the connection to existing sewers, existing lines no longer needed shall be sealed or plugged at the invert to reflect new flow patterns. WS- CA43 -5 07/23/03 2.4 Standard Manholes 2.4.1 The standard manhole shall be four feet (4) or more in depth measured from the base of the cover frame to the top of the concrete footing and shall be of the concentric cone type, as shown in the Standard Details. If the manhole is four feet (4') or less in depth, it shall be classified as a "Shallow Manhole" as specified in paragraph 2.5 below. 2.5 Shallow Manholes 2.5.1 The shallow manhole shall be four feet (4) or less in depth measured from the base of the cover frame to the top of the concrete footing and shall be of flat top construction, as shown in the Standard Details. 2.6 Manhole Inverts 2.6.1 Manhole inverts shall be formed from concrete having a minimum twenty -eight (28) day compressive strength of 2500 psi, and as shown in the Standard Details. Inverts for "straight- through" manholes may be formed by laying the pipe straight through the manhole, pouring the concrete invert, and then cutting out the top half of the pipe, provided that 0.1 foot drop is maintained across the manhole. 2.6.2 Curved inverts shall be constructed of concrete, as shown in the Standard Details, and shall form a smooth, even, half pipe section as shown. Precast inverts may be used, however, no large "bowls" shall be permitted in the center of the manhole. To alleviate this problem, the invert shall be grouted to form smooth, uniform inverts as shown in the Standard Details. 0.1 foot drop shall be maintained across the manhole. 3. Manhole Frames and Covers 3.1 Standard Frames and Covers 3.1.1 Manhole castings shall consist of cast -iron frames and solid covers with non - penetrating pick holes and O -ring gaskets. Covers shall be set neatly in the frame, with edges machined for even bearing, and top flush with the edge of the frame, with frames set to proper grade. The O -ring shall be in a dovetail groove with a loose O -ring that is not under tension or compression. Frame and cover shall be traffic bearing type, and shall have the words "Collier County Sanitary Sewer" plainly visible. Manhole frames and covers shall be made of cast iron of superior quality and of even texture. The iron shall possess a tensile strength of not less than 18,000 psi. The combined weight of frame and cover shall be approximately 325 pounds. When used in a paved street, the ring and cover shall be set in suitable mortar flush with finished street grade so as to provide drainage away from the manhole and 2 1/2" above finished grade in grassed areas. Manhole frames shall be adjusted to finished grade through the use of precast concrete riser WS- CA43 -6 07/23/03 16 C5 rings, or where approved by the Project Manager, red clay bricks. At no time will more than one (1) course of brick be utilized in making the adjustment. If adjustment exceeds this limit, then concrete riser rings shall be utilized in conjunction with the brick. Each concrete ring shall be set in a bed of mortar to insure a proper bond and seal between successive concrete rings. 4. Sewer Service Connections 4.1 Materials, Construction 4.1.1 All sewer service connections shall be of SDR 35 PVC as specified in Section 1.2 of Part (3), with elastomeric gaskets on pipe and fittings. 4.1.2 Service lines shall be connected to the sewer mains by means of a PVC wye fitting. The service branch of the wye fitting will be elevated depending on the depth of the sewer and the elevation of the property to be served. Forty -five degree (45 °) bends or other fittings shall be used to connect the service line at the wye branch. Service lines shall be installed at such grades as will adequately serve the properties, minimum 1% slope. 4.1.3 Service lines shall extend from the sewer to the property line and be plugged. Plugs shall be plastic with sealer. Service lines shall be six inches (6 ") for single residential properties and six inches (6 ") pipe and larger for commercial, industrial, and multiple residential services. Tracer tape and markers shall be installed at the end of each service or opposite wyes and locations recorded. Service lines will have a minimum of three feet (3') and a maximum of five feet (5') of cover at the property line. Service will be provided to each lot. All laterals shall have a vertical clean out installed at the property line. Clean outs shall extend 24 inches (24 ") above grade and should be capped. After final connection of the lateral to a structure the clean out shall be cut off at grade and capped. 5. Valves and Fittings on Pressure Lines All plug, gate, check and air release valves shall be American made, cast and assembled. 5.1 Gate Valves - 4" through 24" 5.1.1 Valves shall conform to the latest revision of AWWA Standard C509 or C515 covering resilient seated gate valves. 5.1.2 The valves shall be cast iron or ductile iron body with non -rising stem (NRS) opening by turning stem counterclockwise and provided with two inches (2 ") square operating nut with the word "Open" and an "Arrow" cast in the metal to indicate direction to open. Valve nuts shall be no more than 30" underground. WS- CA43 -7 07/23/03 C5 5.1.3 The wedge shall be of cast iron completely encapsulated with urethane rubber. The urethane sealing rubber shall be permanently bonded to the cast iron wedge to meet ASTM tests for rubber metal bond ASTM D429. 5.1.4 Stems for NRS assemblies shall be cast bronze with integral collars in full compliance with AWWA. OS &Y stems shall be on bronze bar stock. The NRS stem stuffing box shall be the O -ring seal type with two (2) rings located above thrust collar; the two (2) rings shall be replaceable with valve fully open and subjected to full rated working pressure. The design and machining of valves shall be such as to permit the replacement of O- ring(s) without undue leakage while the valves are wide open and in service. 5.1.5 All valves shall have a safe working pressure of 200 psi. 5.1.6 There shall be two (2) low torque thrust bearings located above and below the stem collar. The stem nut shall be independent of the wedge and shall be made of solid bronze. There shall be a smooth unobstructed waterway free of all pockets, cavities and depressions in the seat area. 5.1.7 The body and bonnet shall be coated with fusion bonded epoxy both interior and exterior. Each valve shall have maker's name, pressure rating, and year in which manufactured cast on the body. Prior to shipment from factory, each valve shall be tested by hydrostatic pressure equal to twice the specified working pressure. Valves with prior year manufacture dates shall not be used. 5.1.8 Gate valves shall be American Darling, Clow, U.S. Pipe or Kennedy. 5.2 Air Release Valves 5.2.1 Air release valves shall be of the single housing style that combines the operation features of both an air /vacuum and air release valve. 5.2.2 The air /vacuum valve shall automatically exhaust large quantities of air during the filling of the pipeline and automatically allows air to re -enter the pipeline when the internal pressure of the pipeline approaches a negative value due to column separation, draining of the pipeline or other event. The air release port shall automatically release small pockets of air from the pipeline while the pipeline is in operation and under pressure. 5.2.3 The air release valve shall have a maximum working pressure between 150 and 225 psi, unless otherwise indicated on the drawings, and shall have been tested at the pressure not less than 300 psi. 5.2.4 The materials of construction shall be: Body, cover, and baffle of cast iron; float and all other trim shall be of stainless steel with the exception of Buna -N seat: No plastic parts shall be accepted. WS- CA43 -8 07/23/03 16C5 5.2.5 Air release valves shall be Empire Specialty Company Model 929, Valmatic Model 48SBW or equal for raw sewage and Empire 945 or equal for effluent.. 5.2.6 Two -inch (2 ") NPT inlet and one -half inch (1/2) outlet shall be provided unless otherwise noted on the drawings. 5.3 Plug Valves Y� 5..3.1 Plug valves shall be used in all lift stations and on all sanitary sewer force mains. 5.3.2 Plug valves shall be manually actuated straight way valves of the non - lubricated, eccentric type with resilient faced plugs and joint ends to match the pipe. Port areas shall be at least eighty percent (80%) of the full pipe area. 5.33 Bodies shall be semi -steel with raised seats. The face of the seats shall be of nickel or rust - resistant alloy. Upper and lower plug stem bushings shall be of stainless steel and permanently lubricated. Valves shall be of the bolted bonnet design. Packing on valves shall be adjustable and valves designed for recapping without removing bonnet from the valve. Exposed nuts, bolts, springs, and washers shall be zinc plated. Valves shall be suitable for controlling sewage. 5.3.4 All valves in lift stations shall be provided with hand wheel operating nuts, turning counterclockwise to open. Valves on force mains not in lift stations shall be provided with two inch (2 ") inch square bronze operating nuts, with "Open" and an "Arrow" cast thereon and shall be no more than 30" underground. Valves shall be manufactured by DeZurik or approved equal. When making a hot tap to an existing system, use resilient seat gate valves as per AWWA C -509. 5.3.5 All valves shall have a safe working pressure of 200 psi. 5.3.6 Valve exterior shall be painted with red oxide phenolic primer paint. 5.4 Check Valves 5.4.1 All check valve bodies shall be cast iron per ASTM A126 Class B, having integral (not Wafer) flanges. 5.4.2 The seat shall be centrifugally cast bronze with an O -ring seal and be locked in place with stainless steel lock screws and be field replaceable, without the use of special tools. 5.4.3 The shaft shall be single and continuous stainless steel, extending both sides of t he body with a lever and weight, using an air cushion cylinder, side mounted. WS- CA43 -9 07/23/03 16C5 5.4.4 The air cushion cylinder shall be constructed of corrosion- resistant material and the piston shall be totally enclosed within the cylinder and not open at one end. The air cushion cylinder assembly shall be externally attached to either or both sides of the valve body and will permit adjustability to cushion the closure of the valve. Cushioning shall be by air trapped in the cushion cylinder, which shall be fitted with a one -way adjustable control check valve to cushion disc contact to the seat at the shut -off point. The bottom cylinder head shall be swivel mounted and not rigid to follow the change of force angles as the lever raises or lowers to open . or close the check valve. Valve shall prevent backflow on normal pump shut -off or power failure, at zero velocity, and be watertight. 5.4.5 The disc shall be cast iron utilizing a double clevice hinge connected to a Ductile iron disc arm. The disc arm assembly shall be suspended from a stainless steel shaft, which passes through a seal retainer on both sides of the valve body. 5.4.6 Valve exterior shall be painted with Red Oxide Phenolic Primer Paint. Materials shall be certified to the following ASTM specifications: Body, cover, disc Cast Iron ASTM A126, Class B Disc arm Ductile Iron ASTM A536 Seat Aluminum bronze ASTM B148 or Stainless steel ASTM A276 Disc seat Buna -N or metal Cushion cylinder Corrosion- resistant Commercial material 5.5 Sewer Valve Boxes 5.5.1 Construction of Boxes: Valve boxes shall be cast iron from the valve to finished grade, of the Roadway Extension type of proper length and base size with suitable detachable cover and shall be coated inside and out with asphaltum paint. Valve boxes shall be Dewey Brothers VBX -TE 100 (6 5/16" cover) or approved equal. Valve boxes shall be made of close - grained, gray cast iron in three (3) pieces, as follows: a) The lower of base pieces, which shall be beveled at the bottom to fit around the stuffing -box gland, but must not rest on the valve bonnet or gear disc after installation. WS- CA43 -10 07/23/03 - 16C5 b) The upper barrel, which shall be flanged on the lower end and of such size as to telescope over the lower base piece; the upper end being constructed in the form of a socket to receive the valve box cover. C) The valve box cover, which shall have cast on the upper surface in raised letters, the word "sewer ". 5.5.2 Valve Box Adjustment: All valve boxes shall be set plumb over the valve with the valve nut centered therein. The contractor shall adjust valve boxes to final grade at the time designated by the Project Manager. As shown on the Standard Details, the Contractor shall build a reinforced concrete collar 18" x 18" x 6" around the valve box head in pavement, flush to the grade of the top of the box. In unpaved areas, a similar concrete collar shall be poured with the top flush with the surrounding ground level. No extra payment shall be made for this item. 6. Tracer Tape 6.1 Three inch (3") wide metallized warning tape, color green, marked "Caution - Sewer Line Below" shall be installed in the ditch over the force main pipe and shall be twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 6.2 Three inch (3") wide metallized warning tape, color orange, marked "Caution — Non - Potable Water Line Below" shall be installed in the ditch over the effluent pipe and twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 7. Electronic Markers 7.1 Electronic markers shall be installed in the trench six inches (6 ") above the force main or effluent pipe at all bends or changes in alignment and every 250 feet - along the pipe between bends. The markers shall be "Omni Marker" Model 162 as manufactured by Radiodetection Corp. or Scotch Mark Model 1258 as manufactured by 3M Telecom Systems Group or approved equal. END W S- CA43 -11 07/23/03 ExMeRJ 16C5 PART (4) - TECHNICAL SPECIFICATIONS — GENERAL MATERIAL SPECIFICATIONS FOR INSTALLATION OF PIPELINES 1. Concrete and Cement 1.1 Cement 1.1.1 Portland Cement shall be of a standard brand and shall conform to the requirements of ASTM C150- latest edition, except as hereinafter stated. One bag of cement shall be considered as weighing ninety -four (94) pounds. Type I shall be used unless higher cement is specified, in which event Type III shall be used. For Type I, the maximum amount of tricalcium silicate shall be sixty (60) percent. Cement may be shipped either in paper or cloth sacks and the package shall have the brand and name of manufacturer plainly marked on the outside. All cement shall be stored in weatherproof buildings in such a manner as will prevent absorption of moisture by the lower layers. Shipment shall be segregated by lot for identification. Type I cement which has been in storage more than ninety (90) days shall be re- tested before use. Where carload shipments are used, a certificate from an approved testing laboratory shall be submitted prior to use of such cement on the job. 1.2 Fine Aggregate 1.2.1 Composition: Fine aggregate shall consist of natural sand and shall be graded from coarse to fine within the following limits shown on Table I.1. Sand failing to meet the minimum requirement for material passing the Number 50 and/or Number 100 Sieve may be used, provided other satisfactory inorganic fine materials are added. If two sands are used, each must be mixed, after separate weighing, in proportions as set by the Project Manager. TABLE I.1 U.S. Standard Percent of Total by Square Opening Sieve ieve Weight Passing Min. Max. No. 4 97 100 - No. 8 80 100 No. 30 25 75 No. 50 10 30 No. 100 2 10 No. 200 (By Washing) 0 4 WS-CA-J4-1 07/23/03 1.2.2 Stockpiling: Fine aggregate shall be stored on a well - drained site, which has16C5 been cleared, grubbed and cleaned. Stockpiles shall be built up so as to prevent segregation of large and small particles. 1.2.3 Unsuitable Materials in Fine Aggregate: Not more than one percent (1 %) by weight of clay lumps or soft, disintegrated or coated grains shall be present in the fine aggregate. It shall also be free from foreign material such as dirt, wood, paper, burlap, or other unsuitable material. When tested in accordance with AASHTO T- 21 -27, it shall show a color not darker than standard. When tested for mortar strength in accordance with AASHTO T- 71 -38, the fine aggregate shall have a tensile strength at three (3) days (Type III), or at seven (7) days, (Type I); not less than 95 percent of that developed by mortar having.the same water - cement ratio and consistency, made of the same cement and graded Ottawa Sand having a fineness modulus of 2.40, plus or minus 0.05. 1.3 Coarse Aggregate 1.3.1 Composition: Coarse aggregate shall consist of crushed stone. It shall be washed to remove clay, loam and dust. At his discretion, the Project Manager may waive the washing requirement for stone having a loss of not more than thirty per cent (30 %) when tested in accordance with the provisions of AASHTO T- 96 -38. 1.3.2 Unsuitable Material in Coarse Aggregate: The coarse aggregate shall not contain more than the following percentages of deleterious material: Soft Fibrous, Disintegrated Particles (Weight) 3.0% Clay Lump (Weight) •2% Finer Than No. 200 Sieve (Weight) .5% Flat or Elongated Particles (Count) 10.0% When subjected to AASHTO Test T- 96 -38, the aggregate shall have a loss not greater than sixty -five percent (65 %). Aggregate shall be free from loam, wood, leaves, or other foreign material. 1.3.3 Gradation: For unreinforced foundations, for paving or for other unreinforced mass concrete, the gradation of coarse aggregate shall be as shown in Table I.2. For reinforced footings, reinforced walls over 6" in thickness, ordinary floor slabs and similar structures, the gradation shall be as shown on Table I.3. For handrails, reinforced walls, thin reinforced floor slabs electrical conduit encasement, and similar construction, the gradation shall be as shown on Table I.4. W S- CA44 -2 07/23/03 TABLE I.2 Passing Square Opening Sieve ieve 2'h Inch 2 Inch 1 Inch '/s Inch No. 4 TABLE I.3 Passing Square Onenine Sieve 1' /z Inch 1 Inch 'h Inch No. 4 No. 8 TABLE I.4 Passing Square Opening Sieve 1 Inch 3/4 Inch 3/8 Inch No. 4 No. 8 Percent By Weight -100 95-100 35- 70 10- 30 0- 5 Percent By Weight -100 90-100 25- 60 0- 10 0- 5 Percent By Weight -100 90-100 20- 55 0- 10 0- 5 =I 1.3.4 Stockpiles: Stockpiles shall be constructed in layers not exceeding three feet (T) in height, and material shall be deposited in such manner as to prevent segregation of coarse and fine materials. Each type of aggregate shall be placed in a separate stockpile. Stockpile sites shall be cleared, grubbed and drained before using. WS- CA -J4 -3 07/23/03 1.4 Water 16C5 1.4.1 Water shall be clean and free from salt, oil or organic substances. Laboratory tests shall be made to determine suitability of any water for use in concrete unless it is secured from a public water supply. 1.5 Concrete Classification 1.5.1 Concrete shall contain cement, coarse aggregate, and fine aggregate meeting the Specifications contained in previous paragraphs of this Part. Unless otherwise specified or shown in the plans, the design strength of the several elements included in the plans shall be: a) Four thousand (4,000) pounds minimum compressive strength per square inch at twenty -eight (28) days for all piers, reinforced walls, floors, slabs, and other special sections where specifically shown on the plans or Standard Details. b) Two thousand five hundred (2,500) pounds minimum compressive strength per square inch at twenty -eight (28) days for all blocking, reinforced footings, for retaining walls not subject to hydrostatic pressure, or where specifically shown on the plans or shown in the Standard Details. 1.6 Concrete Proportioning 1.6.1 Concrete aggregate shall be proportioned by weight. When the sources of supply shall have been determined by the Contractor and approved by the Project Manager, the mix shall be set by an approved testing laboratory. Mix shall be designed for a "slump" suitable for the character of structure in which the concrete is to be incorporated. All concrete shall be as specified above in paragraph 1.5.1. 1.6.2 After a suitable designed mix has been approved by the Project Manager, it shall not be changed so long as materials of the same characteristics are used in the mix. Within the limits of the various cement factors shown above, the mix shall be varied until the homogenous workable mixture, suitable for the class of structure intended, has been obtained. 1.7 Concrete Mixing 1.7.1 Concrete mixing shall be by means of a modern batch mixer equipped with an accurately operating water measuring device and an automatic time locking device. WS- CA44 -4 07/23/03 1.7.2 Where a central batching plant is not operated, each mixer must have 16C5 available an approved portable weighing device for use in proportioning. Each batch shall be mixed for one and one -half (11 /z) minutes after charging has been completed, and during such mixing period, that drum shall operate with a peripheral speed of not less than one - hundred and fifty -three (153), nor more than two - hundred and twenty -five (225) feet per minute. The number of revolutions per minute shall be between fourteen (14) and twenty (20). Retempering concrete or use of concrete in which initial set has taken place will not be allowed. Transit mixed concrete from an approved batching plant and suitable truck mixer may be approved by the Project Manager. 1.8 Forms 1.8.1 Forms for concrete work may be of dressed lumber, plywood, metal or a combination thereof as may be approved by the Project Manager. Where dressed lumber is used, the boards shall be surfaced both sides with tongue and groove edges, and for forms exceeding four feet (4') in height, the thickness of individual boards shall not be less than one and one - quarter (11 /a) inches dressed. Forms shall be constructed mortar tight and with sufficient supports, walls and bracing to hold the concrete in line and shape without bulging. 1.8.2 Forms shall be held together by form ties so arranged as to permit the ends of the bolts to be removed to a depth of at least one and one -half (11 /2) inches beneath the surface of the concrete. The cavity, so formed, shall be filled as soon as possible with cement mortar proportioned so as to blend in with color and bond to the remaining portion of the wall. On thin walls not subject to hydrostatic pressure, wiring of forms will be permitted. 1.8.3 Forms for walls, basins, flumes or other exposed structures having straight outlines, shall be erected and set so as to be true in alignment and braced sufficiently to remain in that condition throughout pouring of concrete. Corners and edges shall finish true and plumb, and curved surfaces and edges shall finish true to radius. Concrete of the highest grade and form, only, will be acceptable. 1.8.4 Where forms are to be reused, they shall be cleaned thoroughly after dismantling, coated with form release agent and stored to prevent warping and twisting. W S- CA44 -5 07/23/03 1.9 Reinforcing Steel 16C5 1.9.1 All steel for reinforcement bars shall be billet steel, open hearth of intermediate grade, having a tensile strength of not less than sixty thousand (60,000) pounds per square inch. For bars under three - fourths inch (3/4 ") in diameter, the bend test requirements shall be that the bar shall be bent cold one hundred and eighty (180) degrees around a pin having a diameter three (3) times that of the bar under test, without evidence of breaking. For bars three -fourth inch (3/4 ") in diameter and over, the bend test requirements shall be that the bar shall be bent cold ninety degrees (90 °) around a pin having a diameter three (3) times the diameter of the bar under test without evidence of cracking. 1.9.2 Bars shall conform in every respect to ASTM Specification A615 latest revision, for billet steel reinforcements, intermediate grade. 1.9.3 Deformed bars must be used. Bars deformed by cold twisting or bars from rerolled stock will not be acceptable, except by special permission of the Project Manager. The Contractor's Bid shall be based on reinforcement steel as specified, not on steel from rerolled stock. 1.9.4 Reinforcement steel bars must be kept in racks off the ground and classified by numbers until used. Bars must be wire brushed clean of mill scales, dirt, etc., before being placed in the forms. Where the epoxy coating is damaged, steel shall be rejected. 1.9.5 Bars for girders may be made up in unit frames. All bars shall be of sufficient length to extend through the full length of slabs and girders, and all joints shall be made over supports and by lapping for a length of at least forty (40) diameters. No welding of bars will be permitted. 1.9.6 The brand of manufacturer shall be legibly rolled on all bars, and when loaded for mill shipment, all bars shall be properly separated and tagged with manufacturer's test identification number. 1.9.7 All steel bars shall be epoxy coated unless otherwise noted. 2. Special Provision for Spiral Welded or Smooth Wall Pipe Encasements 2.1 Casing pipe shall be smooth walled or spiral welded new prime steel conforming to the requirements of ASTM A -139. Size and wall thickness of smooth wall or spiral welded encasement pipe for boring and jacking, unless otherwise specified, is shown on Table I.5. WS- CA44 -6 07/23/03 TABLE I.5 Pipe Sizes (O.D.) 12 3/4" 16" 18" 20" 24" 30" 36" 48" 3. Embedment Materials 3.1 Classification 16C5 Wall Thickness .188 .250 .250 .250 .250 .312 .375 .432 3.1.1 Embedment materials listed here include a number of processed materials plus the soil types defined according to the Unified Soil Classification System (USCS) in ASTM D2487. These materials are grouped into five (5) broad categories according to their suitability for this application. 3.1.2 Class I: Angular, one - quarter inch (1/4 ") to one and one -half inch (1' /z ") (6 to 40 mm) graded stone, including a number of fill materials that have regional significance such as coral, slag, cinders, crushed shells and crushed stone. (Note: The size range and resulting high void ratio of Class I material makes it suitable for use to dewater trenches during pipe installation. This permeable characteristic dictates that its use be limited to locations where pipe support will not be lost by migration of fine grained natural material from the trench walls and bottom or migration of other embedment materials into the Class I material. When such migration is possible, the material's minimum size range should be reduced to finer than one - quarter inch (1/4 ") (6 mm) and the gradation properly designed to limit the size of the voids. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration to fines.) 3.1.3 Class II: Coarse sands and gravels with maximum particle size of one and one -half inches (11 /z ") (40 mm), including variously graded sands and gravels containing small percentages of fines, generally granular and non - cohesive, either wet or dry. Soil Types GW, GP, SW and SP are included in this class. (Note: Sands and gravels, which are clean or borderline between clean and with fines, should be included. Coarse - grained soils with less than twelve percent (12 %), but more than five percent (5 %) fines are neglected in ASTM D2487 and the USCS, but should be included. The gradation of Class II material influences its density and pipe support strength when loosely placed. WS- CA44 -7 07123/03 The gradation of Class II material may be critical to the pipe support and 16C5 g y stability of the foundation and embedment, if the material is imported and is not native to the trench excavation. A gradation other than well graded, such as uniformly graded or gap graded, may permit loss of support by migration into void spaces of a finer grained natural material from the trench wall and bottom. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration of fines.) 3.1.4 Class III: Fine sand and clayey (clay filled) gravels, including fine sands, sand -clay mixtures and gravel -clay mixtures. Soil Types GM, GC, SM and SC are included in this class. 3.1.5 Class IV: Silt, silty clays and clays, including inorganic clays and silts of medium to high plasticity and liquid limits. Soil Types MH, ML, CH and CL are included in this class. (Note: Caution shall be used in the design and selection of the degree and method of compaction for Class IV soils because of the difficulty in properly controlling the moisture content under field conditions. Some Class IV soils with medium to high plasticity and with liquid limits greater than fifty percent (50 %) (CH, MH, CH -MH) exhibit reduced strength when wet and should only be used for bedding, haunching and initial backfill in and locations where the pipe embedment will not be saturated by groundwater, rainfall or exfiltration from the pipe. Class IV soils with low to medium plasticity and with liquid limits lower than fifty percent (50 %) (CL, ML, CL -ML) also require careful consideration in design and installation to control moisture content, but need not be restricted in use to and locations.) 3. 1.6 Class V: This class includes the organic soils OL, OH and PT as well as soils containing frozen earth, debris, rocks larger than one and one -half inches (1' /z ") (40 mm) in diameter and other foreign materials. These materials shall not be used for bedding, haunching or backfill. 4. Roadway Materials 4.1 Limerock for Roadway Base 4.1.1 The limerock base course material shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, Section 911, Miami Oolitic Formation. WS- CA44 -8 07/23/03 4.2 Prime Coat 16C5 ' 4.2.1 The material used for prime coat shall be cutback asphalt, meeting the requirements of Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, and all supplements thereto. The cover material for the prime coat shall be either sand (either bare or hot - asphalt coated) or screenings at the Contractor's option. The sand shall be nonplastic and free from any appreciable amount of silt, clay balls and root articles and from any noticeable sticks, trash, vegetation or other organic matter. Screenings shall be Miami Oolitic rock screenings meeting the specifications above. 4.3 Tack Coat 4.3.1 The tack coat shall be Emulsified Asphalt, meeting the requirements of Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, and all supplements thereto. 4.4 Asphaltic Concrete Type S -I or Type lI _ 4.4.1 Except when otherwise directed by the Transportation Department hot bituminous mixtures shall conform with Sections 330, 331, or 332 for Type S -1 or Type II Asphaltic Concrete Surface Course of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. The Contractor shall furnish sufficient proof that the named source of material supply to be used meets Florida Department of Transportation Road Specifications. The Project Manager may require additional tests from time to time and the Contractor shall furnish all material necessary for said tests. END WS- CA44 -9 07/23/03 155 EXHIBIT J PART (5) - TECHNICAL SPECIFICATIONS - EROSION AND SEDIMENTATION CONTROL 1. Erosion Control The method to be used in trench excavation and the equipment to be used for the purpose of erosion control is optional to the Contractor, unless otherwise noted in the plans or by local regulations. Consequently, an erosion control plan shall be prepared based upon the method to be used. It is the responsibility of the Contractor to prepare the erosion control plan, submit it to the Project Manager for review and comment, submit it for approval to the State and/or local authorities, prior to commencement of any land disturbing activities, and to provide the Project Manager with a copy of the approved plan. 2. Types of Controls 2.1 Location 2.1.1 The type of sedimentation and erosion control (SEC) devices to be employed on the project will depend on location and adjoining features of the land at that location. Unless noted on the plans, the Contractor shall construct SEC devices as directed by the Project Manager or deemed necessary by the Contractor. 2.2 Riprap Channel Construction Specifications 2.2.1 Clear the foundation of all trees, stumps, and roots. 2.2.2 Excavate the bottom and sides of the channel thirty inches (30 ") below grade at all points to allow for the placement of riprap as shown in the typical cross - section in the Standard Details. — 2.2.3 Install extra strength filter fabric on the bottom and sides of the channel foundation, placing the upstream fabric over the downstream fabric with at least a one foot (1.0') overlap on all joints. The fabric is to be securely held in place with metal pins. 2.2.4 Place riprap evenly to the lines and grades shown on the drawings and staked in the field. Riprap to be placed immediately following the installation of the filter fabric. 2.2.5 Riprap to meet specification for D.O.T. Class 2 Riprap. 2.2.6 Vegetate all disturbed areas following specifications shown in the vegetative plan. WS- CA45 -1 07/23/03 16C5 2.3 Road Stabilization Construction Specifications 2.3.1 Clear road bed and parking areas of all vegetation, roots and other objectionable material. 2.3.2 Provide surface drainage. 2.3.3 Spread six -inch (6 ") course of lime rock evenly over the full width of road and parking area and smooth to avoid depressions. 2.3.4 All disturbed areas adjoining roads and parking (as soon as grading is complete) shall be seeded or resodded in accordance with existing conditions prior to construction. 2.4 Temporary Sediment Trap Construction Specifications 2.4.1 Clear, grub and strip the area under the embankment of all vegetation and root mat. 2.4.2 Clear retention area to elevation as approved by the Project Manager. 2.4.3 Use fill material free of roots, woody vegetation and organic matter. Place fill in lifts not to exceed nine inches (9 ") and machine compact. 2.4.4 Construct dam and stone spillway to dimensions, slopes and elevations shown. 2.4.5 Ensure that the spillway crest is level and at least eighteen inches (18 ") below the top of the dam at all points. 2.4.6 Stone used for spillway section - Class "B" erosion control stone. 2.4.7 Stone used on inside spillway face to control drainage - #67 washed stone. 2.4.8 Extend stone outlet section to vegetated road ditch on zero grade with top elevation of stone level with bottom of drain. 2.4.9 Ensure that the top of the dam at all points is six inches (6 ") above natural surrounding ground. 2.4. 10 Stabilize the embankment and all disturbed area above the sediment pools as shown in the vegetation plan. WS- CA45 -2 07/23/03 16C5. 2.5 Sediment Fence Construction Specifications 2.5.1 Construct sediment fence on low side of topsoil stockpile to prevent sediment from being washed into the drainage system. Fence to extend around approximately seventy percent (70 %) of the perimeter of the stockpile. 2.5.2 Locate posts down slope of fabric to help support fencing. 2.5.3 Bury toe of fence approximately eight inches (8 ") deep to prevent undercutting. 2.5.4 When joints are necessary, securely fasten the fabric at a support post with overlap to the next post. 2.5.5 Filter fabric shall be of nylon, polyester, propylene or ethylene yarn with extra strength - 50 lb. /linear inch (minimum) - and with a flow rate of at least 0.3 gal /ft. /minute. Fabric should contain ultraviolet ray inhibitors and stabilizers. ~ 2.5.6 Post to be four inches (4 ") diameter pine with a minimum length of four feet (4'). 3. Siltation and Bank Erosion The Contractor shall take adequate precautions to minimize siltation and bank erosion in crossing canals or ditches, in discharging well point systems, or during other construction activities. WS- CA45 -3 07/23/03 - 16C5 EXHIBIT J PART (6) - TECHNICAL SPECIFICATIONS - RESTORATION -- 1. Excess Material Unless otherwise noted in these contract documents, excavated material in excess of the quantity required for backfill, if deemed usable by the Project Manager, shall be removed by the Contractor at Contractor's cost to a site designated by the Project Manager. All unusable material shall be disposed of at the Contractor's expense unless otherwise noted in these Contract Documents. Contractor shall not place unusable materials within the limits of the Right -of -Way unless so directed by the County Transportation Department. 2. Work in Right -of -Way Contractors performing work within the public Right -of -Way shall be responsible to protect, during construction, all existing vegetation and facilities not authorized to be removed. Contractor shall be responsible for acquiring all state and local right -of -way permits. Contractor shall be responsible for restoring all vegetation or facilities damaged during construction. 3. Tree Cutting The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. This includes methods such as the use of herbicides. The necessary trimming or cutting of trees by Contractor in the interest of public safety or continuity of facility service shall not be considered indiscriminate where such facilities cannot bypass the obstruction without violating the minimum clearance requirements. 4. Sidewalk/Driveway Replacement 4.1 Materials Sidewalk/driveway repairs shall be done using materials matching those disturbed -- during construction. Rock, asphalt, concrete, etc. shall be as specified in Exhibit J, Part (4) of the contract documents. 4. 1.1 Grassing Grassing, mulching, and watering operations when required are to begin within three (3) weeks after completion of construction or as otherwise directed and shall be continually watered until growth is initiated or until sufficient local shower activity will ensure growth. All requirements regarding grassing, mulching and watering shall be in accordance with the Florida Department of Transportation WS- CA46 -1 07/23/03 Standard Specifications for Road and Bridge Construction, latest revision or as otherwise stipulated. Any yards or parts or right -of -way in front of private property that contains a grass mat shall be resodded with similar type sod. 4.1.2 Concrete sidewalks/bikeways shall be a minimum of four inches (4 ") thick, except that alley intersections and driveways shall be six inches (6 ") thick. All concrete sidewalk/bikeway work shall be in conformance with Section 522 (Concrete Sidewalks), of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. 4.1.3 Asphalt sidewalks/bikeways or access paths where authorized shall be constructed to specifications established by the Transportation Department, but shall be no less than six inches (6 ") of compacted limerock base over a stabilized subgrade, primed and surfaced with a minimum of one inch (I") of Type II asphaltic concrete. 4.2 Public Safety (during construction, alteration or repair) 4.2.1 In areas of high vehicular traffic, the contractor shall provide a safe walkway around the work area. 4.2.2 Barricades or other barriers shall be used to prevent any possibility of injury to the public caused by the contractor's work. 4.2.3 Walk areas around the work areas shall be kept clean of sand, stones, and any other material that could cause a pedestrian accident. 4.2.4 Work areas left overnight shall be barricaded. The Transportation Department may require the contractor to install flashing warning lights in warranted areas. 5. Pavement Cutting and Replacement 5.1 Road Pavement Cutting - Open Cuts 5.1.1 Unless otherwise noted on the drawings, and/or in accordance with the right -of- way permit, open cutting of existing pavement will generally not be allowed, but may be considered under one or more of the following conditions: a) Subsurface obstructions including rock. b) Extreme high water table. c) Limited space for jack and bore pits. d) Condition of roadway surface - including imminent resurfacing and rebuilding, provided inspection and approval beforehand is made by the affected Transportation Department; e) Extreme economic hardship is proven with adequate supportive data. 5.1.2 Where an open cut has been permitted, replacement of backfill, base and wearing WS- CA46 -2 07/23/03 surface shall be in accordance with the Standard Details (for both paved and 16C5 -" unpaved roads) and/or special stipulations of the right -of -way permit. 5.1.3 Limerock from a Florida Department of Transportation approved pit shall be on the job site during open cutting. When the specified compacted limerock base is greater than six inches (6 "), the base shall be constructed in two (2) or more lifts. 5.2 Temporary Restoration 5.2.1 If the restoration is incomplete at the end of the day, the trench shall be backfilled and made flush with existing pavement edges. Temporary asphaltic patches are permitted when restoration of the road is incomplete at the end of the day, but only with the approval of the Transportation Department. If approval is given for " -" a temporary patch, the cut shall be properly backfilled, with compaction meeting the density requirements specified, primed, then the cold or hot mix asphaltic patch applied. At such time when the conditions are corrected, the temporary cold or hot mix asphaltic patch used shall then be removed and the final asphaltic overlay shall be evenly applied, as required. The temporary patch may be utilized for a period from the commencement of the open cut, not to exceed ninety (90) days for each cut. 5.2.2 Upon backfill and completion of the base, if the hot mix asphalt is not immediately placed and when authorized a temporary cold or hot mix asphaltic patch with a smooth all- weather surface may be utilized. 5.2.3 Before a lane is open to traffic, an asphaltic patch must be provided where applicable. 5.3 Conditions of Open Cuts (if permitted) 5.3.1 On dead end streets, collector streets, and high traffic streets, trenching and pipe laying shall be performed in such a manner that at least one -way traffic is maintained at all times. 5.3.2 All trench lines across existing pavements, driveways, sidewalks, curbs, etc., shall be saw cut in straight parallel lines. 5.3.3 Contractor shall exercise care to minimize amount of pavement, sidewalk, driveways, and curbing to be removed. The final decision as to the amount of removal allowed shall rest with the Project Manager. 5.3.4 Pavement shall not be left unrepaired overnight. If Contractor wishes to repave all damaged areas at one time, and such request is approved by the Project Manager, a cold patch mix shall be utilized immediately until final pavement restoration. WS- CA46 -3 07/23/03 6. Paving 6.1 Limitation of Operations 6.1.1 Asphaltic Concrete shall be placed in accordance with FDOT SPEC Section 330. 6.1.2 Asphalt plant and placement operations shall not commence during periods of adverse weather. The mix shall be spread only on prepared, firm, and dry surfaces. Temperature shall be above forty degrees (40 0)F and winds shall not be of velocity to cause blowing sand, dust, etc., to deposit upon the application surface. 6.1.3 Temperature - Temperature of the mixture at time of spreading shall be between 275 °F and 350 °F. All other mixture temperatures will be rejected. 6.1.4 Rain and Surface Conditions - Any mixture caught in transit by a sudden rain may be laid, but at the Contractor's risk. Should such mixture prove unsatisfactory, it shall be removed and replaced with satisfactory mixture at the Contractor's expense. In no case shall the mixture be laid while rain is falling or when there is water on the surface to be covered. 6.2 Preparation of Surfaces 6.2.1 Prior to the laying of the mixture the edges of the area to be patched shall be saw cut in smooth, straight lines. 6.2.2 The surface of the base or pavement to be covered shall be cleaned of all loose and/or organic material. Any irregular areas shall be properly beveled or smoothed out. 6.2.3 All structures which will be in contact with the asphalt mixture shall be painted with a uniform tack coat of asphalt cement to provide a closely bonded, watertight joint. Tack coat shall be emulsified asphalt, meeting the requirements of Section 300 of the FDOT Standard Specifications for Road & Bridge Construction, latest edition and all supplements thereto. 6.2.4 A tack coat shall be required on the following surfaces: a) Between successive surface courses; b) Between successive leveling courses; C) Between the leveling and surface courses; and d) On old pavements to be patched or leveled. A tack coat on freshly primed surfaces or surface treatment will be required only when so directed by the Project Manager. W S- CA46 -4 07/23/03 16C5 6.3 Placing Asphalt 6.3.1 Asphalt patches shall be filled by hand or by mechanical means. In either case, rolling shall immediately follow. When using mechanical spreaders for overlays or strip patches, the following paragraphs (6.3.1.1 through 6.3.1.6) shall be adhered to. 6.3.1.1 All asphaltic concrete mixtures (including leveling courses), other than those adjacent to curb and gutter or other true edges, shall be laid with the use of string lines to assure an accurate, uniform alignment of the pavement edge. 6.3.1.2 Depth of each layer shall be checked at frequent intervals, not to exceed twenty - five feet (25'). Any deviation from the required thickness, in excess of the allowable tolerance, shall be immediately corrected. 6.3.1.3 No layer shall be greater than two inches (2 ") when compacted. Where a surface course is constructed to a thickness greater than two inches (2 "), it shall be constructed in approximately equal layers, each not exceeding two inches (2 "). 6.3.1.4 Laying Width: Where necessitated by traffic conditions, mixture shall be laid in strips in such manner as to provide for the passage of traffic. Where the road is closed to traffic, mixture may be laid to the full width, by machines traveling in parallel. 6.3.1.5 Spreading Finishing: Upon arrival, mixture shall be dumped into the approved mechanical spreader and immediately spread and struck off to the full width required and to such loose depth for each course that, when the work is _ completed, the required weight of mixture per square yard, or the specified thickness, will be secured. An excess amount of mixture shall be carried ahead of the screed at all times. Hand raking shall be done behind the spreader as necessary. 6.3.1.6 Correcting Defects: Before any rolling is started, the surface shall be checked, __. any irregularities adjusted, and all drippings, fat sandy accumulations from the screed, and fat spots from any source shall be removed and replaced with satisfactory material. No skin patching shall be done. When a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. - 6.4 Compaction 6.4.1 Compaction on small patches shall be accomplished through the use of five -ton - rollers, first rolling the edges of the patch, then following with the center of the patch to prevent upheaval or separation at the joints. Do not overroll. W S- CA46 -5 07/23/03 16C5. 6.4.2 When compacting overlays or longitudinal patches, the following equipment and sequences shall be used for each spreader in operation. Contractor shall furnish a separate set of rollers with their operators. Rolling shall be done in the following sequence, with the equipment as noted, unless otherwise permitted by the Project Manager. 6.4.2.1 Seal rollings, using tandem steel rollers weighing six and one half (6.5) to seventeen (17) tons, following as close behind the spreaders as is possible without pick -up, undue displacement or blistering of the material. On hot days, and where the asphalt material is too hot to roll without damage, some delay may be necessary. 6.4.2.2 Rolling with self - propelled pneumatic -tire rollers, following as close behind the seal rolling as the mix will permit. Roller shall cover every portion of the surface with at least five (5) passes. 6.4.2.3 Final rolling with the six and one half (6.5) to seventeen (17) ton tandem steel roller, to be done after the seal rolling and pneumatic tire rolling have been completed, but before the pavement temperature has dropped below 140 °F. 6.4.2.4 Contractor shall take note not to overroll pavement. 6.4.3 Compaction of Crossovers: When a separate paving machine is being used to pave pipe crossovers, compaction of the crossovers may be done by one eight (8) to ten (10) ton tandem steel roller. If crossovers and intersections with acceleration and deceleration lanes are placed with the main run of paving, a traffic roller shall also be used in the compaction of these areas. 6.4.4 Rolling Procedures 6.4.4.1 Rolling shall be longitudinal. Where the lane being placed is adjacent to a previously placed lane, center joint shall be pinched or rolled, prior to the rolling of the rest of the lane. 6.4.4.2 After the rolling or pinching of the center joint, rolling shall continue across the mat by overlapping each previous roller path by at least one -half the width of the roller wheel. The motion of the roller shall be slow enough to avoid displacement of the mixture, and any displacement shall be corrected at once by the use of rakes, and the addition of fresh mixture, if required. Final rolling shall be continued until all roller marks are eliminated. 6.4.5 Compaction of Areas Inaccessible to Rollers: Areas, which are inaccessible to a roller (such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc.), shall be compacted by the use of hand tamps or other approved satisfactory means. WS- CA46 -6 07123/03 6 C r 6.5 Protection of Finished Surface 6.5.1 Sections of newly compacted asphaltic concrete, which are to be covered by additional courses, shall be kept clean until the successive course is laid. 6.5.2 Upon completion of the finished pavement, no dumping of any material directly on the pavement will be permitted. When shoulders are constructed after completion of the final surface, blade graders operating adjacent to the pavement during construction shall have a two inch (2 ") by eight inch (8 ") (or larger) board (or other attachment providing essentially the same results) attached to their blades in such a manner that it extends below the blade edge, in order to protect the pavement surface from damage by the grader blade. Vehicular traffic shall not be permitted on any pavement, which has not set sufficiently to prevent rutting or other distortion. 6.6 Density Density Required for Asphaltic Concrete Pavement: After final compaction, the density shall be at least ninety -five (95 %) of the laboratory compacted density of the paving mixture. 6.7 Defects 6.7.1 Rollers shall not be allowed to deposit gasoline, oil or grease onto the pavement, and any areas damaged by such deposits shall be removed and replaced as directed by the Project Manager. 6.7.2 All drippings, fat or lean areas, and defective construction of any description shall be removed and replaced. 6.7.3 While rolling is in progress, surface shall be tested continuously and all discrepancies corrected to comply with the surface requirements. 6.7.4 Depressions, which develop before completion of the rolling, shall be remedied by loosening the mixture and adding new mixture to bring depressions to a true surface. Should depression remain after final compaction has been obtained, full depth of the mixture shall be removed and replaced with sufficient new mixture to form a true and even surface. All high spots, high joints and honeycomb shall be corrected as directed by the Project Manager. 6.7.5 Any mixture remaining unbonded after rolling shall be removed and replaced. Any mixture which becomes loose or broken, mixed or coated with dirt or in any - way defective, prior to laying the wearing course shall be removed and replaced with fresh mixture which shall be immediately compacted to conform with the surrounding area. WS- CA46 -7 07/23/03 a 16C5 6.7.6 Areas of defective surface may be repaired by the use of indirect heat. No method of repair involving open -flame heaters shall be used. 6.7.7 Any repairs required in this section shall be made at Contractor's expense. 7. Drainage Culvert Replacement 7.1 Replacement 7.1.1 All side drains, side ditches, swales, and storm sewers shall be referenced, by the contractor, as to grade and location prior to construction, maintained during construction, and repaired as necessary after construction. 7.1.2 Where drainage structures are disturbed and must be replaced, the minimum size replacement shall be twelve inches (12 "). 7.1.3 All drainage culverts installed shall have mitered ends in conformance with the Standard Details of these Contract Documents. 7.1.4 Contractor shall place the culvert to the specified elevations and regrade or reshape the swale and road shoulders that have been disturbed or damaged during construction. 7.2 Sodding Swales 7.2.1 In all flow areas, sod shall be placed to the proper grade and cross section to ensure the design flow of water in the ditch. In excavating for the placement of sod, a minimum three inches (3") undercut is to be provided. 8. Grassing 8.1 Specifications 8.1.1 All exposed ground surfaces that have been disturbed during construction shall be seeded in accordance with the following paragraphs. 8.1.1.1 Preparation of the soil: The soil shall be loosened and mixed to a depth of four inches (4 "). Suitable equipment meeting the approval of the Project Manager shall be used. This operation shall be accomplished by cutting on one foot (1') centers parallel to the contour of the slope. 8.1.1.2 Soil Improvements: Lime shall be applied at the rate of one to one and one half (1 to 11 /2) tons per acre. 10 -10 -10 commercial fertilizer shall be applied at the rate of 800 pounds per acre and well worked into the top inch of topsoil. WS- CA46 -8 07/23/03 _ 16C5 8.1.3 Seed Mixture and Sowing the Seed - All seed must have been tested within six (6) months of planting. A seed bag tag shall be submitted with final payment requests from each type or mixture of seed used. Seed mixtures shall be chosen to insure the development of the planting during the season of planting, and to insure future growth and permanence. 8.1.1.4 Mulching and Asphalt Tie -Down: All seeded areas will be mulched with one and one half (11/2) tons per acre of small grain straw spread uniformly, approximately one quarter (1 /a) of the ground should be visible to avoid smothering seedlings. Asphalt emulsion shall be used to anchor the straw applied at 150 gallons per ton of straw, where necessary. (Alternate methods may be used, if approved by the Project Manager.) 8.1.1.5 Maintenance: Care shall be taken to prevent run -off destruction to seeded area, and shall continue until turf is established. 8.1.1.6 Grassing, mulching, and watering operations when required are to begin within three (3) weeks after completion of construction or as otherwise directed, and shall be continually watered until growth is initiated or until sufficient local shower activity will ensure growth. All requirements regarding grassing, mulching and watering shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision or as otherwise stipulated. Any yards or parts of right -of -way in front of private property that contain a grass mat shall be resodded with similar type sod. _. 8.1.2 Guarantee: The Contractor shall guarantee a live and vigorous stand of permanent grass at the time of acceptance of the work consisting of 80% coverage minimum for seeded grass with no bare spots greater than five (5) square feet. 9. Removal and Replacement of Existing Lawns and Shrubbery 9.1 Removal of Vegetation 9.1.1 Removal and/or replacement of existing lawns and shrubbery shall be accomplished in so far as practicable in accordance with the desires of the property owner, and in all cases shall be acceptable to the Project Manager. Where possible, sod lawn areas shall be removed in one foot (1') square or rolled sections, carefully preserved, and replaced on a prepared top soil base after all other construction operations are completed. Sod shall be rolled and watered as necessary to establish growth. In areas where the turf is not adequately thick to be removed as sod, the entire area that is damaged shall be replaced with a six inch (6 ") layer of topsoil, fertilized, raked and seeded with the same grass as is predominant in the existing lawn. The finished surface must be smooth and uniform throughout. WS- CA46 -9 07/23/03 1605 9.1.2 Shrubbery shall be expertly removed and shall be carefully preserved for replanting. Adequate earth ball shall be removed to guard against damage to the root system. Shrubs shall be replanted only after all other construction operations are complete. The excavation made for replanting shall be six inches (6 ") larger in every dimension than the ball removed with the shrub. This additional space shall be filled with a mixture of one half topsoil and one half peat moss. Care shall be taken to set the top of the ball flush with the surrounding ground surface. Any shrubbery damaged due to negligence of the Contractor shall be replaced at his expense. 10. Setting Valves and Fittings 10.1 General 10.1.1 Valves, fittings, plugs and caps shall beset and jointed to pipe in the manner heretofore specified for cleaning, laying and jointing pipe. 10.1.2 Valves in water mains shall be located as shown on the drawings. 10.1.3 A valve box or masonry pit shall be provided for every valve. The valve box shall be centered and plumb over the wrench nut of the valve. It shall not transmit shock or stress to the valve. Valve box shall be two piece telescope type. 10. 1.4 All dead ends on new mains shall be terminated with a temporary blow -off or permanent fire hydrant. 11. Settlement of Trenches 11.1 Whenever water lines are in or cross driveways, paved areas or streets, the Contractor shall be responsible for any trench settlement which occurs within one year from the time of preliminary acceptance. 12. Restoration of Surfaces and/or Structures 12.1 The Contractor shall restore and/or replace paving, curbing, sidewalks, gutters, shrubbery, fences, sod or other disturbed surfaces or structures to a condition equal to that which existed before the work began to the satisfaction of the Project Manager. The Contractor shall furnish all labor, materials and incidentals. 13. County Ordinance 13.1 Not withstanding anything to the contrary in these Contract Documents, all work within the Right -of -Way shall be in conformance with Collier County Ordinance 82 -91, as amended. END WS- CA-J6 -10 07/23/03 16C5 EXHIBIT J PART (7) - TECHNICAL SPECIFICATIONS - GENERAL - 1. SEPARATION FROM OTHER PIPE SYSTEMS 1.1 Parallel Water and Sewer or Effluent Lines 1.1.1 Sanitary sewer lines, storm sewers or force mains shall be separated from water mains by a minimum clear vertical distance of eighteen inches (18 ") and a horizontal distance of ten feet (10' -0 "). Reclaimed water (effluent) mains shall be separated from water mains, gravity sewers or force mains by a minimum clear vertical distance of eighteen inches (18 ") and a horizontal distance of five feet (5' -0 ") center to center or three feet (3' -0 ") outside to outside. When this standard cannot be maintained, the sewer line shall be concrete encased for a distance of ten feet (10') each way from the water line and any other conduit, with a minimum vertical clearance of twelve inches (12 ") being provided at all times. 1.2 Crossing Water and Sewer Lines 1.2.1 Water mains crossing over a sewer shall be (bottom of water main to top of sewer) separated by at least eighteen inches (18 ") unless local conditions or barriers prevent an eighteen -inch (18 ") vertical separation. All crossings with vertical clearance less than eighteen inches (18 ") shall be made using sewer pipe thickness Class 200 AWWA C900 PVC pipe, and water pipe of Class 51 Ductile iron pipe, for a distance of ten feet (10') each side of the crossing. The gravity sewer pipe in these locations shall be backfilled with USCS Class I bedding stone _ to a height of 6 inches above the crown of the pipe. 1.2.2 When water mains cross under a sewer, both mains shall be constructed of C900 Class 200 PVC pipe with joints equivalent to water main standards for a distance of ten feet (10') on each side of the point of crossing with no intermediate joints. Additionally, a section of water main pipe shall be centered at the point of _ crossing. 2. FLUSHING AND DISINFECTION OF WATER MAINS 2.1 Flushing Mains _._ 2.1.1 All water lines shall be filled with potable water, pigged or swabbed, and flushed, under the supervision of Owner's personnel, via a full bore flush. All lines twelve (12) inches in diameter and larger shall be pigged to clear debris prior to full bore -- flushing. A section of pipe shall be inserted in the gap specified in the jumper shown in the Standard Details to connect the new construction to the existing facilities for the purpose of accomplishing the full -bore flush. After completion of the flush, the connection shall be removed. The facilities shall be capped and WS- CA47 -1 07/23/03 anal returned to the jumper connection shown m the Standard Details until f 16)9 connection is permitted by Owner at the completion of construction and after finalization of all test procedures and bacterial clearance for new water facilities. 2.2 Pressure Testing of Water Mains 2.2.1 Visual Examination Under Pressure: All exposed pipes, fittings, valves, hydrants, and joints will be carefully examined during the pressure test. All joints showing visible leaks shall be made tight. The pressure test shall be repeated until satisfactory to Owner. 2.2.2 All leaks evident at the surface shall be uncovered and repaired regardless of the total leakage as indicated by the test. All pipes, valves, and fittings and other materials found defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been reduced below the allowable amount. 2.2.3 Expelling Air Before Test: Before applying the specified test pressure, all air shall be expelled from the pipe. If hydrants or blow -offs are not available at the high places, taps shall be made to provide for air release valves. 2.2.4 The Contractor shall perform a pressure test of completed pressure mains. The Owner shall be notified of the test at least forty -eight (48) hours in advance and will observe the test. The test shall be conducted for a period of two (2) hours at 150 psi pressure. Test procedure and allowable leakage shall be as specified for the appropriate pipe system in either AWWA C600, Section 13, or Uni -Bell Plastic Pipe Association Handbook of PVC Pipe, Chapter VI, Inspection and Testing - Pressure Pipe. 2.2.5 Simultaneously with the leak test, a hydrostatic test shall be performed. Test pressures shall not vary more than 5 PSI, for the duration of the test in accordance with AWWA C600, Section 4. 1, Paragraph 4. 2.3 Disinfection of Water Mains 2.3.1 After installation, leakage and pressure tests and all repairs on the water line have been completed, and the water lines flushed clean, water containing not less than fifty parts per million (50 ppm) chlorine (preferably 75 - 100 ppm) shall be placed in the line and allowed to stand at least forty eight (48) hours. After forty -eight (48) hours, if the chlorine solution contains at least twenty five parts per million (25 ppm) of chlorine, the line may be flushed and samples taken at various points. 2.3.2 Chlorinating agent may be a chlorine gas -water mixture, calcium hypochlorite or chlorinated lime of known chlorine content, in water, and shall be fed through a suitable solution feed device located at or near the point from which the main is to be filled. Flow of both water and chlorine solution shall be at a slow rate and in WS- CA47 -2 07/23/03 16C5 such proportion that the required chlorine content is evenly distributed in the - main. Air pockets shall be eliminated and system pressure applied. Following chlorination, all water shall be flushed from the lines until replacement water has a chlorine content not more than 0.1 ppm in excess of the residual in the water from the supplying main. 2.4 Bacteriological Testing 2.4.1 Water samples for bacteriological examination shall be taken by the Owner after receiving adequate notice (at minimum, forty eight (48) hours) from the Contractor. The lines shall not be placed in service until a negative bacteriological report is received. TESTING OF GRAVITY SANITARY SEWER LINES 3.1 Watertight Construction 3.1.1 It is imperative that all sewers and force mains, manholes, and service connections be built watertight and that the Contractor adhere rigidly to the specifications for material and workmanship. Since of the water and sewage in the lines will be treated at the treatment plant, special care and attention must be given to securing watertight construction. After completion, the sewers or sections thereof will be tested and gauged. If infiltration or exfiltration is above the limits specified in Sections 3.4 and 3.5 below, the sewer construction work will be rejected. 3.2 Cleaning 3.2.1 Care shall be exercised during construction of the manhole to see that materials do not enter the sewer line. The invert and shelf of the manhole shall be kept clean of all mortar, broken brick, sand, or any other materials falling into the manhole. Such material shall be immediately removed. This condition shall be maintained until final acceptance of the work. Prior to testing of gravity sanitary sewer lines, the lines shall be thoroughly cleaned, using appropriate tools. 3.3 Gravity Sewers - Visual Inspections On completion of each block or section of sewer, or at such other times as the Project Manager may direct, the block or section of sewer is to be cleaned, tested and inspected. Each section of the sewer is to show, on examination from either end, a full circle of light between manholes. Each manhole, or other appurtenance to the system, shall be of the specified size and form, be watertight, neatly and substantially constructed, with the rim set permanently to design position and grade. All repairs shown necessary by the inspection are to be made; broken or cracked pipe replaced, all deposits removed and the sewers left true to line and grade, entirely clean and ready for use. WS- CA47 -3 07/23/03 t 3.4 Infiltration Limits 16C5 3.4.1 The Contractor shall provide the equipment necessary to check the lines for infiltration or exfiltration as directed by the Project Manager, before they are put in service. Infiltration in excess of fifty (50) gallons per day inch -mile of sewer will result in having the Contractor go over the lines, ascertain where the leakage exists, and repair the lines to the extent necessary to bring the infiltration down within acceptable limits. No test shall exceed one manhole to manhole section. Observable inflow is not permitted. 3.5 Exfiltration Limits 3.5.1 The length of sewer subject to an exfiltration test shall be the distance between two (2) adjacent manholes. The inlets of the upstream and downstream manholes shall be closed with watertight plugs and the test section filled with water until the elevation of the water in the upstream manhole is two (2) feet above the crown of the pipe in the line being tested, or two (2) feet above the existing groundwater in the trench, whichever is higher. A standpipe may be used instead of the upstream manhole for providing the pressure head when approved by the Project Manager. Exfiltration shall be measured by determining the amount of water required to maintain the initial water elevation for one (1) hour period from the start of the test. The maximum allowable leakage, including manholes, shall be 50 gallon per inch for diameter per mile of pipe per day. 3.6 Pipe Deflection Testing 3.6.1 Deflection testing shall be performed for all semi -rigid and flexible pipe eight inches (8 ") or larger in size. Deflection shall not exceed five percent (5 %) of nominal diameter (95% of the ASTM base inside diameter). Testing shall be conducted in the presence of the Project Manager and shall utilize a mandrel go /no -go gauge complete with proving ring. Mandrel shall be approved by the Project Manager for this test. Arm mandrels shall have a minimum of nine (9) arms. 3.7 Air Testing 3.7.1 Air testing shall be required if, in the opinion of the Project Manager, conditions are such that infiltration measurements may be inconclusive. The test shall be conducted in the presence of the Project Manager and shall conform to the following requirements: a) Test pressure shall be 3.5 psi increased by the groundwater pressure above the top of the sewer. WS- CA47 -4 07/23/03 16C5 b) Pressure loss from 3.5 to 3.0 psi shall not exceed 0.5 psi during the required testing time. C) Testing time in minutes shall be calculated as 0.625 x nominal pipe size (inches). 3.7.2 Force Main Pressure Testing All force mains shall be subject to pressure testing at the following standards: - System Operating Pressure Test pressure Duration 50 PSI or less 100 PSI 2 hours Greater than 50 PSI 150 PSI or 2 2 hours _ times the operating pressure, whichever is greater. Allowable leakage on force mains shall be computed utilizing the standards for water loss in conformance with AWWA C600, the latest revision thereof. 3.7.3 Concurrently with the leakage test a hydrostatic test shall be performed using the 5 PSI, as specified in AWWA C600, see 4.1 Paragraph 4. 3.8 Gravity Sewer - Television Inspection Complete television inspection shall be required at the Contractor's expense prior to the project's preliminary acceptance inspection and at the one (1) year warranty inspection to ensure that the gravity sewer system is watertight and has no defects. Each section of line is to be videotaped in color on a standard high quality VHS tape and turned over to the Utilities Division Wastewater Department for review. The tape shall display data on pipe size, pipe type, invert depth, date, time, footage from manhole and location of main. All repairs shown necessary by this inspection are to be made; any broken or cracked pipe replaced and all deposits removed, leaving the sewers clean and ready for service. All joints or laterals shown to be leaking shall be excavated and repaired or sealed with an approved grout as supplied by Cues, Inc. Any time a line is repaired or sealed, a reinspection is required to ensure that the sewer is free of any leaks or defects. _. Any defective work or necessary correction shown during television inspections during construction must be corrected by the Contractor, at his expense, before the lines will be accepted by the County or appropriate Water Sewer District and - placed into service. All corrective measures required and identified during warranty inspections must be accomplished by the Contractor, at his expense, before final release of the Performance Bond provided for the construction. WS- CA47 -5 07/23/03 4. DISPOSAL OF SEWAGE 16C5 ' It shall be the Contractor's responsibility to so arrange and coordinate his work, activities, and forces to adequately handle and dispose of all sewage encountered in this work to the entire satisfaction of the Project Manager. The connection of new sewer force mains to existing force mains or new or existing sewer lines to manholes shall not be started until the sewage can be received in the system. Wherever it is necessary to handle or divert sewage during construction, Contractor shall submit a plan for such disposal to the Project Manager for approval. The equipment used must be adequate and in good condition to insure the handling of sewage and alleviate any possible health hazard. 5. PROTECTION OF WATER SYSTEM The Contractor will be required to take every precaution to guard against any or all damages to existing structures, pipe lines, and equipment of the water distribution system, from any cause whatsoever in the prosecution of the work. All work shall be planned and executed in such a manner by the Contractor as to absolutely insure the regular and continuous operation of the waterworks system insofar as same may be affected by the Contractor's operations; and the sequence of operations of the Contractor in providing for and executing the work shall be at all times subject to the approval of the Project Manager, insofar as the operation of the above mentioned system may be affected. Such approval of the Project Manager shall in no way relieve the Contractor of his responsibility for providing all and adequate means of guaranteeing the continuous, uninterrupted operation of the waterworks system. Any damage to existing structures, or pipe lines, shall be the direct responsibility of the Contractor and such damage shall be restored, replaced, or repaired by Contractor at no expense to Owner. 6. ALIGNMENT AND GRADE All gravity sanitary sewer pipe shall be laid and maintained at the required lines and grades, with manholes and fittings at the required locations, and manhole rings and covers properly centered on the manholes. The lines and grades of the sanitary sewer lines may be determined by use of portable lasers or by stakes parallel to the line of the sanitary sewer and be set at such elevations that proper batter boards or grade boards can be set. The Contractor shall be responsible for the finished sanitary sewer being laid to exact and proper line and grade. WS- CA47 -6 07/23/03 - 16C5 7. DITCH/CANAL CROSSINGS 7.1 Permits 7.1.1 The Project Manager, with assistance from the Design Professional, will obtain - the necessary construction permits for ditch or canal crossings from appropriate authorities. Contractor shall not begin work on any ditch or canal crossing until a copy of the approved permit is received from the Project Manager. The work shall be subject to any additional requirements of the governing authority. 7.2 Crossings 7.2.1 Aerial Crossing Pipes spanning elevated pier crossings shall be flanged ductile iron Pressure Class 350 pipe conforming to AWWA C115, C150 & C151. Pipe spanning on piers spaced further apart than normal pipe length of 18 or 20 ft. shall be multiple length pipe with interior flanged joints with a rubber gasket pipe such as Clow "Long -span Pipe ", Flanged US Pipe, Flanged American Pipe or approved equal. The pipe wall thickness and flanged joints shall be designed to safely span the elevated piers under working pressure without exceeding the allowable stresses and conform to AWWA C150. Limit pipe deflection at center of span with pipe full of water to 1/720 of span length. Submit aerial pipe and flange computations for review. Submittal must be signed and sealed by a Florida registered Professional Engineer. Flanges shall conform to AWWA C150 and C115. All bolts and nuts used in aerial crossings shall be stainless steel. Gaskets shall be full faced or recessed "O- Ring" type to prevent leaks in pipe under stress in the aerial crossing. Outside surface of all pipe, flanges or spool pieces shall be shop coated with zinc primer, High Build Epoxy protective coat and a field applied finish coat of polyurethane high gloss. All exposed water lines shall be painted blue. All exposed sewer force mains shall be painted green. All exposed treated effluent lines shall be painted pantone purple. WS- CA47 -7 07/23/03 16C5 7.3 Restoration 7.3.1 Ditch banks and bottoms shall be restored to the original condition or as required by the Permitting agency, whichever is more stringent. 8. CONNECTIONS TO EXISTING WATER MAINS 8.1 Connections 8.1.1 Where connections are required to be made between new water mains and existing water mains the connections shall be made in a thorough and workmanlike manner using proper materials, fittings and labor practices to suit the actual conditions. In case a connection is made to an existing fitting in the line, the Contractor will schedule his work so that digging and locating this existing fitting can be completed prior to starting trench work on the line. 8.2 Interruptions of Service 8.2.1 Cut -ins into lines shall be done at a time approved in writing by the Owner. Whenever it is required to turn off valves which may interrupt the water supply of residents or businesses, the Contractor shall notify all concerned parties or agencies with personal contact, door hangers or written notice at least twenty -four (24) hours in advance of such cut -off, after having obtained the approval of the Owner and Project Manager. The Contractor shall maintain water service to existing connections during construction, under any and all conditions and at no additional cost to the Owner. All pipe and fittings for cut -ins shall be thoroughly cleaned and swabbed with a concentrated solution of calcium hypochlorite. 9. PUBLIC SAFETY (DURING CONSTRUCTION, ALTERATION OR REPAIR) 9.1 In areas of high vehicular traffic, the contractor shall provide a safe walkway around the work area. 9.2 Barricades or other barriers shall be used to prevent any possibility of injury to the public caused by the Contractor's work. 9.3 Walk areas around the work areas shall be kept clean of sand, stones, and any other material that could cause a pedestrian accident. 9.4 Work areas left overnight shall be barricaded. The contractor shall install flashing warning lights in areas required by the Project Manager. W S- CA47 -8 07/23/03 16C5 9.5 Unless an approved detour is provided at any open cut crossings, a minimum of one -way traffic will be maintained during the daylight hours and two -way traffic - at night. All traffic detours will be restricted to limits of the Right -of -Way with necessary flagmen and/or marking devices. These detours shall be approved by the Project Manager. Detour of traffic outside of the Right -of -Way will be considered with the approval of local governmental agencies and private concerns involved. 9.6 Crossing and Intersections Contractor shall not isolate residences and places of business. Access shall be - provided to all residences and places of business whenever construction interferes with existing means of access. Access shall be maintained at all times. If pavement is disturbed, a cold mix must be applied at the end of the day. 9.7 Detours 9.7.1 Contractor shall construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. The location of all detours will require prior approval of the Project Manager. 9.7.2 Furnishing of Devices and Barriers The Contractor shall furnish all traffic control devices (including signs), warning devices and barriers. Costs of such devices shall be incidental to construction and included in unit prices bid. 9.7.3 Maintenance of Devices and Barriers Traffic control devices, warning devices and barriers shall be kept in the correct _ position, properly directed, clearly visible and clean, at all times. Damaged, defaced or dirty devices or barriers shall immediately be repaired, replaced or cleaned as necessary. 9.8 Flagmen _ Contractor shall provide competent flagmen to direct traffic where one -way operation in a single lane is in effect, and in other situations as may be required. Radios may be required if flagmen cannot maintain contact with each other. 9.9 During construction, all necessary signs, flagmen, and other safety devices shall be utilized. WS- CA47 -9 07/23/03 16C5 9.10 All work shall be performed with the requirements set forth by the Occupational Safety Health Administration. 10. CORROSIVE SOILS 10.1 In corrosive soils (i.e., dump areas, swamps, marshes, alkaline soils, cinder beds, etc.), pipe will be protected by encasing in a polyethylene tube (eight (8) millimeters thick) or sheet material, to be installed in accordance with Cast Iron Pipe Research Association specifications. 11. USE OF CHEMICALS 11.1 All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions or government regulations as applicable. 12. ASBESTOS - CEMENT (AC) PIPE 12.1 Whenever the contractor encounters existing asbestos - cement pipe during the course of construction he shall remove the AC pipe and replace it with C900 PVC pipe having a pressure rating as required elsewhere in these specifications. The AC pipe shall be replaced with PVC pipe for a distance of ten (10) feet each way from the centerline of the pipe under construction or five (5) feet beyond the length of AC pipe exposed by trench excavation, whichever is greater. 12.2 The contractor shall coordinate the shutdown of the AC pipeline with the owner of the affected pipeline including proper notice to the owner and any customers that may be affected by the shutdown as required by these specifications and/or current Water Department policy. 12.3 A shutdown plan shall be prepared by the Contractor in accordance with article 13 of this specification. The Contractor shall not proceed with AC pipe replacement work until the Project Manager has approved his shutdown plan. 12.4 In the event of an unanticipated encounter with AC pipe, the contractor shall immediately recover and protect the pipe. He shall then provide the required notices and shutdown plan. 12.5 Cutting of AC pipe shall be performed by means of cutting wheels mounted in a chain wrapped around the pipe barrel. Power driven saws with abrasive discs or any other means that produce concentrations of airborne asbestos dust shall not be used. W S- CA47 -10 07/23/03 16C5 13. CONNECTION AND SHUTDOWN PLAN AND SCHEDULE When plans call for connection to existing facilities or the Contractor plans to shut down existing utilities or where damage to such facilities is likely in order to complete construction of items under this contract, the Contractor shall furnish the Project Manager with a written connection and shutdown plan and schedule at least two working days in advance of the Work, for approval by the Project Manager. The connection and shutdown plan shall identify the locations of all valves needed to isolate the point of connection in the event that the existing facilities are °- damaged while making the connection. The plan shall also identify the next nearest isolation valves as a backup in the event that the nearest isolation valve fails to properly close. The connection and shutdown plan shall identify items such as valves, bypass piping, portable pumper trucks or any other means which the Contractor proposes to use in order to provide effective shutdown of the system. The connection and shutdown schedule shall include details of shutdown time and duration. No connections or construction where shutdown of or damage to existing utilities may occur shall begin prior to approval of the connection and shutdown plan and schedule by the Project Manager. 14. RECORD DRAWINGS During the entire construction process, the Contractor shall maintain records of all deviations from the contract drawings and specifications and shall then prepare "record drawings" showing accurately and correctly all work as it was actually constructed in red pencil. Stationing and offset dimensions of all valves, fittings, air release valves, sample points or other appurtenances shall be accurately located by a Licensed Land Surveyor and shall be accurately and legibly shown on these "record drawings ". Final disbursal of project monies shall not occur until or unless said "record drawings" are submitted to the satisfaction of the Design Professional through the Project Manager. The Design Professional shall supply one (1) set of blueprints for this sole purpose to the Contractor who shall safeguard same until presented back to the Project Manager as red -lined "record _._ drawings" for approval. Record drawings shall show dimensions and elevations of underground utilities. - All buried and concealed items including all valves, fittings, etc., shall be accurately located on the annotated drawings at a minimum of every 100 feet or at all changes in alignment both vertically as to top of pipe elevation and horizontally in relationship to not less than two (2) permanent features (e.g., W S- CA47 -11 07/23/03 16C5'� existing edge of pavement and right -of -way lines). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available at all time to the Design Professional and the Project Manager for review and reference. Upon completion of the Work and as a condition precedent to the Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to the Project Manager by the Contractor. Failure to maintain current annotated "As- Built" drawings shall be cause for rejecting any payment requests, partial or final. Subsequent to the Project Manager's written approval of all "as- built" information, data, and the like secured by the Contractor's Professional Land Surveyor, the Design Professional shall provide the Contractor with a reproducible mylar copy of the design drawings as bid. Forthwith, all "as- built" information shall be drafted upon such drawings and certified, signed, and sealed by the Contractor's professional Land Surveyor. These final mylar plans titled "as- built" record plans shall become the property of the County. 15. EXISTING UTILITIES Various utilities are shown on the plans along the line of work. The Contractor shall be responsible for any damage to these utilities arising from any of the Contractor's activities as well as those of any of his subcontractors, including installation of the new work. The Contractor shall arrange his work to avoid damage or disruption to any other utility or house service. The Contractor shall advise each utility affected, a minimum of 48 hours in advance of starting any work which may affect any other utility. Methods and techniques used by the Contractor to protect and maintain other utilities shall be subject to prior approval by the Project Manager. Water and sewer services damaged by the Contractor or his subcontractors shall be repaired or replaced by the Contractor to the extent directed by the Project Manager. Materials used for the repair or replacement shall be similar to those damaged or shall conform to current standards of Collier County. All damaged water or sewer services shall be promptly repaired and shall be returned to service within 8 hours of the damage occurrence. Other public utilities, which are damaged by the Contractor or his subcontractor, shall be repaired by the utility having jurisdiction, and all costs for the repair shall be born by the Contractor. W S- CA47 -12 07/23/03 rt Where the relocation, disruption or special maintenance of existing utilities is -- expected and shown on the plans, the disruption to existing service shall be kept to a minimum time. The Contractor shall submit a schedule to the Project Manager for approval prior to commencing work. All costs associated with protecting, repairing, replacing, relocating or maintaining existing utilities shall be included in the unit prices in the Bid Schedule. 16. INSPECTION The Contractor shall provide proper facilities for inspection and access to the work at all times for authorized representatives of the Project Manager, Design Professional, Collier County or any agency having jurisdiction over any part of the work or work site. 17. COORDINATION AND COOPERATION In performing all work under the Contract, the Contractor shall coordinate his work with that of any adjacent contractor and shall cooperate with them in every reasonable way in order to minimize interference with their operation. 18. CLEANING The Contractor shall be responsible for the removal of all debris and waste products of construction which are a result of his work. Prior to final acceptance of the work, the work site shall be totally clean of all debris, rubbish and shall be thoroughly cleaned by the Contractor. The Contractor shall secure all required permits and shall arrange for progress and final inspections as the work develops. 19. BENEFICIAL USE OF FACILITIES It is the intent of these Specifications that all newly constructed facilities be placed in service as soon as an integrated portion of the new facilities can be constructed and accepted by the Owner. Acceptance or use by the County of any portion of the facilities prior to final acceptance shall not relieve the Contractor of any responsibility regarding such facilities, which are part of the Contract. FO ON -101 WS- CA47 -13 07/23/03 C5'41v 16 c r, EXHIBIT J PART (8) - TECHNICAL SPECIFICATIONS — MEASUREMENT AND PAYMENT 1. GENERAL 1.01 WORK INCLUDED A. This section shall include Measurement and Payment for furnishing all materials, labor, tools, equipment, and incidentals for performing all operations necessary to complete the Work under this contract. B. The prices stated in the Proposal shall include all costs and expenses for performing and completing the Work under this contract. C. The prices stated in the proposal shall include construction permit acquisition and fees for the items for which permits are required. 2. PAYMENT ITEMS 2.01 MEASUREMENT AND PAYMENTS A. Mechanical: The lump sum price bid for the mechanical portion of the reuse water system service connection shall be compensation in full for furnishing all labor, material, equipment and incidentals necessary to install complete the pipe, fittings, pipe supports, valves, concrete pad, earthwork, clearing and grubbing, sodding, trenching, dewatering, removal and replacement of pavement, driveways, landscaping and sidewalks, rock excavation, backfilling, installation of fence, disposal of non - usable excavated material, testing, flushing, cleanup and all appurtenances as °- shown on the Drawings and specified herein. Demolition and disposal of the existing reuse valve assemblies and appurtenances, as shown on the drawings, is also included. B. Electrical: The lump sum price bid shall be compensation in full for furnishing and installing all labor, materials, equipment and incidentals necessary to install complete the electrical wiring, conduit, controls, equipment, flowmeters, service distribution, testing, startup and all appurtenances necessary for a complete installation as shown on the Drawings and specified herein. Fees paid to Florida Power and Light for providing service connections and temporary power for construction are included in this item. W S- CA48 -1 04/24/03 16 t5 10M 2.02 PAYMENT ITEMS A. Lely Community Development District Reuse Water System Service Connection. Payment will be made under: Item No. A -1 Mechanical — lump sum Item No. B -1 Electrical — lump sum B. Lely Flamingo Reuse Water System Service Connection. Payment will be made under: Item No. A -2 Mechanical — lump sum Item No. B -2 Electrical — lump sum C. Lely Mustang Reuse Water System Service Connection. Payment will be made under: Item No. A -3 Mechanical — lump sum Item No. B -3 Electrical — lump sum D. Imperial Clubhouse Reuse Water System Service Connection. Payment will be made under: Item No. A -4 Mechanical — lump sum Item No. B -4 Electrical — lump sum E. Imperial Golf Estates Boulevard Reuse Water System Service Connection. Payment will be made under: Item No. A -5 Mechanical — lump sum Item No. B -5 Electrical — lump sum F. Pelican Bay Reuse Water System Service Connection. Payment will be made under: Item No. A -6 Mechanical — lump sum Item No. B -6 Electrical — lump sum G. Eagle Lakes Reuse Water System Service Connection. Payment will be made under: Item No. A -7 Mechanical — lump sum Item No. B -7 Electrical — lump sum END W S- CA48 -2 04/24/03 SECTION 01610 16C5 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES Basic requirements for products. 1.02 REFERENCES A. General: References in this Section to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any government authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated in the Contract Documents. B. ANSI Standards ANSI B46.1 Surface Texture 1.03 SUBMITTALS A. Number of Copies 1. Minimum Copies: Submit minimum number of copies as follows: Number of Copies Returned to Submittal To Engineer Contractor Shop Drawings 2 blue line, 1 reproducible copy or black line, copies and 1 reproducible copy Product Data 7 copies 3 copies Test Reports and other similar 3 copies 1 copy documents Warranties 2 copies - - Operation and Maintenance Data 6 copies - - Requests for information and other 2 copies 1 copy other similar requests 2. Additional Copies: If additional copies of shop drawings, product data, or shop drawings and product data are required by the equipment supplier, submit up to three additional copies to Engineer. Do not submit more than five blue line, or black line, prints of shop drawings or ten copies of product data. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -1 PRODUCT REQUIREMENTS B. Shop Drawings and Product Data 16 C5 1. General: Include the following in each submittal: a. Specification Section number; b. Catalog data including the following: (1) Specifications; (2) Intended Service; (3) Illustrations in sufficient detail to serve as a guide for assembly and disassembly; (4) Parts schedule identifying materials to be used for various components and accessories; c. Materials of construction; d. Dimensions; e. Coatings; f. Additional information required to evaluate the proposed product's compliance with the Contract Documents. g. Additional data specified in individual specification sections. 2. Shop Drawings a. Present in a clear and thorough manner. Title each drawing with Project name and number. Identify each element of drawings by reference to sheet number and specification section of Contract Documents. b. Provide space for Engineer review stamp. 3. Product Data a. If product data submittals include brochures or other published data, all copies shall be as published. Do not submit machine copies of published data. b. Submit only pages which are pertinent. Mark or highlight each copy of standard printed data to identify pertinent products. Show reference standards, performance characteristics, and capacities; component parts; finishes; dimensions; and required clearances. c. Modify standard schematic drawings and diagrams to supplement standard information and to. provide information specifically applicable to the Work. Delete information not applicable. d. Provide space for Engineer review stamp. If there is not sufficient space on brochures or other published data for Engineer review stamp, attach page, or sheet, for Engineer review stamp. Include identification of brochure or other published data on attached page, or sheet. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -2 PRODUCT REQUIREMENTS 16C5 4. Engineer Review a. Engineer will review shop drawings and product data and return submittals within 21 calendar days of Engineer's receipt under normal circumstances. b. Engineer will notify equipment supplier if additional review time is required. c. Do not manufacture equipment until return of submittal with Engineer acceptance. 5. Resubmittals a. Make resubmittals under procedures specified for initial submittals. b. Identify resubmittal as a resubmittal and reference previous submittal. C. Identify changes made since previous submittal. —. C. Outline of Manufacturer's Representative Services I . Furnish outline of manufacturer's representative services as specified in this Section. 2. Submit outline of manufacturer's representative services with initial shop drawing or product data, depending on material or equipment supplied. D. Test Reports 1. Submit certified copies of factory tests prior to equipment delivery to the Engineer. 2. Do not deliver equipment to job site until factory tests have been submitted and accepted by the Engineer. E. Certifications 1. Prior to delivery at project site, furnish an Affidavit of Compliance certified by the equipment manufacturer that the equipment and appurtenances furnished under this Contract comply with all applicable provisions of applicable referenced standards and these Specifications. 2. Do not deliver equipment to job site until Affidavit of Compliance has been submitted and accepted by the Engineer. F. Spare Parts Lists: Include the following in each spare parts list: 1. List of spare parts suggested by the equipment manufacturer and specified in the individual specification sections for equipment. 2. Name, address, and telephone number of the nearest distributor for each spare part. G. Operation and Maintenance Data I. Prior to product installation, submit Operation and Maintenance Data as specified in this Section. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -3 PRODUCT REQUIREMENTS 2. Do not install e roducts until Operation and Maintenance Data has be s m�e and P . accepted by the Engineer. H. Service Reports: Prior to substantial completion of installed products, submit Service Reports specified in this Section. I. Written Warranty: Prior to substantial completion of installed products, submit written Warranty specified in this Section. 1.04 QUALITY ASSURANCE A. Inspection, Startup, and Field Adjustment: Demonstrate that all equipment meets the specified performance requirement B. Tolerances: Tolerances and clearances shall be as shown on the shop drawings. Machine work shall be of high -grade workmanship and finish, with due consideration to the special nature or function of the parts. C. Machine Finish: The type of finish shall be the most suitable for the application and shall be shown in micro - inches in accordance with ANSI B46.1. The following finishes shall be used: 1. Surface roughness not greater than 63 micro - inches shall be required for all surfaces in sliding contact. 2. Surface roughness not greater than 250 micro- inches shall be required for surfaces in contact where a tight joint is not required. 3. Rough finish not greater than 500 micro - inches shall be required for other machined surfaces. 4. Contact surfaces of shafts and stems which pass through stuffing boxes and contact surfaces of bearings shall be finished to not greater than 32 micro- inches. D. Manufacturer's Experience: Unless otherwise directed by the Engineer, all products furnished shall have a record of at least 5 years of successful, trouble -free operation in similar applications, from the same manufacturer. 1.05 OPERATION AND MAINTENANCE DATA A. General Information and Description 1. Binding a. Operation and Maintenance (O &M) Data shall be bound. b. Binding shall be left margin. Binding shall be three -hole. c. Each binder shall be hard cover and have identification on the binder front and spine. Binder data and copy of art work shall be submitted with the outline of the O &M Data. 2. Table of Contents: Provide a Table of Contents in each Binder. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -4 PRODUCT REQUIREMENTS 16C5 3. Index of Tabs a. Provide a tabbed index sheet for each component or subject. b. Index tabs shall provide quick reference points which assist the Owner's personnel in the use of the manual. c. Index tabs shall be as specified in this Section. 4. Text a. Text shall be legible and written in English. Each letter in the text shall be identifiable. Text shall be grammatically correct. b. Prepare the text so that operation and maintenance personnel can easily read, understand, and properly apply the instructions contained in the text. Arrange the text in a logical format. Use headings to identify each set of procedures. c. Prepare text specific to equipment furnished. Preprinted text and brochures may be used to supplement text specific to this project if the text specific to this project contains reference, or references, to the preprinted material and if the preprinted material has been annotated to clearly show the part or parts of the preprinted material that are applicable to this project. d. Text character height shall not be less than 10 points or more than 12 points. Larger size letters may be used for headings. Eight point or 9 point character height may be used for foot notes or other similar text. Pitch shall not be more than 16.66 characters per inch or less than 10 characters per inch. The pitch may be less than ten characters per inch in headings. Select character point and pitch to produce text which is easy to read. Select a font style which is easy to read. 5. Illustrations a. Provide illustrations as required to clearly present instructions and clarify the text. Place illustrations so that the illustrations are in a logical relationship to the text. b. Illustrations may be pictures, drawings, sketches, or diagrams. Illustrations shall clearly depict the intended meaning to operations and maintenance personnel. c. Pages of the O &M Data may contain text or illustrations. Preprinted illustrations and brochures containing illustrations may be used if the preprinted illustrations are applicable to this project are annotated to clearly show the parts of illustrations that are applicable to this project. 6. Drawings a. Provide drawings for equipment furnished. Drawings shall show the relationship between the various components in the equipment furnished. b. Identify components on the O &M Data drawings. Present definitions of abbreviations and symbols used on the O &M Data drawings. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -5 PRODUCT REQUIREMENTS e c. Drawings shall be specific to this project. Standard drawings may be used as the sf �j for the drawings provided in the O &M data if the drawings are revised for this projec . 7. Reproduction a. Text and drawings, sketches and diagrams used for illustrations shall be on 8 -%" x 1 1" paper, 20 lb. minimum. Do not use sensitized paper. b. Photo prints shall be securely mounted on 8 -' /z x 1 1 " backing or shall be mounted in sheet protectors. Photo print backing shall be heavy paper, 90 lb. minimum, card stock, or equal. Sheet protectors shall be non - glare, clear vinyl. C. Drawings shall be 8-' /z" x 11 ", 11" x 17 ", or larger. Drawings 8 - %2" x I1" and 11" x 17" shall be bound together with text and shall have reinforced holes. Drawings larger than 11" x 17" shall be folded and placed in pockets which are bound together with text or inside the back cover of the binder. d. Text and illustrations shall be originals, offset printed, photo prints, or first generation machine copies. Text and illustrations shall be crisp with a uniform background. Only provide machine copies of text and illustration drawings, sketches and diagrams which have black characters, lines, and shading on a white medium. Do not provide machine copies of photographs. If originals have characters, lines, or shading which are a color, or colors, other than black or the medium is a color, or colors other than white, provide color, offset prints of originals. e. Drawings shall be offset printed, blue line prints, black lines prints, or first generation machine copies. Drawings shall be crisp with a uniform background. Only provide machine copies of drawings 11" x 17" or smaller. Only provide blue line prints, black lines prints, or machine copies of drawings which have black lines, characters, symbols, and shading. If originals have lines, characters, symbols, or shading which are a color, or colors, other than black, provide offset prints of drawings. B. Quality Assurance 1. Personnel who prepare the O &M Data shall be trained and experienced in maintenance and operation of described products and shall be familiar with O &M Data requirements of this Section. 2. O &M Data shall be written by, edited by, or written and edited by personnel skilled in technical writing to the extent required to communicate essential data. 3. Drawings, diagrams, figures, and illustrations shall be prepared by skilled draftsmen or CADD operators competent to prepare required drawings. C. Contents 1. Provide Table of Contents. 2. Suppliers: List names, addresses and telephone numbers of suppliers, including local source of supplies and replacement parts. 3. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -6 PRODUCT REQUIREMENTS 16C5 4. Drawings: Supplement product data to illustrate relations of component parts of equipment. 5. Instructions: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 6. Warranty: Bind in copy of warranty. D. Operation And Maintenance Data Requirements I . Product Description a. Identify each system and system component. b. Describe function, physical characteristics, and normal operating characteristics. c. Present performance data, engineering data, and test results. d. Describe operating limitations, environmental limitations, and any other limitations. 2. Operating Procedures a. Provide instructions, including required sequences, for the following operations: (1) Start -up following installation. (2) Break -in. (3) Routine. (4) Preventative maintenance. b. Provide operating procedures for variations in sunlight, temperature, and humidity. c. Provide operating procedures for variations in demand, flow, and loading. d. Provide special operating procedures vital to the product. 3. Maintenance Procedures a. Provide instructions for preventative, routine, and period maintenance including the following: (1) Servicing schedule and sequences. -• (2) Wearing parts replacement schedule. (3) Product disassembly and assembly. (4) Alignment, adjustment, and testing. b. Provide a "trouble shooting" guide and repair instructions. 4. Parts a. Provide complete nomenclature for product parts including manufacturer's part number for replacement parts. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -7 PRODUCT REQUIREMENTS „4 `0 b. Provide a list of recommended spare parts with instructions for storage of recom en C spare parts. (5 c. Provide a list of local sources of supply for parts. 1.06 WARRANTIES A. Furnish to the Owner manufacturers' written guarantees that equipment will meet requirements of these specifications. B. Furnish manufacturers' warranties as published in manufacturers' literature and as specified. 1.07 SPARE PARTS A. Prior to Field Testing of equipment, furnish spare parts suitably packaged, identified with the equipment number, and labeled. B. Spare parts are intended for use by the Owner, only, after expiration of the guaranty period. Do not use spare parts for replacement parts during construction or warranty period. PART 2 - PRODUCTS 2.01 GENERAL A. Products include material, equipment, and systems. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification section shall be the same, and shall be interchangeable. 2.02 PRODUCT COATINGS A. Equipment shall be painted or coated as shown on the Drawings. Coated surfaces shall be protected from abrasion or other damage during handling, testing, storing, assembly, and shipping. B. Gears, bearing surfaces, and other similar surfaces obviously not to be painted shall be given a heavy shop coat of grease or other suitable rust - resistant coating. This coating shall be maintained as necessary to prevent corrosion during periods of storage and erection and shall be satisfactory to the Engineer up to the time of the final acceptance. 2.03 NAMEPLATES A. Product nameplates shall be stainless steel. Nameplates shall be engraved or stamped. Fasten nameplates to products in an accessible location with No. 4 or larger oval head stainless steel screws or drive pins. B. Nameplates shall contain the manufacturer's name, model, serial number, size, characteristics, and appropriate data describing the product performance ratings. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -8 PRODUCT REQUIREMENTS 16C5 2.04 CLEANING AND PACKING A. Thoroughly clean equipment, components, and subassemblies of water, sand, dirt, grit, weld splatter, grease, oil, and other foreign materials before preparation for shipment. Protect machined surfaces against physical damage and exposure to the elements during shipping, unloading, and storage at the jobsite. B. Pack equipment and appurtenances to provide ample protection from damage during shipment, handling, and storage. Coat bearing surfaces and other surfaces not to be painted with grease or other suitable rust- resistant coating C. Cap and seal openings. PART 3 - EXECUTION 3.01 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Contractor shall be responsible for the delivery, storage, and handling of products. _._ B. Equipment shall be boxed, crated, or otherwise protected from damage and moisture during shipment, handling, and storage. Products shall be protected from exposure to corrosive fumes and shall be kept thoroughly dry. C. Transport products by methods which prevent product damage. Deliver products in undamaged condition in manufacturer's unopened containers or packaging, dry. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. D. Load and unload products appurtenances by hoists or skidding. Do not drop products. Do not skid or roll products on or against other products. Pad slings and hooks in a manner which prevents damage to products. E. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. Store products which will be deteriorated by sunlight in a cool location out of direct sunlight. Rubber products shall not come in contact with petroleum products. n F. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering and as recommended by manufacturer; provide ventilation which avoids condensation. G. Products having moving parts such as gears, bearings, and electric motors; instruments; control panels; motor control centers; and switchgear shall be stored in a temperature and humidity controlled area until product is installed and permanent HVAC systems are in operation. H. Stored electric motors and actuators with space heaters shall have the space heaters energized unless the motors are stored in a temperature and humidity controlled area. When electric motors - with space heaters are installed, the space heaters shall be connected and energized. Space heaters shall remain energized until equipment is accepted and placed in service. April 24, 2003 REUSE SYSTEM CONTROL VALVES 01610 -9 PRODUCT REQUIREMENTS 116 C5 I. For exterior storage of fabricated products, the items shall be placed on sloped supports ground. Products subject to deterioration shall be covered with impervious sheet covering; ventilation shall be provided to avoid condensation. J. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. K. Promptly remove damaged products from the job site. Replace damaged products with undamaged products. 3.02 INSTALLATION A. Install products in accordance with acceptable procedures submitted with the shop drawings and as indicated on the Drawings, unless otherwise accepted by the Engineer. B. Support pipe, fittings, valves, conduit, and other products so that there are no excess stresses and loads on products. C. Installed products shall be secure in position and neat in appearance. 3.03 LUBRICANTS A. Furnish and install lubricants required for initial operation. B. Maintain lubricants at proper levels until product is accepted. C. Change lubricants following equipment break -in. 3.04 FIELD TESTS A. Field test products to verify proper alignment and freedom from binding, scraping, vibration, shaft runout, or other defects. B. Field test products to verify operation as specified. C. Field test products as specified in individual Specification Sections. 3.05 FUNCTIONAL TEST A. Perform functional test prior to placing equipment in service. 1. Perform functional test under supervision of responsible manufacturers' representatives, instrumentation and control subcontractor, and Contractor personnel. 2. Functional test shall be witnessed by representatives of Owner and Engineer. 3. Perform functional test for each of the following systems at each individual reclaimed water service: a. Back - pressure sustaining valve. b. Motor operated butterfly valve. c. Electrical and instrumentation systems d. Flow meter. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -10 PRODUCT REQUIREMENTS 16C5 B. Demonstrate that products operate. Demonstrate that products comply with specified performance requirements. C. Demonstrate that control panel functions operate. Demonstrate that control panel functions, including failures and alarms, comply with specified performance requirements. D. Functional test shall be non - destructive. E. Simulate failures by jumping failure input terminals. F. If alarm can only be activated by actually creating alarm condition, simulate alarm by jumping alarm input terminals. G. Provide signal generators that simulate control conditions if it is not feasible to create actual conditions. H. Provide control diagrams that show actual control components and wiring. Use control diagrams in demonstration of functions. I. Provide Operation and Maintenance Data. Use operation and maintenance data in demonstration of equipment operation. J. If preparation for functional test does not meet requirements specified in this Section, Contractor shall compensate Engineer for additional time required to observe functional testing until system successfully completes functional testing. 3.06 TRAINING A. Manufacturer's representative, responsible subcontractor, or both shall instruct Owner's designated operating and maintenance personnel in correct operation and maintenance procedures for equipment and systems that are specified in individual Specification Sections to include training. B. Coordinate training with the Owner. Notify Owner not less than 14 days in advance of each training session. C. Provide training while equipment is fully operational. D. Provide training to Owner's personnel between the hours of 6:00 A.M. and 6:00 P.M. as necessary to accommodate Owner's personnel schedule. Duration of each training session shall be not less than two hours or more than six hours. E. On -site instruction shall be given by qualified persons who have been made familiar in advance with equipment and systems at Owner's facility. F. Operation and Maintenance Data shall have been submitted and accepted prior to commencement of training. Use accepted Operation and Maintenance Data as the basis of instruction. 1. Review contents of manual with personnel in full detail. 2. Explain all aspects of operation and maintenance. 3. Demonstrate start -up, operation, control, adjustment, calibration, trouble - shooting, servicing, maintenance, and shutdown of equipment. November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610-11 PRODUCT REQUIREMENTS 4 -A i� 3.07 MANUFACTURERS' REPRESENTATIVES A. Provide the services of experienced, competent, and authorized service representative of the manufacturer of each item of major equipment. B. Submit outline of manufacturer's representative services with Shop Drawings or Product Data. 1, Outline of manufacturer's representative services shall include man -hours or man -days of service to be provided for each of the following: a. Minimum man -hours or man -days of service to be provided for installation inspection, assistance, and certification. b. Minimum man -hours or man -days of service to be provided for functional testing and start-up. C. Minimum man -hours or man -days of service to be provided for training Owner's operation and maintenance personnel. 2. Outline of manufacturer's representative services shall identify services and minimum man - hours, or minimum man -days, to be provided by factory representative and by equipment supplier, or distributor. C. Manufacturers' representatives shall visit the site of Work, and shall perform the following tasks: 1. Assist Contractor in installation of products. 2. Inspect, check, adjust equipment, and approve product installation. 3. Start -up and field -test products for proper operation, efficiency, and capacity. Perform necessary field adjustments during the test period until product installation and operation are satisfactory to the Engineer. 4. Supervise functional test. 5. Instruct Owner's personnel in operation and maintenance of products as specified in this Section. 6. Perform tasks specified in other Sections relating to products provided. D. Provide assistance of manufacturers' representatives at no additional cost to Owner. END OF SECTION November 25, 2002 REUSE SYSTEM CONTROL VALVES 01610 -12 PRODUCT REQUIREMENTS �6 SECTION 15097 - HORIZONTAL PROPELLER FLOW METERS PART 1 - GENERAL 1.01 SECTION INCLUDES Horizontal propeller flow meters and appurtenances specified in this Section and shown on the Drawings. 1.02 REFERENCES A. General: As specified in Section 0 16 10 (Product Requirements). B. ANSI Standards ANSI B 16.5 Pipe Flanges and Flanged Fittings C. ANSUAWWA Standards ANSUAWWA C704 Propeller -Type Meters for Waterworks Applications 1.03 SUBMITTALS As specified in section 0 16 10 (Product Requirements) and this section. 1.04 QUALITY ASSURANCE A. Perform certified testing of meters prior to shipment. Test meter heads on same size and construction of piping as the field installation shown on the Drawings. Tests shall be at minimum, maximum, and intermediate flows within the specified flow range. Factory testing may be witnessed by the Engineer, Owner, or both. B. Perform field tests specified in this Section. PART 2- PRODUCTS M 2.01 SYSTEM DESCRIPTION A. Furnish and install seven (7) new horizontal propeller flow meters for the following reclaimed water services: 1. Lely Community Development District — 8" 2. Lely Flamingo — 8" 3. Lely Mustang — 8" 4. Imperial Clubhouse — 6" 5. Imperial Boulevard — 6" _. 6. Pelican Bay — 10" 7. Eagle Lakes — 24" February 26, 2003 REUSE SYSTEM CONTROL VALVES 15097 -1 HORIZONTAL PROPELLER FLOW METERS 1 C,5 B. Each flow meter shall include horizontal propeller flow meter and a urtenanc�5 re uired for a P P PP 9 complete and properly functioning flow metering system. 2.02 METER MANUFACTURER AND MODEL Water Specialties Corporation, Model ML -04, to match existing reclaimed water system meters. 2.03 HORIZONTAL PROPELLER METERS A. General 1. Meter Type: Velocity propeller type, magnetic drive, sealed housing. 2. Flow Meter Standard: AWWA C704. 3. Propeller Shaft Orientation: Parallel to horizontal direction of water flow. 4. Register Accuracy: Within 2% of true flow at all flows within specified range. 5. Standard flow construction. B. Meter Head 1. Mounting: Flange connection. 2. Seals: O -ring compression type. 3. Finish a. Surface Preparation: Sandblasted to white metal b. Coating (1) Type: Fusion epoxy resin. (2) Dry Mil Thickness: 12 to 15 mils. (3) Application Method: Fluidized bed. C. Gearbox 1. Drive a. Description: Magnetically driven from propeller through ceramic sleeve magnetic coupling. b. Drive Shaft: Provide rigid stainless steel vertical shaft from miter gear frame to remote indicator /totalizer /transmitter mounted on meter or to mounting kit for indicator /totalizer / transmitter, as applicable. 2. Seals: Isolate gear box from water flow by means of O -ring sealed housing. 3. Lubricant: Fill gearbox with high grade lubricant. 4. Gearbox Material: Bronze. April 25, 2003 REUSE SYSTEM CONTROL VALVES 15097 -2 HORIZONTAL PROPELLER FLOW METERS _ D. Propeller 16C5 _. 1. Propeller Characteristics a. Shape: Conical. b. Blades: Three. 2. Propeller Material: Injection molded thermoplastic resistant to water corrosion and deformation due to high flow velocities. 3. Bearings a. Type: Sleeve. b. Material: Ceramic. c. Lubrication: Water. 4. Bearing Spindle a. Installation: Replaceable. b. Material: Stainless steel. C. Coating: Ceramic. 2.04 INDICATOR/TOTALIZER/TRANSMITTER A. Construction _ 1. General a. Encapsulated mechanical components in O -ring sealed housing. b. Mechanically driven by sensor output directly from and proportional to rotation of propeller. 2. Housing Standard: NEMA 4X 3. Lid: Provide lid with padlock hasp. B. Indicator /Totalizer 1. Flow Rate Readout: Dial 2. Totalizer Readout: Digital, 6 digits 3. Units: Flowrate: GPM, Total Flow: X 1000 Gallons C. Transmitter 1. Type: Integral. 2. Output Signal: 4 -20 MA DC proportional to rate of flow. 3. Power Supply: 24 VDC. 2.05 METER TUBE February 26, 2003 REUSE SYSTEM CONTROL VALVES 15097 -3 HORIZONTAL PROPELLER FLOW METERS A. Pressure Rating: 150 psi. B. Description 16C5 1. Meter tube shall have constant nominal inside diameter. 2. Meter tube shall have a minimum of four straightening vanes. C. Pipe Material: Carbon steel. D. Flanges 1. Flange Material: Carbon steel. 2. Dimension Standard for Flanges: ANSI B 16.5 3. Flange Face Type: Flat face. E. Finish 1. Surface Preparation: Sandblasted to white metal 2. Coating a. Type: Fusion epoxy resin. b. Dry Mil Thickness: 12 to 15 mils. c. Application Method: Fluidized bed. 2.06 NAMEPLATES As specified in Section 01610 (Product Requirements) 2.07 CLEANING AND PACKING As specified in Section 0 16 10 (Product Requirements) PART 3 - EXECUTION 3.01 PRODUCT DELIVERY, STORAGE, AND HANDLING As specified in Section 0 16 10 (Product Requirements). 3.02 INSTALLATION In accordance with meter manufacturer's written instructions. 3.03 TESTS A. Perform field test to verify flow metering system operation and conformance with performance specifications. B. Performance testing shall include: February 26, 2003 REUSE SYSTEM CONTROL VALVES 15097 -4 HORIZONTAL PROPELLER FLOW METERS 16C5 I. Verification of flow rate measurement by comparison with the following: a. Flow rate indicated by meter replaced. b. Anticipated flow rate based on reclaimed water pumping rate and flow through other services. 2. Verification of proper operation of indicator /totalizer. 3. Verification of proper signal transmission to monitoring system. 3.04 MANUFACTURER'S REPRESENTATIVE No Manufacturer's representative services are required. END OF SECTION April 25, 2003 REUSE SYSTEM CONTROL VALVES 15097 -5 HORIZONTAL PROPELLER FLOW METERS 16C5 SECTION 15114 BACK - PRESSURE SUSTAINING VALVES -- PART 1 - GENERAL 1.01 SECTION INCLUDES Back- pressure sustaining valves and appurtenances specified in this Section and shown on the Mechanical Drawings. 1.02 REFERENCES A. General: As specified in Section 01610 (Product Requirements). B. ANSI Standards ANSI B 16.5 Pipe Flanges and Flanged Fittings 1.03 DEFINITIONS References to valve sizes on the Drawings and in the Specifications are intended to be nominal size, and shall be interpreted as nominal size. 1.04 SUBMITTALS As specified in Section 01610 (Product Requirements) 1.05 QUALITY ASSURANCE A. Factory Tests 1. Factory test valves furnished under this Section 2. Perform hydrostatic test. 3. Perform operational test for specified functions. B. Field Tests: Field test valves as specified in this Section. PART2- PRODUCTS 2.01 SYSTEM DESCRIPTION A. Valve Type: Back - pressure sustaining valves with solenoid shut -off as specified in this Section. - B. Provide the following valves: 1. Lely Community Development District — 8" 2. Lely Flamingo — 8" February 26, 2003 REUSE SYSTEM CONTROL VALVES 15114-1 BACK - PRESSURE SUSTAINING VALVES 3. Lely Mustang — 8" 4. Imperial Clubhouse — 6" 5. Imperial Boulevard — 6" 6. Eagle Lakes — 16" C. Pressure 1. Inlet Set Back - pressure Range: 40 psi to 70 psi. 2. Outlet Pressure Range: 5 psi to 40 psi. D. Solenoid Valve 1. Solenoid Valve Operation a. Close main valve when solenoid valve is de- energized. 16 C5 b. When solenoid valve is energized, main valve shall function as a back - pressure sustaining valve. 2. Solenoid Valve Electrical Characteristics: 115 VAC. E. Limit Switch 1. Quantity: One limit switch for each back - pressure sustaining valve. 2. Limit Switch Operation a. Limit switch shall be closed when main valve is closed. b. Limit switch shall be open when main valve is open in any position. 3. Limit Switch Electrical Characteristics: 115 VAC. 2.02 MANUFACTURER Valve shall be manufactured by Ames, Inc., Woodland CA., Model 920G -15, to match existing reclaimed water system valves. 2.03 BACK PRESSURE SUSTAINING VALVES A. General 1. Valve Type: Single chamber, water control valves specifically designed for the application shown, or specified. 2. Valve Operation: External pilot, hydraulically operated, with solenoid valve shut -off. 3. Internal Parts Access: Internal parts replaceable without removing valve from process line. 4. Pressure Rating: a. Working Pressure: 150 psig b. Static Test Pressure: 300 psig April 24, 2003 REUSE SYSTEM CONTROL VALVES 15114-2 BACK - PRESSURE SUSTAINING VALVES - 16C5 5. Tem erature Ratin P g a. Ambient: - 40 °F to + 180 °F b. Controlled Fluid: + 32 °F to + 180 °F -- 6. Valve Body Configuration: Globe pattern. B. Valve Body 1. Valve Body Material shall be AISI 304L stainless steel. 2. Valve End Connections for Fabricated Stainless Steel Body Diaphragm Valves a. Type: Flange b. Dimension Standard: ANSI B 16.5, Class 150 c. Flange surfaces shall not contact controlled fluid. 3. Valve Body Ports a. Inlet Port: One port in side of valve body between valve inlet and valve seat for pilot piping. b. Outlet Port: One port in side of valve body between valve seat and valve outlet for — pilot piping. C. Valve Seat 1. General a. Single piece separate from valve body. b. Valve seat surfaces that mate with diaphragm assembly seat seal shall be machined smooth to provide drip -tight seal. C. Valve seat shall have no edges or other irregularities that cause seat seal wear or damage. 2. Valve Seat Material AISI 304, or 304L, stainless steel. 3. Valve Seat Attachment a. Seat ring shall be attached to valve body with screws or bolts, or threaded into valve body. b. Joint between seat ring and valve body shall be drip tight. 4. Lower Stem Guide a. Lower stem guide shall be integral part of seat ring. b. Lower stem guide shall position lower end of diaphragm assembly shaft. c. Lower stem guide shall guide lower end of diaphragm assembly shaft through full _._ range of diaphragm assembly travel. Apnl 24, 2003 REUSE SYSTEM CONTROL VALVES 15114 -3 BACK- PRESSURE SUSTAINING VALVES w 1 d. Surfaces of lower stem guide contacting diaphragm assembly shaft shall be machined so that lower end of diaphragm assembly shaft moves up and down in lower stem guide without binding. e. Contacting surfaces of lower stem guide and diaphragm assembly shaft shall be lubricated by controlled fluid flowing through valve body. D. Valve Cover 1. General: Valve cover shall provide access to valve internal parts. 2. Valve Cover Material AISI 304L stainless steel 3. Valve Cover Attachment a. Valve cover shall be attached to valve body with AISI 316 stainless steel hexagon head cap screws. b. Joint between valve cover and valve body shall be drip- tight. 4. Valve Cover Ports a. Pilot Piping: Four tapped ports for pilot piping with plugs in unused ports. b. Stem: One center port for limit switch assembly. 5. Upper Stem Guide a. Upper valve stem guide bearing shall be an integral part of valve cover. b. Upper valve stem guide bearing material shall be manufactures standard AISI 304 stainless steel. c. Upper valve stem guide bearing shall position upper end of diaphragm assembly shaft. d. Upper valve stem guide bearing shall guide upper end of diaphragm assembly shaft through full range of diaphragm assembly travel. e. Surfaces of upper valve stem guide bearing contacting diaphragm assembly shaft shall be machined so that upper end of diaphragm assembly shaft moves up and down in upper valve stem guide bushing without binding. f. Contacting surfaces of upper valve stem guide bearing and diaphragm assembly shaft shall be lubricated by fluid in valve cover chamber. 6. Upper Valve Spring Seat: Valve cover shall incorporate seat for upper end of diaphragm assembly spring. E. Diaphragm Assembly 1. General a. Diaphragm assembly shall be the only moving part on the inside of the valve body. b. Diaphragm assembly shall include the following components April 24, 2003 REUSE SYSTEM CONTROL VALVES 15114 -4 BACK - PRESSURE SUSTAINING VALVES (1) Diaphragm (2) Seat Seal Retainer, or Disc Retainer (3) Seat Seal, or Disc (4) Seat Seal Retainer Plate, or Disc Retainer Plate (5) Diaphragm Washer (6) Diaphragm Assembly Shaft (7) Diaphragm Assembly Spring 2. Diaphragm 16 C5 a. Diaphragm shall be resilient, nylon fabric reinforced, Buna N synthetic elastomer. b. Diaphragm shall be secured between valve body and valve cover and between seat sea] retainer and diaphragm washer. -- c. Diaphragm shall form a drip -tight sealed chamber between diaphragm and interior of valve cover. 3. Seat Seal Retainer a. Upper face of seat seal retainer shall support underside of diaphragm. b. Upper face of seat seal retainer shall be machined. c. Outer edge of upper face of seat seal retainer shall be machined radius that does not cause diaphragm wear or damage. d. Upper face of seat seal retainer shall have no edges or other irregularities that cause diaphragm wear or damage. e. Lower face of seat seal retainer shall have a machined groove that supports top and sides -- of seat seal. f. Seat seal groove shall have no edges or other irregularities that cause seat seal wear or damage. g. Separation between diaphragm and seat seal shall be fixed by seat seal retainer. h. Seat seal retainer shall be single piece casting or multiple piece assembly. i. Seat seal retainer material shall be AISI 304 stainless steel. 4. Seat Seal a. Seat seal shall be resilient Buna N synthetic elastomer. b. Seat seal shall fit into machined groove on lower face of seat seal retainer. c. When valve is in the closed position, seat seal shall provide drip -tight seal with valve seat and with faces of machined groove in lower face of seat seal retainer. Apri124, 2003 REUSE SYSTEM CONTROL VALVES 15114 -5 BACK- PRESSURE SUSTAINING VALVES 5. Seat Seal Retainer Plate a. Seat seal retainer plate shall be AISI 304 stainless steel. b. Seat seal retainer plate shall secure seat seal in machined groove on lower face of seat seal retainer. c. Seat seal retainer plate surfaces contacting seat seal shall be machined. d. Seat seal retainer plate shall have no edges or other irregularities that cause seat seal wear or damage. 6. Diaphragm Washer a. Diaphragm washer shall be AISI 304 stainless steel. b. Diaphragm washer shall support topside of diaphragm. c. Lower face of diaphragm washer shall be machined. d. Outer edge of lower face of diaphragm washer shall be machined radius that does not cause diaphragm wear or damage. e. Lower face of diaphragm washer shall have no edges or other irregularities that cause diaphragm wear or damage. 7. Diaphragm Assembly Shaft a. Seat seal retainer, seat seal retainer plate, and diaphragm washer shall be mounted and retained on a single -piece shaft. b. Diaphragm assembly shaft material shall be manufacturer's standard AISI Type 303 or Type 304 stainless steel. C. Diaphragm assembly shaft shall guide diaphragm assembly. d. Diaphragm assembly shaft shall be fully guided by separate upper and lower bearings. e. Diaphragm assembly shaft shall be provided with a resilient synthetic elastomer seal that provides a drip -tight seal between fluid in valve body and fluid in valve cover chamber. 8. Diaphragm Assembly Spring a. Diaphragm assembly shall include a spring that aids in closing the valve. b. Diaphragm assembly spring shall be in compression through full range of diaphragm assembly travel. c. Diaphragm assembly spring shall be manufacturer's standard AISI Type 302, Type 303, or Type 304 stainless steel. d. Diaphragm washer or seat seal retainer shall incorporate seat or machined surface for lower end of diaphragm assembly spring. April 24, 2003 REUSE SYSTEM CONTROL VALVES 15114 -6 BACK - PRESSURE SUSTAINING VALVES RNI -- 2.04 PILOT CONTROL SYSTEM A. Operating Pressure: Process line pressure. B. Components: 1. Ball valves that isolate control system from main valve. 2. Y- strainer. 3. Needle valve speed control. 4. Solenoid valve. 5. Connecting piping. C. Pilot Control Valve and Fitting Material: Stainless steel. D. Pilot Control Piping Material: Stainless steel. 2.05 BACK - PRESSURE SUSTAINING VALVES WITH SOLENOID SHUT -OFF A. General 1. Valve back - pressure sustaining control system shall modulate or close discharge to -- prevent line pressure upstream of the valve from falling below an adjustable set pressure. 2. Solenoid valve in back - pressure sustaining valve pilot control shall provide for remote closing of back - pressure sustaining valve. B. Open -close Function 1. Back - pressure sustaining valve shall be closed under any of the following conditions: a. When water system pressure at valve inlet is less than the set pressure b. When the solenoid valve is de- energized. 2. Valve shall be open when pressure at valve inlet is greater than the set pressure and the solenoid valve is energized. C. Back - pressure Sustaining Function: When back - pressure sustaining valve is open, back - pressure sustaining valve shall modulate flow to maintain inlet pressure at the set pressure. 2.06 LIMIT SWITCHES Provide limit switches on water control valves as specified in this Section and Division 16 (Electrical) 2.07 NAMEPLATES As specified in Section 01610 (Product Requirements). April 24, 2003 REUSE SYSTEM CONTROL VALVES 15114 -7 BACK - PRESSURE SUSTAINING VALVES 16C5 2.08 CLEANING AND PACKING As specified in Section 0 16 10 (Product Requirements). PART 3 - EXECUTION 3.01 PRODUCT DELIVERY, STORAGE, AND HANDLING As specified in Section 01610 (Product Requirements). 3.02 INSTALLATION A. Install valves and appurtenances in accordance with valve manufacturer's written instructions. B. Set valve operating pressure as specified in this Section. 3.03 TESTS A. Hydrostatically test valves with piping in which valves are installed. B. Test control valves in accordance with valve manufacturer's written instructions. C. Perform functional test on each control valve. Verify proper operation of control valves. D. Demonstrate proper operation of control valves to Engineer. 3.04 VALVE OPERATING PRESSURE A. Manufacturer's representative shall set initial operating pressure as directed by the Engineer. Set and adjust valve operating pressure as required to complete valve installation and to place completed reuse water services in operation. B. Following testing of each back - pressure sustaining valve, set valve so that valve remains open. C. After all valves in each system are installed and tested. D. Following system start-up with initial valve pressure setting, adjust valve settings as directed by Engineer for all valves to function properly within the reuse water system. 3.05 MANUFACTURERS' REPRESENTATIVE A. Start-up Services: A minimum of four hours for each installation as specified in Section 01610 (Product Requirements). B. Manufacturer's representative shall provide written certification of proper installation and operation of each valve. END OF SECTION April 24, 2003 REUSE SYSTEM CONTROL VALVES 15114 -8 BACK - PRESSURE SUSTAINING VALVES SECTION 15116 - VALVE ACTUATORS, ELECTRIC PART 1 - GENERAL 1.01 SECTION INCLUDES Requirements for furnishing and installing electric valve actuators and appurtenances as shown on the Drawings. 1.02 RELATED SECTIONS A. Section 01610 —Product Requirements B. Division 16 - Electrical 1.03 SUBMITTALS A. General: As specified in Section 01610 (Product Requirements) B. Manufacturer's certification of proper installation and operation. 1.04 WARRANTIES A. General: As specified in Section 01610 (Product Requirements) B. The manufacturer shall guarantee valve actuators be free from defects in materials and workmanship for a period of 12 months following date of Substantial Completion. PART 2 - PRODUCTS 2.01 SYSTEM DESCRIPTION A. General: Furnish and install valve actuators for the following valves as shown on the Drawings. B. Seven (7) actuators shall be provided for the following butterfly valves as shown on the drawings. 1. Lely Community Development District — 8" valve 2. Lely Flamingo — 8" valve 3. Lely Mustang — 8" valve 4. Imperial Clubhouse — 6" valve 5. Imperial Boulevard — 6" valve. 6. Pelican Bay — 8" valve. November 25, 2002 STANDARD SPECS 15116 -1 VALVE ACTUATORS, ELECTRIC 7. Eagle Lakes — 16" valve C5` 2.02 MANUFACTURERS A. Model SG05.1 from Auma Actuators, Inc., Pittsburgh, PA, to match existing reclaimed water system valve actuators. B. Model SG 12 from Auma Actuators, Inch., for the Eagle Lakes Facility. C. Valve actuators shall be installed at the valve manufacturing facility that manufactured the valve, unless approved otherwise by the Engineer. 2.03 ELECTRIC ACTUATORS A. Electric actuator shall include motor, power gearing, limit switches, torque switches, built -in controls, de- clutch, and auxiliary handwheel for manual operation. Electric actuator shall have grease- tight, NEMA 4X and IP67 rated, weatherproof housing. B. Actuator shall be sized to operate valve from full open to full closed in not less than two seconds per inch of valve diameter, plus or minus 30 %. C. Size actuators to deliver not less than 1.5 times required torque based upon maximum dynamic flow conditions. D. Actuator shall drive valve shaft through a worm gear operator and intermediate link. Power gearing shall consist of helical or spur type gears of alloy heat - treated steel. Worm gears shall be carburized and hardened alloy steel and ground after heat treatment. Worm gear pinion shall be alloy bronze. Gearing shall be designed so that gear ratio can be field changed and gearing can be field repaired. Design gearing for 100% overload. E. Provide handwheel on electric actuator. Handwheel shall provide manual operation of valve. Handwheel shall not rotate during electric operation, and motor shall not rotate during hand operation. De- clutching lever shall mechanically (not electrically) disconnect motor drive from gear train. Failure of motor gearing or a fused motor shall not prevent hand operation. Hand operation shall not require more than 40 pounds of pull on handwheel rim. Handwheel shall rotate counterclockwise to open valve, unless otherwise specified. An arrow with the word OPEN shall be cast on handwheel. Operation shall automatically return to electric drive position when motor is energized. F. Provide mechanical -type valve position indicator. Valve position indicator shall show valve position at all times. Indicator shall be part of an intermediate gear head or electric motor actuator. G. Actuator motors shall be reversible, squirrel cage induction type. Actuator motors shall be designed for 115 volts, single phase, 60 Hertz power supply. Motors shall be totally enclosed, non - ventilated, with NEMA Class F insulation and a maximum continuous temperature rating of 120° C (rise plus ambient). Leads from motor shall be brought to limit switch compartment without external piping or conduit box. H. Each motor shall be sized by the manufacturer for the maximum shutoff head differential for 20 percent running torque and a minimum 15- minute duty cycle, have a self - locking gear reduction train and "Lock in Last Position" feature on loss of signal or power. I. Actuators shall have integrally mounted; full - voltage NEMA rated, reversing starters. November 25, 2002 STANDARD SPECS 15116-2 VALVE ACTUATORS, ELECTRIC 16C5 J. Actuators shall be provided with 120 volt space heaters in the switch compartment and strip heaters in the motor. K. Provide two adjustable torque switches of the quick break type. Torque switches shall be responsive to excessive load encountered in either opening or closing direction. Torque switches - shall be rated 10 amp. at 120 VAC, L. Provide 12 contactor limit switches and gearing as an integral part of the actuator. Limit switch gearing shall be intermittent type. Limit switch gearing shall be totally enclosed in its own gear case and grease lubricated. Limit switch gearing shall be bronze. M. Provide limit switches for over - travel protection and four auxiliary SPDT limit switches, each rated at 8 amps, minimum. Switches shall be independently adjustable over the full range of travel. Limit switches shall be wired to a terminal board for remote output. N. Actuator shall respond to 3 -wire control signals. The open signal shall be a pulse across the "open signal wire" and common wire. The close signal shall be a pulse across the "close signal wire" and the common wire. Latching circuits in the actuator shall cause the actuator to drive the valve to its limit of travel upon receipt of the pulse signal. O. Provide actuator with NEMA 4X, stainless steel operator station with LOCAL /OFF/REMOTE selector switch and push buttons for local control. Operator station shall be integral to the actuator, unless otherwise noted. -._ P. Provide actuators with dry contact outputs indicating that the valve is in the "REMOTE" mode (available), and that the actuator is powered and not overloaded. Q. Provide indicating lights as follows: 1. Amber indicating light for "Power On ". 2. Red indicating light for "Torque Overload ". 3. Green indicating light for "Valve Closed ". 4. Red indicating light for "Valve Open ". R. Wire leads for power and control signals shall be brought to a terminal board for field connection. S. Wiring, switches, relays, and other electrical components shall be provided in a NEMA 4X, stainless steel, weatherproof enclosure. 2.04 NAMEPLATES As specified in Section 01610 (Product Requirements) PART 3 - EXECUTION 3.01 INSTALLATION Contractor shall install valve actuators in accordance with actuator manufacturer's written instructions. November 25, 2002 STANDARD SPECS 15116 -3 VALVE ACTUATORS, ELECTRIC 16C5 3.02 TESTS A. As specified in Section 10610 (Product Requirements) B. Hydrostatic Test: Test actuators with valves. C. Functional Test 1. Following installation, inspect and operate valve actuators. 2. After adjustments have been made and the actuator is properly lubricated, do the following: a. Operate actuator with selector switch in "LOCAL" position. (1) Run actuator through one complete cycle from full - closed to full -open to full - closed. (2) Verify that that "STOP" push -button stops valve motion. b. Operate actuator with selector switch in "REMOTE" position and test actuator operation from actuator terminal strip. (1) Run actuator through one complete cycle from full - closed to full -open to full - closed. (2) Verify that that remote stop signal stops valve motion. c. Verify that contacts for remote monitoring of valve position and operation are functioning properly. d. Verify that indicator lights are functioning properly. e. Verify that limit switches are functioning properly. 3.03 MANUFACTURERS' REPRESENTATIVE A. General: As specified in Section 01610 (Product Requirements) B. A manufacturer's representative shall be present a minimum of 4 hours for start-up and testing. C. Provide manufacturer's written certification of proper installation and operation of each valve actuator. END OF SECTION November 25, 2002 STANDARD SPECS 15116 -4 VALVE ACTUATORS, ELECTRIC 16C5 SECTION 15180 -- SIMPLEX BASKET STRAINERS PART 1 - GENERAL 1.01 SECTION INCLUDES Simplex basket strainers specified in this Section and shown on the Mechanical Drawings. 1.02 REFERENCES A. General: As specified in Section 01610 (Product Requirements). B. ANSI Standards ANSI B 16.1 Cast Iron Pipe Flanges and Flanged Fittings, Class 125 1.03 DEFINITIONS References to valve sizes on the Drawings and in the Specifications are intended to be nominal size, and shall be interpreted as nominal size. 1.04 SUBMITTALS As specified in Section 01610 (Product Requirements). PART 2 - PRODUCTS 2.01 MANUFACTURER AND MODEL Model 90 from Heyward Industrial Products, Elizabeth NJ 2.02 SYSTEM DESCRIPTION A. Provide simplex basket strainers for above - ground manifold assemblies as shown on the drawings. B. Provide the following simplex basket strainers: 1. Lely Community Development District — 8" -- 2. Lely Flamingo — 8" 3. Lely Mustang — 8" 4. Imperial Clubhouse — 6" 5. Imperial Boulevard — 6" 6. Pelican Bay — 8" 7. Eagle Lakes — 16" April 25, 2003 REUSE SYSTEM CONTROL VALVES 15180 -1 SIMPLEX BASKET STRAINERS 2.03 SIMPLEX BASKET STRAINERS A. General: Strainer shall be bolt -on top access type with single removable basket. B. Working Pressure Rating: 150 psi. C. Strainer Body End Connections 1. Type: Flange 2. Dimension Standard: ANSI B 16.1. D. Material for Body and Cover shall be Carbon Steel. E. Basket I . General: Basket shall be perforated sheet. 2. Basket Material: AISI 316 stainless steel. 3. Basket Sheet Thickness: 22 gauge. 4. Perforation Size: 1/32 inch. 5. Open Area: 25 to 30 percent. 6. Hole Pattern: Straight 2.04 NAMEPLATES As specified in Section 01610 (Product Requirements). 2.05 CLEANING AND PACKING As specified in Section 0 16 10 (Product Requirements). PART 3 - EXECUTION 3.01 PRODUCT DELIVERY, STORAGE, AND HANDLING As specified in Section 01610 (Product Requirements). 3.02 INSTALLATION A. In accordance with strainer manufacturer's instructions. 3.03 MANUFACTURER'S REPRESENTATIVE No manufacturers' representative services are required. 3.04 TESTS A. Hydrostatically test strainers with piping in which strainers are installed. V t-i B. Verify basket is properly installed and can be removed and replaced. 1. Open strainer cover. 2. Verify that basket is installed. April 25, 2003 REUSE SYSTEM CONTROL VALVES 15180 -2 SIMPLEX BASKET STRAINERS 3. Remove basket and check for damage and defects. 16C5 4. Replace basket. 5. Verify that basket is properly seated. 6. Replace strainer cover. 7. Place strainer in operation. 8. Verify that there are no visible leaks. END OF SECTION April 25, 2003 REUSE SYSTEM CONTROL VALVES 15180 -3 SIMPLEX BASKET STRAINERS 16C5`1 SECTION 16015 ELECTRICAL REFERENCE SYMBOLS 1.01 SYMBOLS A. In general the symbols used on the drawings conform to the Standard Symbols of the Institute of Electrical and Electronic Engineers with the exception of special systems or agencies as hereinafter noted or as shown in schedules or legends. 1.02 ABBREVIATION A. The following abbreviations or initials are used. A/C Air Conditioning A.C. Alternating Current Ab. Clg. Above Ceiling AFF Above Finished Floor AFG Above Finished grade AHU Air Handler Unit AIC Amps interrupting Capacity AL Aluminum AMP Ampere ANSI American National Standards Institute ASA American Standards Association _ ATS Automatic Transfer Switch AUX Auxiliary AWG American Wire Gauge - -- b.c. Bare Copper BIL Basic Impulse Level BRKR Breaker °C Degrees Centigrade CAB Cabinet C. Conduit p- C.B. Circuit Breaker CBM Certified Ballast Manufacturers CFM Cubic Feet per Minute CKT. Circuit CLEC Clock Equipment Cabinet Clg. Ceiling COND. Conductor Conn. Connection _ CPU Central Processing Unit CRT Cathode Ray Terminal __, 402030 16015 -1 October 31, 2002 CSP Closed Standpipe (Sprinkler) 16 C5 CSTC Communications System Terminal Cabinet 11 C.T. Current Transformer CU. Copper C.W. Cold Water D.C. Direct Current Deg. Degree DCTC Door Control Terminal Cabinet DGP Data Gathering Panel Disc. Disconnect D.O. Draw Out DN. Down DPST Double Pole Single Throw E.C. Electrical Contractor EEPTS Elevator Emergency Power Transfer Switch EMT Electric Metallic Tubing E.O. Electrically Operated ESIC Elevator /Systems Interface Cabinet OF Degrees Fahrenheit FLA Full Load Amperes FM Factory Mutual FPS Feet per Second FT. Feet FZ Fire Protection Zone (Sprinkler) GFI Ground Fault Interrupting grid. Ground Horiz. Horizontal hp. Horsepower hr. Hour I/C Intercom ICU Intensive Care Unit IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IMC Intermediate Metallic Conduit in. Inches IPCEA Insulated Power Cable Engineers Association J.B. Junction Box KV Kilovolt KVA Kilo - Volt -Amps KW Kilowatts LBS Pounds LED Light Emitting Diode It. Light 402030 16015 -2 October 31, 2002 16 C5 "-I ltg. Lighting max. Maximum MCB Main Circuit Breaker MCP Motor Circuit Protector _ MIC Microphone min. Minimum M.L.O.Main Lugs Only MPH Miles Per Hour MTD Mounted MUX Multiplex (Transponder) Panel _ MVA Mega Volt Amps N. Neutral NEC National Electric Code - NECA National Electrical Contractors Association NEMANational Electrical Manufacturers Association NFPA National Fire Protection Association NIC. Not in Contract NF Non Fused No. Number O/ Phase O.L. Overload _ OLS Overloads O.R. Operation Room OSHA Occupational Safety and Health Act _ OS &Y Outside Screw and Yoke (Sprinkler) P. Pole PB Pullbox -- Ph. Phase PNL Panel PR Pair -- PWR Power PF Power Factor Pri. Primary Proj. Projector psi Pounds Per Square Inch P.T. Potential Transformer PVC Polyvinyl Chloride RMS Root - Means - Square RPM Revolutions Per Minute Recept. Receptacle RSTC Radio /Sound Terminal Cabinet RTD Resistance Temperature Device SCA Short Circuit Amps 402030 16015 -3 October 31, 2002 END OF SECTION 402030 16015 -4 October 31, 2002 Sec. Secondary t5 S/N Solid Neutral , SPKR Speaker SPST Single Pole Single Throw SW. Switch SWBDSwitchboard TEL Telephone TSP Twisted Shielded Pair TTB Telephone Terminal Board TTC Telephone Terminal Cabinet TVEC Television Equipment TYP Typical temp. Temperature U.L. Underwriters Laboratories UNO (U.N.O.) Unless Noted Otherwise V Volt VFD VARIABLE FREQUENCY DRIVE W Wire W.P. Weatherproof END OF SECTION 402030 16015 -4 October 31, 2002 16C5 SECTION 16020 WORK INCLUDED 1.01 DESCRIPTION OF SYSTEM A. The work required under this Division shall include all materials, labor and auxiliaries required to install a complete and properly operating electrical system. The electrical system required under this Division consists basically of, but is not limited to the following: 1. Electrical service entrance including all utility requirements and fees. 2. Electrical distribution system for power including feeders, and connections to motors and other power loads. 3 A ground system and special grounds as required or noted. 4. Connecting motors and manual control. S. Instrumentation and control conduit and wire. 6. Control panels and control system. 7. Concrete work for field mounted equipment stands, etc. END OF SECTION 402030 16020 -1 November 1, 2002 SECTION 16025 16 C5 CODES, FEES, AND STANDARDS PART 1 - GENERAL 1.01 CODES AND FEES A. Install in accordance with latest edition of the National Electric Code and the regulations of governing local, State, County and other applicable codes, including the Utilities Company. Pay for all required licenses, fees and inspections. B. All work and equipment under this Division shall be in strict compliance with the applicable provisions of the following codes and standards: 1. National Fire Protection Association (NFPA) (1996 Editions). 2. National Electrical Code - NFPA 70 (1999 Edition) 3. National Electrical Safety Code (NBS Handbook 81). 4. Florida Building Code (2001 Edition) 1.02 STANDARDS A. All materials shall be new and free of defects, and shall be U.L. listed, bear the U.L. label or be labeled or listed with an approved, nationally recognized Electrical Testing Agency. Where no labeling or listing service is available for certain types of equipment, test data shall be submitted to prove to the Engineer that equipment meets or exceeds available standards. 1.03 UTILITY COMPANY FEES, CHARGES, COSTS A. It is the contractor's responsibility to contact the required Utility Company to determine if any fees, charges or costs will be due the Utility Company, as required by the Utility Company for temporary power, installations, hook -ups, etc. This fee, charge or cost shall be included in this contractor's bid price. END OF SECTION 402030 16025 -1 October 31, 2002 SECTION 16040 16C5 IDENTIFICATION PART 1 - GENERAL 1.01 NAMEPLATES A. The following items shall be equipped with nameplates: All motors; motor starters, motor - control centers, pushbutton stations, control panels, time switches, disconnect switches panelboards, circuit breakers, contactors, recorders, transmitters, instruments or relays in separate enclosures, power receptacles where the nominal voltage between any pair of conductors is greater than 150V, wall switches controlling outlets for lighting fixtures or equipment, where the outlets are not located within sight of the controlling switch, high voltage boxes and cabinets. Special electrical systems shall be identified at junction and pull boxes, terminal cabinets and equipment racks. Electrical contractor is responsible for nameplates on electrical equipment supplied by other divisions and installed and wired by electrical. B. Nameplates shall adequately describe the function of the particular equipment involved. Where nameplates are detailed on the drawings, inscription and size of letters shall be as shown and shop drawing submitted for approval. Nameplates for panelboards and switchboards shall include the panel designation, voltage and phase of the supply. For example, "Panel A, 277/480V, 3- phase, 4- wire ". The name of the machine on the nameplates for a particular machine shall be the same as the one used on all motor starters, disconnect and P.B. station nameplates for that machine. C. Nameplates shall be laminated phenolic plastic, black front and back with white core, with lettering etched through the outer covering. White engraved letters on black background. Attach with plated self- tapping screws or brass bolts. D. All conductors, cables and feeders shall be tagged as indicated on the drawings with point of origin and destination indicated or cross referenced with shop drawings cable identification drawings. E. All controls and instruments shall be tagged with device identification tags. Tagging _ sequence shall be consistent with owners existing device tagging; coordinate with owner. END OF SECTION 402030 16040 -1 October 31, 2002 SECTION 16050 16p , 5 SPECIAL REQUIREMENTS 1.01 AUXILIARIES AND ACCESSORIES A. Include all auxiliaries and accessories for a complete and properly operating systems. B. Provide and install all electrical systems and any necessary accessories as per NEC and local codes whether specified herein or shown on drawings or not. The content of these specifications (Division 16) and contract documents in general only refers to work required above and beyond the requirements of the NEC and applicable local codes. 1.02 LAYOUT OF WORK A. Drawings are diagramatic. Correlate final equipment locations with site surveys. Lay out before installation so that all trades may install equipment in spaces available. Provide coordination as required for installation in a neat and workmanlike manner. The engineer reserves the right to move any outlet/device 6' from location shown on plans with no additional cost to the owner. 1.03 INVESTIGATION OF SITE A. Check site and existing conditions thoroughly before bidding. Advise Engineer of discrepancies or questions noted. 1.04 SUPERVISION OF THE WORK A. Provide field superintendent who has had a minimum of ten (10) years previous successful experience on projects of comparable sizes and complexity. Superintendent shall be present at all times that work under this Division is being installed or affected. Superintendent shall have passed a proctored H.H. Block Journeyman Exam with 75% grade or better and shall be a licensed Journeyman. A resume of the Superintendent's experience shall be submitted to Engineer before starting work. At least one member of the Electrical Contracting Firm shall hold a Certified State Masters electrical license. 1.05 COORDINATION A. Provide all required coordination and supervision where work connects to or is affected by work of others, and comply with all requirements affecting this Division. 402030 16050 -1 October 31, 2002 Work required under other divisions, specifications or drawings to be performed by this Division shall be coordinated with the Contractor and such work performed at no additional cost to Owner including but not limited to electrical work required for roll - up doors, fire shutters, roll -up grilles, elevators, escalators, sliding doors, and the Mechanical Division of the specifications. B. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. 1.06 BASIS FOR WIRING DESIGN A. The drawings and specifications describe specific sizes of switches, breakers, fuses, conduits, conductors, motor starters and other items of wiring equipment. These sizes are based on specific items of power consuming equipment (heaters, lights, motors for fans, compressors, pumps, etc.). Wherever the contractor provides power consuming equipment which differs from drawings and specifications, the wiring and associated circuit components for such equipment shall be changed to proper sizes to match at no additional expense to the Owner. 1.07 PROVISION FOR OPENINGS A. Locate all openings required for work performed under this section. Provide sleeves, guards or other approved methods to allow passage of items installed under this section. 1.08 CONCRETE PADS A. Furnish and install reinforced concrete pads for transformers, switchgear, and motor control centers, of size as shown on the drawings or required. Unless otherwise noted, pads shall be four (4) inches high and shall exceed dimensions of equipment being set on them, including future sections, by six (6) inches on all sides, except when equipment is flush against a wall, then the side or sides against the wall shall be flush with the equipment. Chamfer top edges 1 ". Trowel all surfaces smooth. Reinforce pads with 6" X 6" X 6/6 welded wire fabric. 1.09 SURFACE MOUNTED EQUIPMENT A. Surface mounted fixtures, outlets, cabinets, conduit, panels, etc. shall have finish or shall be painted as directed by Engineer. Paint shall be in accordance with other applicable sections of these specifications. 402030 16050 -2 October 31, 2002 1. 10 PROTECTION AND CLEAN UP 16C5 A. Suitably protect all equipment furnished under this Division during construction. Restore all damaged surfaces and items to "like new" condition before a request for substantial completion inspection. 1.11 MATERIALS A. Reference: "General Conditions of the Contract ". B. Where several brand names, make or manufacture are listed as acceptable each shall be regarded as equally acceptable. Where a manufacturer's model number is listed, this model shall set the standard of quality and performance required. Where no - brand name is specified, the source and quality shall be subject to Engineer's review and acceptance. C. When a product is specified to be in accordance with a trade association or government standard, at the request of Engineer, Contractor shall furnish a certificate that the product complies with the referenced standard. Upon request of Engineer, Contractor shall submit supporting test data to substantiate compliance. 1.12 SUBSTITUTIONS A. Each bidder represents that his bid is based upon the materials and equipment described in this division of the specifications. B. No substitutions will be considered unless written request has been submitted to the Engineer for approval at least ten days prior to the bid date. Submittal shall include the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data and any other data or information necessary for the -- Engineer to determine that the equipment meets all specification and requirements. If the Engineer approves any proposed substitutions, such approval will be set forth in an addendum. C. Substituted equipment or optional equipment where permitted and approved, must conform to space requirements. Any substituted equipment that cannot meet space requirements, whether approved or not, shall be replaced at the Contractor's expense. Any modifications of related systems as a result of substitutions shall be made at the Contractor's expense. 1.13 TECHNICAL INFORMATION BROCHURES AND SUBMITTALS 402030 16050 -3 October 31, 2002 A. Submit Technical Information Brochures at start of construction or within 30 days after Award of the Contract. Each brochure shall consists of an adequately sized, hard - cover, 3 -ring binder for 8 -1/2" X 11" sheets. Provide correct designation on outside cover and on end of brochure. When, in the judgment of the Engineer, one binder is not enough to adequately catalog all data, an additional binder will be required and data split as directed by the Engineer. B. First sheet in the brochure shall be a photocopy of the Electrical Index pages in these specifications. Second sheet shall be prepared by the Contractor, and shall list Project Addresses for this project. Third sheet shall list Project Information for this project. C. Provide reinforced separation sheets tabbed with the appropriate specification reference number and typed index for each section in the Systems Schedule. D. Technical Information consisting of marked catalog sheets or shop drawings shall be inserted in the brochure in proper order on all items herein specified or shown on drawings. E. At the end of the brochure, provide and insert a copy of the specifications for this Division and all addenda applicable to this Division. F. Submit 6 brochures. Provide separate tag marking on an individual copy for the Owner, , Engineer, Contractor, and Subcontractor (2). G. The General Contractor shall review the brochures before submitting to the Engineer. No request for payment will be considered until the brochure has been reviewed and submitted for checking. H. Submit cost breakdown on work in the Technical Information Brochures. Cost of material and labor for each major item shall be shown. I. Reference: "General Condition of the Contract ". J. Shop Drawings: Provide detailed shop drawings for all electrical equipment to be supplied. Provide detailed plan view shop drawings at expanded scale indicating how actual size of equipment to be provided is to fit into space available; show NEC required working space clearances on plan. Provide detailed elevation views at expanded scale of actual equipment to be provided and how it fits into availiable wall spaces. Addition shop drawing requirements: 1. Title drawings to include identification of project and names of , Engineer, General Contractor, subcontractor and/or supplier, data, number sequentially 402030 16050 -4 October 31, 2002 16 and indicate in gene ral: a) Fabrication and Erection dimensions. — b) Arrangements and sectional views. C) Necessary details, including complete information for making connections with other work. d) Kinds of materials and finishes. e) Descriptive names of equipment. f) Modifications and options to standard equipment required by the contract. g) Leave blank area, size approximately 4 by 2 -1/2 inches, near title block (for Engineer's stamp imprint). h) In order to facilitate review of drawings, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and/or specification paragraph numbers where item(s) occur in the contract documents. i) See specific sections of specifications for further requirements. K. Product Data: 1. Submit technical data verifying that the item submitted complies with the requirements of the specifications. Technical data shall include manufacturer's name and model number, dimensions, weights, electrical characteristics, and clearances required. Indicate all optional equipment and changes from the standard item as called for in the specifications. Furnish drawings, or diagrams, dimensioned and in correct scale, covering equipment, showing arrangement ofcomponents and overall coordination. 2. In order to facilitate review of product data, insofar as practicable, they shall be noted, indicating by cross reference the contract drawings, note, and/or specification paragraph numbers where item(s) occur in the contract documents. 3. See specific sections of specifications for further requirements. 402030 16050 -5 October 31, 2002 1.14 L. Processing Submittals: 16C5 Product Data: For standard manufactured materials, products and items submit six (6) copies or sets of data. If submittal is rejected, resubmittal shall be six (6) copies of new data. When approved, three (3) copies will be returned to Contractor. 2. Shop Drawings: For custom fabricated items, initially submit a transparency (suitable for reproduction) together with two (2) prints made therefrom. When submittal is acceptable, furnish six (6) prints made from the accepted transparency. 3. Acceptance: When returned to Contractor, submittals will be marked with Engineer's stamp. If box marked "returned for correction resubmit" is checked, submittal is not approved and Contractor is to correct and resubmit as noted, otherwise submittal is approved and Contractor is to comply with notation making necessary corrections on submittal and resubmit for final record. 4. Reference: "General Conditions of the Contract ". 5. Note that the approval of shop drawings, or other information submitted in accordance with the requirements hereinbefore specified, does not assure that the Engineer, or any other Owner's Representative, attests to the dimensional accuracy or dimensional suitability of the material or equipment involved, the ability of the material or equipment involved or the MechanicaVElectrical performance of equipment. Approval of shop drawings does not invalidate the plans and specifications if in conflict, unless a letter requesting such change is submitted and approved on the Engineer's letterhead. PROGRESS AND RECORD DRAWINGS A. Keep two sets of white prints on the job, and neatly mark up design drawings each day as components are installed. Different colored pencils shall be used as directed for different systems. Cost of prints shall be included under this Division. All items on Progress Drawings shall be shown in actual location installed. Change any equipment schedules to agree with items actually furnished. A Reference: "General Conditions of the Contract ". Prior to request for final payment, furnish a set of as -built drawings on reproducible sepia mylar to General Contractor. 402030 16050 -6 October 31, 2002 - ibe- 1.15 OPERATING INSTRUCTIONS A. Submit for checking a specific set of written Operating and Maintenance instructions on each item which require instructions to operate. After approval, provide one copy for insertion in each Technical Information Brochure. 1.16 MAINTENANCE INSTRUCTIONS A. Submit for approval Maintenance Information consisting of manufacturer's printed instructions and parts lists for each major item of equipment. After approval, insert information in each Technical Information Brochure. 1.17 SYSTEMS GUARANTEE A. The work required under this Division shall include a one year guarantee. This guarantee shall be by the Contractor to the Owner for any defective workmanship or material which has been furnished under this Contract at no cost to the Owner for a period of one year from the date of final completion of the System. This guarantee shall not include light bulbs in service after one month from date of Substantial Completion of the System. 1.18 FINAL INSPECTION A. All work on the System shall be completed, and all forms and other information shall be submitted for approval one week before the request for final inspection of the building. 1.19 CUTTING AND PATCHING A. Reference: "General Conditions of the Contract ". B. Supplementary Requirements: Any cutting of work in place shall be patched and decorated by such mechanics and in such a manner that the quality of workmanship and finish shall be compatible with that of adjacent construction. 1.20 GENERAL A. Where the requirements of another Division, section, or part of these specifications exceed the requirements of this Division, those requirements shall govern. 1.21 EXISTING CONDITIONS 402030 16050 -7 October 31, 2002 A. Investigate site thoroughly and reroute all conduit and wiring in area of new construction in order to maintain continuity of existing circuitry. Contractor must verify and coordinate existing site conduits and and equipment for installation of new. Bids to include all required rerouting in areas of existing conduits and /or equipment; demolition of existing systems not reused. B. Special attention is called to the fact that work involved is in connection with existing facilities which must remain in operation while work is being performed. Work must be done in accordance with the owners schedule. Schedule work for a minimum outage to Owner. Protect existing buildings and equipment during construction as required. C. Special attention is called to the fact that there may be equipment, conduit or other items in the existing buildings which must be removed or relocated in order to perform the modification work. Bid shall include all removal and relocation required for completion of the alterations and the new construction. END OF SECTION 402030 16050 -8 October 31, 2002 SECTION 16110 RACEWAYS AND CONDUIT PART1- GENERAL 1.01 DESCRIPTION A. Description of System: 16e= 1. The entire installation shall be in hot dipped rigid galvanized conduit or heavy wall Schedule 80 -PVC plastic conduit, unless specifically noted otherwise. Only heavy wall PVC (Schedule 80) shall be used for all raceways trapped underground and in or under concrete slab on grade or in areas subject to chemical degradation. Rigid metal galvanized conduit shall be used only in areas where not exposed to chemical degradation and subject to mechanical injury. For the most part provide schedule 80 PVC for all conduit where not subject to mechanical injury. Provide rigid galvanized metallic conduit on building exterior above grade level or as a contractor option provide schedule 80 PVC conduit above grade, sleeved in schedule 80 PVC to provide mechanical protection. 2. Minimum conduit size for all systems shall be 3/4 ", unless noted otherwise on drawings. All conduit shall be U.L. listed and labeled. Conduit sizes shown on the drawings are to aid the contractor in bidding only; the contractor is responsible for conduit sizes as required by NEC fill tables. The contractor is responsible to coordinate the required sizes and conductor quantities for all control system conduit and wiring. 3. In areas of chemical laden atmosphere where not subject to mechanical injury; provide schedule 80 PVC conduit non- metallic conduit supports and 316 stainless steel hardware, (chemical treatment area and analyzer room). In area of possible mechanical injury provide rigid galvanized steel conduit coated with PVC or other means approved by the engineer. 1.02 SUBMITTALS A. Product Data: 1. Product data shall be submitted on: a. Conduit 402030 16110 -1 October 31, 2002 b. C. PART 2 - PRODUCTS Conduit fittings Surface metal raceway 2.01 ELECTRIC METALLIC TUBING A. Electric metallic tubing (thin wall) shall meet Federal EMT Specifications WW- C -563. 2.02 RIGID METALLIC CONDUIT A. Hot dipped galvanized rigid steel. Federal Specification WW -C -581. 2.03 FLEXIBLE STEEL CONDUIT A. Continuous length, spirally wound steel strip, zinc - coated, each convolution interlocked with following convolution. Federal Specification WW -C -566. Liquid - tight Flexible Steel Conduit: Plastic jacketed flexible steel conduit with copper bonding conductor. 2.04 PVC CONDUIT A. PVC conduit shall be composed of High Impact Virgin homopolymer, PVC (polyvinyl chloride Compound), and shall conform to industry standards, and be UL 651 listed in accordance with Article 347 of National Electrical Code for underground and exposed use and NEMA standard TC -2. Materials must have tensile strength of 55 PSI, at 70oF, flexural strength of 11,000 PSI, compression strength of 8600 PSI. Manufacturer shall have five years' extruding PVC experience. Consistent with requirements provide PVC conduit products by one of the following manufacturers: 1. Carlon 2. Cantex 3. J.M. Plastics 4. Queen City Plastics 2.05 EXPANSION FITTINGS 0 Conduit expansion fittings shall be malleable iron, and shall be hot dipped galvanized inside and outside. These fittings shall have a four -inch expansion chamber to allow 402030 16110 -2 October 31, 2002 16C5 approximately two -inch movement parallel to conduit run in either direction from normal. They shall have factory - installed packing and internal tinned copper braid packing to serve as an emergency bonding jumper. Unless the fitting used is listed by Underwriters' Laboratories for use "without external bonding jumpers ", an external copper bonding jumper shall be installed with each expansion fitting with one end clamped on each conduit entering fitting. PART 3- EXECUTION 3.01 INSTALLATION A. All raceways shall be run in neat and workmanlike manner and shall be properly supported in accordance with latest edition of NEC with approved conduit clamps, hanger rods and structural fasteners. Supporting conduit and boxes with wire is not approved. All raceways except those from surface- mounted switches, outlet boxes or panels shall be run concealed from view. Exposed raceways shall be supported with clamp fasteners with toggle bolt on hollow walls, and with lead expansion shields on masonry. Rigid steel box connections shall be made with double locknuts and bushings. Where PVC penetrates a floor in an exposed location from underground or in slab, a black mastic coated steel conduit elbow shall be used. No PVC shall be allowed anywhere except underground or in slab, with the exception that PVC conduit may be used in poured walls and poured in place columns, where exiting of these walls /columns is by approved metal raceways. All individual bare copper ground conductors (i.e. service, transformer, or lightning protection grounds) shall be installed in PVC conduit, not metal conduit. This does not apply to bare copper ground conductors run with feeders (as specified in this section). Conduits shall be run parallel to building walls wherever possible, exposed or concealed, and shall be grouped in workmanlike fashion. Crisscrossing of conduits shall be minimized. B. All raceways runs, whether terminated in boxes or not, shall be capped during the - course of construction and until wires are pulled in, and covers are in place. No conductors shall be pulled into raceways until construction work which might damage the raceways has been completed. C. All raceways shall be kept clear of plumbing fixtures to facilitate future repair or replacement of said fixtures without disturbing wiring. Except where it is necessary for control purposes, all raceways shall be kept away from items producing heat. D. All raceway runs in masonry shall be installed at the same time as the masonry so that no face cutting is required, except to accommodate boxes. E. All raceways shall be run from outlet to outlet exactly as shown on the drawings, 402030 16110 -3 October 31, 2002 ib C5 unless permission is granted to alter arrangement shown. If permission is granted arrangement shall be marked on field set of drawings as previously specified. F. All underground raceways (with exception of raceways installed under floor slab) shall be installed in accordance with Section 300 -5 of the NEC except that the minimum cover for any conduit shall be two feet. Included under this Section shall be the responsibility for verifying finished lines in areas where raceways will be installed underground before the grading is complete. G. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. Grounding conductors run with feeders shall be bare only. Grounding conductors run with feeders shall be bonded to portions of conduit that are metal by approved ground bushings. H. Insulated bushings shall be used on all rigid steel conduits terminating in panels, wire gutters, or cabinets, and shall be impact resistant plastic molded in an irregular shape at the top to provide smooth insulating surface at top and inner edge. Material in these bushings must not melt or support flame. I. Spare conduit stubs shall be capped and location and use marked with concrete marker set flush with finish grade. Marker shall be 6" round X 6" deep with appropriate symbol embedded into top to indicate use. Also, tag conduits in panels where originating. In addition to spares shown on the drawing; provide two instrument circuits, two control circuits and two empty outlet circuit with boxes and blank plates as directed in field; estimate 100' conduit and wire for each run. J. All conduit stubbed above floor shall be separated with plastic interlocking spacers manufactured specifically for this purpose, or shall be strapped to Kindorf channel supported by conduit driven into ground or tied to steel. K. Raceways which do not have conductors furnished under this Division of the specifications shall be left with an approved nylon pullcord in raceway. L. Rigid Metallic Conduit electrical metallic tubing, flexible steel conduit and PVC conduit shall be manufactured within the United States, and each shall be as manufactured by one manufacturer. M. All connections to motors or other vibrating equipment (except dry type transformers) or at other locations where required shall be made with not less than 12" of flexible liquid -tight steel conduit, using special type of connectors with strain 402030 16110 -4 October 31, 2002 16c; relief fittings at both terminations of conduit (Kellems Type "ST" or approved substitution). Flex connectors shall have insulated throat and shall be T & B 3100 ~- Series or approved substitution. Use angle connectors wherever necessary to relieve angle strain on flex conduit. Connections to dry type transformers shall be made with flexible conduit. N. PVC joints shall be solvent welded. Threads will not be permitted on PVC conduit and fittings, except for rigid steel to PVC couplings. Installation of PVC conduit shall be in accordance with manufacturer's recommendations. PVC conduit shall not be used to support fixture or equipment. Field bends shall be made with approved hotbox. Heating with flame and hand held dryers are prohibited. O. Expansion fittings shall be installed in the following cases: In each conduit run wherever it crosses an expansion joint in the concrete structure; on one side of joint with its sliding sleeve end flush with joint, and with a length of bonding jumper in expansion equal to at least three times the normal width of joints; in each conduit run which mechanically attached to separate structures to relieve strain caused by shift on one structure in relation to the other; in straight conduit run above ground which is more than one hundred feet long and interval between expansion fittings in such a runs shall not be greater than 100 feet. Q. Rigid metallic conduit installed underground shall be coated with waterproofing black mastic before installation, and all joints shall be recoated after installation. R. Provide and install pullboxes, junction boxes, fire barrier at fire rated walls etc., as required by NEC Article 300, whether shown on drawings or not. S. Underground cable identification: bury a continuous, pre - printed, bright colored plastic ribbon cable marker with each underground conduit (or group of conduits), regardless of whether conductors are in conduit. Locate each directly over cables, 6" to 8" below finished grade. Delete this requirement under building slabs. END OF SECTION 402030 16110 -5 October 31, 2002 SECTION 16120 6,n WIRES AND CABLES 1.01 GENERAL A. Power Conductors: 1. Branch circuits and feeder conductors for all electric power shall be stranded copper type THHN/THWN, or XHHW cross -link polyethylene (XLP) - insulation and derated to 75 degrees Centigrade. No aluminum wiring shall be permitted. All wire shall be size shown on the drawings. If no size is shown, wire shall be in accordance to NEC and minimum No. 12, except that branch "homeruns" over 100 ft. in length shall be minimum No. 10 for 120/208V circuits. Wire in vicinity of heat - producing equipment shall be type XHHW insulation. All wiring shall be manufactured in the USA. B. Power Conductor Taps and Splices : All power wiring taps and splices in No. 8 or smaller wire shall be fastened together by means of "wirenut" connectors (Ideal or approved substitution). All taps and splices in wire larger than No. 8 shall be made with compression type connectors and taped to provide insulation equal to wire. Tape shall be heavy duty, flame retardant and weather resistant vinyl electrical tape, minimum 7 mil premium grade with an operating of 0 degree F. to 220 degree F. Provide tape meeting UL 510 and CSA standard C22.2. 2. All taps and splices in manholes or in ground pull box shall be made with hydralic crimp compression type connectors and covered with Raychem heavywall cable sleeves (type CTE or WCS) with type "S" sealant coating. Install sleeve kits as per manufacturer's installation instructions. C. Color Coding: 1. All power feeders and branch circuits No. 6 and smaller shall be wired with color -coded wire with the same color used for a system throughout the building. Power feeders above No. 6 shall either be fully color -coded or shall have black insulation and be similarly color -coded with tape or paint in all junction boxes and panels. Tape or paint shall completely cover the full length of conductor insulation within the box or panel except for the wire markings. 2. Unless otherwise approved, color -code shall be as follows: Neutrals to be white for 120/208V system, natural grey for 277/480V system; ground wire 402030 16120 -1 October 31, 2002 16C5 green, bare or green with yellow strips nominal. 120/208V, Phase A - black; Phase B - red; Phase C - blue. 480/277V, Phase A brown; Phase B - orange; Phase C - yellow. All switch legs, other voltage system wiring, control and interlock wiring shall be color -coded other than those above. In remodeling projects, comply with existing color coding established within the facility. 1.02 INSTRUMENTATION AND CONTROL CABLE A. Multiconductor and Multi pair Process instrumentation cable shall be #16 AWG stranded, twisted pair, 600 V, (XLP) cross link polyethylene insulated, aluminum tape pair shielding with polyethylene, PVC or CPE overall sheathed, type TC instrument cable as manufactured by the American Insulated Wire Co., Belden Wire and Cable Co. or equal. B. Multiconductor control cable shall be #14 AWG stranded, 600V, (XLP) cross link polyethylene insulated, with polyethylene, PVC or CPE over all sheathed type TC control cable as manufactured by the American Insulated Wire Co., Belden Wire and Cable Co. or equal. C. Connections: 1. All connections of stranded wire to screw terminals shall be by insulated spade lugs, crimp fastened to wire or by mechanical captive terminal strips approved for stranded wire without lugs. 2. No splices shall be made except in junction boxes or control cabinets and only under terminal strips. 4. All conductors shall be marked with wrap type (Brady labels). All terminal block terminations shall be labeled. The inside portion of the terminal cabinet doors shall display a protected terminal cabinet drawing with all connections shown and described as to color code, number assigned to connection, function of conductor and destination. 5. Wire shall be guided within terminal cabinets by cable supports. All conductors shall be neatly led to terminations, including all spare conductors. The protected (surge suppressed) and unprotected sides of control signals shall not be run together and shall maintalin a minimum of 6" separation. 6. Cabinets: All cabinets shall be labeled with an engraved plastic laminate label riveted to the door. 1.03 SUBMITTALS A. Submit cut sheets on all major types of wires and cables including splicing tape, and terminating /splicing lugs, conductor identification systems and connectors and cable sleeves. END OF SECTION 402030 16120 -2 October 31, 2002 SECTION 16130 X91 : O MW 1.01 GENERAL 16C5 A. At all concealed outlets for electric lights, switches, wall receptacles, telephone -- outlets, etc., standard galvanized one piece steel outlet boxes shall be provided - T &B, Steel City, Raco or approved substitution. Surface outlet boxes and conduit bodies shall be the heavy cast aluminum or malleable iron with external raised hubs - Appleton, Crouse Hinds or approved substitution. Trim rings shall also be of one piece construction. B. Outlet boxes shall be of such form and dimensions as to be adapted to the specific use and location, type of device or fixtures to be used, and number and size of conductors and arrangement, size and number of conduits connecting thereto. C. Ceiling outlet boxes shall be 4" octagonal or 4" square X 1 -1/2" deep or larger as required for number and size of conductors and arrangement, size and number of conduits terminating at them. D. Switch, wall receptacle, telephone and other wall outlet boxes in drywall shall be 4" square X 1 -1/2" deep. For exposed masonry, provide one piece 4" square x 1" deep wall boxes with appropriate 4" square cut tile wall covers Steel City series #52- C- 49/52 -C -52 or approved substitution. For furred -out block walls, provide 4" square box with required extension for block depth and required extension for drywall depth. E. All flush outlets shall be mounted so that covers and plates will finish flush with finished surfaces without the use of shims, mats or other devices not submitted or - approved for the purpose. Add -a -Depth rings or switch box extension rings (Steel City #SBEX) are not acceptable. Plates shall not support wiring devices. Gang switches with common plate where two or more are indicated in the same location. "- Wall- mounted devices of different systems (switches, thermostats, etc.) shall be coordinated for symmetry when located near each other on the same wall. Outlets on each side of walls shall have separate boxes. Through -wall type boxes shall not be permitted. Back -to -back mounting shall not be permitted. Trim rings shall be extended to within 1/8" of finish wall surface. 1.03 MOUNTING HEIGHT A. Height of wall outlets to bottom above finished floors shall be as follows, unless specifically noted otherwise. Verify with the Architectural plans and shop drawings 402030 16130 -1 October 31, 2002 for installing. Switches - 4' -0" Maximum to centerline Receptacles - 1' -4" Lighting Panels (top of Panel Trim) - 6-6" Phone Outlets - 1' -4" 16C5 ' B. Bottoms of outlets above counter tops or base cabinets shall be minimum 2" above counter top or backsplash, whichever is highest. Outlets may be raised so that bottom rests on top of concrete block course, but all outlets above counters in same area shall be at same height. It is the responsibility of this Division to secure cabinet drawings and coordinate outlet locations in relation to all cabinets as shown on Architectural plans, prior to rough -in, regardless of height shown on Division 16 drawings. C. Height of wall- mounted fixtures shall be as shown on the drawings or as required by Architectural plans and conditions. Fixture outlet boxes shall be equipped with fixture studs when supporting fixtures. 1.04 SPECIAL PURPOSE OUTLETS A. Locate special purpose outlets as indicated on the drawings for the equipment served. Location and type of outlets shall be coordinated with appropriate trades involved. The securing of complete information for proper electrical roughing -in shall be included as work required under this section of specifications. B. Covers for receptacle boxes (flush and surface) in all locations shall be UL approved for weatherproof locations (UL standard 498 and 514; OSHA standard Subpart "S "; NEMA Standard WD -1) with plug inserted and shall comply with NEC - 410 -57b; shall be self closing door with stainless steel hinge and springs; EPDM gaskets. Provide Crouse Hinds, Appleton or for non metallic boxes provide non metallic covers by Taymac or equal. 1.05 SUBMITTALS A. Submit product data on all different types of outlet boxes, floor boxes and associated trim/plaster rings. END OF SECTION 402030 16130 -2 October 31, 2002 SECTION 16140 16ci; WIRING DEVICES 1.01 GENERAL A. Wiring devices shall be specification grade except receptacles shall be hospital grade. Switches shall be silent type. Receptacles shall be duplex grounding type. B. Covers for receptacle boxes (flush and surface) in all locations shall be UL approved for weatherproof locations (UL standard 498 and 514; OSHA standard Subpart "S "; NEMA Standard WD -1) with plug inserted and shall comply with NEC - 410 -57b; shall be self closing door with stainless steel hinge and springs; EPDM gaskets. Provide Crouse Hinds, Appleton or for non metallic boxes provide non metallic covers by Taymac or equal. C. Voltage and ampere rating of switches shall be marked on switch, and shall conform to voltage of system to which applied. D. Provide Surge Suppressor receptacles for all computer and electronic equipment. Provide units that are UL 1449 -1987 listed for category "A" and "B" and that meet ANSI/IEEE 587 standards. Provide units that are rated 20 amps, 125 Volts NEMA configuration 5 -20R; Ivory color with condition indicator light and engraved or other means of identification of special receptacle. Provide units with minimum capacity of 70 Joules; MOV technology with 3 mode protection; line to line, line to neutral, and neutral to ground. Provide units capable of with standing 6500 amps peak surge current for 8 x 20 microsecond impulse. Units that have plug in replaceable modules are not acceptable. Provide units equal to Leviton, Pass and Seymour or approved equal. E. Acceptable manufacturers for wiring devices are Arrow -Hart, Bryant, Hubbell, Pass and Seymour, Sierra, Leviton, Eagle. 1.02 SUBMITTALS A. Submit product data on all types of wiring devices including plates and engraving. END OF SECTION 402030 16140 -1 October 31, 2002 6 SECTION 16170 DISCONNECTS 1.01 GENERAL A. All disconnect switches shall be heavy -duty type. Switches shall be fusible or non- fusible and sized as noted on the drawings. B. Switches shall be 240 volt rated on systems up to and including 120/208V and 600V rated on higher voltage systems. Switches mounted on the exterior of buildings shall be NEMA 4X stainless steel enclosure, unless otherwise noted. All switches for motors shall be horsepower rated. As an alternate to NEMA 4X stainless steel enclosure for 30amp (10hp) units, provide NEMA 4X switches with aluminum enclosure as manufactured by Bryant. As an alternate to NEMA 4X stainless steel enclosures provide polyglass enclosures for 30amp (10hp) switches equal to Hubbell Circuit -Lock. C. Provide and install lugs on disconnect switch as required to accept conductors called for on drawings. D. Provide Switches with a externally operated handle; quick make quick break mechanism; the handle shall be interlocked with the switch cover by means of a defeatable interlock device. The switch shall be lockable in the "off' position with a padlock. Switches shall have arch suppressors, pin hinges and be horsepower rated at 600 volts. - 1.02 SUBMITTALS A. Submit product data on all major types of disconnects. END OF SECTION 402030 16170 -1 October 31, 2002 6 C5 SECTION 16190 SUPPORTING DEVICES 1.01 GENERAL A. Furnish and install all supports, hangers and inserts required to mount fixtures, -- conduit, cables, pullboxes and other equipment furnished under this Division. All supporting devices and hardware exterior of buildings or interior of structures except in air conditioned spaces shall be stainless steel or aluminum. Non metallic supports (fiberglass) and hardware may also be acceptable after review and approval by the engineer. Supporting of above ground junction and pull boxes may require instillation of concrete pads by the contractor. B. All items shall be supported from the structural portion of the building. Supports and }_ hangers shall be of a type approved by Underwriters' Laboratories. Wire shall not be used as a support. Boxes and conduit shall not be supported or fastened to ceiling suspension wires or to ceiling channels. C. This Contractor shall lay out and install his work in advance of the laying of floors or walls, and shall furnish and install all sleeves that may be required for openings through floors, wall etc. Where plans call for conduit to be run exposed, this Contractor shall furnish and install all inserts and clamps for the supporting of conduit. If this Contractor does not properly install all sleeves and inserts required, he will be required to do the necessary cutting and patching, later at his own expense, to the satisfaction of the Engineer. 1.02 INSTALLATION A. All steel conduits shall be securely fastened in place on maximum of 6 foot intervals; all PVC conduits shall be securely fastened in place on maximum of 3 foot intervals vertically and 2 foot intervals horizontally. Hangers, supports or fastenings shall be provided at each elbow and at the end of each straight run terminating at a box or cabinet. The use of perforated iron for supporting conduits will not be permitted. The required strength of the supporting equipment and size and type of anchors shall be based on the combined weight of conduit, hanger and cables. Horizontal and vertical conduit runs may be supported by two -hole malleable straps, clamp- backs, or other approved devices with suitable bolts, expansion shields (where needed) or beam - clamps for mounting to building structure or special brackets. B. Where two or more conduits one inch (1 ") or larger run parallel trapeze hangers may be used consisting of concrete inserts, threaded solid rods, washers, nuts and stainless steel "L" angle iron, or Unistrut cross members. These conduits shall be individually 402030 16190 -1 October 31, 2002 fastened to the cross member of every other trapeze hanger with malleable cast one hole straps, clamp backs, bolted with proper size stainless steel machine bolts, washers and nuts. If adjustable trapeze hangers are used to support groups of parallel conduits, U -bolt type clamps shall be used at the end of a conduit run and at each elbow. J- bolts, or approved clamps, shall be installed on each third intermediate trapeze hanger to fasten each conduit. C. Hangers shall be made of durable materials suitable for the application involved and shall be stainless steel. D. On concrete or masonry construction, use "Tapcon" type fasteners. For brick construction, insert anchors shall be installed with round head machine screws. In wood construction, round head screws shall be used. An electric or hand drill shall be used for drilling holes for all inserts in brick, concrete or similar construction. In brick, inserts shall be near center of brick, not near edge or in joint. Where steel members occur, same shall be drilled and tapped, and round head machine screws shall be used. All screws, bolts, washers, etc., used for supporting conduit or outlets shall be fabricated from rust- resisting metal, or approved substitution. END OF SECTION 402030 16190 -2 October 31, 2002 16C5 SECTION 16410 ELECTRIC SERVICE PART 1 - GENERAL 1.01 DESCRIPTION A. Description of System: 1. The Electrical Utility Company will provide the electrical service of the characteristics as shown on the Drawings. This Contractor's work will begin where the Utility Company's work ends. 2. The Contractor shall furnish all labor, materials, etc., necessary for a complete approved electrical service as required for this project, including inspection and approval by the Utility and local Inspection Departments (if any) and inform the Engineer prior to energizing power lines. w_ B. Construction Facilities: 1. The facilities and equipment required to provide all electrical power for construction, lighting and balancing and testing consumed prior to final -._ acceptance of the project shall be provided under this section of the specifications. All wiring, outlets and other work required to provide this power at the site and within the building for all trades shall be arranged for, -- furnished and installed under this section of the specifications including any fee, charge or cost due the utility company for temporary power installation or hook -ups. 2. Facilities shall be furnished in a neat and safe manner in compliance with governing codes, good working practices and OSHA regulations. - C. Underground Electrical Service: 1. Furnish and install underground 277/480 volt 1ph, 3 wire service from power company pad mount transformer to main service equipment. 2. The underground service shall comply with all the requirements of the NEC, local Utility Company and local enforcing authority. D. Surge Protection 1. Provide and install surge suppressor on service conductors for service voltage. Surge suppressor shall be connected to main panel on load side of main breaker, and shall be type as shown on the drawings. 2. All protector ground leads shall be attached to a single grounding lug mounted securely to and in good electrical contact, with the equipment chassis or cabinet. (END OF SECTION) 402030 16410 -1 October 31, 2002 SECTION 16450 GROUNDING PART 1 - GENERAL 1.01 DESCRIPTION A. Description of System: 1. In general, all electrical equipment (metallic conduit, motor frames, panelboards, etc.) shall be bonded together with a green insulated or bare copper system grounding conductor in accordance with specific rules of Article 250 of the N.E.C. Bonding conductor through the raceway system shall be continuous from main switch ground bus to panel ground bar of each panelboard, and from panel grounding bar of each panelboard to branch circuit equipment and devices. 3. Grounding conductors shall; be so installed as to permit shortest and most direct path from equipment to ground; be installed in metal conduit with both conductor and conduit bonded at each end; have connections accessible for inspection and made with approved solderless connectors brazed (or bolted) to the equipment or structure to be grounded; in NO case be a current carrying conductor; have a green jacket unless it is bare copper; be run in conduit with power and branch circuit conductors. The main grounding electrode conductor shall be exothermically welded to ground rods: All connections at or below grade shall be exothermically welded. 4. All contact surfaces shall be thoroughly cleaned before connections are made to insure good metal to metal contact. 5. Mechanical lugs or wire terminals shall be used to bond ground wires together or to junction boxes and panel cabinets and shall be manufactured by Anderson, Buchanan, Thomas and Betts Co., or Burndy. 6. All exterior grade mounted equipment shall have their enclosures grounded directly to a separate driven ground at the equipment in addition to the building ground connection. B. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. Grounding conductor shall be included in total conduit fill determining conduit sizes, 402030 16450 -1 October 31, 2002 16C5 even though not included or shown on drawings. A separate green with tracer grounding conductor shall be run from isolated ground receptacles to the isolated ground bar on the serving panelboard. Also provide a separate insulated conductor minimum size #2 from isolated ground bar on panel to shielded transformer ground lug. 1.02 SUBMITTALS A. Submit product data on ground rods, ground wire, ground connectors and data on exothermic weld. END OF SECTION 402030 16450 -2 October 31, 2002 SECTION 16709 SURGE SUPPRESSION, BONDING & GROUNDING PART 1 - GENERAL 1.01 APPLICABILITY A. Surge suppression, grounding and bonding requirements outlined herein shall be - fully applicable to all electronic systems which are provided as part of this contract under this division. It is intended that surge suppressors, grounding and bonding provisions as described herein be provided for each system or device by the contractor installing the system or device. Under certain circumstances, Surge suppression devices, bonding and special grounding may be required as provision for owner provided systems or equipment. Specific requirements for such additional - surge suppression, bonding, and grounding will be indicated on the contract drawings or described elsewhere in this specification. B. Surge suppression, bonding and grounding shall be required on electrical and electronic systems apparatus residing outside the confines of a protected building. Tower mounted lighting, RF transmitters and active repeaters are examples of these types of devices. Devices mounted on the exterior wall of a protected building below the roof line shall be considered as being within the protected building. C. Requirements of this section shall be fully applicable to systems furnished under other divisions when reference is made to this section. References shall be by section number, name, or both. 1.02 REFERENCE STANDARDS AND PUBLICATIONS: A. The following standards and publications are referenced in various parts of this section and shall apply to this work: 1. ANSMEE C62.41 -1980 (IEEE 587) Guide for Surge Voltages in Low - Voltage AC Power Circuits. For purposes of this specification, category A and B exposures shall be as described. Category C exposure shall be assumed to be similar to category B in terms of surge waveforms, however, maximum voltage amplitude shall be assumed to be ten kilovolts and maximum current amplitude shall be assumed to be ten kiloamperes. 2. ANSMEEE C62.31 -1977 (IEEE 465.1 -1977) Standard Test Specifications for Gas Tube Surge Protective Devices. 402030 16709 -1 October 31, 2002 3. ANSI/IEEE C62.1 -1984 Standard for Surge Arresters for AC Power Circuits. 4. ANSUIEEE C62.32 -1981 Standard Test Specifications for Low - Voltage Air Gap Surge- Protective Devices. 5. ANSUIEEE C62.33 -1982 Standard Test Specifications for Varistor Surge - Protection Devices. 6. ANSIIIEEE Standard 81 -1983 Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System. 7. Lightning and 60 Hz Disturbances at the Bell Operating Company Network Interface. Bell Communications Research Technical Reference TR -EOP- 000001, Issue 1, June 1984 8. UL -1449 Standard for Transient Voltage Surge Suppressors Issue 1 August 28, 1985. B. ANSVIEEE standards may be obtained from the Institute of Electrical and Electronics Engineers, Inc. 345 East 47th Street, New York, NY, 10017. C. Qualified surge suppression and equipment manufacturers may obtain a copy of the Bell Communications Research Standard through a Bell Operating Company representative. This document is also on file at the Engineer's office for review by interested parties. Permission to copy this document has not been granted. 1.03 SYSTEM PERFORMANCE CRITERIA: A. Surge suppression, grounding and bonding required by this specification for protection of electronic systems shall effectively protect the systems to which it is applied against lightning and other surge transients throughout the useful life of the system. Surge suppression devices and related grounding and bonding systems shall be designed and installed in such a manner that normal operation of the system is not impaired due to installation of such devices. B. Calculations for suppressor pulse - lifetime ratings shall assume the devices are installed in areas of medium exposure when such devices are installed in ANSUIEEE 62.41 -1980 category A or B locations. Devices in category C locations shall be considered to be in an area of high exposure. Frequency of surge occurrence and surge amplitudes shall be as outlined in this standard with a required minimum suppressor lifetime of fifteen years. C. Electronic system equipment shall be protected by dealing with each group of related 402030 16709 -2 October 31, 2002 16C5 devices as a "cluster" of equipment and protecting all metallic circuits which enter and leave the cluster. The cluster may be as large as a computer room, control room or equipment room or as small as an individual equipment cabinet. For purposes of establishing maximum size, all equipment within a protected cluster shall fall within a circular area of not greater than twenty -five feet in radius around a common point. All metallic circuits entering and leaving the equipment cluster shall be grouped together at a common point or "window" not larger than four by eight feet in dimension and protected with one exception. Circuitry which is supported by equipment within the cluster and extending beyond the cluster to serve devices within the building shall not require protection provided all of the following conditions are met: Circuitry is enclosed within ferrous metal conduit. 2. No wiring within the raceways containing such circuits extends beyond the confines of the building. 3. No connection is made between this wiring and conduit ground outside of the protected perimeter established for the equipment cluster. 4. All devices connecting to such circuits shall have no connections to conduit, other grounds or other power sources outside the perimeter established for the equipment cluster. 5. All wiring to devices (and circuitry within devices) must be insulated from conduit and other grounds to a minimum impulse breakdown level of 5000 (five- thousand) volts or greater. D. All equipment chassis within a protected equipment cluster shall be effectively isolated from stray grounds and bonded only to a ground bar at the "window" location for the cluster. The ground terminals of the suppressors protecting the equipment cluster shall also connect to this bar using a short direct route. The ground bar for each equipment cluster shall interconnect with each of the following - external grounding systems: Electrical "Green- Wire" grounds serving equipment within the cluster. 2. The building metallic structure at the closest point. 3. The nearest point of attachment to the building cold water piping system (if metallic). 1.04 SPECIAL CABLING REQUIREMENTS: 402030 16709 -3 October 31, 2002 16C5 A. Cabling extended beyond the protected confines of a building, either direct burial or enclosed in non - ferrous conduit shall be designed for direct burial in a high lightning environment. B. Cables shall be expected to carry significant potentials associated with the direct or induced effects of lightning and protection from pinhole sheath damage and subsequent electrolytic action shall be provided. C. Cable design shall include a metallic shield and high density polyethylene outer jacket. Flooding compound shall be provided between the jacket and shield to heal pinhole jacket penetrations resulting from lightning. Standard direct burial telephone cables and CATV cables are acceptable for this application. 1.05 EXEMPTION FROM EXTERNAL SURGE SUPPRESSION REQUIREMENTS: A. It is recognized that equipment and system manufacturers are beginning to address surge suppression as an inherent part of their equipment design and it is the intent of this specification to permit the use of such equipment without requiring supplementary external surge suppression. B. Specific exemption will be granted for such systems and equipment upon receipt of documented tests from the manufacturer certifying the ability of the equipment or system to withstand common and differential mode surges on all metallic circuits using levels and waveforms described in ANSI/IEEE C62.41 -1980 and as extended in the standards paragraph of this section. Pulse lifetime and withstand ratings for equipment shall be certified based on the appropriate category of exposure for a medium or high exposure location as appropriate to the location in which the equipment will be installed. C. Exposure for circuits which connect to telephone company lines shall be determined from the Bell Communications Research Standard listed herein. Frequency of surge occurrence shall also be determined from this standard. D. Surge suppression furnished as an integral part of the equipment or system shall be designed for a useful lifetime of fifteen years under conditions of exposure as outlined in the appropriate standard. E. Grounding and bonding provisions described herein shall apply to all equipment which is internally protected by the equipment manufacturer. F. In absence of a more relative standard, ANSMEEE C62.41 -1980 exposure categories and waveforms shall be utilized in determining protective requirements 402030 16709 -4 October 31, 2002 for both power and signal wiring. The branch circuit wiring systems providing power to various electronic systems are quite similar to signal wiring in terms of topography and electrical characteristics which determine their ability to propagate surge energy. 1.06 MANUFACTURER QUALIFICATIONS A. All surge suppression devices shall be manufactured by a company normally engaged in the design, development, and manufacture of such devices for electrical and electronic systems equipment. B. The surge suppressor manufacturer shall offer factory repair service for all non - encapsulated assemblies and replacement for all encapsulated units. 1.07 WARRANTY A. All surge suppression devices and supporting components shall be guaranteed by the installing contractor to be free of defects in materials and workmanship for a period of one year from the date of substantial completion for the system to which the suppressor is attached. B. Any suppressor which shows evidence of failure or incorrect operation during the warranty period shall be repaired or replaced at no expense to the Owner. Since "Acts of Nature" or similar statements include the lightning threat to which these suppression devices will be exposed, any such clause limiting warranty responsibility in the general conditions of this specification shall not apply to this section. 1.08 SUBMITTAL A. Surge suppression devices shall be submitted as an integral part of the equipment submittal for the system or equipment which they protect. Surge suppressors and their wiring, bonding, and grounding connections shall be indicated on the wiring diagrams for each system. Equipment grouped in clusters for the purposes of protection shall be indicated on the drawings by cluster and all bonding and grounding connections for the cluster shall be shown. B. The surge suppression submittal shall also include, but shall not be limited to, the following additional data: I. Complete schematic data for each suppressor type indicating component values, part numbers, conductor sizes, etc. 402030 16709 -5 October 31, 2002 16C5 2. Dimensions for each suppressor type indicating mounting arrangement and required accessory hardware. 3. Manufacturers certified test data indicating the ability of the product to meet or exceed requirements of this specification. 4. If requested, a non - encapsulated sample of each suppressor type to be used for testing and evaluation. If requested by the manufacturer, sample will be held confidential unless cause is found to suspect that actual devices furnished do not match sample. Samples will not be returned. 5. It is recognized that certain manufacturers do not wish to divulge the contents of their products. Under these conditions, and in lieu of the required sample, the suppressor manufacturer may submit certified test data from a recognized independent testing laboratory indicating compliance with each element of this specification. PART 2 - PRODUCTS 2.01 POWER SUPPRESSORS FOR ELECTRONIC EQUIPMENT: A. Each item of electronic equipment provided under this contract and connected by line cord or direct wired to the building electrical system shall be provided with a three -stage single or multi -phase hybrid suppressor. Fusing shall be provided which removes the protective elements from the circuit upon failure. Visual indication or loss of output power shall be used to notify the user of device failure. B. Suppressors shall be rated for a minimum of 125% of their continuous electrical load. Suppressors for cord connected equipment shall be equipped with standard NEMA cordsets one of which includes a molded grounding receptacle and the other, a molded grounding plug. Suppressor shall be installed in series with the power cord for the protected equipment. Where several items of equipment are grouped within the same cluster of equipment, one suppressor may be used in conjunction with properly sized grounding plugstrip to serve the equipment. C. Suppressors for direct wired equipment shall be identical in internal design to the unit described for cord connected applications, however, protected screw terminals suitable for termination of solid copper wire shall be used for wiring terminations. One suppressor may be used to support several equipment cabinets provided all cabinets are located within the same equipment cluster and the maximum connected load shall not exceed eighty percent of the rated suppressor capacity. D. Suppressors shall be constructed with a phenolic non - flammable exterior housing with provisions for mounting to the interior of equipment racks, cabinets, or to the 402030 16709 -6 October 31, 2002 16 C5 exterior of free - standing equipment. Suppressors shall be constructed as three -stage devices. The first stage shall include a high- energy varistor clamp between line and neutral and from neutral to ground. The second stage shall consist of series air -core inductor installed in the line conductor(s) to properly coordinate the action of the first and third stages. The third, fast acting, hard clamping stage shall consist of a network of silicon avalanche bipolar surge suppression diodes between the neutral and line conductor(s). E. Minimum suppressor performance characteristics shall be as follows: 1. Maximum single impulse line -to- neutral current withstand: 15,000 Amperes (8 x 20 us waveform) 2. Maximum single impulse neutral -to- ground current withstand: 10,000 "- Amperes (8 x 20 us waveform) 3. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 1200 occurrences 4. Pulse lifetime rating for 200 Ampere (8 x 20 us waveform): 10,000 occurrences 5. Worst case response time: Five Nanoseconds 6. Worst case (Maximum Single Impulse Current Conditions) clamping voltage: 400% of nominal phase -to- ground RMS voltage. 7. Initial breakdown voltage: 200% of nominal phase -to- ground RMS voltage. 2.02 SUPPRESSORS FOR SINGLE CONDUCTOR PROTECTION: A. Suppression devices for single conductor protection shall be provided in multi - circuit pluggable packages suitable for the circuitry to be protected. Units for protection of data circuits which utilize standard connector configurations shall be equipped with connectors which install in series with the data cable to the protected equipment. Units intended for use with individual wiring conductors shall be equipped with accessory terminal blocks or strips suitable for the type of wiring - being used. Suppressors installed outside of terminal or equipment cabinets (except at designated terminal boards) shall be provided with a housing approved for the location. B. Suppression for each circuit shall consist of a two - element gas tube first stage, a series isolating element, and a silicon avalanche second stage. Resistive limiting elements may be used where the voltage drop across the series resistance has no 402030 16709 -7 October 31, 2002 •i l C5 effect on circuit operation. Inductive series elements may be used on of r 6circuits to effectively pass direct or low frequency alternating currents while limiting passage of fast risetime surge waveforms. Silicon avalanche devices shall be designed for surge suppressor applications and shall be polarized or bipolar as appropriate for each circuit. C. Minimum performance criteria (each circuit) shall be as follows: 1. Maximum single impulse conductor -to- ground current withstand: 12,000 Amperes (8 x 20 us waveform) 2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 1200 occurrences 3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000 occurrences 4. Worst case response time: Five Nanoseconds 5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of normal operating voltage amplitude and polarized or bipolar as appropriate for each circuit type. 6. Initial breakdown voltage: 150 percent of normal operating voltage peak amplitude plus or minus five percent. 7. Capacitance: Capacitance for DC or low frequency lines shall not exceed 2000 picofarads measured line to ground at the rated diode breakdown voltage. Suppressors intended for use on high frequency or high baud rate circuits shall be designed for use on such lines. Capacitance of such units shall be equated to equivalent cable feet based on the type of cabling used for the particular circuit. The sum of equivalent cable feet for suppressors and actual cable footage shall not exceed manufacturers recommended maximum values for the system on which these devices are installed. 8. Circuit compensation: Any additional circuit compensation (gain or equalization) required to compensate for the insertion of surge suppression devices shall be provided as part of this contract. 2.03 SUPPRESSORS FOR CONDUCTOR PAIR PROTECTION: A. Suppression devices for conductor pair protection shall be provided in multi- circuit pluggable packages suitable for the circuitry to be protected. Units for protection of 402030 16709 -8 October 31, 2002 16C5 data circuits which utilize standard connector configurations shall be equipped with connectors which install in series with the data cable to the protected equipment. Units intended for use with multiple wiring pairs shall be equipped with an accessory terminal blocks or strips suitable for the type of wiring being used. Single pair units shall be configured as encapsulated units with wire leads or screw - terminal wiring terminations. Suppressors installed outside of terminal or equipment cabinets (except at designated terminal boards) shall be provided with a housing to afford physical protection for the surge suppression modules. B. Suppression for each pair shall consist of a three - element gas tube first stage, an - isolating element in series with each conductor of the pair, and a silicon avalanche second stage. Second stage clamping shall be provided across the pair for differential mode protection and from each side of the pair to ground for common mode protection. Resistive limiting elements may be used on low current circuits where the effect of voltage drop across the series resistance has no effect on circuit operation. Inductive series elements shall be used on higher current circuits to effectively pass direct or low frequency alternating currents while limiting passage of fast risetime surge waveforms. Silicon avalanche devices shall be designed for surge suppressor applications and shall be polarized or bipolar as appropriate for each circuit. C. Minimum performance criteria (each circuit) shall be as follows: 1. Maximum single impulse conductor -to- ground or conductor to conductor current withstand: 10,000 Amperes (8 x 20 us waveform) 2. Pulse lifetime rating Category B worst case current waveform (8 x 20 us @ 3000 Amperes): 10 occurrences 3. Pulse lifetime rating for 100 Ampere (10 x 1000 us waveform): 1,000 -- occurrences 4. Worst case response time: Five Nanoseconds 5. Worst case (Maximum Single Impulse Current) clamping voltage: 200% of normal operating voltage amplitude and polarized or bipolar as appropriate for each circuit type. 6. Initial breakdown voltage: 150 percent of normal operating voltage peak amplitude plus or minus five percent. 7. Capacitance: Capacitance for DC or low frequency lines shall not exceed 2000 picofarads measured line to line or line to ground at the rated diode 402030 16709 -9 October 31, 2002 breakdown voltage. Suppressors intended for use on high frequency 41�5 baud rate circuits shall be designed for use on such lines. Capacitance of such units shall be equated to equivalent cable feet based on the type of cabling used for the particular circuit. The sum of equivalent cable feet for suppressors and actual cable footage shall not exceed manufacturers recommended maximum values for the system on which these devices are installed. 8. Circuit compensation: Any additional circuit compensation (gain or equalization) required to compensate for the insertion of surge suppression devices shall be provided as part of this contract. 2.04 COAXIAL SURGE SUPPRESSION DEVICES: A. Coaxial surge suppressors shall be configured for use on radio and television antenna, video, data and other services utilizing a coaxial format. Attenuation and return loss associated with each suppression device shall be included in all system performance calculations and compensated for accordingly. B. Suppressors shall meet or exceed the following minimum requirements: Mounting: All devices shall be flange mounted. Where multiple suppressors are used in a common location, flanges shall be secured to a common ground rail. Devices installed in through -wall installations shall be flange mounted to a 1 /4" aluminum bulkhead panel which serves to close the wall opening and provide an effective ground for all suppressors. 2. Impedance: Suppressor impedance shall be 50, 75, or 93 ohms as appropriate for the system being protected. 3. Connector type: Connectors on suppressor input and output shall be type F, BNC, UHF, or N to match connector type on protected equipment. 4. Return loss: Suppressors shall exhibit return loss characteristics of 26dB minimum (VSWR 1.1 to 1). Insertion Loss: 0.2 dB maximum 6. Bandpass: Video suppressors shall provide a bandpass of DC to 15 MHZ. Suppressors for other circuits shall be selected with -3dB points on frequency response at least 3 MHZ above and below frequency limits for fully modulated carrier(s). DC and low frequency AC continuity shall be provided as required to support cable powered preamplifiers or other equipment. 402030 16709 -10 October 31, 2002 16C5 7. Maximum clamping voltage: 200% of measured maximum circuit peak-to- peak voltage, bipolar during maximum rated current impulse conditions (8 x 20 us waveform). 8. Impulse withstand rating, single impulse: 20,000 Amperes (8 x 20 us waveform). 9. Response time: 50 nanoseconds or less 10. Weatherproofing: Treat connector with Dow Corning compound #5 and enclose with sunlight resistant heat shrink tubing when devices are installed in exterior locations. 11. Ground isolation: Suppressors used for video or other ground loop sensitive applications shall be configured in such a manner that the shell of the coaxial connectors is isolated from ground except during surge conditions. Internal or external gas tubes may be used for this purpose. 2.05 BONDING AND GROUNDING CONDUCTORS AND MATERIALS: A. Conductors utilized for surge suppressor bonding shall be a minimum of #6 AWG solid insulated copper unless otherwise specified. B. Ground bus or strip material shall be copper, a minimum of 26 gauge in thickness and three inches wide unless otherwise specified. Bus materials may be secured to surfaces with an appropriate mastic material or mechanical fasteners. Bus connections shall be bolted or brazed and reinforced as necessary on thin bus material to provide a permanent and secure connection. C. Unless otherwise specified, all surge suppression grounding electrodes shall be 5/8" diameter copperweld rods, twenty feet in length. D. Connectors, splices, and other fittings used to interconnect grounding conductors, bond to equipment or ground bars, shall comply with requirements of the National Electric Code and be approved by Underwriters Laboratories for the purpose. - E. Connectors and fittings for grounding and bonding conductors shall be of the compression or set -screw type in above grade locations. Connections below grade shall be exothermically welded or brazed. F. Bonding connections between electrically dissimilar metals shall be made using exothermic welds or using bi -metal connectors designed to prevent galvanic corrosion. 402030 16709 -11 October 31, 2002 16C5 PART 3 - EXECUTION 3.01 SEGREGATION OF WIRING: A. All system wiring shall be classified into protected and non - protected categories. Wiring on the exposed side of suppression devices shall be considered unprotected. Surge suppressor grounding and bonding conductors shall also fall into this category. B. All wiring between surge suppressors and protected equipment shall be considered protected. Isolated circuitry exempted from surge suppression requirements in part one of this section shall also be considered protected. C. A minimum of three inches of separation shall be provided between parallel runs of protected and unprotected wiring in control panels, terminal cabinets, terminal boards and other locations. In no case shall protected and unprotected wiring be bundled together or routed through the same conduit. Where bundles of protected and unprotected wiring cross, such crossings shall be made at right angles. 3.02 INSTALLATION OF SUPPRESSORS A. Suppressors shall be installed as close as practical to the equipment to be protected consistent with available space. Where space permits and no code restrictions apply, suppressors may be installed within the same cabinet as the protected equipment. Suppressors installed in this manner shall utilize the equipment chassis as a medium for bonding of their ground terminals. Bonding jumpers not exceeding two inches in length shall be installed between the chassis and suppressor ground terminals. Bolted connections with star washers shall be used to insure electrical and mechanical integrity of connections to the equipment chassis. B. Suppressors shall be installed in a neat, workmanlike manner. Lead dress shall be consistent with recommended industry practices for the system on which these devices are installed. C. Bonding between ground terminals for power and signal line suppressors serving a particular item or cluster of equipment shall be kept as short as possible. Where practical, suppressors shall be installed in a common location for the cluster with their ground terminals bonded closely together. For installations requiring separation between the various suppressor grounds and equipment chassis within an equipment cluster, the following table shall be used to determine bonding conductor requirements (distances are measured between most distant suppressor or chassis grounds): 402030 16709 -12 October 31, 2002 BONDING DISTANCE 0 - 10 feet 10- 25 feet 25- 50 feet Over 50 feet MATERIAL #6 AWG Bare Copper (Solid) 1 -1/2" Copper Strip 26ga. Min. 3" Copper Strip 26ga. Min. 6" Copper Strip 26ga. Min. Care shall be exercised to avoid connection of incidental grounds to the bonding bus system. D. Where terminal cabinets are used to house surge suppressors, painted steel backboards shall be used to serve as a low impedance ground plane for bonding surge suppressor leads together. Terminal boards used for the same purpose shall be laminated with a single sheet of 14 ga. galvanized steel to serve as a ground plane for suppressors. Suppressors with ground terminals not inherently bonded to the ground plane through their mounting shall be bonded to this plane using a two -inch maximum length of #12AWG copper wire and suitable lug. Ground planes and backboards shall be drilled to accept self tapping screws, any paint in the area of the bond shall be removed and star washers shall be used. E. Supplementary grounding and bonding connections required between the bonding bus or ground plane for each equipment cluster and other locations as indicated herein shall be accomplished using #6 AWG bare copper conductor and approved �. connections unless otherwise noted. END OF SECTION 402030 16709 -13 October 31, 2002 SECTION 16850 16 C -5 INSTRUMENTATION AND CONTROL SYSTEM PART 1 - GENERAL 1.01 SCOPE A. Furnish and install, complete with all accessories an instrumentation and control system as described herein and shown on the contract drawings. All materials and labor shall be provided for a fully functional system including any items which are required for system operation but are not specifically addressed in this document or on the contract drawings. B. The control system shall be designed, constructed, tested and documented in strict accordance with the guidelines of this document. All system construction, operation, installation and programming will be the responsibility of the Control Contractor /Systems Integrator. C. This specification is intended to be used in conjunction with all drawings supplied and is not intended to be complete without reference to diagrams on system _ configurations, etc. All bidders must conform to all areas of the documentation or seek approval for deviation prior to bid. 1.02 CONTRACTOR QUALIFICATIONS AND ADDITIONAL RESPONSIBILITY A. The contractor providing this system shall be an instrumentation and control systems - contractor who is experienced in and regularly engaged in engineering, installation and service of systems of similar size and complexity within the water and wastewater treatment industry. B. The contractor shall assume total systems responsibility for all aspects of this system including installation, commissioning and start-up of the system, training of operating personnel and coordinating interfaces between this system and equipment provided by others. This responsibility shall include mounting and wiring of relays, transformers, disconnecting means, and other control devices as required to form a - complete system. The instrumentation and controls contractor shall coordinate and be responsible for the total system design and installation including control conduit sizes and wiring counts, etc. The Contractor shall be responsible for coordinating and interfacing with equipment and instrumentation supplied under other sections of the Contract Documents which are an integral part of the instrumentation and control system such as valves; etc. This interfacing shall be incorporated in the detailed systems drawings and data sections to be submitted by the contractor prior to rough- 402030 16850 -1 October 31, 2002 in work. 16C5 G. Provide the services of a pre - qualified system integrator that has demonstrated competence in providing controls system integration to previous Reuse Pump Station facilities; The pre- approved system integrators for this project are listed below: 1. Wilkins Malcolm & Assoc. Naples Fl. 813- 353 -1191 2. Rocha Controls, Tampa Fl. 813 - 932 -5562 1.03 SUBMITTALS A. Shop Drawings shall be submitted in accordance with Section 16050, Shop Drawings, Product Data and Samples. These drawings shall include: 1. A cover sheet consisting of a Bill of Material, purchase order number, manufacturer's job number, Owner's name, location, application and shipping address. 2. Mechanical layouts detailing the overall external dimensions of all enclosures. Include all pertinent information such as location of door handles, windows, lifting lugs and enclosure mounted items such as pump controller chassis and UO modules (show cable connections on modules), relays, cooling fans, etc. 3. Details for mounting of the processor, UO racks, relays, motor starters, disconnect switch, fuse blocks, wireways, etc. All materials shall be labeled to provide easy cross - reference to the Bill of Material listing. 5. Electrical drawings detailing all hardwiring, done by the supplier, to devices such as relays, pump controller modules, disconnect switches, fuse blocks, etc. Provide individual wire numbers and relay contact cross - reference designations. 6. A description of all input and output modules by name, rack, module and terminal location. 7. The last sheet(s) in the set shall describe all terminal block designations and individual terminal numbers. 8. Submittals shall clearly show existing controls to be integrated into the new controls system. B. Shop Drawings: 402030 16850 -2 October 31, 2002 16C5 1. Complete master wiring diagrams, elementary schematics and control schematics shall be submitted for approval before proceeding with manufacture. Suitable outline drawings shall be furnished as part of this submittal. Standard or typical pre - printed sheets or drawings simply marked to indicate applicability to this contract will not be acceptable. Shop drawings shall be on standard 24" X 36" or 11" X 17" media; drawn with a computer aided design package. The computer aided design package shall be - AUTOCAD version 11 or converted to Autocad version 11. Engineering plan backgrounds of the facility shown on the contract documents will be available to the contractor on request. Submittals shall include reproducible plots of the drawings on paper velum or mylar and 3.5" floppy disk copies using IBM compatible DOS format. 2. A complete drawing indicating each point of interface with the process control system and the type of signal provided or accepted at each point. This drawing shall depict the actual interface terminal block including all circuit designations. 4. A drawing showing the layout of the control panels indicating every device with complete identification. D. These submittals shall be returned reviewed prior to software code development. This is a critical path item and should be given appropriate consideration by the controls contractor. PART 2 - PRODUCTS 2.01 SYSTEM INTEGRATION; REUSE VALVE CONTROL PANELS: 1. Equipment, materials, and workmanship shall comply with the latest revisions of the following codes and standards: 1. Instrumentation: Instrument Society of America (ISA). 2. Wiring: National Electrical Code (NEC), ISA S5.3 and S5.4, latest issue. 3. Control Panels and equipment: NEMA, UL and ANSI. 4. Control Logic: Joint Industrial Council (JIC). 2. The electrical control equipment shall be mounted within a pad - lockable NEMA Type 4X dead- -- front enclosure constructed of not less than 304 stainless steel and shall be quipped with a 3- point latch with all hardware and exterior components construction of 300 series stainless steel (except control panels in air conditioned spaces may be NEMA 1 painted steel). The enclosure shall be equipped with an inner dead front door and shall incorporate a removable back panel on which control components shall be mounted. Back panel shall be secured to enclosure with - collar studs. 402030 16850 -3 October 31, 2002 3. Components: All motor branch circuit breakers, motor starters and control rell s all highest industrial quality, securely fastened to the removable back panels with screws and lock washers. Back panels shall be tapped to accept all mounting screws. Self- tapping screws shall not be used to mount any component. 4. A circuit breaker shall be provided on each control panel as a means of disconnecting powerto the control panel. 5. Control transformers shall be installed where shown to provide 120VAC and 24VAC for control circuits. Transformers shall be fused on the primary and secondary circuits. The transformer secondary shall be grounded on one leg. 6. All control panel wiring shall be identified at both ends with type written heat shrinkable wire markers with the numbering system shown on the control drawings. Control wiring shall be stranded copper, minimum size #14 AWG (except for shielded instrumentation cable may be #16 AWG), with 600 volt, 90 degree C, flame retardant, Type MTW thermoplastic insulation. 7. The control panel shall be provided with nameplates identifying each component, selector switches, pilot lights, etc. Nameplates shall be permanently affixed using an epoxy process. Nameplates shall be laminated plastic, engraved white letters with a black background. 8. Corrosion Inhibitor Emitter: Provide an industrial corrosion inhibitor emitter on all exterior mounted control panels that will protect internal components of the control panel from corrosion one year. Provide one spare emitter for each control panel. 9. Terminal strips shall be provided for all signals as indicated on the drawings plus all spare conductors as specified. Terminal strips shall be switch type with integral fuses equal to Allen Bradley 1492 -H6. Wiring from the control panel to the terminal strips shall be factory installed. 10. RELAYS 1. Control circuit switching shall be accomplished with relays. These relays, for interfacing and control applications, shall be the compact general purpose plug -in type having low coil inrush and holding current characteristics. A neon status - indicating light shall be provided with each relay. Contact arrangements shall be as noted or shown, and shall be rated for not less than 10 amperes at 120V ac or 28V dc. Coil voltage shall be as noted or shown. Non - latching relays shall have a single coil. Latching relays shall have two coils, unlatching being accomplished by energizing one 402030 16850 -4 October 31, 2002 MIA coil, and latching being accomplished by energizing the other coil. Relays shall have plain plastic dust covers, test buttons, and mounting sockets with screw terminals and holddown springs. Relays shall be UL recognized. Relays shall be Potter and Brumfield, Struthers -Dunn, or equal. 2. Time delay functions shall be accomplished with time delay relays. Units shall be adjustable time delay relays with the numberof contacts and contact arrangements as shown. A neon status - indicating light shall be provided with each relay. Contacts shall be rated for 10 amperes at 120V ac. Integral knob with calibrated scale shall be provided for adjustment of time delay. Initial setting shall be as shown with time delay range approximately three times the initial setting. Time delay rangeability shall be at least 10:1. Operating voltage shall be 120V ac, plus 10 percent, -15 percent at 60 -Hz. Operating temperature shall be -20 degrees F to 165 degrees F. Repeat timing accuracy shall be plus or minus 10 percent over the operating range. Units shall be Amerace Corp., Control Products Division, Agastat Series 7000, Cutler- Hammer Series D87, or equal. 3. All relays shall have a screw terminal interface with the wiring. Terminals shall have a permanent, legible identification. Relays shall be mounted such that the terminal identifications are clearly visible and the terminals are readily accessible. 11. Front Panel Operating Controls and Instruments: 1. All operating controls and instruments shall be securely mounted on the control compartment door. All controls and instruments shall be clearly labeled to indicate function. 2. Indicator lamps shall be LED full voltage type and mounted in NEMA 4X (800H) modules, as manufactured by Allen Bradley or SKPI as manufactured by Square D. Lamp modules shall be equipped to operate at 24 or 120 volt input. Lamps shall be easily replaceable from the front of the control compartment door without removing lamp module from its mounted position. Units shall be heavy -duty, oiltight, industrial type with screwed on prismatic glass lenses in colors as shown, and shall have factory engraved legend plates. 3. Selector switches shall be heavy -duty, oiltight, industrial type selector switches with contacts rated for 120V ac service at 10 amperes continuous. Units shall have standard size, black field, legend plates with white markings, as indicated. Operators shall be black knob type. Units shall have the number of positions and contact arrangements and spring return function (if any) as shown. Units shall be single -hole 402030 16850 -5 October 31, 2002 16C5 mounting, accommodating panel thicknesses from 1/16 -inch minimum to 1/4 -inch maximum. Units with up to four selection positions shall be Square D Type K, Cutler - Hammer Type T, or equal. Units with up to 12 selection positions shall be Rundel -Idec Standard Cam Switch, Electroswitch 31, or equal. 2.03 TRANSMITTER POWER SUPPLIES A. Provide for Pelican Bay flow meter transmitter, one DC power supply equal to Moore Industries Model PPX/32VDC /65MA;115 VAC power input, 32 VDC at 65 MA, flanged mounted hockey puck configuration; one power supply dedicated to each 4 -20 MA control signal. Voltage Regulation +/- 0.15 percent per 1.0 percent line voltage change; temperature regulation +/- 0.03% per degree Celsius; operating temperature 0 degrees to 70 degrees Celsius; ripple 50 millivolt peak to peak maximum. 2.04 SPARE PARTS A. Provide as part of this contract a complete compliment of replacement spare parts for all component parts of this system except. It shall be the supplier's responsibility to prepare a detailed suggested replacement parts list for review and approval by the owner. As a minimum, the controls system supplier shall furnish one plug -in relay module for each type used in the system and 3 of each type surge suppressor. PART 3 - EXECUTION 3.01 INSTALLATION A. The work included in this section consists of furnishing, installing and placing in operation the instruments and appurtenances, including all conduit, wiring and circuitry, necessary to provide the Owner with a fully operable system properly calibrated and installed. B. Include the services of a factory trained, qualified service engineer of the equipment manufacturer to inspect the complete equipment installation to assure that it is installed in accordance with the manufacturer's recommendations, make all adjustments necessary to place the system in trouble -free operation and instruct the operating personnel in the proper care and operation of the equipment furnished. C. All workmanship utilized in the manufacture and installation of this system shall be of the highest quality and performed in a manner which is consistent with all accepted practices for industrial controls. 3.02 START UP SUPERVISION A. The system supplier shall provide a qualified service technician to inspect all final 402030 16850 -6 October 31, 2002 16C5 connections and check the system prior to start-up of the system. The service technician shall coordinate with the owner's representative for functional check -out of the complete system. 3.03 MOUNTING OF EQUIPMENT AND ACCESSORIES A. Install and mount equipment in accordance with the Contract Documents, manufacturer's instructions and installation detailed shop drawings. Mount equipment so that they are rigidly supported, level and plumb, and in such a manner as to provide accessibility; protection from damage; isolation from heat, shock and vibration; and freedom from interference with other equipment, piping, and electrical work. Do not install field enclosures, cabinets, and panels until heavy construction -- work adjacent to the equipment has been completed to the extent that there shall be no damage to the equipment. B. Locate devices, including accessories, where they shall be accessible from grade, except as shown otherwise. C. Coordinate the installation of the electrical service to components related to the system to assure a compatible and functionally correct system. All accessories shall be coordinated and installation supervised by the Contractor. E. Test the completed system after installation to assure that all components are operating with the specified range and all interlocks are functioning properly. 3.04 CALIBRATION A. Calibrate each instrument in the factory before shipping and furnish with the calibration data and the certification of calibration. B. Calibrate all instruments and components of the instrumentation system with field adjustable ranges and/or settings after installation in conformance with the manufacturer's instructions, the Contract Documents and the reviewed shop drawings. Set each instrument and components for the specific conditions and intended application as specified for this installation. Replace defective instruments and components which cannot achieve correct calibration of stated accuracy, either individually or collectively within the system. C. Certify in writing to the Owner that all calibrations have been completed and the instrumentation system is ready to be operated. Provide instrumentation calibration sheets in the O &M manuals for future reference for both factory and field calibration tests. Calibration certification documents shall be available on site at the time of substantial completion. 3.05 FIELD TESTING 498041 16850 -7 October 31, 2002 16 C5'"l A. Conduct a field test of all the instrumentation equipment in the presence of the Engineer, Owner, or their designated representative(s). B. Verify that each instrument has been properly installed, connected, grounded and calibrated. C. Verify that the inputs /outputs functions of each instrument conform to the requirements of the application. D. Provide continuous protection of the installed instrumentation equipment from the elements, moisture, construction damage, dust, debris, paint spatter or other conditions which will adversely affect the unit operation until such time as the equipment scheduled for start up testing. E. Exercise each system as defined by each loop description through operational tests to demonstrate that it performs as intended on a continuing basis and to demonstrate the integrity of the system. F. Make all necessary replacements, repairs, correction and/or adjustments including but not limited to labor, parts and freight at no additional cost to the owner to demonstrate a fully operational system. 3.07 WARRANTY AND TRAINING A. All products mentioned herein must be warranted by the supplier for a period of one (1) year from the date of system turnover. END OF SECTION 498041 16850 -8 October 31, 2002 EXHIBIT K PERMITS WS- CA -K -1 EXHIBIT L STANDARD DETAILS of applicable) WS- CA -L -1 EXHIBIT M PLANS AND SPECIFICATIONS PREPARED BY AND IDENTIFIED AS FOLLOWS: AS SHOWN ON SHEETS 1 THROUGH WS- CA -M -1 Revised: April 29, 2003 - Signature Block Revised: October 16, 2003 - Exhibit I am MEMORANDUM Date: November 20, 2003 To: Joan Smith, Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department 16C6 Re: Agreement for sale and purchase between Marvin V. Mielke and Beverly J. Mielke, and the Board of County Commissioners of Collier County, Florida, as Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water - Sewer District Enclosed please find original agreement, as referenced above, approved by the Board of County Commissioners on November 18, 2003 (Agenda Item #16C6. Kindly record the agreement and return recorded original to Minutes and Records. If you should have any questions, please contact me at x -8406. Thank you. Enclosures AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARVIN V. MIELKE and BEVERLY J. MIELKE, husband and wife (hereinafter referred to as "Seller "), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described as: All of Tract No. 136, Golden Gate Estates, Unit No. 9, according to the plat thereof recorded in Plat Book 4, Pages 99 & 100, Public Records of Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described as Tract No. 136, Golden Gate Estates, Unit No. 9, according to the Plat thereof recorded in Plat Book 4, Pages 99 & 100. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be ONE HUNDRED NINETY THREE THOUSAND TWO HUNDRED DOLLARS ($193,200.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser but not later than MARCH 17, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser - Seller closing statement. _ 3.0113 Closing Representative Statement I 6C6' 3.0114 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0115 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to come C6 good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced herein, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. Vi. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS f 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tank or cesspools on the Property; all waste, if any, is discharged into a public sani sewer system; Seller represents that they have (it has) no knowledge that pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's e asserted against, imposed on or incurred by Purchaser, directly or indir C6 pursuant to or in connection with the application of any federal, state, loc I common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Joan Smith Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Ellen Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. & Mrs. Marvin V. Mielke 1221 Sorolla Avenue Coral Gables, Florida 33134 -3515 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the b4neft of and be binding upon the parties hereto and their respective heirs, exec ors, ; personal representatives, successors, successor trustee, and assi ew whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement, GAP Affidavit and Closing Representative Statement, or any such referenced agreements has been or is being relied upon by either party. . IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Pr�.o,,I�ect/Acquisition Approved by BCC: Wsyem6ee IQ' 2043 AS TO PURCHASER: DATED: ffoYeM b OS ATTEST: DWIGHT E,,130dt;'Qlerk 00p6l<y Clerk Attest of 1:q :Clretr� a 31Q" , a`,01 0,1'3'4: N� AS TO SELLER §:'1, . DATED: 2 2i zo63 WITNESSES: -0Q I I Q1-'A d 0 Signature) A. 0puE i\n (Printed Name) (Signat e) (Printed Name) DATED: aj, 22, D- 2 WITNESSES: 0 I'l 0'a ( gnature) (Printed Name) (Signat re) c. 6112- (Printed Name) Approved as to form and legal sufficiency: Ellen Chadwell Assistant County Attorney 16C6 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: dha#fnan BY: f ex MA IN V. MIELKE 1221 Sorolla Avenue Coral Gables, Florida 33134 -3515 I � ! F.A P�W�ffir ri. BEVERLY J. WLKE 1221 Sorolla Avenue Coral Gables, Florida 33134 -3515 16C7 MEMORANDUM Date: November 21, 2003 To: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: SFWMD Grant Agreement Enclosed please find two (2) original documents as referenced above (Agenda Item #16C7) approved by the Board of County Commissioners on Tuesday, November 18, 2003. Kindly forward same to the appropriate person(s) for the required signature(s), and return the fully executed original to Minutes and Records. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures SOUTH FLORIDA WATER MANAGEMENT DI51Lkii V�, 1- 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS� Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • wiviv..shvin i «ov October 21, 2003 Mr. James W. DeLony, P.E. Collier County Water & Sewer District 3301 Tamiami Trail East Bldg. H, 3rd Floor Naples, FL 34112 Subject: DG040634 Manatee Road ASR Expansion Dear Mr. DeLony: 1r-3 'n DD (561) 697 - -2574 6C7 l� Enclosed are two (2) copies of the above referenced contra Please have them signed by an individual with signature authority on behalf of our organization. Return both copies to my attention. Do not date the documents; a fully signed and dated contract will be returned to you upon execution by the District. In addition, kindly document on Page 9 your construction project start date. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Kindly return the executed documents within ten (10) business days if possible. In addition, review the attached request from the District's Hydrology Department regarding your assistance with data collection on your project. We appreciate your compliance with this request. In the event you require further information kindly contact Ms. Bevier or my office. I can be reached at (561) 682 -6444. Your cooperation and timely response will be greatly appreciated. ;S' cerely, M. %u, C.P.M. Contract Administrator Procurement Department /jr Enclosures c: w /attachment PM G L7 B, nn F.rrcurn On o Nicoia5 L Gutierrez, Jr., Lsq., Cirol, Michael Collins Kevin iMcCart% I lenry Dean, Pameia Brooks- Thomas, [ Hugh M. English Harklev R. Thornton Ircla M. Bague Lennart E. Lindahl, P.E. Trudi K. Williams, P.E. The SFWMD is seeking your assistance with Floridan Aquifer dJa6 C The SFWMD needs your help in updating Floridan aquifer data for its hydrologic data base, called DBHYDRO. As an AWS Grant recipient for a Floridan Aquifer project, we are asking for your assistance with this data collection. How does this benefit the AWS recipient? • Little additional effort is required. The Floridan aquifer data that the SFWMD is seeking will already be generated by the AWS recipient during the course of the project. • Streamlines the Consumptive Use Permitting process. By providing hydrogeologic data on the Floridan aquifer, you get ahead of the permitting process by submitting required data early on — before the permit date. • Provides access to the SFWMD's DBHYDRO database. By submitting data to the SFWMD's DBHYDRO database, you will enhance the knowledge base of the Floridan Aquifer System in south Florida. This will help you gain a better understanding of the Floridan aquifer on a regional scale. With this information, your investment in Floridan aquifer technologies is more sound. • Contributes to the local (inset) models of Floridan Aquifer Regional Model. When you contribute hydrogeologic data to the DBHYDRO data base, both the inset model in your respective water supply planning area and the regional model for the entire SFWMD boundary are greatly improved. This means that model calibration for both models are enhanced, yielding a more accurate representation of the Floridan aquifer. Instructions to AWS Recipients: The Recipient should supply all hydrogeologic data generated during the conduct of the project to the District in electronic format for inclusion in the District's public database DBHYDRO. This hydrogeologic data could include such information as: well construction details • lithologic descriptions • identified flow zones • geophysical logs • aquifer test data • photographs The District will provide the Recipient the appropriate electronic forms with instructions for submittal of hydrogeologic data. Please contact Cindy Bevier at cbevier(a)-sfwmd.gov for questions and instructions at your earliest convenience. MEMORANDUM Date: November 21, 2003 To: Peter Schalt, PMP, Project Manager Public Utilities Engineering Depart From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: SFWMD Grant Agreement (S-7 ©� 1 t Enclosed please find two (2) original document as referenced above (Agenda Item ##16C7) approved y the Board of County Commissioners on Tuesday, Nov tuber 18, 2003. Kindly forward same to the appropriate person(s) for the required signature(s), and return the fully / executed original to Minutes and Records. ' If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures c� w .0 c� C rA rn iotS"7, 06 (•' - SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 334 (561) 686 -8800 • FL WATS 1- 800 - 432 -2045 • TD13 4yr Y Mailing Address: P.O. Box 24680, West Palm Be , FL 33416 -4680 • www.sfwmd.gov }i ��f� riEs ADM 28 -06 December 11, 2003 Mr. James Delony 3301 Tamiami Trail East Bldg. H 3 I Floor Naples FL 34112 Subject: Contract No. DG04063495 Manatee Road ASR Expansion Dear Mr. Delony: JX '�CY � U v` Enclosed please find one (1) fully executed copy of the above referenced contract. If you have any questions, please contact me at (561) 682 -6444. Thank you for your efforts on behalf of the District. Sincerely, r� Penelope Burger Associate Contract Specialist Procurement Department /jm Enclosure c: Original File Alex Quintero, 6611 Cynthia L. Houston, 7410 GOVERNING BOARD EXECUTIVE OFFICE Nicolas J. Gutierrez, Jr., Esq., Clzrair Michael Collins Kevin McCarty Henry Dean, ErecidirrDirector Pamela Brooks - Thomas, Vice -Clmir Hugh M. English Harklev R. Thornton Irela M. Bague Lennart E. Lindahl, P.E. Trudi K. Williams, P.E. Sp(ER9 16C7 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT a P DISTRICT AWS FUNDING PROGRAM AGREEMENT Recipient: Contract Number: DG040634 Collier County Water & Sewer District Governing Board Approval Date: August 14, 2003 Recipient's Project Manager: District Funding Amount: $100,000 James W. DeLony, P.E. Not to Exceed 50% of total project cost Address: 3301 Tamiami Trail East Bldg. H, 3rd Floor Naples, FL 34112 Telephone No: (239) 732 -2540 Fax No: (239) 732 -2526 SFWMD Project Manager: Jacque Rippe Address: 2301 McGregor Blvd. Ft. Myers, FL 33901 Telephone No: (239) 338 -2929 Fax No: (239) 338 -2936 Insurance: Applicable/Not Applicable: Federal Employer Identification Number: 21 -07- 019995 -53C Project Title: Manatee Road ASR Expansion Description: Construction of two (2) ASR wells w /attendant piping and wellhead equipment for the Manatee Road project. Contract DG040634 Page 1 of 9 16C? This Agreement is entered into between "the Parties ", the South Florida Water Management District, the "District ", and the undersigned Applicant, hereinafter referred to as the "Recipient ". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 — PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A ", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 The Recipient shall submit to the District, proof of Florida Department of Environmental Protection ( FLDEP) and South Florida Water Management District permit applications prior to September I" of the current fiscal year, to ensure timely completion of the project. 1.4 The Recipient shall submit to the District notification of complete permit applications from FLDEP and SFWMD prior to September V of the next fiscal year, to demonstrate proposed project readiness. Should the permitting element of an application for a construction project not be completed by the District's required deadline, the District will deem the project ineligible for funding. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Construction Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of three (3) years. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION /CONSIDERATION 3.I As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. Contract DG 040634 Page 2 of 9 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment. "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A ". 3.3 The Recipient hereby agrees that it shall use other sources of funding for all work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described in Attachment "A ". ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A ", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE S - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. Contract DG 040634 Page 3 of 9 loc? 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: (Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving written notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 6.3 In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.4 If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. Contract DG 040634 Page 4 of 9 M 6.5 In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to Paragraph 6.2, above. 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - 'RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE S - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, Contract DG 040634 Page 5 of 9 16C7 venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDE1\1NIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor -owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Contract DG 040634 Page 6 of 9 Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate shall be signed by the insurance carrier's authorized representative. ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third -party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party Contract DG 040634 Page 7 of 9 16C7 against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision; No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract DG 040634 Page 8 of 9 16C7 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD I y: Frank Hayden, Procurement Director Date: 8. -BBO�; IiK Recipient's Legal Name: Tom Henning DiI W By Authorized Official:— r;x I I —($ �.t_sa ,. � �t��•iri�w� $ i.. Title: Chairman. Roard of col 1 i r county Commissioners aiiGt!!t"C� gg Approved as to form • lea'ai Safi? i = >, - b�� Date: AsWstsntConat tta»na�t Construction Project Start Date: Jnn„ar� 2005 SFWMD Procur ent approved: Date: l� s �� Contract DG 040634 Page 9 of 9 Attachment A 16C? Collier County Water & Sewer District DG040634 Manatee Road ASR Expansion APPLICATION 2003 -2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT FUNDING PROGRAM APPLICATION FORM Application No: AWS - 04 DG040634 16 C7 ;. (District to provide) The undersigned Applicant has read all of the terms and conditions of the Alternative Water Supply Funding Program Guidelines And Application, and certifies that all of the information contained within this Application and subsequent Attachments is true and correct to the best of its knowledge. . Applicant's Legal Name: Applicant's Address: Collier County Water -Sewer District 3301 Tamiami Trail E. Bldg. H, 3rd Floor Naples, Florida 34112 (State Div./Dept. if applicable) Project Title: Funding Amount Requested: Manatee Road ASR Expansion $630,050 Description: Expansion of the Manatee Rd. County in which Project will be Built: ASR system; includes construction of Collier County 2 ASR wells with attendant piping and wellhead equipment. Type of Organization: Date of Incorporation: County Government State of Incorporation: Federal 1D No.: 21 -07- 019995 -53C Has your organization ever received funding under the Alternative Water Supply Program? Yes K) No ❑ Year last received: 2001 Amount of Funding Received: $300,000 Is the project(s) still ongoing? Yes t No ❑ District's contract number(s): C-'397' Expected completion date(s): 7/1/03 Current status on the project(s): construction scheduled Authorized Person's Name: Telephone Area Code /Number: (239) 732 -2540 _ Signature: Fax Number: s W. DeLony, P.E. (239) 732 -2526 - Title: o r Contract DG040634 Page 1 of 5 DETAILED DESCRIPTION MANATEE ROAD ASR EXPANSION PROJECT 1.0 INTRODUCTION 16C71; Collier County is requesting funding to expand its aquifer storage and recovery (ASR) system. The ASR system serves several purposes: 1) it enhances the existing public water supply, 2) protects sensitive freshwater sources during critical dry months, 3) has allowed the County to delay costly treatment facility expansions, 4) and contributes to the long -term reliability of the County's public water system. Rapid growth and a high dry- season demand for potable and non - potable water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished construction of its first ASR system to help meet the County's water supply needs. The 1 MGD system works by pumping potable water from the water treatment plant during periods of low demand into the Hawthorn Zone 11 aquifer, which is located between 465 and 525 feet below land surface at the site. This brackish aquifer serves as underground storage for the potable water. ASR is increasingly being recognized as an effective tool for managing water resources in south Florida. Through this process, water is stored in an underground aquifer during times when excess water is available and is recovered from the aquifer when needed. The storage of water in an aquifer below ground has a number of advantages over conventional storage methods. When utilizing ASR, storage space is available at a relatively low cost, project Iocations can be selected where convenient, subject to favorable hydrogeologic conditions, evaporative losses are minimized, and underground storage helps to provide protection from contamination The Manatee Road ASR system was proven successful during the drought of 2001 -2002. Collier County was able to successfully meet its water resource needs during this critical time by withdrawing water from the Manatee Road ASR system at a maximum monthly rate of 25 million gallons. Collier County plans to expand the Manatee Road ASR system to further address water availability issues, reduce stress on area aquifers, and decrease the potential for saltwater intrusion into the County's freshwater aquifers. 2.0 PROJECT SCOPE The existing Manatee Road ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment, and a re- chlorination system for the recovered water. Five monitor wells tapping various aquifers have also been installed. The monitor wells are used to collect water level and water quality data at the site. The purpose of this project is to expand the Manatee Road ASR system by adding two ASR wells, wellhead equipment, and attendant piping. A rechlorination facility and two additional ASR wells with attendant facilities will be constructed during a later phase. Contract DG040634 Page 2 of 5 3.0 WORK BREAKDOWN STRUCTURE Description of Project EIements 16C7 The project consists of two tasks: 1) construction and 2) operational start -up and testing. A description of these tasks is provided. Construction Activities The Collier County Manatee Road ASR system will be expanded by the installation of two recharge and recovery wells, designated ASR -2 and ASR -3, which will each have a design capacity of 1.5 MGD. All well construction and testing will be conducted in accordance to FDEP and SFWMD rules. The well testing program will include geophysical logging of the borehole prior to setting the final casing string and the performance of a step- drawdown test. Figure 1 illustrates the ASR well construction details and local geology. Upon completion of well construction, a submersible pump and wellhead will be installed on the well. Surface construction tasks that will be completed to allow for operational testing will include the following: 1) injection/ recovery water transmission main construction, 2) filter, pumps, and valving purchase and installation, 3) instrumentation and controls purchase and installation, and 4) electric system construction. A 6 million gallon above ground storage tank will also be installed at the Manatee Road site, which will allow for more efficient operation of the ASR system and overall water distribution system. Upon the completion of construction activities, a certificate of completion for the wellfield and raw water transmission facilities will be prepared. Record drawings of the new facilities will be developed. An ASR well construction diagram is attached. Operational Start -up and Testing A systems checkout consisting of the troubleshooting of equipment and instrumentation installed as part of the project will be conducted. Start-up operational tests will also be conducted to evaluate the performance of the newly constructed facilities. ASR -2 and ASR -3 will be installed within the freshwater storage zone of the existing ASR well. The new wells will therefore be immediately brought into normal operation, as opposed to conducting cycle testing. The performance of the wells will be monitored for a one -year period after which a request will be made for an "FDEP Authorization" to use. Description of Desien Wells ASR -2 and ASR -3 will be similar in construction to the existing recharge and recovery well ASR -1. The total and cased depths of the wells will be approximately 530 and 470 feet below land surface (bls), respectively, and will be completed with an open hole construction. The wells will be constructed of 12 -inch diameter SDR -17 PVC, expanded to 16- inches in diameter at a depth of 150 feet bls in order to accommodate a submersible pump. The wellhead and instrumentation for ASR -2 and ASR -3 will also be Contract DG040634 Page 3 of 5 similar to those of ASR -1. A well construction diagram is provided as Figure 1. site layout is provided as Figure 2. Project justification and Cost /Benefit Analvsis 16C7 A well Planning projections indicate that by the year 2005, the maximum daily demands for water in Collier County will increase by almost 8 MGD, to 38.74 MGD. provides an economical means for the County to capture a previously unused e o proj r et By taking advantage of seasonal cycles, the ASR system will harness millions of gallons of freshwater and system capacity that would previously have been wasted. The water will be safely stored in the Hawthorn Zone II aquifer until needed. This project will increase the availability of water at a time when it is most needed without stressing freshwater sources. It will also help Collier County meet the objectives of its Water Supply Master Plan. Potential for Siezificant and Lasting Benefits Expansion of the ASR system will have significant and lasting benefits for Collier County. The project will • provide a means to meet the potable demands for current and future Collier County customers, • provide a means to conserve fresh water resources, • minimize the threat of saltwater intrusion by reducing welIfield stress during the dry season, • reduce potential seasonal stress on wetland vegetation, • reduce the need for water system expansion, and • support regional water management strategies. 4.0 LOCATION OF THE PROJECT The ASR facility is located at the South County Manatee Road water transfer and storage site. The site, which is owned by Collier County and zoned for public utility use occupies approximately 40 acres on the south side of Manatee Road. Water storage, re- Pump, and re- chlorination facilities currently exist at the site, which make it especially conducive for this project. A project location map is included as Figure 3. 5.0 DELIVERABLE SCHEDULE The following table provides a project schedule. Completion of the project is estimated to take 24 months. Task Number Task Description Start Date End Date 1 Construction October 2003 October 2004 2 Operational Start -up and Testin October 2004 October 2005 Contract DG040634 Page 4 of 5 Readiness of the Project � 6 C7 1) Professional Certification of the project by Project Architect/ Engineer is included. 2) An FDEP Class V injection well construction permit will be required to implement the proposed work. The application has been submitted to the FDEP. A copy of the application is attached. Prior to the start of operational testing, the SFWMD water use permit and FDEP drinking water permits will have to be modified. Applications for the modifications of the above two permits will be submitted upon completion of FDEP injection well construction permitting. Contract DG040634 Page 5 of 5 a N 41. . - PEACE RIVER n 0 3 N 19 o 0 o 11111111111 1111//1111 O 0 d a Z N z a M m 0 p to oa- (A A 11111111111 sp;111111;1;111s11;1;1i Exhibit "q" 16C7 �� DEPTH, IN FEET, BELOW LAND SURFACE m CJ1 .P W N CD CD 0 CD CD HAWTHORN -O - 41. . - PEACE RIVER • 0 'll '11 1111011111111 11111111111111 o o 11111111111 1111//1111 O 11 !1111 '.1;1;1 Z co 1111111111111 1111111101111111111111u�111 ;1;1;1;x;1;1;1;1;1;1;1;1;1; 11111111111 sp;111111;1;111s11;1;1i ;1;101 11 I' c� m z I111o1111i pm o O� M NAM OfJA M O° G) z Mm cn C)"? T;a =arn (n nrn 0Z D0 U) --q -;t N r CR I mc� mg o� �g z� �o �� mZ mg r"D g D A Z -mM �� A m �n oA n G) C) c) Dm m 0 m <M c) <m nrn MN 2m m Z m X z DA DX z.p O G)� X m to cn m M D n z z r- m G) 0 m HAWTHORN -O - . - PEACE RIVER • 'll '11 1111011111111 11111111111111 11111111111 1111//1111 11 !1111 '.1;1;1 1111111111111 1111111101111111111111u�111 ;1;1;1;x;1;1;1;1;1;1;1;1;1; 11111111111 sp;111111;1;111s11;1;1i ;1;101 11 I' I111o1111i 0 m O O G) MEMORANDUM 16C8 Date: November 20, 2003 To: Peter Schalt, PMP, Project Manager Public Utilities Engineering Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Amendment No. 1 - Work Order #DM- FT -02 -05 Enclosed please find one document as referenced above, (Agenda #16C8) approved by the Board of County Commissioners on November 18, 2003. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures AMENDMENT NO. 1 WORK ORDER #CDM- FT -02 -05 Agreement for Fixed Term Professional Engineering Services Dated April 10, 2001 (Contract #00 -3119) engineering This Work Order is for professional eng g 16CB services for work known as (Title): MANATEE ROAD - FOUR NEW ASR WELLS (Reason for Project): To provide additional future reliability and capacity to the Water System. The work is specified in the proposal dated September 8, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM- FT -02 -05 is assigned to Camp Dresser McKee (CDM). Scope of Work: (List all tasks: Task 1 , Task 2, etc.) Task 4 — Detailed Design Task 7 — Start Up Services Task 5 — Bid Services Task 8 — O &M Manual Task 6 — Construction Services Task 9 - Survey & Geotechnical Schedule of Work: Complete work within 52 weeks from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Fund 411- 273511 -70157 (List all Tasks) Task 4 Lump Sum $115,470.00 Task 7 T &M $ 53,840.00 Task 5 Lump Sum $ 28,980.00 Task 8 T &M $ 11,260-00 Task 6 T &M $146,260.00 Task 9 T &M $ 27,500.00 Total $ 383,310.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: l3CJLilI\ VC4k4� T174 10-3 Pet halt PMP, Senior roject Manager Date A/ /lam /1 / REVIEWED BY: — Paul E. Nfattausch, Water Director Date REVIEWED BY: [ tD` 1� ()-3 —Tate William D. Mullin, P.E., Principal Project Manager APPROVED. BY: Q /�J 9� 1 '0 y �u 3 �y Roy B. Anderson, P.E., Public Utilities Eng. Director Date AT'iE'S.T: BOARD OF C NTY C MISSIONERS Dwight E. ,Broek;:vCi' }exk Collier C Flori L?gpxtty. Ctzr Attest SS to Chalnlrafl's Tom Henning, hairman Approve4�.a�'�o-l~orm an lignature only. Legal Suffici,ericy: Ass stant County Attorney Steve Ca'r I helA, Purchasing /Genl Svc Date: ATTEST: (CorpWate Secretary) By: Type Name and Title (or) witnesses (2) (1) Print Name Camp Dresser McKee B y. 161 4 %6 3 Signature (2) &0 /k S'l� ECU 5;L-PA-L-7 Signature Print Name LIE 9311 College Parkway, Suite 1 Fort Myers, Florida 33919 to I: 239 432 -9494 fax: 239 432 -9453 September 8, 2003 Mr. Pete Schalt, PMP Collier County Government P.U.D. Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 R U. E. D. '03 SFP -3 N, 4. 03 Subject: Revised Scope of Services for Collier County Manatee Road Aquifer Storage and Recovery System Expansion Dear Mr. Schalt: 16 Cg Please find enclosed a draft version of the revised scope of work for the above referenced project. Based on previous discussions with you and your staff, CDM has added design and construction services for a new 6 -Mg prestressed concrete storage tank to the original scope. Along with the amended scope of work we are submitting a draft fee estimate for the proposed services. The total engineering cost for the proposed project is $383,310 as a lump sum ($144,450) and time and materials ($238,860) billing types. This includes design services, permitting and general services during construction of four (4) new ASR wells and one (1) 6- Mg aboveground storage facility. We are looking forward to discussing this proposal with you and your staff. Please feel free to contact me with any questions. Very truly yours, 'e� W. Kirk Martin, P.G. Senior Hydrogeologist CDM Missimer Encs. c: T. Burke, CDM S. Haecker, CDM R. Maliva, CDM Z:1Projectsl372421Transmittal Letter Revised Scope.doc consulting • engineering • construction - operations Collier County Manatee Road Aquifer Storage and Recovery System Expansion Collier County Manatee Road I A r Aquifer Storage and Recovery System Expansion (Revised September 2003) Collier County currently operates a single well potable Aquifer Storage and Recovery (ASR) system at their Manatee Road re -pump and storage facility. The existing ASR system consists of one ASR well equipped with a vertical turbine pump, wellhead equipment and a re- chlorination system for the recovered water. In addition, there are five monitor wells at the site tapping various aquifer units that are used for water level and water quality measurement. Collier County desires to expand the Manatee Road ASR system initially by adding two ASR wells and attendant facilities and subsequently by adding two more ASR wells with attendant facilities. This cost proposal has been developed at the request of Collier County to provide design and permitting services for the planned build -out system (total of five ASR wells) including specifications, bid, construction observation, and start-up services. This scope also includes the design and construction services for a new 6 -Mg finished water, above ground storage facility. The prestressed concrete tank will provide additional operational storage for the Collier County water distribution system. It is assumed that the County, with the assistance of the Engineer will obtain local permits and appropriate County zoning and that the County will pay all permit application fees. The Engineer will issue the checks for application fees and charge the County. Up to four meetings with the various agencies and up to two responses to requests for additional information is included within the scope exclusive of additional computer modeling or additional field testing. Tasks 4A and 4B. Detailed Design of four (4) ASR Wells Engineer will develop Contract Technical Documents for the addition of new potable water ASR wells, attendant piping and wellhead equipment, and post- recovery chlorination facility. The technical documents for the first two (2) ASR wells and for the final two (2) ASR wells will be developed as two separate construction contracts. Design Drawings — Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD format. Contract and Technical Specifications — The technical specifications will be prepared in conformance with the Construction Specifications Institute (CSI) format. Engineer's standard master construction specifications will be used as the basis for the technical specifications for the project. Suitable manufacturers and suppliers with County approval will be identified for each specified item. The County will be provided with both hard and electronic copies of the completed specifications. The County's latest standard specifications will be incorporated into the General and Special Conditions sections. Requirements for special provisions will be carefully evaluated with the County. The electronic copy will be provided in Adobe Acrobat® Reader format. \\Ftmsvrl\Proposals \Proposals \Lisa\Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Mana Road Aquifer Storage and Recovery System Ex n ��jjjjj 8 Design Progress Submittals — Five sets of construction drawings and specifications will be produced and submitted for County review at the 60- percent and 90- percent design levels. The drawings will be provided on bound 11 x 17 -inch sheets. After addressing review comments for the 60- percent submittal, a 90- percent submittal of the drawings and specifications will be produced for final review. The 90- percent submittal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from FDEP and the County. Meetings will be held with the County's Project Delivery Team at 60 %, 90 %, and 100% design levels. Construction Cost Estimates — The Engineer will prepare opinions of probable project construction costs. This estimate will be updated for each design submittal (60- and 90- percent). A revised estimate will be provided with the final bid document submittal. The revised estimate will be provided as a bound report and will consist of a summary of the overall construction costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of the new facilities. Engineer will prepare a final opinion of construction costs based on the 90- percent complete documents. This cost estimate will provide an opinion of anticipated costs and indicate to potential bidders the magnitude of the project. Final Plan Preparation — The final design, 100 - percent complete documents, will incorporate comments from the County and FDEP, as developed in its meetings with the Project Delivery Team. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. The final design documents will incorporate designs of the wells, pumps, and related facilities. Final documents will be prepared for bidding as a single construction contract. A bid schedule will be prepared, describing the work to be performed. A meeting will be held within two weeks of submittal of the final design to discuss comments and recommendations. The County will provide verbal and written comments and each comment will be addressed by the Engineer. Five full -size and five half -size copies of completed design drawings and five sets of specification documents will be submitted to the County. Task 4C. Detailed Design for 6 -Mg Above Ground Storage Tank Engineer will develop Contract Technical Documents for the construction of a new 6 -Mg prestressed concrete, above ground storage tank. Detailed design of the above ground storage tank will be performed concurrently with the detail design of the first two ASR wells (Task 4A). The location of the new tank will take into consideration the construction of a future RO water treatment facility at the Manatee Road ASR site. The new tank will be connected to the proposed four (4) new ASR wells included in Tasks 4A and 4B. A separate supply line will connect the 24- inch water main along Manatee Road with the proposed new tank. The tank outlet will be connected to the existing Manatee Road booster - pumping station. Geotechnical Investigation - Engineer will perform a geotechnical investigation in the area proposed for the new above ground storage tank. This investigation will include performing three (3) Standard Penetration Test (SPT) soil borings to the depth of 45 to 50 feet. Based upon the geotechnical investigation, determinations will be made as to the suitability of the in situ soils to support the new storage tank, construction dewatering criteria, use of excavated material as fill material, etc. \\ Ftmsvrl \Proposals\Proposals\Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion Sur v ey - Engineer will perforrn a topographic survey within the proposed construction areIT6C8 survey will collect topographic information on the existing storage tank, the Manatee Road booster - pumping station and around the proposed location of the new tank. The location of above ground utilities and elevation of the existing access roads will be determined. Horizontal control will be based on the existing tank structure and benchmark location. State Plane Coordinates will not be developed. Design Drawings — Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD format. Contract and Technical Specifications — The technical specifications will be prepared in conformance with the Construction Specifications Institute (CSI) format. Engineer's standard master construction specifications will be used as the basis for the technical specifications for the project. The County will be provided with both hard and electronic copies of the completed specifications. The County's latest standard specifications will be incorporated into the General and Special Conditions sections. Requirements for special provisions will be carefully evaluated with the County. The electronic copy will be provided in Adobe Acrobat® Reader format. Design Progress Submittals — Four sets of construction drawings and specifications will be produced and submitted for County review at the 60- percent and 90- percent design levels. The drawings will be provided on bound 11 x 17 -inch sheets. After addressing review comments for the 60- percent submittal, a 90- percent submittal of the drawings and specifications will be produced for final review. The 90- percent submittal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from FDEP and the County. Construction Cost Estimates — The Engineer will prepare opinions of probable project construction costs. This estimate will be updated for each design submittal (60- and 90- percent). A revised estimate will be provided with the final bid document submittal. The revised estimate will be provided as a bound report and will consist of a summary of the overall construction costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of the new facilities. Engineer will prepare a final opinion of construction costs based on the 90- percent complete documents. This cost estimate will provide an opinion of anticipated costs and indicate to potential bidders the magnitude of the project. Final Plan Preparation — The final design, 100 - percent complete documents, will incorporate comments from the County and FDEP. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. The final design documents will incorporate designs of the wells, pumps, and related facilities. Final documents will be prepared for bidding as a single construction contract. A bid schedule will be prepared, describing the work to be performed. A meeting will be held within two weeks of submittal of the final design to discuss comments and recommendations. The County will provide verbal and written comments and each comment will be addressed by the Engineer. Six full -size and six half -size copies of completed design drawings and six sets of specification documents will be submitted to the County. \ \Ftmsvrl\Proposals\Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion Preparation o f Permit A pp lication - Engineer will prepare the FDEP Construction PerJ6C8 Application for the new 6 -Mg above ground storage tank. The completed permit application will be submitted to the County along with the submission of the 90 percent complete design documents. The application will be submitted to the County for further processing and submittal to the regulatory agencies. Engineer will coordinate with the South Florida Water Management District (SFWMD) regarding permitting requirements. The Engineer will issue checks for permit application fees and will charge the County for the fees. Tasks 5A and 5B Construction Bid Services for four (4) ASR Wells The Engineer will provide bid period services to the County consisting of production of bid documents, response to bidder inquiries, preparation of addenda, and review of bids. Separate construction bid services will be provided for the first two (2) ASR wells and for the final two (2) ASR wells. The services are described below. Reproduction and Distribution of Bid Documents — The final contract documents will be produced in full and half -size bid sets to provide to the County, bidders, building exchanges, trade groups, and project team members. The Engineer will coordinate the distribution and sale of the bid documents, maintenance of the planholders list, and other aspects of bid documentation distribution. Pre -Bid Conference/Response to Bidders Questions — A pre -bid conference will be conducted. The conference will be held at a convenient location and the Engineer will maintain a set of notes. Questions will be logged and appropriate responses will be either given at the conference and/or in addenda prepared by the Engineer. The Engineer will prepare minutes of all meetings. Bid Evaluation and Recommendation for Award — The bid packages will be received and opened by the County at a public location. Bid packages will be reviewed by the Engineer for completeness and appropriateness for award. Engineer will check references as appropriate. Engineer shall provide written recommendation for award of the construction contract to the lowest responsive, responsible bidder. Task 5C Construction Bid Services for new 6 -Mg Above Ground Storage Tank The Engineer will provide bid period services to the County for the construction of a new 6 -Mg prestressed concrete, above ground storage tank. The tank construction will be bid and the work initiated at the same time as the first two ASR wells. Bid services will consist of production of bid documents, response to bidder inquiries (requests for information), preparation of addenda, and review of bids. These services are described below. Reproduction and Distribution of Bid Documents — The final contract documents will be produced in full and half -size bid sets to provide to the County, bidders, building exchanges, trade groups, and project team members. The Engineer will coordinate the distribution and sale of the bid documents, maintenance of the planholders list, and other aspects of bid documentation distribution. Pre -Bid Conference/Response to Bidders Questions — A pre -bid conference will be conducted. The conference will be held at a convenient location and the Engineer will maintain and distribute \ \Ftmsvrl\Proposals\Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion„ a set of meeting notes. Questions will be logged and appropriate responses will be either givlao C the conference and/or in addenda prepared by the Engineer. Bid Evaluation and Recommendation for Award — The bid packages will be received and opened by the County at a public location. Bid packages will be reviewed by the Engineer for completeness and appropriateness for award. Engineer will check references as appropriate. Engineer shall provide written recommendation for award of the construction contract to the lowest responsive, responsible bidder. Tasks 6A and 6B. Construction Administration Services for four (4) ASR Wells Construction administration services to be provided for the construction of the additions to the Manatee Road ASR system are listed below. Construction administration services will be provided for two separate contracts (First two ASR wells and final two ASR wells). Pre - Construction Conference — Engineer will attend a pre - construction conference with representatives from County and Contractor. The Engineer will prepare minutes of the meeting. Shop Drawings — Engineer will review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. Engineer will submit reviewed shop drawing submittals to the County for its records. Engineer will prepare responses to requests for information. Observation of Construction — Provide full -time, on -site observation of construction activities by one or more representatives as authorized and approved by the County. Engineer will provide detailed construction observation services during the construction of the production wells and transmission facilities. These services consist of daily observation of construction activities, collection and analysis of drill cuttings and water samples, testing of any nature, and certification of construction. The Engineer's on -site representative shall prepare and submit weekly progress reports to the County during construction. The weekly progress reports shall include project status, contractor manpower, materials and equipment received, work performed, problems encountered and rectification, and weather conditions. Review Pay Requests - The Engineer's representative will note actual quantities of materials used, and progress of completion. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations — Engineer will issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. Engineer will interpret the requirements of the construction contract documents, evaluate the work performed there under, and make recommendations on any claims by the Contractor. Certificate of Completion — Engineer will prepare a certificate of completion for the wellfield and raw water transmission facilities. Record drawings of the new facilities will be prepared. Five (5) signed and sealed 24 -inch by 36 -inch copies of the Record Drawings will be provided to the County. One (1) electronic copy of the Record Drawings will be provided in AutoCAD R2000 format to the County. \ \Ftmsvrl\ Proposals \Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion 16C8 Task 6C Construction Administration Services for 6 -Mg Above Ground Storage Tank Construction administration services to be provided for the construction of one (1) new 6 -Mg prestressed concrete, above ground storage tank consist of the following: Pre - Construction Conference — Engineer will attend a pre - construction conference with representatives from County and Contractor. Engineer will prepare minutes of meeting. Shop Drawings — Engineer will review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. Engineer will submit reviewed shop drawing submittals to the County for its records. Observation of Construction — Engineer will provide part-time, on -site observation of construction activities by one or more representatives as authorized and approved by the County. Engineer will provide consultation and advice to the County during the period of construction up to six (6) months. The following activities by the Engineer are included in this task. 1. Conduct on -site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe, record and report to the County test procedures and results. 3. Assist the County in serving as the liaison with the Contractor. 4. Make reviews to ascertain that the Contractor maintains up -to -date record drawings at the site. 5. Assist monthly progress meetings with representatives from the Contractor and from the County. Prepare minutes of meeting. Review Pay Requests - The Engineer's representative will note actual quantities of materials used, and progress of completion. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations — Engineer will issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. Engineer will interpret the requirements of the construction contract documents, evaluate the work performed there under, and make recommendations on any claims by the Contractor. Certificate of Completion — Engineer will prepare a certificate of completion for the new storage tank. Record drawings of the new facilities will be prepared. Five (5) 24 -inch by 36 -inch signed and sealed copies of the record drawings will be provided to the County. One (1) electronic copy of the Record Drawings will be provided in AutoCAD R2000 format to the County. \ \Ftmsvrl\ Proposals \Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion Tasks 7A and 7B. Operational and Start-Up Services for four (4) ASR Wells 16C8 During this phase, the Engineer will provide services to the County under the following tasks: Operation and Maintenance Training; and Start-Up Services for the first two (2) ASR wells and for the final two (2) ASR wells. A description of these tasks follows. Operation and Maintenance Training — The Engineer will provide training for the operations and maintenance staff on use of the expanded facilities. The Engineer will assist Collier County in an assessment of the training requirements of the personnel and coordinate the training to meet the applicable regulatory requirements. The training will complement and be coordinated with training to be provided by equipment vendors. Start -Up Services — The Engineer will conduct a systems checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on -site advice and troubleshooting throughout the start-up. Engineer will observe start-up of operational tests to evaluate performance of the newly constructed facilities. Engineer will evaluate operational data on ASR injection and recovery collected by the County for a period of one year. Task 7C. Operational and Start-Up Services for 6 -Mg Above Ground Storage Facility Under this task, Engineer will provide the following services to the County: Start -Up Services — The Engineer will conduct a system checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Engineer will provide on -site advice and troubleshooting throughout the start-up. Engineer will observe start-up and evaluate performance of the newly constructed storage facilities. Task 8. Additional Services The Engineer will provide additional services, as authorized by the County, which may arise during the course of or following the design, construction and start-up of the wellfield improvements. Operation and Maintenance Manual — The Engineer will revise the existing Operation and Maintenance (O &M) manual to include the new facilities. The O &M manual addendum will contain a compilation of equipment maintenance data sheets and information provided as part of the Contractor's submittal during construction, schematic diagrams, and equipment maintenance identification numbers. The revised O &M manual will reflect changes and incorporate training materials and standard procedures developed during start-up. The O &M manual addendum will cover the new facilities and how those facilities integrate with the existing facilities. The manual will contain the following sections: (1) introduction, (2) equipment description, (3) start-up, (4) normal operations, (5) emergency operations, (6) monitoring and analytical requirements, (7) trouble- shooting guidelines, and (8) preventative maintenance. The manual will provide instructions for the operation of each new facility. The manual will specify valve, equipment, and instrument numbers in the operations descriptions. Five (5) copies of each draft addendum will be submitted to the County for review. Corrections, changes and/or additions required by the County will be performed, and five (5) copies of each final O &M manual addendum will be provided. \ \Ftmsvrl\Proposals\Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion 1608 The Engineer will perform other additional services, which are not part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the County, during preliminary design, detailed design, bidding, construction, start-up, or after completion of construction. General Assumptions Work described in the scope of services for the Eve project elements is based upon the assumptions listed below: Construction of the first two (2) ASR wells, of the 6 -Mg storage tank, and of the final two (2) ASR wells will be bid as three (3) separate contracts. The first two ASR wells and the 6 -Mg above ground storage tank will be bid at the same time to provide concurrent construction schedules. 2. The County will perform acquisition of necessary easements (including temporary construction easements). Engineer will define necessary easements and provide surveying and necessary drawings. County will provide Engineer available record drawings of all existing facilities. Record drawings of existing facilities will serve as the basis for new facility location in this project. 4. Record drawing mark -ups will be prepared by the project construction contractors and submitted to the Engineer for review. County will provide Bid/Contract Documents (including front -end documents) for incorporating with Engineer - supplied contract general conditions. 6. The County will pay all permit application fees. Engineer will issue checks and be reimbursed by the County. 7. The proposed production well locations and pipeline routes for the expansion are understood to be free of environmental contamination. Deliverables Engineer will provide the following deliverables: 1. FDEP Construction Permit Application for above ground storage tank. 2. Five (5) sets of 24 -inch by 36 -inch 60 percent plans, specifications and opinion of probable construction cost for first two (2) ASR wells. 3. Five (5) sets of 24 -inch by 36 -inch 90 percent plans, specifications and opinion of probable construction cost for first two (2) ASR wells. 4. Five (5) sets of 24 -inch by 36 -inch 60 percent plans, specifications and opinion of probable construction cost for 6 -Mg above ground storage facility. 5. Five (5) sets of 24 -inch by 36 -inch 90 percent plans, specifications and opinion of probable construction cost for 6 -Mg above ground storage facility. \ \Ftmsvrl\Proposals\Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion 6. Five (5) sets of 24 -inch by 36 -inch 60 percent plans, specifications and opinion of 16C8 probable construction cost for final two (2) ASR wells. 7. Five (5) sets of 24 -inch by 36 -inch 90 percent plans, specifications and opinion of probable construction cost for first final (2) ASR wells. 8. Five (5) sets of 24 -inch by 36 -inch final plans, 12 -inch by 18 -inch final plans, specifications and opinion of probable construction cost for first two (2) ASR wells. 9. Five (5) sets of 24 -inch by 36 -inch final plans, 12 -inch by 18 -inch final plans, specifications and opinion of probable construction cost for 6 -Mg above ground storage facility. 10. Five (5) sets of 24 -inch by 36 -inch final plans, 12 -inch by 18 -inch final plans, specifications and opinion of probable construction cost for final two (2) ASR wells. 11. FDEP Construction Permit Application for new 6 -Mg above ground storage tank. 12. Initial and Final Punch Lists. 13. Five (5) hardcopy sets of 24 -inch by 36 -inch signed and sealed Record Drawings for first two (2) ASR wells. 14. Five (5) hardcopy sets of 24 -inch by 36 -inch signed and sealed Record Drawings for new 6 -Mg above ground storage tank. 15. Five (5) hardcopy sets of 24 -inch by 36 -inch signed and sealed Record Drawings for final two (2) ASR wells. 16. One (1) electronic copy of Record Drawings in AutoCAD R2000 format for first two (2) new ASR wells. 17. One (1) electronic copy of Record Drawings in. AutoCAD R2000 format for new 6- Mg above ground storage facility. 18. One (1) electronic copy of Record Drawings in AutoCAD R2000 format for final two (2) new ASR wells. 19. Five (5) copies of draft O &M manual addendum. 20. Five (5) copies of final O &M manual addendum. 9. Time of Performance Engineer will complete Tasks 4A, 5A, 6A, 7A and 8 in accordance with the schedule based on cumulative weeks from the date of the NTP by the County: TASK CUMULATIVE WEEKS FROM NTP 4A. Detailed Design (2 Wells) 16 5A. Construction Bid Services (2 Wells) 20 6A. Construction Administration Services (2 Wells) 44 7A. Operational and Start-up Services (2 Wells) 48 8. Additional Services To be determined \ \Ftmsvrl\ Proposals \Proposals \Lisa\Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion _ Engineer will complete Tasks 4B, 5B, 6B, 7B and 8 in accordance with the schedule based on cumulative weeks from the date of the NTP by the County: TASK CUMULATIVE WEEKS FROM NTP 4B. Detailed Design (2 Wells) 8 5B. Construction Bid Services (2 Wells) 12 6B. Construction Administration Services (2 Wells) 28 7B. Operational and Start-up Services (2 Wells) 38 8. Additional Services To be determined Engineer will complete Tasks 4C, 5C, 6C, 7C and 8 in accordance with the schedule based on cumulative weeks from the date of the NTP by the County: Engineer will observe the time limitations. However, should there be delays in receiving subsequent authorizations, approvals, and review comments from the County, and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by Engineer and the County. Engineer shall not be responsible for delays that occur as the result of action or inaction of others not under contract to Engineer. The County \ \Ftmsvrl\Proposals \Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc CUMULATIVE TASK WEEKS FROM NTP 4C. Detailed Design (6 -Mg Above Ground Storage 16 Facility) 5C. Construction Bid Services (6 -Mg Above Ground 20 Storage Facility) 6C. Construction Administration Services (6 -Mg Above 44 Ground Storage Facility) 7C. Operational and Start -up Services (6 -Mg Above 48 Ground Storage Facility) 8. Additional Services To be determined Engineer will observe the time limitations. However, should there be delays in receiving subsequent authorizations, approvals, and review comments from the County, and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by Engineer and the County. Engineer shall not be responsible for delays that occur as the result of action or inaction of others not under contract to Engineer. The County \ \Ftmsvrl\Proposals \Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc Collier County Manatee Road Aquifer Storage and Recovery System Expansion rr agrees to provide comments on all draft deliverables within two weeks, unless another deadline is agreed upon. \ \Ftmsvrl\Proposals\Proposals \Lisa \Manatee Road ASR\ManateeRdASRExpProp_SH.doc COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamiami Trail • Naples, Florida 34112 • (239) 732 -2575 • FAX (239) 732 -2526 November 21, 2003 The Honorable Burt Saunders Florida State Senator, District 37 Senate Office Building Room 418 404 South Monroe Street Tallahassee, FL 32399 -1100 3301 East Tamiami Trail, Suite 304 Naples, FL 34112 -4902 Subject: Water Quality Improvement and Waster Restoration Grant Program Section 403.885 F.S. (formerly called House Bill 85 1) FDEP ID# WW20032038, Rookery Bay Force Main and Pump Station Improvement Project FDEP ID# SW20032037, Lely Area Stormwater Improvement Project (LASIP) Dear Senator Saunders: The Water Quality Improvement and Water Restoration Grant Program. Section 403.885 F.S. (formerly called House Bill 85 1) is now accepting applications for 2004. Collier County has numerous projects that meet the intent of this much needed grant program which was to help communities fund projects that will improve water quality and protect the public health. Our County has identified over .800 million in projects scheduled over the next 20 years, which are critical to the County's overall goal of safe and effective wastewater and stormwater management. This is a huge endeavor, and will necessitate that Collier maximize all its funding resources including the use of utility fees, low cost interest loans, and grants, whenever available. As you may be aware, this grant program will only accept applications for projects that are sponsored by local legislative representatives. Therefore, we are requesting your support and sponsorship for the two projects that are identified in the attached Community Budget Issue Requests (CBIRs) and further described below: Rookery Bav Wastewater Improvement Project, FDEP ID# WW20032038. This utility system was taken over by the County at the request of the State due to its serious state of disrepair and the previous owner's inability to bring the system up to public heath and safety standards. We are currently beginning the planning and design phase for the required upgrades, and are seeking assistance with the anticipated construction costs. This grant application was submitted in the amount of $1,000,000. The Honorable Burt Saunders November 21, 2003 Page 2 16C9 , Lely Area Stormwater Improvement Program (LASIP), FDEP ID# SW20032037. Collier County has a critical need for improved stormwater management. The overall project will reduce flooding and improve water quality throughout the East Naples area. At this time, we are asking for grant assistance to cover one quarter of the expected cost of the first phase. This phase is expected to begin in 2004 provided sufficient funding is available. This grant application was submitted in the amount of $2,000,000. Both the Rookery Bay and LASIP projects are considered critical need, and will serve low - moderate income neighborhoods. Although Collier County as a whole is perceived as affluent, these projects represent many citizens that economically cannot afford to bear the cost of the necessary improvements. Your sponsorship and support of these endeavors will be very much appreciated by Collier County and its residents. If you have any questions regarding these projects, please feel free to call me at (239) 774 -8097 to schedule an appointment with me and /or the Public Utilities and Transportation staff. Sincerely � l o Chairman Tom Henning Commissioner, Collier County District 3 Attachments: Community Budget Issue Requests (CBIRs) (2) FDEP Grant Applications (2) cc: Commissioner Jim Coletta Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Frank Halas James V. Mudd, County Manager Leo Ochs, Deputy County Manager Beth Walsh, Assistant to the County Manager James W. DeLony, Public Utilities Administrator Norm Feder, Transportation Administrator Marlene Foord, Grants Coordinator Robert Wiley, Transportation Principal Project Manager - Stormwater Tom Wides, Public Utilities Operations Director Mark Brewer, Angie Brewer & Associates, L.C. Ap r legal sufficiency Assis County Attorney ATTEST; L�° G�� Depci #yCl: -vk r _ Attest ' as tc Chairs 's signature only. R a� COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamiami Trail • Naples, Florida 34112 • (239) 732 -2575 • FAX (239) 732 -2526 November 21, 2003 The Honorable J. Dudley Goodlette House Representative, District 76 Florida Capitol Room 317 402 South Monroe Street Tallahassee, FL 32399 -1300 3301 East Tamiami Trail, Suite 203 Naples, FL 34112 -4961 Subject: Water Quality Improvement and Waster Restoration Grant Program Section 403.885 F.S. (formerly called House Bill 85 1) FDEP ID# WW20032038, Rookery Bay Force Main and Pump Station Improvement Project FDEP ID# SW20032037, Lely Area Stormwater Improvement Project (LASIP) Dear Representative Goodlette: The Water Quality Improvement and Water Restoration Grant Program, Section 403.885 F.S. (formerly called House Bill 851) is now accepting applications for 2004. Collier County has numerous projects that meet the intent of this much needed grant program which was to help communities fund projects that will improve water quality and protect the public health. Our County has identified over $800 million in projects scheduled over the next 20 years, which are critical to the County's overall goal of safe and effective wastewater and stormwater management. This is a huge endeavor, and will necessitate that Collier maximize all its funding resources including the use of utility fees, low cost interest loans, and grants, whenever available. As you may be aware, this grant program will only accept applications for projects that are sponsored by local legislative representatives. Therefore, we are requesting your support and sponsorship for the two projects that are identified in the attached Community Budget Issue Requests (CBIRs) and further described below: Rookery Bay Wastewater Improvement Project, FDEP ID# WW20032038. This utility system was taken over by the County at the request of the State due to its serious state of disrepair and the previous owner's inability to bring the system up to public heath and safety standards. We are currently beginning the planning and design phase for the required upgrades, and are seeking assistance with the anticipated construction costs. This grant application was submitted in the amount of $1,000,000. The Honorable J. Dudley Goodlette November 21, 2003 Page 2 16C9 Lely Area Stormwater Improvement Program (LASIP), FDEP ID# SW20032037. Collier County has a critical need for improved stormwater management. The overall project will reduce flooding and improve water quality throughout the East Naples area. At this time, we are asking for grant assistance to cover one quarter of the expected cost of the first phase. This phase is expected to begin in 2004 provided sufficient funding is available. This grant application was submitted in the amount of $2,000,000. Both the Rookery Bay and LASIP projects are considered critical need, and will serve low - moderate income neighborhoods. Although Collier County as a whole is perceived as affluent, these projects represent many citizens that economically cannot afford to bear the cost of the necessary improvements. Your sponsorship and support of these endeavors will be very much appreciated by Collier County and its residents. If you have any questions regarding these projects, please feel free to call me at (239) 774 -8097 to schedule an appointment with me and/or the Public Utilities and Transportation staff. Sincerely, Chairman Tom Henning Commissioner, Collier County District 3 Attachments: Community Budget Issue Requests (CBIRs) (2) FDEP Grant Applications (2) cc: Commissioner Jim Coletta Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Frank Halas James V. Mudd, County Manager Leo Ochs, Deputy County Manager Beth Walsh, Assistant to the County Manager James W. DeLony, Public Utilities Administrator Norm Feder, Transportation Administrator Marlene Foord, Grants Coordinator Robert Wiley, Transportation Principal Project Manager - Stormwater Tom Wides, Public Utilities Operations Director Mark Brewer, Angie Brewer & Associates, L.C. Ap u .a legal sufficiency Assistant County Attorney ATTEST: ��; ►3 cc.; DWIGHT `l =: SR; f',K 14 RK _ � �4! a &, Attet°� �'td Cha fi �b s Project Tracking #: Community Budget Issue Request 1. Project Title: Rookery Bay Force Main and Pump Station Improvements Project Date: 11/18/2003 2. Member Sponsor(s) Name: Rep. J. Dudlev Goodlette, Senator Burt Saunders District No.(s): House District 76, Sena1is6 3 3. What statewide interest does this project address as it relates to Chapter 216.052(1)? An upgraded and adequately constructed wastewater transmission system which helps reduce the incidents of raw untreated wastewater discharges to the ground and surface waters of Florida will improve water quality and help protect both public and environmental health. 4. Requester: Name: Collier County Organization: Collier County (Water -Sewer District) 5. Recipient: Name: Collier County Street: 3301 E. Tamiami Trail, H 3rd City: Naples Zip Code: 34112 Counties: Collier County Gov't Entity ® or Private Organization (Profit/Not for Profit) ❑ 6. Contact: Name: Mark Brewer, Angie Brewer & Associates, L.C. Phone #: (941) 756 -5800 7. Project Description: (Include services to be provided) To replace and /or rehabilitate substandard piping, pump station and related components, as well as improve overall construction grade /burial depth in order to bring the Rookery Bay wastewater system up to current construction standards. 8. Is this a water project as described in Chapter 2002 -291, Laws of Florida? Yes ® No ❑ Unknown ❑ 8a. If yes, has the project been submitted to the Department of Environmental Protection? Yes ® No ❑ Unknown ❑ 8b. If yes, enter the DEP identifying number: WW20032038 9. Measurable Outcome Anticipated: The replacement and rehabilitation of the wastewater system's transmission lines and pump stations will help prevent sewage discharges to the ground and surface waters of Florida. This will help improve water quality and provide increased public and environmental health protection. 10. Amount you are requesting from the State for this project this year? Amount Requested: $1.000,000 11. Total cost of project this year: $1,330,000 1 12. Is this request being made to fund (check all that apply): Operations ❑ Construction ED 13. What type of match exists for this request? Local ® Private ❑ Federal ❑ None ❑ 13a. Enter all amounts that apply: Total Cash Amount $330,000 Total In Kind Amount 14. Was this project previously funded by the State'? Yes ❑ No ® Unknown ❑ 14a. If yes, most recent Fiscal Year g• 1998 -1999 e $ ( ) Amount: 15. Is future -year funding likely to be requested? Yes ❑ No ® Unknown ❑ 15a. If yes. how much? $ 15b. Purpose for future year funding: Recurring Operations ❑ Non - Recurring Construction ❑ Other 16. Will this be an annual request? Yes ❑ No ® Unknown ❑ 17. Was this project included in an Agency Budget Request? Yes ® No ❑ Unknown ❑ 17a. If yes, name the Agency: FDEP Water Project Funding under s.403.85, F.S. (formerly HB 85 1) 18. Was this project included in the Governor's Recommended Budget? Yes ❑ No ® Unknown ❑ 19. Is there documented need for this project? Yes ® No ❑ Unknown ❑ 19a. If yes, what is the documentation? (eg: LRPP, Agency Needs Assessment, etc.) Collier County Government's Wastewater Master Plan Update, December 2002 20. Was this project request heard before a publicly- noticed meeting of a body of elected officials (municipal, county, or state)? Yes ® No ❑ Unknown ❑ 20a. If yes, name the Body: Collier County Board of County Commissioners Most recent meeting date: November 18, 2003 Important: Attach appropriate supporting documentation. Version 31 08/21/02 ID # (to be assigned by DEP) WW20O32038 Application for Water Project Funding under s. 403.885, F.S. (House Bill 851) ^ The following Information is required for all water projects (wastewater, stormwater, surface wate 6 C 9 restoration, and other water management projects). You must complete all fields or your application will be deemed incomplete. Instructions are available here. We recommend that you TAB from one field to the next after entering information. Please double -check to ensure that you do not enter text in number or date fields. 1. Applicant (entity) name: Collier County Name of local official authorizing application: Street: 3301 East Tamiami Trail, H 3rd City: Naples Zip Code: 34112 County: Collier James DeLony, Public Utilities Administrator 2. Project Title: Rookery Bay Force Main and Pump Station Improvement Project 3. Contact Person Name: Mark Brewer, Angie Brewer & Associates, L.C. Phone Number: (941) 756 -5800 E -mail: markb @abalc.com 4. Applicant type (select one): • County • Municipality (city, town, village) ❑ • Water management districts ❑ • Special district that has legal responsibilities for water quality improvement, water management, storm water management, sewer system operations, and lake and river restoration projects ❑ 4a. If applicant is a county, is it designated as a Rural Area of Critical Economic Concern under s. 288.0656, Florida Statutes? Yes ❑ No 5. Project Type: Wastewater ED Stormwater ❑ Surface Water Restoration ❑ Flood Control ❑ Other ❑ 5a. Project Description (identify location and specific facilities to be provided): *The intent of the project is to replace and/or rehabilitate the substandard piping, pump station and related components, as well as improve overall construction grade /depth in order to bring the Rookery Bay wastewater system up to current construction standards. This wastewater system was previously owned by a private utility. It was transferred to the County at the request of FDEP due to its state of disrepair. The County plans to begin the planning and design phase for this project in 2003/2004. 'Form field will expand. 6. Applicant population, if Municipality (city, town, village) or County (must be from Census 2000)': Population = 251,377 *Census 2000 population data for Florida cities and counties may be obtained at 1 http:/ /censtats.census.gov /pub /Profiles.shtml. Select Florida from the drop -down box and en er the specific location in which you are interested. 7. Applicant per capita income, if Municipality (city, town, village) or County (must be from Census 2000) *: Per capita income = $31,195* *This is the County's per capita income: however, the protect area's per capita income is approximately $18,839 based on 2000 census tract and block data which is below both the County's and the State's overall per capita income levels *Census 2000 per capita income data for Florida cities and counties may be obtained at http: / /censtats.census.gov /pub /Profiles.shtmi. Select Florida from the drop -down box and enter the specific location in which you are interested. 8. Total estimated cost of project (round to nearest $1,000): $1,330,000* ( *includes contingency cost) 9. Amount requested in this application (round to nearest $1,000): $1,000,000 10. Is this request being made to fund (check applicable): Operations? ❑ Construction? 11. What type of match exists for this request (check applicable)? Local ® Private ❑ Federal ❑ None ❑ 11 a. Enter amounts that apply: Total cash amount: $330,000 Total in -kind amount: $ 12. Was this project previously funded by the state? Yes ❑ No ® Unknown ❑ 12a. If yes, most recent Fiscal Year: Amount (round to nearest $1,000): $ 12b. Has the project been funded —or is it on a list for funding consideration —by any Department of Environmental Protection, Department of Community Affairs, or federal funding program (State Revolving Fund, Small Community Wastewater Grant, Florida Forever, Community Development Block Grant, Rural Development Corporation, Economic Development Administration, etc.)? Yes ® No ❑ Unknown ❑ 12c. If yes, provide: Name of the funding program: SFWMD Big Cypress Basin Cooperative Water Resource Projects Type of funding (loan, grant, combination, etc.): Grant Status or likelihood of funding (awarded, pending, under consideration, etc): Pending Amount awarded, pending, or under consideration: $50,000 13. Is future funding likely to be requested? Yes ❑ No ® Unknown ❑ 13a. If yes, how much: $ 14. Is the project included in a (check applicable): • Surface Water Improvement and Management Plan under chapter 373, part IV? ❑ • Other water restoration plan required by law? ❑ • Watershed restoration management plan prepared pursuant to s. 403.067, F.S.? ❑ • Wastewater Facility Plan? ❑ • Locally ad_ opted wastewater, stormwater, or other water quality improvement or restoration plan? • Other ❑ 2 14a. Provide the name and date of the plan, the date of its adoption or approval, and cite th T6C9 g s) where the project is identified and described. *Collier County Government 2002 Wastewater Master Plan Update, December 16, 2002, Tables 8.1, page 2 of 3. Adopted February 25, 2003. *Form field will expand. If this plan has not previously been submitted to DEP, you must submit it (or a copy of the cover page, dated page, and the pages where your project is identified) to the following address: Florida Department of Environmental Protection Division of Water Resource Management 2600 Blair Stone Road, Mail Station 3500 Tallahassee, FL 32399 -2400 ATTN: WATER PROJECT APPLICATIONS 15. Will this project protect the environment? Yes ® No ❑ 15a.Describe, specifically, how it will protect the environment: `When the utility was transferred to the County it was in disrepair and had substandard piping with inadequate pipe burial /grade. Pipe is frequently damaged by lawn maintenance equipment, etc. Upgrading the system will help eliminate sewage spillage to the ground and surface waters of the State. *Form field will expand 15b. Will this project reduce pollutant loadings to a surface water body? Yes ® No ❑ 15c. If yes, name the water body: Current wastewater pipe crosses the canal with no protective casing. When wastewater spills it directly pollutes the Gulf. 15d. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: * The use of directional boring and improved construction will help eliminate untreated sewage discharges, thereby reducing pollutant loading to the surface waters. `Form field will expand. 15e. Will this project reduce pollutant loadings to ground water? Yes ® No ❑ 15f. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: *Leaking and breakage of substandard piping results in direct pollution to the ground water in the surrounding area. Correcting this problem will reduce all associated pollutant loading. *Form field will expand. 16. Will this project protect public health? Yes ® No ❑ 16a. If yes, describe, specifically, how it will protect public health: [Field needs to hold 500 words] *Raw untreated sewage spills are a public health hazard. Upgrading the system to meet current standards will reduce sewage spills and help protect public health. 3 'Form field will expand. 17. Was this project request heard before a publicly- noticed meeting of a body of elected offici16C9 (municipal, county, or state)? Yes ® No ❑ Unknown F-1 17a. If yes, name the body: Collier County Board of County Commissioners 17b. Meeting date: February 25, 2003 4 Project Tracking #: Community Budget Issue Request 1. Project Title: Lely Area Stormwater Improvement Project (LASIP) Date: 11/18/2003 16C9 2. Member Sponsor(s) Name: Rep. J. Dudley Goodlette, Sen. Burt Saunders District No(s): House District 76 , Senate District 37 3. What statewide interest does this project address as it relates to Chapter 216.052(1)? Improvements will reduce flooding, help eliminate over - drainage conditions, and restore flow to significant wetland system. By providing increased flood control and residence time in the improved drainage canal system prior to discharge, pollutant loading to surface and groundwaters will be reduced. 4. Requester: Name: Collier County Organization: Collier County (Transportation Services Division) 5. Recipient: Name: Collier County Street: 3301 E. Tamiami Trail City: Naples Zip Code: 34112 Counties: Collier County Gov't Entity ® or Private Organization (Profit/Not for Profit) ❑ 6. Contact: Name: Mark Brewer, Angie Brewer & Associates, L.C. Phone #: (941) 756 -5800 7. Project Description: (Include services to be provided) Project will include the deepening and widening of ditches and canals, additional weirs to hold water, spreader lakes to provide improved water quality and discharge characteristics, as well as stormwater pump station /s as needed. 8. Is this a water project as described in Chapter 2002 -291, Laws of Florida? Yes ® No ❑ Unknown ❑ 8a. If yes, has the project been submitted to the Department of Environmental Protection? Yes ® No ❑ Unknown ❑ 8b. If yes, enter the DEP identifying number: SW20032037 9. Measurable Outcome Anticipated: Increased stormwater management capability, flood control, and improved water quality. 10. Amount you are requesting from the State for this project this year? Amount Requested: $2.000,000 11. Total cost of project this year: $8,000,000 1 12. Is this request being made to fund (check all that apply): Operations ❑ Construction 13. What type of match exists for this request? Local ® Private ❑ Federal ❑ None ❑ 13a. Enter all amounts that apply: Total Cash Amount $6,000,000 Total In Kind Amount $ 14. Was this project previously funded by the State? Yes ❑ No ® Unknown ❑ _ 14a. If yes, most recent Fiscal Year (eg. 1998 -1999) Amount: �$ 15. Is future -year funding likely to be requested? Yes ❑ No ❑ Unknown ® 15a. If yes, how much? I$ 15b. Purpose for future year funding: Recurring Operations ❑ Non - Recurring Construction ❑ Other 16. Will this be an annual request? Yes ❑ No ❑ Unknown 17. Was this project included in an Agency Budget Request? Yes ® No ❑ Unknown ❑ 17a. If yes, name the Agency: FDEP Water Project Funding under s.403.85, F.S. (formerly HB 851) 18. Was this project included in the Governor's Recommended Budget? Yes ❑ No ® Unknown ❑ 19. Is there documented need for this project? Yes ® No ❑ Unknown ❑ 19a. If yes, what is the documentation? (eg: LRPP, Agency Needs Assessment, etc.) Collier County Government's Stormwater Management Program Master Plan, August 1990 (and subsequent project summaries). 20. Was this project request heard before a publicly- noticed meeting of a body of elected officials (municipal, county, or state)? Yes ® No ❑ Unknown ❑ 20a. If yes, name the Body: Collier County Board of Commissioners Most recent meeting date: November 18, 2003 Important: Attach appropriate supporting documentation. Version 31 08/21/02 ID # (to be assigned by DEP) SW20032037 Application for Water Project Funding under s. 403.885, F.S. (House Bill 851) dl I rl C) The following information is required for all water projects (wastewater, stormwater, surface wat jv_ restoration, and other water management projects). You must complete all fields or your application will be deemed incomplete. Instructions are available here. We recommend that you TAB from one field to the next after entering information. Please double -check to ensure that you do not enter text in number or date fields. 1. Applicant (entity) name: Collier County Name of local official authorizing application: Jim Mudd, County Manager Street: 3301 East Tamiami Trail, Harmon Turner Bldg. City: Naples Zip Code: 34112 County: Collier 2. Project Title: Lely Area Stormwater Improvement Project (LASIP) 3. Contact Person Name: Mark Brewer, Angie Brewer & Associates, L.C. Phone Number: (941) 756 -5800 E -mail: markb @abalc.com 4. Applicant type (select one): • County • Municipality (city, town, village) ❑ • Water management districts ❑ • Special district that has legal responsibilities for water quality improvement, water management, storm water management, sewer system operations, and lake and river restoration projects ❑ 4a. If applicant is a county, is it designated as a Rural Area of Critical Economic Concern under s. 288.0656, Florida Statutes? Yes ❑ No 5. Project Type: Wastewater ❑ Stormwater Surface Water Restoration ❑ Flood Control ❑ Other ❑ 5a. Project Description (identify location and specific facilities to be provided): `Project will include the deepening and widening of ditches and canals, additional weirs to hold water, spreader lakes to provide improved water quality and discharge characteristics, as well as stormwater pump station /s as needed. "Form field will expand. 6. Applicant population, if Municipality (city, town, village) or County (must be from Census 2000)`: Population = 251,377 *Census 2000 population data for Florida cities and counties may be obtained at http: / /censtats.census.gov /pub /Profiles.shtml. Select Florida from the drop -down box and ter the specific location in which you are interested. 7. Applicant per capita income, if Municipality (city, town, village) or County (must be from Census 2000) *: Per capita income = $31,195* *This represents the County's per capita income; however, approximately one half of the population to be served by this phase of the Lely project has a per capita income below the County's annual per capita income level (as determined by 2000 census tract and block data). *Census 2000 per capita income data for Florida cities and counties may be obtained at http: / /censtats.census.gov /pub /Profiles.shtml. Select Florida from the drop -down box and enter the specific location in which you are interested. 8. Total estimated cost of project (round to nearest $1,000): $8,000,000 (phase 1) 9. Amount requested in this application (round to nearest $1,000): $2,000,000 10. Is this request being made to fund (check applicable): Operations? ❑ Construction? 11. What type of match exists for this request (check applicable)? Local ® Private ❑ Federal ❑ None ❑ 11a. Enter amounts that apply: Total cash amount: $6,000,000 Total in -kind amount: $ 12. Was this project previously funded by the state? Yes ❑ No ® Unknown ❑ 12a. If yes, most recent Fiscal Year: Amount (round to nearest $1,000): $ 12b. Has the project been funded —or is it on a list for funding consideration —by any Department of Environmental Protection, Department of Community Affairs, or federal funding program (State Revolving Fund, Small Community Wastewater Grant, Florida Forever, Community Development Block Grant, Rural Development Corporation, Economic Development Administration, etc.)? Yes ❑ No ® Unknown ❑ 12c. If yes, provide: Name of the funding program: Type of funding (loan, grant, combination, etc.): Status or likelihood of funding (awarded, pending, under consideration, etc): Amount awarded, pending, or under consideration: $ 13. Is future funding likely to be requested? Yes ❑ No ❑ Unknown 13a. If yes, how much: $ 14. Is the project included in a (check applicable): • Surface Water Improvement and Management Plan under chapter 373, part IV? ❑ • Other water restoration plan required by law? ❑ • Watershed restoration management plan prepared pursuant to s. 403.067, F.S.? ❑ • Wastewater Facility Plan? ❑ • Locally adopted wastewater, stormwater, or other water quality improvement or restoration plan? • Other ❑ iA 14a. Provide the name and date of the plan, the date of its adoption or approval, and cite the page(s) where the project is identified and described. *Collier County Government Stormwater Master Plan, originally adopted August 27, 1990. 1 6C9 (Summary of Master Plan and map of the project area is being sent to FDEP under separa e cover.) *Form field will expand. If this plan has not previously been submitted to DEP, you must submit it (or a copy of the cover page, dated page, and the pages where your project is identified) to the following address: Florida Department of Environmental Protection Division of Water Resource Management 2600 Blair Stone Road, Mail Station 3500 Tallahassee, FL 32399 -2400 ATTN: WATER PROJECT APPLICATIONS 15. Will this project protect the environment? Yes ® No ❑ 15a.Describe, specifically, how it will protect the environment: *The proposed Lely Area Stormwater Improvement Project components work together to modify an unregulated collection of undersized ditches and canals and create a manageable stormwater management system that provides increased levels of flood protection to existing residential and commercially developed properties, establishes control elevations to eliminate current overdrainage conditions, restores flow to a significant wetland slough at the headwaters of Sandhill Bay, and re- establishes flow to a wetland system adjacent to Rookery Bay that has been cut off from its historical source of basin sheet flow by development activities approximately forty (40) years ago. Additionally, by providing increased flood control and increased residence time of stormwater prior to discharge, pollutant loadings will be reduced. *Form field will expand. 15b. Will this project reduce pollutant loadings to a surface water body? Yes ® No ❑ 15c. If yes, name the water body: * Sandhill Bay and Dollar Bay, both of which ultimately feed into Rookery Bay, will benefit from improved stormwater management, including improved discharge to the Gulf. 15d. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: * The Lely Area Stormwater Improvement Project is a regional stormwater management system project that includes several construction phases. Water quality impact calculations were performed on a basin by basin analysis using a methodology developed by Dr. Harvey Harper, P.E. and approved for use in southwest Florida by an agreement between the Environmental Protection Agency, the Florida Department of Environmental Protection and the South Florida Water Management District. The methodology evaluates pollutant removal rates afforded by a permanent pool of water in a lake, or as in this case, a canal system that is controlled by weir structures. The calculations take into consideration the cascaded nature of the proposed outfall system by 1) adding the upstream basins annual runoff into the downstream basins which has the effect of reducing the residence time of the permanent pool, and 2) adding the untreated portion of upstream basins pollutant loads into the downstream basins. The Lely Area Stormwater Improvement Project is divided into two major systems, the Lely Main Canal System and the Lely Manor System. For each of these main systems, the analysis indicates that an average reduction for the various pollutant constituents is as follows: Lely Main Canal System 3 Nitrogen 45% BOD 59% Phosphorus 60% ; Lely Manor System .J' Nitrogen 38% BOD 45% Phosphorus 52% Generally speaking, the modeled pollutant loadings are reduced by providing increased residence time in the improved canals that will be controlled by weirs, and with additional spreader lakes at the discharge points. *Form field will expand. 15e. Will this project reduce pollutant loadings to ground water? Yes ® No ❑ 15f. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that will be used to reduce loadings: "Providing a manageable stormwater system by modifying the configuration, number and size of canals, as well as providing spreader lakes, will help eliminate uncontrolled stormwater flooding, which ultimately reduces groundwater contamination. 'Form field will expand. 16. Will this project protect public health? Yes ® No ❑ 16a. If yes, describe, specifically, how it will protect public health: [Field needs to hold 500 words] *Improved stormwater management reduces street and structure flooding, thereby reducing the associated public health risks. *Form field will expand. 17. Was this project request heard before a publicly- noticed meeting of a body of elected officials (municipal, county, or state)? Yes ® No ❑ Unknown ❑ 17a. If yes, name the body: Collier County Board of County Commissioners 17b. Meeting date: Resolution adopting Master Plan was adopted August 27, 1990. Additional hearing for support of this grant application also scheduled for November 18, 2003. 4 16D2.1 " MEMORANDUM Date: November 26, 2003 To: Linda L. Jackson, Contract Agent Purchasing Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract No. 03 -3463 Parks and Recreation Management Software, Class Software Solutions, Ltd. Enclosed please find three (4) original documents, as referenced above, (Agenda Item #16D2), approved by the Board of County Commissioners on November 18, 2003. Kindly forward same to the appropriate parties. If you should have any questions, please contact me at 774 -8411 Thank you. Exhibit A -Collective Agreements 1602 PFP No. 03 -3463 1 of Exhibit A, hereby incorporates the collective Class Software Agreements into a unified Agreement, No. 03 -3463, "Parks and Recreation Management Software ". I. General Software Services Agreement II. Software License Agreement III. Software Support and Maintenance Agreement IV. Third Party Purchase Agreement V. Source Code Escrow Agreement VI. Attached Exhibit Schedules 1. Schedule A, List of Other Software 2. Schedule B, List of Equipment 3. Schedule C, Project Schedule 4. Schedule D, Payment Schedule 5. Schedule E, Contractor Network Access Agreement Mutually agreed upon Addendums to RFP No. 03 -3463 as follows: 1. Proiect Schedule. The installation and implementation of the Software shall be performed as described in the project schedule set forth in Schedule C, Project Schedule. In addition, the completion and delivery of any portions of the project shall be made in accordance with the Project Schedule. CSS may, if mutually agreed upon in writing, change the Project Schedule. Customer may change the Project Schedule by notifying CSS in writing, provided that Customer may not accelerate the Schedule except with CSS agreement. 2. Training. Any training requested by Customer in addition to the training identified in the Agreement shall be provided by CSS at the rate defined in the Agreement, inclusive of travel expenses except airfare, for one year from the execution of the Agreement. After one year from the execution of the Agreement, CSS will provide training at the lowest prevailing rate generally charged to any other customer of CSS for similar training; 3 Customer's Ability to Add Tables to the CSS Database. Customer shall have the right to add table objects to the CSS database as necessary so long as those added tables do not conflict with the proprietary tables and relationships of the CSS database. 4. Software Installation. On or before the date specified in Schedule C, CSS shall complete the installation of the Software and CSS Supplied Equipment on Customer's Network ( "Installation ") and make the Software ready for Customer's intended use. Installation shall include but not be limited to the following: (i) the introduction of object code for the Software onto the internal storage of the Network; (ii) the verification of the Software' readiness for use on Customer's Network through the execution of the tutorials for the Software performed by Customer personnel and CSS personnel on Customer's Network and as certified in writing by Customer or Customer's agent; (iii) the generation of all master files and tables, initialized, and able to accept Customer's data; (iv) the installation of the programs or commands on up to twelve (12) PCs at one location on the Network .�. LJ r to enable those PCs to access and operate the Software; (v) the installation of the programs or commands necessary to enable any printed output from the Software to print on any Network printer; (vi) the delivery of all Software Documentation related to the use and operation of the Software installed; (vii) the installation of the programs and equipment necessary to enable the Point of Sale equipment, as defined in Schedule B, to operate on the Network and to function properly with the Software; (viii) provide up to three (3) days of services to design and program an interface (accounting) that will create a table in the CSS database containing accounting transactions that are to be interfaced into the Customer's SAP accounting system. The Customer will be responsible for extracting the data from the table and interfacing that information into the SAP accounting system. CSS personnel will work with Customer personnel to develop the design of the interface. CSS will not program the interface until after CSS personnel have approved the design and after modules are up and live.; (ix) perform the installation and configuration of the programs and equipment necessary to enable the Payment Processing Server software to operate on the Network; (x) perform CSS system training to allow one or more of Customer's employees to be generally familiar with the installation of the Software and perform day to day monitoring and maintenance of the Software. CSS system administration training will include but not be limited to the following: Installation of the programs or commands necessary to enable microcomputers on the Network to be able to access and operate the Software; Start up and shut down of the Software; Software security, adding new users, changing existing user access and security; Printing Software reports to any of the Network printers; Installation and set up of the CSS SQL Server Database; Mapping and directory structures as it relates to the Software; Network printing as it relates to the Software; Software management utilities. 5. Network. "Network" is defined as the Equipment, Network Operating System, and Other Software. The Network shall consist of a local area network at the Santa Barbara Boulevard Parks Administration offices (Administration LAN) and remote locations that will have users operating the Software. The application server that will run the CSS Software will be implemented on the Administration LAN. Users at the Collier County Campus will be connected to the Administration LAN using a connection up to or over 11 mbs connection. Users at the following remote locations will be connected to the Collier County Campus using 128 K frame relay communications: the Max Hasse facility, East Naples Community Park, Veteran's Community Park, Vineyard's Community Park, Immokalee Sports Complex, Immokalee Community Center and the Golden Gate Community Center. For one computer using Class software on a 128K connection, CSS guarantees that the software will function. However, optimal performance will not be achieved. 6.0 Software Acceptance Testing. 6.1 Acceptance Testing. Upon completion of the Software Training, Customer will test the Software upon the Network to determine whether the Software, used in conjunction with the Network, operate in accordance with the Acceptance Tests set forth in Section 6.2 below ( "Acceptance Testing "). All such Acceptance Testing will be conducted by Customer at Customer's site and completed in accordance with the Project Schedule as shown in Schedule C 2 16D211 " of this Addendum. During the Acceptance Testing, the Software, the Network Operating System and all other utility software required to operate the Software must be the only software operating on the CSS application server and the input devices that are being used to perform the Acceptance Testing. 6.2 Acceptance Tests. The following testing criteria will be used by Customer in testing the Software ( "Acceptance Tests "): (a) The Software meet the specifications and functions set forth in the System Specification and satisfies the acceptance testing criteria defined in the Collier County RFP; (b) The Software are capable of completing the following sequence of processing tasks in less than sixty (60) seconds using Customer information from the Customer's database: (i) Perform a search for an existing client and select the client for registration Enter a partial family name Select the family from the family window Select the individual family member from the family member window; (ii) Perform a search for an existing course by course name or by activity Search by course name: Enter a partial name of the course Select the course from the course window Search by activity: Indicate that the main search should be by activity Select the activity from the activity window Select the course from the course window; (iii) Enter extra fees associated with the course; (iv) Register the customer for the course; (v) Process a payment from the customer for the registration using the integrated point of sale processing. (c) The Software is able to properly print any of the Software reports to any network printer, assuming the network printer is supported by Windows 2000. (d) CSS guarantees that the Software, will be able to operate on any input device included on Schedule B and all input devices may simultaneously run the Software. In addition thereto, up to twenty (20) input devices on the Network may simultaneously run the Software with average response times as described above in Section 6.1 and 6.2.b; 3 16D291 (e) All Software Documentation has been delivered and accurately reflects the operation of the Software. The determination of the satisfaction of the test criteria during the Acceptance Tests shall be at the reasonable discretion of the Customer. Notwithstanding the performance criteria defined in Section 6.2.b, and further notwithstanding the review and correction process outlined in Section 6.3, if during the Acceptance Testing the Customer determines that the performance of the Software operating on the Network is not satisfactory, Customer may, at Customer's sole option, deem the Software unacceptable and elect to cease using the Software and return the Software to CSS. Upon return of the Software to CSS, CSS shall immediately refund to the Customer all moneys paid to CSS by Customer for the Software expressly excluding all training, installation and other service - related charges. 6.3 Review and Correction. Customer will either (i) notify CSS in writing that the Software meets the Acceptance Tests and is accepted by Customer, (referred to as "Software Acceptance "); or (ii) notify CSS in writing that the Software fail to meet the Acceptance Tests. Customer shall be deemed to have accepted the Software in the event no written notice of acceptance or deficiencies is provided to CSS on or before expiration of the aforesaid acceptance test period as set forth in Schedule C. If Customer notifies CSS that the Software do not satisfy any or all of the Acceptance Tests, Customer will set forth a list of the errors or omissions which have caused the Software not to meet the Acceptance Tests to the extent known by the Customer. After notification of a failure of the Software to meet the Acceptance Tests, CSS shall have fifteen (15) business days from the date that CSS receives the list of errors and omissions to modify or improve the Software to meet the Acceptance Tests. The modified Software will then be retested in the same manner as described above in Section 6.2 and Section 6.3. Customer shall not be required to allow the acceptance testing to proceed for more than two (2) thirty (30) day periods. If the acceptance testing requires more than two (2) thirty (30) day test periods, Customer, at its sole option, may elect to return the Software and receive a full refund of all moneys paid to CSS for the Software expressly excluding all training, installation and other service - related charges. 7. Software Warranties. 7.1 Warranty of Operation. CSS warrants that for the period of ninety (90) days after Software Acceptance pursuant to section 6.0 of this Addendum, the Software used in conjunction with the Network shall operate in accordance with the System Specification ( "Warranty of Operation "). Any errors or non - conformances to the System Specification within the warranty period shall be corrected by CSS at no charge to Customer. Customer shall be entitled to unlimited telephone support and shall receive all updates, revisions, releases and new versions of the Software during the warranty period at no charge to Customer. 7.2 Pre - programmed Termination Warranty. CSS represents and warrants that the Software and any future version, release or update to the Software (or any portion thereof) does not contain any timer, clock, counter or other limiting design or routine which causes such Software, data files /tables, or any software on the System (or any portion thereof) to become 11 1602, erased, inoperable or otherwise incapable of being used in the full manner for which it is designed and licensed pursuant to the Agreement after being used or copied a certain number of times, or after the lapse of a certain period of time, or after the occurrence or lapse of any similar triggering factor or event. Furthermore, CSS represents and warrants that the Software and any future version, release or update to the Software (or any portion thereof) does not contain any limiting design or routine which causes such Software, data files /tables, or any software on the System (or any portion thereof) to be erased, to become inoperable, or to otherwise be incapable of being used in the full manner for which it was designed and licensed pursuant to the Agreement solely because such Software have been installed on or moved to a central processing unit or system which has a different serial number, model number, or other identification different from that system on which the Software were originally installed. Despite the foregoing, CSS may in the future include in its software provided to the Customer devices and/or routines ( "License Protection Routines ") to count and verify the number of Users, and then to use the information so produced in order to enforce limitations on the number of Users of the Software, either by preventing additional Users or by reporting such use in excess of licensed limits to CSS, provided that this may only occur in cases where such limitations as to numbers of Users have been agreed to by the Customer. If there is a timer, clock, counter or other limiting design or routine of the type(s) prohibited by this section in the Software or any future version, release or upgrade to the Software (or any portion thereof), CSS shall immediately after being notified thereof by the Customer remove or deactivate said timer, clock, counter or other limiting design or routine from the Software (or any portion thereof) and correct, at no cost to Customer, any data files /tables or any software on the System that was affected by said timer, clock, counter or other limiting design or routine. 7.3 Warranty of Compatibility. CSS shall provide to Customer a version of the Software capable of operating as set forth in the System Specification; accordingly, CSS represents and warrants that the Software shall be fully compatible with the Network as the Network exists upon the date of execution of the Agreement. 7.4 Warranty of System Performance. Provided that the Customer is a party to an in -force Software Maintenance and Support Agreement between the Customer and CSS at the time this section 7.4 or any part hereof is invoked and at all times during the period referred to in this sentence, at any time within one (1) year from the date of Software Live Date, Customer at its sole discretion, may test the System using the Acceptance Tests as described in Section 6.0. The Acceptance Tests must be performed with the Software operating on the same Equipment as defined in Schedule B or on upgraded equipment which has been approved by CSS as to its compatibility with the CSS Software and the System. The input devices used to perform the Acceptance Tests of the System must be at the same location that has the application server equipment on which the Software is operating or be at remote locations and operate the Software using the terminal server equipment and software. During the Acceptance Tests, the Software, the operating system and the utility software required to operate the Software must be the only software operating on the application server and the input devices that are being used to perform the Acceptance Tests. 5 M 16D24 If the System does not perform within the performance criteria defined in Section 6.2, CSS or its agent shall immediately provide, at no cost to Customer, sufficient personnel resources to optimize or enhance the System to perform within the performance criteria. If CSS is unable to enhance or optimize the System to perform within the performance criteria set forth in Section 6.2, CSS shall provide to Customer, at no cost to Customer, any and all additional equipment, software and services necessary to enable the System to perform within the performance criteria, including the providing by CSS, at no cost to the Customer, sufficient additional training for Customer staff in the use of such additional equipment, software and service. CSS shall, immediately upon installation of any additional equipment and/or software, provide sufficient personnel resources to allow the additional equipment and /or software to operate in conjunction with the existing computer equipment. Upon installation of any additional equipment, ownership rights to the additional equipment shall pass to Customer, and Customer shall receive good title to the additional equipment free and clear of all claims, liens, encumbrances and all other defects of title. All additional equipment, software and services required for the System to meet the performance criteria set forth in Section 6.2 shall be provided as promptly as is commercially reasonable and minimizes disruption to Customer's operations. If within one (1) year from the Software Live Date the Customer tests the System using the Acceptance Tests as described in Section 6.2 and the System does not perform within the performance criteria defined in Section 6.2, the Customer may elect to cease using the Software, return the Software to CSS and immediately receive a full refund of all monies paid by the Customer to CSS exclusive of consulting fees. 8. Documentation: Documentation for all system components must be supplied with the software and each piece of equipment delivered, unless otherwise specified. Collier County requires that the following system documentation be supplied to the Collier County Information Technology Project Manager of this project, before Software Acceptance as defined in Exhibit A: Schedule C - Project Schedule: - Application flowcharts Event flowcharts - Narrative description of the application - Narrative description of the event - Detailed event specifications - Screen layouts with detailed description of each field - Report layouts of each report provided - Data file layouts - Data dictionary - Error handling - Operator instructions - Backup procedures n Installation procedures Password and security instructions User Manuals Help files Note: User Manuals and Internet based URL knowledge Bases are not an acceptable help file solution. Help files can be an HTML CD, or MS Word document DATABASE DOCUMENTATION 160L.1 Class Software will provide the following database documentation to the Collier County Information Technology Project Manager of this project, before Software Acceptance as defined in Exhibit A Schedule C - Project Schedule: A complete entity - relationship (with relationship types) diagram of the database (standard or Chen model) A master script to script all data objects with indexes, security, stored procedures, etc. - A technical process flow detailing the constraints built into the system and cardinalities (where applicable) The database schema with a data dictionary detailing all entities and attributes A "recommended practices" document on the care and feeding of the database. If the vendor's delivered system does not meet any one of the specifications contained herein, the vendor shall expeditiously, without additional cost to Collier County, install additional components /hardware and /or modify /replace delivered items in order to meet all these specifications. The vendor warrants to Collier County, that the Software System and any delivered product shall be suitable for the purpose intended and for any other purposes for which its suitability is represented in writing by the vendor; be free from defects in design, workmanship, material, and title; conform to the design criteria and specifications supplied to the vendor by Collier County; and be new and of first -class quality. DATABASE CRITERIA Collier County owns the data and the database Must be Compatible with SOL Server 2000 and above Must enforce entity and relational integrity as deemed necessary by Collier County. Must support a minimum of 50 concurrent connections. Collier County prefers the database be in the minimum of first normal form, which defines that entities be tied to a key, no repeating groups of data in the same column, etc. Collier County reserves the right to evaluate the structure of the database and make exceptions as deemed necessary. 7 Collier County reserves the right to evaluate and recommend indexes for addition or 160211 deletion, with proper communication to the vendor prior to schema changes. Publishing, or pulling data to the web from, or into, the database does not require additional licensing. Collier County disallows the hard coding of any accounts or passwords into the software, (E.G. the SOL SA account) Vendor must allow the specifying of domain integrity (allowable data input) by Collier County, at the lowest (attribute) level (column). 9 Project Manager: CSS and Customer shall each designate one (1) individual to serve as project manager ( "Project Manager ") for the installation, testing and implementation of the Software. Upon written notice to and reasonable approval from the other party, either party may designate a new Project Manager. 10. Network Access Agreement: CSS agrees to sign the Collier County Government Contractor Network Access Agreement, attached in Exhibit A as Schedule E, at least two (2) weeks prior to support start date. 11. Insurance: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $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 $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 -day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. N. 16 D211 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. The parties hereto each acknowledge that they have read, understand and agree to be bound by this Addendum. ATTEST: Dwig.htt.- BTppk,; Clergy; By- Dater Attest as,` 40i000tl Robert W. stant W itn"s Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISIOVtF TH TATE OF FLORIDA O By: Tom Henn g, Chairma A`,n• CLASS S TIONS . o d y; By: 7 Typed Name and Title (CORPORATE SEAL) Exhibit A — Collective Agreements 16D2 RFP No.03 -3463 1 Listing of Schedules Exhibit A Schedule A List of Other Software The following is a list of the Other Software to be installed and implemented on the Network: Microsoft Office XP Microsoft Office 2000 Microsoft Windows 2000 Microsoft Windows XP Microsoft Exchange 2000 Microsoft Publisher Microsoft SQL Server Veritas Backup Exec backup software Norton's anti -virus software Powerchute UPS system shut -down software. VNC (Virtual Network Computing) MS Visio 2000 and above versions MS Project 2000 and above versions Adobe Acrobat version 4 and above Adobe Acrobat Reader version 4 and above Internet Explorer Version 5 and above Crystal Reports version 7 and above 10 Exhibit A Schedule B List of Equipment 16D219 The minimum configuration of the equipment that will be used to process the Software is as follows: Class Application Server - compatible with Microsoft Windows 9.X or greater, 800 Mhz or greater, 1 GB RAM or greater, RAID Array PCs - compatible with Microsoft Windows 9.X or greater, Intel Pentium and Celeron based processors, 733 Mhz or greater, 128 MB RAM or greater. AMD based processors, 733 Mhz or greater, 128 MB RAM or greater. Printers - laser printers that are Microsoft Windows 9.X compatible, compatible with Microsoft Windows Networking and compatible with Ethernet connections. CSS Supplied Equipment: 10 PREH PC Commander POS keyboards 10 Parallel printer cables 10 Ithica 93 receipt printers (serial) 10 Ithica printer ribbons (12 pack) 10 Ithica printer paper 2 ply (box of 50) 10 Indiana Cash Drawers SLD 1751675 10 Indiana Cash Drawer serial cables 11 Exhibit A SCHEDULE C 16D Project Schedule The Software will be implemented as follows: Event 1. Installation of the Software 2. Completion of the initial Software Training (Program Registration, Point of Sale, Facility Booking) 3. Completion of Software Training (Program Registration, Accounting Interface, Point of Sale, Facility Booking) 4. Software Acceptance 5. Live processing on the Software 12 Date Within 30 days after execution of the Agreement 5 days after Installation of the Software 60 days after Installation of the Software 30 days after Completion of the Software Training 90 days after Software Acceptance Exhibit A SCHEDULE D PAYMENT SCHEDULE TASK/MILESTONE PAYMENT AMOUNT I. Software Costs Delivery of Software 25% of total Software Costs Software Installation 50% of total Software Costs 30 Days After Software Acceptance 25% of total Software Costs Total Software Costs $31,750.00 II. Services Costs Services will be invoiced and Payable after provision of the Service to Which they relate Total Service Costs $20,250.00 III. Support and Maintenance 30 Days after Software Acceptance Total Service Costs $ 7,937.50 IV. Third Party Hardware 50% upon Delivery 50% upon Acceptance Total Third Party Hardware Costs $12,400.00 Total Agreement Amount $72,337.50 13 16D2 '10.1 Exhibit A SCHEDULE E Collier County Government Contractor Network Access Agreement agree that I will not use my network access to the Collier County network in any manner inconsistent with the work I am contracted to do. This includes only accessing information systems or data files required in the performance of my work. I further affirm that I have read and agree to abide by the Collier County Board of County Commissioners Network Usage Policy. I also agree to notify the Information Technology Department as soon as network access is no longer needed, so that my access can be removed. I understand that violation of any of these policies could lead to loss of access, termination of vendor or contractor status, or prosecution under the applicable statute. Printed Name Signature 14 Date s'W 4 /.- �� qq Yr IF CS10 i E NC f N �� DATE (YYIMMroD) . 03/11/12 BROKER This certificate is Issued as a matter of information only and confers TOS Insurance Services Ltd no rights upon the certificate holder. This certificate dom not e extend or alter the coverage afforded by the policies bel #100 - 3875 Henning Drive COMPANIES AFFORDING COVERAGE Burnaby, BC V5C 6N5 COMPANY A St.Paul Fire and Marine Ins Co INSURED COMPANY Class Software Solutions PTY B Ltd. et al 300 -6400 Roberts St COMPANY C Burnaby, BC V5G 4X6 COMPANY D VERAGES ' 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. c0 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (YYIMMIDD) POLICY EXPIRATION DATE (W /MMIDD) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5000000 A COMMERCIAL GENERAL LIABILITY CPCO034231 03/09/25 04/09/25 X GENERAL AGGREGATE $ 5000000 CLAIMS MADE PRODUCTS - COMPICPAGG $ 5000000 PERSONAL INJURY $ 5000000 X OCCURRENCE TENANT'S LEGAL LIABILITY X TENANTS LEGAL LIABILITY $ 1500000 NON -OWNED X MED EXP (Any one person) $ 10000 HIRED NON -OWNED $ 5000000 AUTOMOBILE LIABILITY BODILY INJURY & PROPERTY DAMAGE $ DESCRIBED AUTOMOBILES COMBINED BODILY INJURY $ ALL OWNED AUTOS (Per person) LEASED AUTOMOBILES BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A Damage to Hired AutcsCPC0034231 03/09/25 04/09/25 SEF 94 Damage to 50000 Hired Autos ADDITIONAL INSURED DESCRIPTION OF OPERATIONS ILOCATIONSIAUTOMOBILESISPECIAL ITEMS The certificate holder is added to the policy as an additional insured with respect to liability arising vicariously out of negligent operations of th a named insured. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail days written notice to the certificate holder named to the left, Collier County Parks & but failure to mail such notice shall impose no obligation or liability Recreation of any kind upon the company, its agents or representatives. 3300 Santa Barbara Blvd AUTHORIZED REPRESENTAnVE Naples, FL 34116, X �: WORKERS' COMPENSATION BOARD COLUMBIA Assessment Department Mailing Address PO Box 5350 Station Terminal Vancouver BC V6B 51-5 Class Software Solutions Ltd. #300 -6400 Roberts Street BURNABY, BC V5G 4C9 Location 6951 Westminster Highway Richmond BC V7C 106 www.worksafebc.com Person /Business : CLASS SOFTWARE SOLUTIONS LTD. 505029 AQ (017) Clearance Section Telephone 604 244 6180 Toll Free within Canada 1 888 922 276 Fax 604 244 63 .t 6 D2 November 15, 2003 We confirm that the above - mentioned account is currently active and in good standing. This firm has had continuous coverage with us since January 01, 1994 and has satisfied assessment remittance requirements to October 01, 2003. The next payment that will affect this firm's clearance status is due on January 20, 2004. This information is only provided for the purposes of Section 51 of the Workers Compensation Act, which indicates that a person using a contractor or subcontractor to perform work may be responsible for unpaid assessments of the contractor or subcontractor. Employer Service Centre Assessment Department Clearance Reference # : C123560027 CLRA] A -5 Now you can report payroll and pay premiums online. Visit www.worksafebc.com Please refer to your account number in your correspondence or when contacting the Assessment Department. To alter this document constitutes fraud. -I- f'�"�► ## V'O 41 F"4 DATE (YYIMMIDD) WE 03/11/21 This certificate Is Issued as a matter of Information only and confers BROKER no rights upon the certificate holder. This certificate does not amend, TOS insurance services Ltd extend or after the coverage afforded by the policies below. #100 - 3875 Henning Drive COMPANIES AFFORDING COVERAGE Burnaby, BC V5C 6N5 COMPANY A St.Paul Fire and Marine Ins INSURED COMPANY Class Software Solutions PTY B Ltd. et al COMPANY 300 -6400 Roberts St C C Burnaby, BC V5G 4X6 COMPANY D 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 POLICY NUMBER EFFECTIVE DATE (YYIMMIDD) POLICY EXPIRATION DATE (YY/MMIDD) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5000000 GENERAL AGGREGATE $ 5000000 A X COMMERCIAL GENERAL LIABILITY CPCO034231 03/09/25 04/09/25 CLAIMS MADE PRODUCTS - COMP /OP AGG $ 5000000 PERSONAL INJURY $ 5000000 .:` X OCCURRENCE TENANT'S LEGAL LIABILITY X TENANT'S LEGAL LIABILITY $ 150000 MED EXP (Any ore person) $ 10000 X NON -OWNED Non -Owned Automobile 03/09/25 04/09/25 HIRED NON -OWNED $ 5000000 BODILY INJURY & AUTOMOBILE LIABILITY PROPERTY DAMAGE DESCRIBED AUTOMOBILES COMBINED BODILY INJURY $ ALL OWNED AUTOS (Per person) LEASED AUTOMOBILES BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM OTHER A Damage to Hired Autc,sCPCO034231 03/09/25 04/09/25 SEF 94 Damage to 50000 Hired Autos ADDITIONAL INSURED DESCRIPTION OF OPERATIONSILOCATIONSIAUTOMOBILESISPECIAL ITEMS The certificate holder is added to the policy as an additional insured with respect to liability arising vicariously out of negligent operations of th a named insured. CERTIFICATt; HClLQEt° t AFIGELLJ1t1QlV Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mall days written notice to the certificate holder named to the left, Collier County Parks & but failure to mall such notice shall Impose no obligation or liability Recreation of any kind upon the company, its agents or representatives. AUTHORIZED REPRESENTATIVE 3300 Santa Barbara Blvd Naples, FL 34116, CSIt, GERT it94j Class Software Solutions Ltd. Suite 300, 6400 Roberts Street, software solutions Burnaby, BC Canada V5G 4C9 Shaping the future of communities t: 1.800.661.1196 f: 604.432.9708 class @classinfo.com www.classinfo.00m GENERAL SOFTWARE SERVICES AGREEMENT This document (the "Agreement'), consisting of; a) this cover page ( "Cover Page "), b) the attached table of Services ( "Services Table "); C) the attached Terms and Conditions of CSS General Software Services Agreement ( "Terms and Conditions "); d) the attached form of Certificate of Insurance ( "Certificate of Insurance ") constitutes the agreement between the undersigned customer ( "Customer") and Class Software Solutions Ltd. ( "CSS ") whereby, CSS and the Customer hereby agree that, CSS will provide to the Customer the Services described in this Agreement, for prices and at rates as described in the Services Table as modified pursuant to the Terms and Conditions. Any apparent contradiction among this Cover Page, the Terms and Conditions, the Services Table, the Certificate of Insurance is to be resolved by giving priority to the Terms of Conditions, followed by the Cover Page, followed by the Services Table, , and finally the Certificate of Insurance. The parties hereto each hereby acknowledge that they have read, understand and agree to be bound by this Agreement. COLLIER COUNTYi FLORIDAi A POLITICAL SUBDIVISION ' OF THE STATE OF FLORIDA Address 3301 Tamiami Trail East Naples, FL 34112 Facsimile Class Software Solutions Ltd. Date Ic Designated Customer contact son/CSS System Administrator and ini f more than one, provide all > m n n n g, C h a i r m AI/. z Date {The remainder of this page is intentionally BLANK) Ap r m & legal (sufficiency Assistant County Attorney e�eput7 Clst Attest ase�l�>r • s signature only. Class Software Solutions Ltd. General Software Services Agreement 14SEP01 Form (Cover Page) Page 1 of 4 software solutions Shaping the future of communities SERVICES TABLE: Class Software Sol iortl. Suite 300, 6400 Ro rts t, Burnaby, BC Cana a 5G 4C9 t: 1.800.661.1196 f: 604.432.9708 class @classinfo.com www.classinfo.com Pre-Agreed Services Rate per Day Number of Days Total Pre-Project Planning and Documentation $1000 2 $2000 Includes the following services generally., A.i. Payment Processing Set-Up Mi. Progress Reporting A.iii. Project Gantt Chart – milestones and staff resources A.iv. Report Definitions implementation and Tratnln > Web•Based/Off -Site B.i. Database and CSS Software Installation $1000 B.ii. CSS Software training $1000 Implementation and Training (On-Site) PLUS AIRFARE C.i. Database and CSS Software Installation $1000 1 $1,000 C.ii. CSS Software training $1000 12 12,000 Professional Business Services On -Site PLUS AIRFARE D.i. Business Process Re-Engineering $1500 D.ii. Cash Handling and Audit Security Assessment $1500 D.iii. Fit Analysis $1500 D.iv. Project Management $1500 D.v. System and Procedures Audit $1500 Technical Services On -Site PLUS AIRFARE E.i. Database Services $1750 3 5,250 E.ii. Network Services $1750 E.iii. Crystal Reports Services $1750 E.iv. Thin Client Services $1750 E.v. Web Customization Services $1750 Database Administration Services F.i. ORACLE database F.ii. MS SQL database Various Service Rates PLUS AIRFARE ff applicable) RATES PER HOUR G.i. Report Customization & Query Support $200 for first hour $150 /hour after 1st GA. Other support relating to CSS Software $250 /incident up to 1 hr $125 /hour after 151 hr GAL Hardware Support 15% of list price of HM purchased from CSS - min $500 G.iv. Non -CSS issues i.e. relating to anything other than CSS Software and Hardware $250 /incident up to 1 hr $125/hour after 1s1 hr NOTE THAT RATES SHOWN INCLUDE ALL TRAVEL EXPENSES OTHER THAN AIRFARE Totals $20.250.0 Class Software Solutions Ltd. General Software Services Agreement 14SEP01 Form (Services Table) Page 2 of 4 TERMS AND CONDITIONS OF CSS GENERAL SOFTWARE SERVICES AGREEMENT 16D2 1. DEFINITIONS the 6 -month period following effective date of this Agreement, and thereafter relevant 1.1 Definitions - For the purposes of interpreting this Agreement, the following terms service rates, if different from the rates contained in the Services Table, will be provided will have the following meanings: to the Customer prior to such Other Services being rendered. a) b) C) d) e) "Day" means eight (8) hours of work, whether provided during a single calendar day or otherwise. "Initial Installation " means the date upon which any of the Software has first been installed on any server computer owned or controlled by the Customer. "Other Services" means Services other than Pre - Agreed Services acquired by the Customer under this Agreement. "Pre- Agreed Services" means Services which are expressly listed in the Services Table as being acquired hereunder by the Customer. "Release" means any release, update, patch, set of revisions, or bug/permanent fix or temporary bypass solution released by CSS to its customers generally during the term of this Agreement, which provides enhancements and/or error corrections to the then - current Version or Release, and where a new Version has been released and no new Release has been released since the release of that Version, that Version will also constitute a Release for the purpose of determining whether Support or Maintenance is available with respect to that Version. New Releases will be denoted by an increase to the version number to the right of the decimal point such as from Release 1.1 to Release 1.2. f) "Services" means any and all types of services which CSS provides, to the Customer and/or to other customers of CSS, in the course of CSS' business, including but not limited to services relating to the installation, implementation, customization, optimization, administration, training and troubleshooting of computers, computer software including the Software, computer networks, databases, internet - related equipment and applications. . 3.3 Travel Expenses — Costs and rates as described in this Agreement include all CSS personnel travel expenses other than airfare. The Customer will pay all airfare relating to travel of CSS personnel relating to Services provided at the Customer's location, which airfare will unless urgency on the part of the customer requires otherwise, be at "coach" rates . 3.4 Shipping and Handling - The Customer will pay all shipping & handling charges, applicable sales, use, withholding and excise taxes, and any other assessments in the nature of taxes, duties or charges however designated on the Services rendered under this Agreement, exclusive of taxes based on the net income of CSS. Without limiting the foregoing, CSS will cooperate reasonably with the Customer to permit the Customer to take advantage of any tax exemption(s) available to the Customer. 3.5 Applicable Currency - Unless specifically stated otherwise, ail prices and amounts are in the currency of the country in which the Software is installed. " Invoices (Delivery, Payability and Interest) - CSS will provide invoices to the Customer for all amounts owing by Customer hereunder, such invoices to be provided after provision of the Services to which they relate: Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act" _Overdue invoices shall bear interest at 1% per month, 12.56% per annum. 4. 4.1 a) b) g) "Software" means computer code and programs, in executable code form only, including related data files, rules, parameters and documentation, which have been o) created or licensed by CSS and subsequently licensed by CSS to the Customer. h) "Version" means a version of the Software providing a particular functionality, while a new Version of the Software will provide new /additional functionality and/or improvements to a previous Version. New Versions will be denoted by a change to the version number to the left of the decimal point such as from Version 1.0 to Version 2.0. 1.2 Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 2. SERVICES TO BE PROVIDED 2.1 CSS will provide to the Customer: a) all Pre - Agreed Services which the Customer hereby agrees, pursuant to the Services Table, to acquire; and b) all Other Services which the Customer from time to time agrees to acquire, provided that no Services other than Pre - Agreed Services will be provided by CSS unless CSS has, prior to such Services being rendered, received confirmation from the Customer that the Customer wishes to acquire such Services and will pay for such Services under the terms of this Agreement. 3. FEES AND PAYMENT 3.1 Pre - Agreed Services - The Customer will pay CSS the fees described in the Services Table for Pre - Agreed Services. The Customer shall not be responsible to pay CSS for the fees identified on the Services Table until after the Customer uses such services. The Customer may use fewer Number of Days service than are defined in the Services Table and the Customer will be responsible for paying only for the Number of Days services actually used. 3.2 Other Services - Upon subsequent agreement from time to time between the Customer and CSS that the Customer will acquire Other Services, the Customer will pay for such Other Services at the service rates in effect at the time of provision of such Other Services, provided that the service rates shown in the Services Table will be effective for d) e) 4.2 a) b) C) d) ACCESS TO SYSTEM AND OTHER CUSTOMER OBLIGATIONS Customer will provide, at no cost to CSS: sufficient space to allow CSS personnel on the Customer's site to perform the on- site Services acquired hereunder; office supplies and services such as photocopying, facsimile and telephone access; without limiting a), education and training facilities adequate to the training services acquired hereunder, including classroom space, networked PCs (minimum 1 PC for every two training participants), networked printing capability, computer display /projection facilities, and flip chart or whiteboard, plus markers and other ancillary supplies; subject to the security requirements of the Customer, 24 hour access to the Customer's system via either an always - available telephone circuit or an always available internet connection to enable CSS or its designated representative to perform any of the obligations placed upon CSS by this Agreement.; and Symantec's Norton pcANYWH ERE, Windows Terminal Services or Citrix's MetaFrame Server, to allow dial up /internet access and install it to allow CSS to remotely diagnose and correct errors in the Software and provide other Services. Without limiting the Customer's obligations, Customer will: use its best efforts to upgrade to any new Release or Version of the Software as soon as possible after becoming aware of its availability; ensure that at all times at least one current staff person of the Customer, who is the Customer contact person named on the Cover Page and per c), has been fully trained on the Software; designate by written notice a single site and single person as the point of contact for telephone or other contact, which site and/or person the Customer may change upon 14 days prior notice; and provide particulars of the Customer's system configuration in sufficient detail to allow CSS to effectively provide Services hereunder. 5. REPRESENTATIONS AND WARRANTIES 5.1 Insurance — CSS represents and warrants that it does and will at all times during the term of this Agreement maintain general liability insurance_. 5.2 Limited Warranty of Services - CSS warrants that all services provided hereunder will be performed in full conformity with the Agreement, with the skill and care which would be exercised by those who perform similar services at the time the services are performed, and in accordance with accepted industry practice. In the event of a breach of Class Software Solutions Ltd. General Software Services Agreement 14SEP01 Form (Terms and Conditions) Page 3 of 4 the express warranties contained herein and/or in the event of non-performance and/or failure of CSS to perform the services in accordance with the Agreement, CSS will, at no cost to Customer, re- perform or perform the services so that the services conform to the warranties. 6. EXCLUSION OF OTHER WARRANTIES AND LIMITATION OF LIABILITY 6.1 SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE WARRANTIES SET OUT IN SECTION 5.1 AND 5.2 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY, IN EFFECT REGARDING THE SERVICES. 6.2 NO INDIRECT DAMAGES — IN NO EVENT WILL CSS BE LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EXCEPTING LOSS OR DAMAGE FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY RESULTING FROM THE SOLE NEGLIGENCE OF CSS. 6.3 LIMITS ON LIABILITY -IF FOR ANY REASON, CSS BECOMES LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in contract or tort), EXCEPTING LIABILITY FOR PERSON INJURY OR DAMAGE TO TANGIBLE PROPERTY, INCURRED IN CONNECTION WITH THIS AGREEMENT, THEN: A) THE AGGREGATE LIABILITY OF CSS FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY CUSTOMER AND ALL OTHER PARTIES IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER AGREEMENT OR ANY OTHER ACT OR FAILURE TO ACT WILL BE LIMITED to $193,200_; AND 6.4 SEPARATE ENFORCEABILITY -SECTIONS 6.1, 6.2 AND 6.3 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS AND WILL EACH BE INDIVIDUALLY ENFORCEABLE. 7. TERM 7.1 Term - The term of this Agreement will commence on the date of its execution. This Agreement shall be in effect for two (2) years with two (2) additional one (1) year renewal options with the consent of CSS. Subsequent renewals to extend this Agreement shall be approved by the Collier County Board of County Commissioners. 8. TERMINATION 8.1 Termination -, This Agreement will terminate: a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written notice thereof from the non - defaulting party; at the option of either party if the other party becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the other party, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other party and is not dismissed within 30 days following commencement thereof; at CSS' option upon the expiry of sixty (60) days following issuance by CSS of an invoice to the Customer for fees payable under this Agreement and such invoice remaining unpaid, provided that CSS has prior to terminating under this provision provided the Customer with at least ten (10) days' prior written notice of such non- payment, which minimum 10-day period may expire before, simultaneously with, or after the sixty day period; or d) at either party's option if the other party assigns or attempts ass�thio 2 Agreement other than as expressly permitted by this Agreem nt; �� e) at either party's option for convenience with a thirty (30) day written notice. f) It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Collier County Board of County Commissioners. provided that these rights of termination will be in addition to all other rights and remedies available to the parties for any breach or default hereunder. 8.2 Suspension of Obligations - If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all other rights and remedies available to the non - defaulting party, the non - defaulting parry may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied. this Section will not permit the Customer to suspend its obligation to make payments owing in respect of Support and other Software Services. 9. GENERAL 9.1 Complete Agreement —This Agreement, as modified and affected by CSS's standard Software license fees and the terms of any agreement between CSS and the Customer relating to licensing of Software (as opposed to the mere provision of Software, to which this Agreement relates in respect of Releases and Versions), is the complete and exclusive statement of the Agreement between the parties with respect to the subject matter contained herein and supersedes and merges all prior representations, proposals, understandings and all other agreements, oral or written, express or implied, between the parties relating to the matters contained herein. This Agreement may not be modified or altered except by written instrument duly executed by both parties. 9.2 Force Majeure -Dates or times by which either party is required to perform under this Agreement will be postponed automatically to the extent that any party is prevented from meeting them by causes (other than inability to pay due to Customer's economic circumstances) beyond its reasonable control. 9.3 Notices - All notices and requests in connection with this Agreement will be given or made upon the respective parties in writing and will be deemed given as of the third day following the day the notice is faxed, providing hardcopy acknowledgment of successful faxed notice transmission is retained. Notice may also be deposited in the Canadian mails(or if the Customer is resident outside Canada and is rendering the notice, in the mails of that country), postage pre -paid, certified or registered, return receipt requested, and addressed to the parties as indicated on the face of this Agreement, and receipt of any such notice will be deemed given as of the 7m business day of the notified party following such deposit: Notices will be addressed to the employees of CSS and the Customer. 9.4 Governing Law - This Agreement and performance hereunder will be governed by the laws applicable in the jurisdiction where the Software is installed, excepting in the case of Louisiana when the laws of California will apply, or in the case of Quebec when the laws of Ontario, Canada will apply. 9.5 Non - Assignability - This Agreement is not assignable by the Customer without the prior written approval of CSS which shall not be unreasonably withheld in the case of assignment to subcontractors of Customer (in which case the Customer shall remain fully liable to CSS hereunder), and any assignment, purported assignment or attempt to assign by the Customer without the prior written approval of CSS will be a material breach of this Agreement and will further be void. CSS may assign its obligations under this Agreement to CSS's system integrators or resellers in which case CSS shall remain fully liable to Customer hereunder. 9.6 Survival - Sections 6 and 9 will survive termination and expiration of this Agreement. Class Software Solutions Ltd. General Software Services Agreement 14SEP01 Form (Terms and Conditions) Page 4 of 4 software solutions Shaping the future of communities SOFTWARE LICENSE AGREEMENT 1602 Class Software Solutions Ltd. Suite 300, 6400 Roberts Street, Burnaby, BC Canada V5G 4C9 t: 1.800.661.1196 f: 604.432.9708 class@classinfo.com www.classinto.com This document (the "Agreement'), consisting of: a) this cover page ( "Cover Page "), b) the attached table of licensed Software ( "Software Table "); C) the attached Terms and Conditions of CSS Software License Agreement (`Terms and Conditions "); and constitutes the entire agreement between the undersigned customer ( "Customer ") and Class Software Solutions Ltd. ( "CSS ") whereby, and CSS and the Customer hereby agree that, CSS grants to the Customer the rights and licenses herein described regarding the installation and use of certain computer software for the prices described in the Software Table, as modified from time to time according to this Agreement. Any apparent contradiction among this Cover Page, the Software Table, the Terms and Conditions and is to be resolved by giving priority to the Terms and Conditions, followed by the Cover Page, the Software Table, unless expressly indicated otherwise. Payment Terms for Software Licenses A) All prices are in the currency of the country of installation. B) Sales and any other applicable tax(es), duties or any other charges in the nature of taxes and duties are not included unless specifically identified as line items. C) Prices shown include freight F.O.B. the Customer's offices. D) No services (i.e. site preparation such as cabling and provision of electricity) are included in costs described herein. E) The installation payment schedule included in Schedule D. F) CSS will invoice the Customer for the amounts contemplated in paragraph E). Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". Overdue invoices will bear interest at 1 % per month, 12.56% per annum. The parties hereto each acknowledge that they have read, under ana ana agr a 10 oe oouna Uy an5 nyrceiiicin. BOARD OF COUNTY COMMISSIONER R COLLIER COUNTYpFLORIDAI A POLITICAL SUBDIVISION OF Authorize Signatory ate THE STATE OF FLORIDA Tnm Henning, Chat ll::a;' Address DWIC�Ii��:�: u; ��C��i, CLERK Attest as to Chairman -$ 3301 Tamiami Trail :. ,10 t;Ji, ��Signature a4ly. Naples, FL 34112 rlmihsfd..[y4,;.v. Class Software Solutions Ltd. APP e al sufficient Assistant my Attorney Date CLASS Software Solutions Ltd. Software License Agreement 11 OCT02 Form (Cover Page) Page 1 of 6 software solutions Shaping the future of communities SOFTWARE TABLE: Licensed CSS Software Modules Class Software olu n R Suite 300, 6400 Rob s ee Burnaby, BC Cana a G 02 t: 1.800.661.1196 f: 604.432.9708 class @classinfo.com www.classinfo.com Module Module Unit Price No. of Copies of Module Licensed Total Module Cost fil g }yj[ j )t`} ijj .i. 8i . �Z3 t`<, f . €e ° €F� €i:.'., i. Program Registration Pro ram Maintenance p3jr i [€ piE `. a[ $1,750 g jj� i I Iy S It i SI ^ ^ €� . F 5 f .. 1 1, eke'.i 8,750 ii. FlexRe (automatically licensed if i is licensed $1,750 xxiv. Internet Facility Inventory Query and Availability iii. Membership & Pass Management (Membership Pass Maintenance $1,750 xxv. MAP ' {rI xxvi System Utilities as defined In section 1.1 r of the Terms and Conditions iv. Facility Booking (Facility Maintenance $1,750 5 8,750 V. QuickRez (automatically licensed if iv is licensed $5,000 ' € xxvii. Information Management vi. Point of Sale & Site -based Inventory POS Maintenance $1,750 5 8,750 vii. Sport Scheduling $1,750 1 5,000 viii. Browse Facility Bookings $500 ix. IVR — Reqistration, QuickRez and Voice Info min. 4 lines ) (IVR Maintenanc 1$1,750 ftlAL'CeBS`aBA�1td ...,i t ' ln+- -f Prom Panicrrntinn ra€€tnmatirally licensed if both xxii and xxnl are licensed) A. Affinity 'j)Q €uvv $5,000 xii. External Interfaces — Banner $5,000 xiii. External Interfaces— Financial Accounts Payable and General Ledger) $1,750 xxiv. Internet Facility Inventory Query and Availability xiv. External Interfaces —Desktop Publishing $1,750 xxv. MAP ' {rI xxvi System Utilities as defined In section 1.1 r of the Terms and Conditions xv. Multilingual Capability $500 €€ F t € I _. �, . is . a,E € „ �, ].i. „ :• �. xvi. IVR - Registration & Voice Server $5,000 ' € xxvii. Information Management xvii. IVR — QuickRez Booking & Voice Server $5,000 500 xxviii. Membershi p Pass Validation xviii. Payment Processing Server Credit and, Debit and Electronic Funds Transfer $5,000 1 5,000 E T a €.Q 'PI I €d .., € €6 ia�i €) .l'.�.`i.i�� xix Credit Card and Debit Card Payment Processing { i! ftlAL'CeBS`aBA�1td ...,i t ' ln+- -f Prom Panicrrntinn ra€€tnmatirally licensed if both xxii and xxnl are licensed) xxi. Internet QuickRez Bookings xxii. Internet Lo in 25 Concurrent Users permitted per license) 'j)Q €uvv $5,000 . nobi%i� , €€ u 1fl18l�18t fAl18J3eC� xxiii. Internet Program Query $5,000 xxiv. Internet Facility Inventory Query and Availability $5,000 xxv. MAP ' {rI xxvi System Utilities as defined In section 1.1 r of the Terms and Conditions $5,000 Al € j iSr j€€ € E €€ F t € I _. �, . is . a,E € „ �, ].i. „ :• �. €€ ' € xxvii. Information Management $500 1 500 xxviii. Membershi p Pass Validation $500 Total Cost 31,750.00 CLASS Software Solutions Ltd. Software License Agreement 11OCT02 Form (Software Table) Page 2 of 6 TERMS AND CONDITIONS OF CSS SOFTWARE LICENSE AGREEMENT 16R,2 1. INTERPRETATION _ in to a "line item" '`'' 1.2 "Line Items" Any reference here 1.1 Definitions - For the purposes of interpreting this Agreement, the following reference to the appropriate line item(s) of the Software Table. terms will have the following meanings: a) "Agreement" means this Class Software License Agreement . b) "Client Workstation" means a computer attached to a local- or wide -area network (including an Intranet) which accesses the Software or Enterprise Database. C) d) e) I) g) h) k) m) n) o) P) q) "Concurrent Use" means use at the same moment in time to access a given server computer (of any kind) owned or controlled by the Customer. "Customer" means the legal entity other than CSS entering this Agreement. "CSS" means Class Software Solutions Ltd. "Database Server" means the single server computer upon which the Enterprise Database is resident. "Enterprise Database" means the MS SQL Server database files containing customer data (which is owned by Customer) and which is accessed by the Software. "Initial Installation" means initial installation of any Module on any server computer owned or controlled by the Customer. "Internet Client" means a remote device capable of using the Internet and either Internet Explorer 4.0 or higher or Netscape Navigator 4.7 or higher to access selected Software on the Internet Server or the Enterprise Database on the Database Server via the interet Server. "Internet Server" means a single server computer used by the Customer which enables access to the Software by individuals using an Intranet or the Internet, having a minimum configuration as set out in hardware specifications previously described to the Customer as applicable to the Software to be installed and used upon it. "IVR Server" means a single server computer used by the Customer for voice - recognition and telephone- based, rather than computer- based, access to the Enterprise Database by the Customer's clients, having a minimum configuration as set out in hardware specifications previously described to the Customer as applicable to the Software to be installed and used upon it. "Maintenance Module" means any item of Software shown in the Software Table in parentheses adjacent to a type of Operating Software. "Module" means a single type of Software referred to in any particular line item, such that each such line item refers to one, and only one, Module, with respect to which one or more licenses may or may not be granted hereby, except in line item xxvi to which r) applies. "Operating Module" means any item of Software listed but not in parentheses in line items i through ix. "Payment Processing Server" means a single server computer used by the Customer to process electronic payments from its clients, having a minimum configuration as set out in hardware specifications previously described to the Customers as applicable to the Software to be installed and used upon it. "Software" means computer code and programs, in executable code form only, including related data files, rules, parameters and documentation, which have been created or licensed by CSS and are identified in the Software Table as licensed (or sublicensed) to the Customer by CSS in connection with this Agreement, and/or which are in the future provided to the Customer by CSS under any circumstances unless provided under a separate licensing agreement. "Software Table" means the table of CSS Software Modules licensed hereunder, shown on the page of this Agreement immediately following the Cover Page. "System Utilities" includes the following Modules: Accounting Processes, Archive Class Database, Central Login, Class Oracle Database Creator, Compact Class Database, Copy Class Database, Edit Class Database, Large Settlement Processor, License Class Modules, Log Accounting Information, Maintain Class Database, Reset Barcodes, System Maintenance, Upgrade Class Cash 3.0 Database, Upgrade Class Database and View Components and any other "utility" software required to operate the Modules. s) "User" means a person who accesses and uses any of the Software to access, use or affect the Enterprise Database in any manner whatsoever. CLASS Software Solutions Ltd. 1.3 Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 2. GRANT OF LICENSES AND LIMITATIONS THEREON 2.1 CSS hereby grants to the Customer a non - exclusive right and license, subject to this Agreement, to install and/or use the Software as follows: a) Operating Modules - For every Operating Module licensed pursuant to the Software Table the Customer may: i) install the Operating Module upon as many Client Workstations as the Customer wishes, and ii) permit Users to use such Operating Modules to access the Enterprise Database on the Database Server provided that only the number of copies of any particular Operating Module licensed pursuant to the appropriate line items may be in Concurrent Use. b) Maintenance Modules - For every Operating Module licensed pursuant to the Software Table for which the Software Table shows a corresponding Maintenance Module, the Customer may install and use such corresponding Maintenance Module upon as many Client Workstations as the Customer wishes, with no limits with respect to the number of units of such Maintenance Modules which may be in Concurrent Use. c) System Features (Server Based Licensing) — Subject to d), the Customer may install one copy of each Module licensed pursuant to line items x through xviii on each of as many Client Workstations as the Customer wishes , and may use and permit use of such Modules by its clients, without limit as to the number Users or transactions which simultaneously use any such Module. d) Exceptions Regarding Unlimited System Feature (Server Based Licensing) — Any Module licensed pursuant to: i) line item xvi ( "IVR — Registration & Voice Server") or line item xvii ( "IVR — QuickRez Booking & Voice Server") may be installed as to one copy, on one IVR Server, per license acquired, and all such Modules together may be in Concurrent Use by, at most, the number of lines of the "IVR Registration, QuickRez and Voice Info" Module licensed pursuant to line item ix; ii) line item xviii ( "Payment Processing Server ") may be in Concurrent Use by, at most, the number of lines of the Credit and Debit Card Payment Processing Module, as applicable, licensed pursuant to line item xix. e) System Features (User Based Licensing) — Payment Processing Modules — For each Module licensed pursuant to line item xix the Customer may: i) install such Module upon as many Client Workstations as the Customer wishes, and ii) permit Users to use such Modules to pay for products and/or services available from the Customer through the use of other Modules provided that only the number of copies of these Payment Processing Modules shown as being licensed in line item xix may be in Concurrent Use. Internet Access Licenses ( Login - Based - For every Module licensed pursuant to line items xx and xxi the Customer may: i) install one copy of each such Module per license of such Module on one Internet Server, and ii) subject to h), permit Users to access and use such Modules to access the Database Server via Internet Clients connecting via an Internet Server, provided that at any time, any or all such Modules may be in Concurrent Use by, at most, the number of licenses of the "Internet Login" Module licensed pursuant to line item xxii multiplied by twenty -five (25). g) Internet Enabling Licenses (Non - Internet Login- Based) — For each Module licensed pursuant to line items xxiii, xxiv and xxv the Customer may: i) install one copy of such Module per license of such Module upon an Internet Server, and Software License Agreement 11 OCT02 Form (Terms and Conditions) Page 3 of 6 permit Users to use such Module to access the Database Server via Internet Clients connecting via the Internet Server upon which such Module is installed, without limit as to the number Users or transactions which simultaneously use any such Module. i) The Customer hereby acknowledges that the mechanism utilized by the Software to control the number of Users or Internet Clients which can simultaneously access and use Modules licensed per line items xx and xxi is based upon the number of Users who have at any time logged in to the Customer's computer network and the CSS system by way of entering such Users' personal identification numbers, such that any User so logged into that network in a manner that would enable the User to access and use the Modules listed in those line items will in fact reduce by one the number of Users able to simultaneously access those Modules, even if such User is not in fact accessing or using any such Module. The Customer hereby waives any claim, and releases CSS from any such claim and from any losses or damages the Customer suffers in relation thereto, in connection with the inability of the number of Users indicated in line item xxii to simultaneously access the Modules licensed per line items xx and xxi, where such inability is the result of Users not actually using the Modules licensed per those line items absorbing available login access in the manner described in this provision. i) Other Licenses (Information Management) — For each Module licensed pursuant to line item xxvii, the Customer may: i) install one copy of such Module upon a single Client Workstation per license of such Module, and ii) permit Users using such licensed Client Workstation(s) to use such Module(s), provided that only the number of copies of such Module licensed pursuant to line item xxvii may be in Concurrent Use, and further only one copy may be in Concurrent Use on any given licensed Client Workstation. j) Other Licenses (Membership Pass Validation) — If the Customer has licensed the "Membership Pass Validation" Module pursuant to line item xxviii, the Customer may install one copy of such Module on each of as many pass scanning stations as the Customer has licensed copies of that Module as shown in line item xxviii. 2.2 Backup Copies - Customer will not make any copies of the Software, except as necessary for the installation permitted hereby and except for one copy of each Module licensed hereunder for backup purposes, provided that all electronic copies made include screen displays of CSS's proprietary or intellectual property notices as recorded on the original copy provided by CSS, and the Customer affixes a label to each disk, reel or other housing for the medium on which each physical copy is recorded setting out the same proprietary and intellectual property notices as appear on the unit of Software from which the copy is made in the same manner as those notices appear on that original copy. 2.3 Incidental Installation of System Feature Software — CSS will not require any payment by the Customer for, and hereby releases the Customer with respect to any damages or claims to or by CSS relating to, unlicensed Modules listed in the Software Table under "System Features" the Software for which is automatically installed on any hardware of the Customer in the process of installation of any other Module(s), provided that subject to the final sentence of this paragraph the Customer shall not use, and shall not permit any other person to use, any such Modules. The Customer may, without paying any license fee therefore, use the automatically - installed "Affinity" module referred to in line item xi if and only if the Customer pays, under separate agreement with CSS, for the enabling of that Module, the fee for enabling that Module shall not exceed two thousand dollars ($2,000.) 3. CHARGES AND PAYMENTS 3.1 Software License Fees - The charges and payments applicable to the installation and use of the Software by the Customer are set out on the Cover Page. 3.2 Taxes and Other Charges —The Customer will pay all shipping & handling costs and all applicable sales, use, withholding and excise taxes, and any other assessments against the Customer in the nature of taxes, duties or charges however designated on the Software or its license or use, on or resulting from this Agreement, exclusive of taxes based on the net income of CSS. Without limiting the foregoing, CSS will cooperate reasonably with the Customer to permit the Customer to take advantage of any tax exemption(s) available to the Customer. 4. OWNERSHIP OF SOFTWARE 4.1 Warranty of Title -CSS warrants that it has all rights nec sa nk t grant of license herein by having all right, title and interest in to as licensee of all such rights from the owner thereof. 4.2 Retention of Rights by CSS and Customer's Obligations - All proprietary and intellectual property rights, title and interest including copyright in and to the original and all copies of the Software and the documentation or any changes or modifications made to the Software or related documentation will be and remain that of CSS, or its licensor as the case may be. Without limiting the foregoing, the Customer will not any time whether before or after the termination of this Agreement: a) reverse engineer, disassemble or decompile any Software or prepare derivative works thereof; b) copy, transfer, display, or use the Software except as expressly authorized in this Agreement; c) disclose, furnish, or make accessible to anyone any confidential information received from CSS or make any use thereof other than as expressly permitted under this Agreement, which confidential information is deemed to include the source and executable code of the Software and all related documentation; d) contest or do or aid others in contesting or doing anything which impairs the validity of any proprietary and intellectual property rights, title or interest of CSS in and to any Software; or e) obliterate, alter, or remove any proprietary or intellectual property notices from the Software in its physical or electronic forms. 4.3 Intellectual Property Indemnity by CSS - CSS will defend or settle any claim made or any suit or proceeding brought against the Customer insofar as such claim, suit or proceeding is based on an allegation that any of the Software supplied to the Customer pursuant to this Agreement infringes the proprietary and intellectual property rights of any third party in or to any invention, patent, copyright or any other rights, provided that the Customer will notify CSS in writing promptly after the claim, suit or proceeding is known to the Customer and will give CSS information and such assistance as is reasonable in the circumstances. CSS will have sole authority to defend or settle any such claim at CSS's expense. CSS will indemnify and hold the Customer harmless from and against any and all such claims and will pay all damages and costs incurred by Customer as a result of such claim, suit or proceeding, including legal fees, and all damages and costs finally agreed to be paid in settlement of such claim, suit or proceeding. This indemnity does not extend to any claim, suit or proceeding based upon any infringement or alleged infringement of copyright by the combination of the Software with other elements not furnished by CSS nor does it extend to any Software altered by the Customer either by enhancement or by combination with product(s) of the Customer's design or formula. The foregoing states the entire liability of CSS for proprietary and intellectual proprietary rights infringement related to the Software. If the Software in any claim, suit or proceeding is held to infringe any proprietary or intellectual property rights of any third party and the use thereof is enjoined or, in the case of settlement as referred to above, prohibited, CSS will have the option, at its own expense, to either (i) obtain for the Customer the right to continue using the infringing item, or (ii) replace the infringing item or modify it so that it becomes non - infringing, provided that no such replacement or modification will diminish the performance of the Software. 4.4 Intellectual Property Indemnity by the Customer— The Customer will defend or settle any claim made or any suit or proceeding brought against CSS insofar as such claim, suit or proceeding is based on an allegation that any Software licensed to Customer pursuant to line item xxvii ( "Information Management ") has been installed, used or otherwise treated (other than by CSS) in a manner contrary to the terms of this Agreement or the intellectual property rights of the provider of that Software, provided that CSS will notify the Customer in writing promptly after the claim, suit or proceeding is known to CSS and will give the Customer information and such assistance as is reasonable in the circumstances. The Customer will have sole authority to defend or settle any such claim at the Customer's expense. The Customer will indemnify and hold CSS harmless from and against any and all such claims and will pay all damages and costs finally agreed to be paid in settlement of such claim, suit or proceeding. This provision is subject to the limitations of Florida Statute 768.28. CLASS Software Solutions Ltd. Software License Agreement 11 OCT02 Form (Terms and Conditions) Page 4 of 6 5. WARRANTY 5.1 Limited Warranty of Software - CSS warrants that when utilized by the Customer in a manner authorized hereunder, the Software will conform to the System Specificationsfor ninety (90) days from acceptance of the Software pursuant to section six of Exhibit A. CSS's sole obligation and liability hereunder with respect to any failure to so perform will be to use reasonable efforts to remedy any non - conformity which is reported to CSS in writing by Customer within that warranty period. In the event CSS is unable to remedy such non - conformity within a reasonable time using reasonable efforts, CSS will at its option either acquire and provide to Customer alternative software which does conform to the System Specification, or refund to Customer the license fee pertaining to the Software in which case this Agreement will be automatically terminated. All warranty service will be performed at service locations designated by CSS. 6. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY 6.1 SPECIFIC EXCLUSION OF OTHER WARRANTIES -THE WARRANTIES SET OUT IN SECTIONS 4.1 AND 5.1 OF THIS AGREEMENT AND IN EXHIBIT A ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER APPLICABLE, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, , CSS DOES NOT WARRANT THAT ANY SOFTWARE PROVIDED HEREUNDER WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION OF SOFTWARE PROVIDED HEREUNDER WILL BE FREE FROM INTERRUPTION OR ERRORS. 6.2 RESTRICTIONS ON WARRANTY - CSS HAS NO OBLIGATION TO REPAIR OR REPLACE SOFTWARE DAMAGED BY ACCIDENT OR OTHER EXTERNAL CAUSE, OR THROUGH THE FAULT OR NEGLIGENCE OF ANY PARTY OTHER THAN CSS. 6.3 NO INDIRECT DAMAGES —WITHOUT LIMITING THE GENERALITY OF SECTIONS 6.1 AND 6.4, IN NO EVENT WILL CSS BE LIABLE TO THE CUSTOMER OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT OR TORT), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EXCEPTING LOSS OR DAMAGE FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY RESULTING FROM THE NEGLIGENCE OF CSS, IN CONNECTION WITH SOFTWARE PROVIDED HEREUNDER OR IN ANY OTHER RESPECT RELATING TO THIS AGREEMENT. 6.4 LIMITS ON LIABILITY —DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, IF, FOR ANY REASON, CSS BECOMES LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT), EXCEPTING LIABILITY FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY, INCURRED IN CONNECTION WITH THIS AGREEMENT, THEN: A) THE AGGREGATE LIABILITY OF CSS FOR ALL DAMAGES AND LIABILITY INCURRED BY CUSTOMER AND ALL OTHER PARTIES IN CONNECTION WITH THE SOFTWARE IN QUESTION IN THIS AGREEMENT OR ANY OTHER AGREEMENT OR ANY OTHER ACT OR FAILURE TO ACT WILL BE LIMITED TO $193,200 6.5 SEPARATE ENFORCEABILITY - SECTIONS 6.1 THROUGH 6.4 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS AND WILL EACH BE INDIVIDUALLY ENFORCEABLE. 7. TERMINATION 7.1 Termination - This Agreement will terminate: a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written notice thereof; and b) without limiting a), at the option of CSS if the Customer breaches section 3 of this Agreement provided that the right of termination will be in addition to all other rights and remedies available to the parties for breach or default by the other. c) at either party's option for convenience with a thirty (30) day written notice. d) It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Collier oun Board 4-1 ounty 0 Commissioners. L,.. 7.2 Suspension of Obligations - If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all other rights and remedies available to the non - defaulting party, the non - defaulting party may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied, but this section will not permit the Customer to suspend its obligation to make payments owing in respect of the Software according to the payment schedule in Schedule D. 7.3 Return of Software - In the event of termination of this Agreement the Customer will immediately return to CSS all physical copies of Software delivered by CSS to the Customer or otherwise in the Customer's possession or control, except as expressly permitted by CSS to destroy, destroy all physical copies of the Software not returned to CSS, delete all electronic copies of the Software from its systems, and certify in writing to CSS that such actions have all been completed. 8. AUDIT AND MONITORING RIGHTS 8.1 CSS may, upon a minimum of 24 hours written notice to the Customer, attend upon the Customer's premises and verify that the Software licensed pursuant to this Agreement is installed and being used only as permitted hereby. Such inspections may occur a maximum of twice per calendar year, and will be performed only during the Customer's regular business hours and conducted in a manner so as minimize to the extent reasonable any interference with the Customer's business. Further, CSS may, using automatic means which do not interfere with the use of the Software by the Customer or Users other than as described in this provision, monitor at any time usage of the Software by the Customer and or its Users, through monitoring of the number of copies of any particular Module(s) in Concurrent Use. 9. GENERAL 9.1 Complete Agreement - This Agreement constitutes the complete and exclusive statement of the agreement between CSS and the Customer relating to the licensing of the Software, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning the subject matter of this Agreement. 9.2 Force Majeure -Dates or times by which either party is required to perform under this Agreement will be postponed automatically to the extent that any party is prevented from meeting them by causes (other than inability to pay due to Customer's economic circumstances) beyond its reasonable control. 9.3 Notices - All notices and requests in connection with this Agreement will be given to the respective parties in writing and will be deemed given as of the first business day of the notified party following the day the notice is faxed or sent via overnight courier, providing a hard copy acknowledgment of such successful faxed notice transmission or evidence of such couriering, as applicable, is retained. Notice may also be deposited in the Canadian or United States mails (depending upon the location of the party sending such mail), postage pre -paid, certified or registered, return receipt requested, and addressed to the other party at the address set out on the face hereof, and receipt of any such notice will be deemed given as of the 7'h business day of the notified party following such deposit. Notices will be addressed to the employees of CSS and the Customer. 9.4 Governing Law -This Agreement and performance hereunder will be governed by the laws of the jurisdiction where the Database Server is situated excepting in the case of Louisiana when the laws of California will apply, or in the case of Quebec when the laws of Ontario will apply. 9.5 Non - Assignability -Other than CSS' obligation to provide warranty service hereunder, this Agreement is not assignable by either party without the prior written consent of the other party, which consent will not be unreasonably denied or delayed. Any assignment, purported assignment or attempt to assign except as permitted by the previous sentence will be a material breach of this Agreement and will be void. 9.6 Survival - Sections 4, 6, 7.3 and 9 of this Agreement will survive termination and expiration of this Agreement. 9.7 U.S. Government Restricted Rights - The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the U.S. CLASS Software Solutions Ltd. Software License Agreement 11 OCT02 Form (Terms and Conditions) rdye 0 ui U Government is subject to restrictions as set forth in subparagraph (c) (1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227 -7013, or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227 -19, as applicable. The Contractor/ Manufacturer is Class Software Solutions Ltd., Suite 300, 6400 Roberts Street, Burnaby, British Columbia, Canada, V5G 4C9. inn? CLASS Software Solutions Ltd. Software License Agreement 11OCT02 Form (Terms and Conditions) Page 6 of 6 viaaa wi ureic uvm uvua mow. Suite 300, 6400 Roberts Street, software solutions Burnaby, BC Canada V5G 4C9 Shaping the future of communities t: 1.800.661.1196 f: 604.432.9708 class @classinfo.com www.classinfo.com SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT This document (the "Agreement "), consisting of: 16D2 a) this cover page ( "Cover Page "), b) the attached table of supported Software ( "Software Table'); C) the attached description of levels of support and maintenance ( "Levels Description "); d) the attached Terms and Conditions of CSS Support and Maintenance ("Terms and Conditions "); and e) the attached certificate of insurance ( "Certificate of Insurance ") constitutes the agreement between the undersigned customer ( "Customer ") and Class Software Solutions Ltd. ( "CSS ") whereby, and CSS and the Customer hereby agree that, the Customer will acquire, and CSS will provide, the software support and maintenance products and services described in this Agreement for the prices shown in the table below. Any apparent contradiction among this Cover Page, the Software Table, the Levels Description, and/or the Terms and Conditions is to be resolved by giving priority to the Terms and Conditions, followed by the Cover Page, Software Table and Levels Description in that order. Product or Service Description Cost 1. Support and Maintenance — Basic 7,937.50 2. Support and Maintenance — Premium RE: 1. or 2.: Preferred Renewal Date (Optional) - (mm, dd, yyyy) ACCREDITATION DISCOUNT AVAILABLE? (To be completed by CSS post installation date) Yes/ (15 %) ( ) No Total Cost 7,937.50 Payment Terms for Support and Maintenance 1. The cost for the Support and Maintenance services is payable annually in advance and is due in its entirety on the Support Start Date, unless the Customer has specified a Preferred Renewal Date in the appropriate space in the table above in which case only the cost of Support and Maintenance prorated from the Support Start Date to the Preferred Renewal Date is payable on the Support Start Date. Thereafter, the Support and Maintenance fee is payable in advance on every annual anniversary of the Support Start Date or, if there is a Preferred Renewal Date, every anniversary of the Preferred Renewal Date (the applicable anniversary being the "Support Renewal Date "). CSS will provide invoices to the Customer for all such amounts, such invoices due on the later of (a) the Support Start Date or applicable Support Renewal Date, as applicable, and (b) 30 days after receipt of the invoice. Overdue invoices shall bear interest at 1 % per month, 12.56% per annum. 2. Subject to the availability of an "Accreditation Discount" as described in the Terms and Conditions, the annual cost of Support and Maintenance hereunder is 25% of the license fee which would be applicable if the Software with respect to which Support and Maintenance are provided hereunder were licensed anew by the Customer at CSS's standard license rates as they exist on the effective date hereof or the Support Renewal Date, as applicable, provided that, excluding increases due to Support and Maintenance of additional Software from one contractual year to the next, any increase in costs hereunder from one contractual year to the next may not exceed ten (10) percent of the Support and Maintenance fees payable for the year just ending upon that Support Renewal Date provided that such increase must be at most equal to the average increase in rates CSS makes for its customers generally. Customer shall have the option to pre - purchase up to three years of Support and Maintenance at the annual rate defined above for each of the three years. 3. The Customer will pay all shipping & handling charges, applicable sales, use, withholding and excise taxes, and any other assessments in the nature of taxes, duties or charges however designated on the services rendered under this Agreement, exclusive of taxes based on the net income of CSS. Without limiting the foregoing, CSS will cooperate reasonably with the Customer to permit the Customer to take advantage of any tax exemption(s) available to the Customer. 4. All prices are in the currency of the country in which the Software is installed. p The parties hereto each hereby acknowledge_thatThey1have iefid— ad and agreste be bound by this Aareement. COLLIER COUNTYIFLORIDAi POLITICAL SUBDIVISION 6F THE STATE OF FLORIDA Address 3301 Tamiami Trail East Naples, FL 34112 Facsimile Class Software Solutions Ltd. County Attorney A Tom He,nr,�ing., Chair ST DW1G.WTLZA0" a I ;C i7. Designated Customer contact on/CSS System Administrator and sito more than one, provide an 41or—=> Date Att+st as to Cha f ran - s s fqAtim*0 on ly. Class Software Solutions Ltd. Suite 300, 6400 Roberts Str et, software solutions Burnaby, BC Cana V5 4C9 Shaping the future of communities t: 1.800.661.1196 f: 601A classC� inf . m D lr., www.classinfo.com SOFTWARE TABLE: Licensed CSS Software Modules Total cost indicated is potentially subject to reduction per Accreditation Discount As per the Cover Page, the amounts shown in the "Initial Software Licensing Cost" and "Total Module Support/ Maintenance Cost" columns of the Software Table are applicable only upon the date of entry into this Agreement, and are subject to change thereafter in accordance with this Agreement's terms. Class Software Solutions Ltd. Support and Maintenance 11 OCT02 Form (Software Table) Page 3 of 8 software solutions Shaping the future of communities DESCRIPTION OF LEVELS OF ANNUAL SUPPORT AND MAINTENANCE W0117 1. Basic Basic Annual Support and Maintenance includes the following: • unlimited toll free telephone support between 6:00 am and 5:30 pm Pacific Time ( "PT ") Mon — Fri ( "Regular Support Hours ") and • unlimited dial -in access support (see Notes a, b and c below for qualification) for "system down" issues (only) between 5 AM - 6 AM and 5:30 PM —11:00 PM (PT) weekdays and 5:00 a.m. — 11:00 p.m. (PT) Saturday and Sunday ( "Extended Support Hours ") • limited report customization & query support (i.e. calls of 15 minutes duration or less) • access to CSS's secure Web site • regular documentation and communications provided to the Customer • new Releases and Versions as described in the Terms and Conditions Notes: a) Qualifying sites must have direct dial -in and Internet e-mail capability for Extended Support Hours. b) Support calls placed during Extended Support Hours must be placed through an authorized contact person. c) Under Basic Annual Support and Maintenance, Support during Extended Support Hours is available only for "system down" problems that result in the Customer's inability to fulfill critical business functions (i.e. those pertaining to core functionality such as processing registrations, memberships, rentals) and that have no reasonable work - around. All other calls — including all calls related to upgrades — placed by the Customer within Extended Support Hours will be billed to the Customer under a separate agreement. Premium Premium Support provides for the same services as Basic Annual Support and Maintenance, and additionally provides that, subject to Notes a) and b) above, all Support available during Basic Support Hours is also available during Extended Support Hours. 3. Holiday Hours The CSS Support Desk will be open with reduced staff on the following Canadian statutory holidays: Good Friday; Victoria Day (3rd Monday in May); Canada Day (July 1s'); BC Day (1s' Monday in August); Thanksgiving (2"d Monday in Oct); Remembrance Day (November 11); Boxing Day (December 26). On the following holidays, the CSS Support Desk will be closed: New Year's Day, Christmas Day, Labor Day (1 s' Monday in September). Class Software Solutions Ltd. Support and Maintenance 11 OCT02 Form (Levels Description) Page 4 of 6 TERMS AND CONDITIONS OF CSS SUPPORT AND MAINTENANCE 16D2 1. DEFINITIONS 1.1 Definitions - For the purposes of interpreting this Agreement, the following terms will have the following meanings: a) b) C) d) e) "Initial Installation " means the date upon which any of the Software has first been installed on any server computer owned or controlled by the Customer. "Maintenance" means the provision of (i) error investigation and repair services and of (ii) new Versions and Releases, as described in Section 3.1. "Module" means a single type of Software referred to in any particular line item of the Software Table, such that each such line item refers to one, and only one, Module, regardless of the number of copies referred to in such line item, except in line item xxvi to which h) applies. "Release" means any release, update, patch, set of revisions, or bug/permanent fix or temporary bypass solution released by CSS to its customers generally during the term of this Agreement, which provides enhancements and/or error corrections to the then - current Version or Release, and where a new Version has been released and no new Release has been released since the release of that Version, that Version will also constitute a Release for the purpose of determining whether Support or Maintenance is available with respect to that Version. New Releases will be denoted by an increase to the version number to the right of the decimal point such as from Release 1.1 to Release 1.2. "Software" means computer code and programs, in executable code form only, including related data files, rules, parameters and documentation, which have been created or licensed by CSS and are identified in the Software Table as being subject to Support and Maintenance in connection with this Agreement, and any Versions or Releases thereof provided by CSS, in executable form. f) "Support" means the ongoing telephone and dial -in support and problem resolution to assist the Customer in the use of the Software. It may include but is not limited to response to inquiries regarding the operation, installation, administration and general technical assistance requested by the Customer. Support also includes the following assistance, provided that such assistance can be provided in fifteen (15) minutes or less or as otherwise indicated: i) limited assistance with report customization and the development of custom queries (provided that such assistance can be provided in less than four hours), and ii) assistance to isolate the source of problems and/or to troubleshoot difficulties resulting from sources other than CSS products or services, such as: • General network support - for example network access, printing, backup & restoration; • PC hardware trouble shooting; • PC setup, configuration and optimization, unless required to properly operate the Software and relating specifically to such operation of the Software as opposed to relating to PC or software operation generally; • Network operating system configuration and functionality, unless required to properly operate the Software and relating specifically to such operation of the Software as opposed to general network operating system configuration and functionality advice; • Basic Microsoft Corporation 'Windows" functionality (e.g. using File Manager or Explorer); • Modem configuration & setup; • Data corruption due to lack of disk space; and • Loss of supervisor or other password but expressly excludes any services or assistance relating to database issues. g) "Support Start Date" means the day ninety (90) days after acceptance of the Software h) "System Utilities" includes the following Modules: Accounting Processes, Archive Class Database, Central Login, Class Oracle Database Creator, Compact Class Database, Copy Class Database, Edit Class Database, Large Settlement Processor, License Class Modules, Log Accounting Information, Maintain Class Database, Reset Barcodes, System Maintenance, Upgrade Class Cash 3.0 Database, Upgrade Class Database and View Components and any other "utility" software required to operate the Modules. i) "Version" means a version of the Software providing a particular functionality, while a new Version of the Software will provide new /additional functionality and/or improvements to a previous Version. New Versions will be denoted by a change to the version number to the left of the decimal point such as from Version 1.0 to Version 2.0. 1.2 Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. 2. SUPPORT SERVICES 2.1 CSS will provide to the Customer Support for: a) the Release of the Software that is from time to time the most recently - released, generally available Release, and b) for the twelve (12) months immediately following the Release described in a) being made available to the Customer, for the Release which immediately precedes that Release. Support services will not be provided for any non - current Version or Release after twelve (12) months from the date of availability of the newer Version or Release. 3. MAINTENANCE SERVICES 3.1 With respect to any Release of the Software supported at the time, upon receipt of notification from the Customer's authorized contact personnel of an apparent error in the Software, CSS will use commercially reasonable efforts to promptly investigate the issue and determine whether or not there is in fact an error and to advise the Customer that either an error does not exist, or confirm that one does exist and what, if any, work- around exists. Errors will be deemed to be any design or programming error in the Software attributable to CSS which prevents the Software from substantially complying with the functionality as set out in the System Specifications as defined in the Software License Agreement between CSS and the Customer and which materially affects the use, function or performance of the Software. When errors are confirmed, CSS will use commercially reasonable efforts to correct such errors and provide Customer with a correction or service pack for the Software as soon as it is practical in CSS's sole discretion. 3.2 CSS will provide to the Customer, either physical form by mail or courier or in electronic form via the internet, new Releases and Versions (and appropriate documentation) as such Releases or Versions (and documentation) become available, without additional charge. 4. ASSIGNMENT OF PRIORITIES FOR SUPPORT ISSUES 4.1 New support incidents are assigned one of the following four priority levels, each with its respective standard completion target: Call Description Standard Priority Completion Level Target A — Down Fatal issues that result in the Within 12 hours. Customer's inability to fulfill critical business functions (i.e. those pertaining to core functionality such as processing registrations, memberships, rentals) and that have no reasonable work- around. B — Urgent Serious issues significantly impacting Within 24 hours. use of system but do not prevent core functions (such as processing registrations, memberships, rentals) from being fulfilled. C — Normal All other issues, except those classified Within 36 hours. as D (Low). D — Low Issues that are not time - sensitive or None may be undertaken as customer service initiatives outside the scope of this Agreement. pp (Terms and Conditions) Page 5 of 8 Class Software Solutions Ltd. Support and Maintenance 11 OCT02 Form Customer will request a ranking of the call priority when initially reporting the incident. Should there be any disagreement over the priority assigned to a particular incident, or any other aspect of its handling, by CSS support staff, Customers are encouraged to first speak directly to the support representative dealing with the issue in order to arrive at an ) acceptable solution. In cases where escalation is desired or necessary, please contact e the Supervisor, Support Services with any concerns you may have (phone 1- 800 -663- 4991). 5. EXCLUDED SUPPLIES AND SERVICES 5.1 Without limitation, the following supplies and services are excluded from Support and Maintenance: a) services which are required to remedy problems that stem from changes to or defects in system configuration upon which the Software was initially installed; b) services which are required to remedy problems which do not stem from any defect in Software, provided that any such assistance characterizable as "how to" advice relating directly to the use of the Software will be limited to one hour; c) services which are required to remedy problems caused by lack of training of Customer's personnel improper treatment or use of the Software; d) full report customization service; e) any and all hardware support, maintenance or troubleshooting issues, except as described in section 1.1 1.f)ii), regardless of the source of such hardware. 6. FEES AND PAYMENT 6.1 In consideration of the Support and Maintenance provided hereunder, Customer agrees to pay CSS the fees described on the Cover Page, as modified pursuant to this Agreement. In the event the Customer requires Support and Maintenance for additional Software, the Customer agrees to pay CSS the additional Support and Maintenance fees applicable based upon the fees then in effect, prorated from the date of agreement to acquire such services to the Support Renewal Date. Payment, other than amounts which may be adjusted under these Terms and Conditions, will be in accordance with the payment terms set out on the Cover Page. 6.2 Unless the Software Table indicates otherwise, the fees charged hereunder are applicable to Support and Maintenance of Software used with respect to only a single production database of Customer data. If the Customer, after entering this Agreement, places in service one or more additional databases to be used in relation to the Software, then for each such additional database an additional 25% of all Support and Maintenance fees charged hereunder, exclusive of such extra database fees, will be payable. The Customer will notify CSS as soon as reasonably possible of the installation or use of any such additional database(s). 6.3 If the Customer has indicated to CSS that the Customer intends to qualify for an "Accreditation Discount ", then the total cost of Support and Maintenance hereunder will be discounted by fifteen (15) per cent, and the Cover Page modified accordingly by CSS, provided that on or before the Support Start Date, a CSS representative has verified to CSS's reasonable satisfaction that all of the following criteria are met: a) Approved dial -in access —The Customer has Symantec's Norton pcANYWH ERE, Windows Terminal Server or similar means, and appropriate internet connections, for dial -in access by CSS personnel at any time except for reasonable system downtime for system maintenance and in particular without exception relating to the Customer's security requirements; b) CSS System Administrator(s) - The Customer has one or more employees in the department or agency using the Software (each a "CSS System Administrator ") trained on all of the Software, who are available to work with other users of the Software and able to handle most of the basic questions from the Customer's users of the Software. The CSS System Administrators must also be familiar with the version of the Microsoft Corporation 'Windows:" based operating system in use by the Customer, be familiar with the setup and installation of the Software on workstations used to access the Software, and know the administrative login and password. All communications between the Customer and CSS are to occur through a CSS System Administrator, who must be authorized to make policy decisions for the Customer relating to the Software; :) Electronic Communication — The CSS System Administrator(s) is (are) capable of communicating with CSS via the internet and electronic mail for support and file transfer purposes; i) Database Administrator - The Customer has one or more employees in the department or agency using the Software with expertise relating to the database platform used by the Software, evidenced either by certification or course work reasonably satisfactory to CSS, or by equivalent experience including the ability to install, maintain, backup and restore, troubleshoot, and optimize the database environment, and the Customer assumes full responsibility for maintaining the Customer's database environment such that CSS has no obligations to provide any support whatsoever relating to the Customer's database(s) except any administration of the Customer database that is required tQcorreJ erroini database that were caused by the Software; and L Network Administrator — the Customer has one or more e+oyWin1J Law department or agency using the Software with expertise relating to the network operating system by which client workstations are connected to or use the Software, evidenced either by certification or course work reasonably satisfactory to CSS, or by equivalent experience including the ability to install, maintain, troubleshoot, and optimize the network, and the Customer assumes full responsibility for maintaining the Customer's network environment such that CSS has no obligations to provide any support whatsoever relating to the network; and if at any time during the term of this Agreement any of these criteria are not met, the Accreditation Discount will no longer be valid. The Customer will immediately notify CSS upon any of these criteria no longer being met. 6.4 Conversion Costs - If a conversion of Customer's data is necessary due to the installation of a Release or Version, CSS shall bear the cost of the conversion unless such conversion is necessary as a result of such Release or Version conforming to a new electronic file format or technology which is becoming or has at that time become generally recognized as a new industry standard. 7. ACCESS TO SYSTEM AND OTHER CUSTOMER OBLIGATIONS 7.1 Customer will provide, at no cost to CSS: a) sufficient space to allow CSS personnel on the Customer's site to perform the on- site Services acquired hereunder; b) office supplies and services such as photocopying, facsimile and telephone access; c) without limiting a), education and training facilities adequate to the training services acquired hereunder, including classroom space, networked PCs (minimum 1 PC for every two training participants), networked printing capability, computer display /projection facilities, and flip chart or whiteboard, plus markers and other ancillary supplies; d) subject to the security requirements of the Customer, 24 hour access to the Customer's system via either an always - available telephone circuit or an always available internet connection to enable CSS or its designated representative to perform any of the obligations placed upon CSS by this Agreement.; and e) Symantec's Norton pcANYWHERE, Windows Terminal Services, Citrix's MetaFrame Server or similar means, to allow dial up /internet access and install it to allow CSS to remotely diagnose and correct errors in the Software and provide other Services. 7.2 Without limiting the Customer's obligations, Customer will: a) use its best efforts to upgrade to any new Release or Version of the Software as soon as possible after becoming aware of its availability; b) ensure that at all times at least one current staff person of the Customer, who is the Customer contact person named on the Cover Page and per c), has been fully trained on the Software; c) designate by written notice a single site and single person as the point of contact for telephone or other contact, which site and/or person the Customer may change upon 14 days prior notice; and d) provide particulars of the Customer's system configuration in sufficient detail to allow CSS to effectively provide Services hereunder. 8. REPRESENTATIONS AND WARRANTIES 6.1 Insurance — CSS represents and warrants that it does and will at all times during the term of this Agreement maintain general liability insurance as described in the Certificate of Insurance. 8.2 Limited Warranty of Services - CSS warrants that all services provided hereunder will be performed in full conformity with the Agreement, with the skill and care which would be exercised by those who perform similar services at the time the services are performed, and in accordance with accepted industry practice. In the event of a breach of the express warranties contained herein and/or in the event of non - performance and/or failure of CSS to perform the services in accordance with the Agreement, CSS will, at no cost to Customer, re- perform or perform the services so that the services conform to the warranties. 9. EXCLUSION OF OTHER WARRANTIES AND LIMITATION OF LIABILITY 9.1 SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE WARRANTIES SET OUT IN SECTION 8.1 AND 8.2 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR Class Software Solutions Ltd. Support and Maintenance 11 OCT02 Form (Terms and Conditions) Page 6 of 8 GUARANTEES OR ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED BY LAW (in contract or tort) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. 9.2 NO INDIRECT DAMAGES — IN NO EVENT WILL CSS BE LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (in contract or tort) IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, EXCEPTING LOSS OR DAMAGE FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY RESULTING FROM THE SOLE NEGLIGENCE OF CSS. 9.3 LIMITS ON LIABILITY -IF FOR ANY REASON, CSS BECOMES LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (in contract or tort), EXCEPTING LIABILITY FOR PERSON INJURY OR DAMAGE TO TANGIBLE PROPERTY, INCURRED IN CONNECTION WITH THIS AGREEMENT, THEN: A) THE AGGREGATE LIABILITY OF CSS FOR ALL DAMAGES, INJURY, AND LIABILITY INCURRED BY CUSTOMER AND ALL OTHER PARTIES IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER AGREEMENT OR ANY OTHER ACT OR FAILURE TO ACT WILL BE LIMITED TO $193,200 9.4 SEPARATE ENFORCEABILITY - SECTIONS 9.1, 9.2 AND 9.3 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS AND WILL EACH BE INDIVIDUALLY ENFORCEABLE. 10. TERM 10.1 Term - The term of this Agreement will commence on the Support Start Date and, subject to termination as provided herein, will continue until the following Support Renewal Date, after which it will be automatically renewed for subsequent one year terms on the same terms and conditions as set out herein (with the exception of the fees payable which may be revised by CSS in accordance with this Agreement) upon CSS rendering an invoice therefor unless terminated by the Customer at least ninety (90) days prior to the Support Renewal Date upcoming from time to time. 10.2 Customer Right to Purchase Support and Maintenance Services - Customer is guaranteed the right to purchase Support and Maintenance Services from CSS for as long as Support and Maintenance Services are available from CSS and are offered by CSS to any other customer of CSS. 11. TERMINATION 11.1 Termination - This Agreement will terminate: a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written notice thereof from the non - defaulting party; b) at the option of either party if the other party becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the other party, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the other party and is not dismissed within 30 days following commencement thereof; c) at CSS' option upon the expiry of sixty (60) days following issuance by CSS of an invoice to the Customer for fees payable under this Agreement and such invoice remaining unpaid, provided that CSS has prior to terminating under this provision provided the Customer with at least ten (10) days' prior written notice of such non- payment, which minimum 10 -day period may expire before, simultaneously with, or after the sixty day period; or d) at either party's option if the other party assigns or attempts to assign this Agreement other than as expressly permitted by this Agreement; provided that these rights of termination will be in addition to all other rights and remedies available to the parties for any breach or default hereunder. 11.2 Suspension of Obligations - If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all other rights and remedies available to the non - defaulting party, the non - defaulting parry may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied, but this Section will not permit the Customer to suspend its obligation to make payments owing in respect of Support and other Software Services. 12. GENERAL 12.1 Complete Agreement — This Agreement, as modified and affected by CSS's standard Software license fees and the terms of any agreement between CSS and the Customer relating to licensing of Software (as opposed to the mere provision of Software, to which this Agreement relates in respect of Releases and Versions), is the complete and exclusive statement of the Agreement between tfawsto the subject matter contained herein and supersedes and merge all representations, proposals, understandings and all other agree ts, I ri express or implied, between the parties relating to the matters contained herein. This Agreement may not be modified or altered except by written instrument duly executed by both parties. 12.2 Force Majeure - Dates or times by which either party is required to perform under this Agreement will be postponed automatically to the extent that any party is prevented from meeting them by causes (other than inability to pay due to Customer's economic circumstances) beyond its reasonable control. 12.3 Notices - All notices and requests in connection with this Agreement will be given or made upon the respective parties in writing and will be deemed given as of the third day following the day the notice is faxed, providing hardcopy acknowledgment of successful faxed notice transmission is retained. Notice may also be deposited in the Canadian mails(or if the Customer is resident outside Canada and is rendering the notice, in the mails of that country), postage pre -paid, certified or registered, return receipt requested, and addressed to the parties as indicated on the face of this Agreement, and receipt of any such notice will be deemed given as of the Th business day of the notified party following such deposit. Notices will be addressed as follows: To CSS: to the CSS Project Manager for the Customer, with a copy to the CSS VP of Operations; To Customer: to the Customer Project Manager for the Customer's project, with a copy to the Customer's 12.4 Governing Law - This Agreement and performance hereunder will be governed by the laws applicable in the jurisdiction where the Software is situated, excepting in the case of Louisiana when the laws of California will apply, or in the case of Quebec when the laws of Ontario, Canada will apply. 12.5 Non - Assignability - This Agreement is not assignable by the Customer, and any assignment, purported assignment or attempt to assign by the Customer will be a material breach of this Agreement and will further be void. CSS may assign its Support or Maintenance obligations under this Agreement to CSS's system integrators or resellers, provided that CSS will if it so assigns remain liable for the damages described herein for failure to meet CSS's obligations hereunder. 12.6 Confidentiality of Customer Information. CSS acknowledges that all material and information supplied by Customer which would reasonably be considered to be confidential, including without limitation information such as Customer's business plans proprietary business methods and/or membership information, which has or will come into the possession or knowledge of CSS in connection with CSS' performance is to be considered Customer's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. CSS agrees to hold such material and information in strictest confidence, not to make use of it other than for performance as defined in this Agreement, to release it only to CSS employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information 12.7 Waiver of Breach. Waiver of any breach of any term or condition of the Agreement shall not be deemed a waiver of any prior or subsequent breach of the same provision or of any other provision. No inspection, payment or order for payment of money, acceptance of the whole or any part of any work performed under the Agreement, or extension of time shall operate as a waiver of any provision of the Agreement, or of any power herein reserved to Customer, or any right to damages or other relief permitted by law. No term or condition of the Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the Parties hereto. 12.8 Partial Invalidity. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and such invalid or unenforceable provision will be limited and curtailed only to the extent necessary for it to be valid and enforceable. 12.9 Insurance. The insurance companies shall maintain at least an A:VII rating in the most current publication of Best's Policyholder Guide. Any such insurance shall be primary insurance and any other valid insurance, existing for Customer's benefit shall be excess of such primary insurance and shall not contribute with it. CSS shall obtain such endorsements to its policies of insurance as are necessary to cause the policies to comply with the requirements stated herein. Class Software Solutions Ltd. Support and Maintenance 11 OCT02 Form (Terms and Conditions) Page 7 of 8 Certified copies of the policies of insurance required above shall be furnished to Customer by CSS prior to CSS' performance of any work or provision of any services or materials under the Agreement . However, failure to provide copies of certified copies of the policies of insurance prior to performance of work should not operate as a waiver and/or shall not void CSS' indemnification and insurance obligations hereunder. All such policies or certificates shall contain no less than thirty (30) days prior written notice to Customer of cancellation, non - renewal or material change in the insurance by certified or registered mail, return receipt requested. 12.10Survival - Sections 9 and 12 will survive termination and expiration of this Agreement. 12.11 Accounting Interface Support. This Agreement shall include CSS providing support for the accounting interface that has been developed for Cus er b SS as defined in Exhibit A- Collective Agrements, RFP No. 03 -3463 The cIS f the accounting interface is included in the price of support defined in reI 2 and there shall not be an additional support charge for the accounting interface. It""' changes to the accounting interface are necessary due to the installation of a new Release or Version of the Software, Customer may be required to pay to CSS additional service fees for the necessary changes to the accounting interface. Class Software Solutions Ltd. Support and Maintenance 11 OCT02 Form (Terms and Conditions) Page 8 of 8 software solutions Shaping the future of communities THIRD PARTY PRODUCT PURCHASE AGREEMENT Class Software Solutions Suite 300, 6400 Roberts Stre , Burnaby, BC Canada V5G 9 t: 1.800.661.1196 f: 604.432. classAclassinfo corn www.classinfo.com This document (the "Agreement "), consisting of: a) this page (referred to as the "Cover Page' if and only if executed as the cover page to the complete Agreement, and otherwise subject to the Terms and Conditions), b) the attached Terms and Conditions of CSS Third Party Product Purchase Agreement ( "Terms and Conditions "), and C) any additional purchase order documentation delivered to CSS by the Customer constitutes the entire agreement between the undersigned customer ( "Customer") and Class Software Solutions Ltd. ( "CSS ") whereby, and CSS and the Customer hereby agree that, CSS will provide to the Customer the Third Party Products described in this Agreement, for prices as described in the Third Party Products Table below as modified pursuant to the Terms and Conditions. Any apparent contradiction among this Cover Page, the Terms and Conditions, and any additional purchase order documentation delivered to CSS by the Customer is to be resolved by giving priority to the Terms and Conditions, followed by the additional purchase order documentation, then the Cover Page. THIRD PARTY PRODUCTS TABLE: Third Party Products Description, Volumes and Prices Product Units Unit Price Total Cost PREH PC Commander POS programmable Keyboard Parallel Printer Cable 10 10 $255 $3 $2,550 $30 Ithaca 93 Parallel Receipt Printer 10 $680 $6,800 Indiana SLD1751675 POS 10 $180 $1,800 Ithaca Ribbons 12 k 10 $64 $640 3.25" Receipt Paper 2-ply box of 50 10 $40 $400 Ithaca Printer to Indiana Cash Drawer Cable 10 $18 $180 Total Cost: 12,400 Shipping Details If this page is being provided by the Customer as part of purchase order documentation as described in section 2.2 of the Terms and Conditions, the desired date of receipt of the shipment of Third Party Products referred to herein is: The parties hereto each acknowledge that they have read, understand and agree to be bound by this Agreement, or if this page is delivered by the Customer as purchase order documentation pursuant to section 2.2 of the Terms and Conditions, by the terms of this page as modified by the Agreement. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYiFLORIDAiA POLITICIAL SUBDIVISION OF THE STATE OF FLORTnA Auft Address 3301 Tamiami Trail East Facsimile Naples, FL 34112 Tom Henning, Chair l %1F3- z?c�. Date It,'-iI DWIGHT ,.BR Address for shipment delivery, if other than as shown on left: Class Software Solutions Ltd. Authorized Si n �. . Date fit, to Chairman's signature only. CLASS Software o u=ions L T —Jw " b"PIA Party Product Purchase Agreement 14SEP01 Form (Cover Page /Order Page) Page 1 of 3 Cff TERMS AND CONDITIONS OF CSS THIRD PARTY PRODUCT PURCHASE AGREEMENT 1602 I. INTERPRETATION 1.1 Definitions- For the purposes of interpreting this Agreement, the following a) CSS having a right to discontinue delivery of such additional Third Party terms will have the following meanings: Products upon at least ninety (90) days written notice to the Customer without a) "Agreement" means this Class Software Solutions Ltd. Third Party Product any liability to the Customer whatsoever for such discontinuance. Purchase Agreement. 3. CHARGES AND PAYMENTS b) "CSS" means Class Software Solutions Ltd. 8.1 Prices - The pricing applicable to Third Party Products is as set out on the c) "Customer" means the legal entity other than CSS entering this Agreement. Cover Page, as modified under this Agreement. d) "Related Documentation" means any end user specifications, manuals, 8.2 Pricing Variability —The Custom k I instructions, and other materials, and any copies of any of the foregoing, in any medium, related to the Third Party Products and supplied by CSS to the Customer with the Third Party Products. e) "Third Party Products" means those hardware, firmware and/or software products, provided to CSS by third parties, listed on the Cover Page, together with all user manuals and other documents accompanying the delivery of the Third Party Products, provided that the Third Party Products shall not include software developed by CSS. f) "Third Party Products Table" means the table on the Cover Page. g) "Warranty Period" means, in relation to any particular Third Party Products, the 90 days immediately following the installation of that Third Party Product, 1.2 Headings - The headings contained in this Agreement are inserted for convenience and do not form a part of this Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Agreement or any provision hereof. R. PURCHASE AND SALE: SECURITY; DELIVERY 2.1 Purchase Commitment and Price - CSS hereby agrees to sell to Customer, and Customer hereby agrees to purchase from CSS, the Third Party Products listed in the Third Party Products Table in the volumes and at the prices described therein, subject to these Terms and Conditions. 2,2 Delivery — CSS will ship all or any part of the Third Party Products to the Customer as soon as reasonably possible (or, if the below - described purchase order documentation does not seek immediate shipping, at the time CSS considers reasonable in order to meet the desired delivery date described) after receipt by CSS, and acceptance of the terms thereof by CSS, of a purchase order from the Customer specifying the particular Third Party Products sought, the number of such Third Party Products sought, the price payable therefor, and the desired date and location of delivery. Any such purchase order must, at a minimum, include a page, in the form of the Cover Page, modified to indicate the information described above relating to the particular shipment, executed by the Customer. In any case, all shipments are F.O.B. Collier County Government, Naples, Florida. 2.3 Changes by Customer to Delivery Schedule— Following delivery by the Customer of any purchase order documentation described in section 2.2, no changes by the Customer to the shipment schedule described therein will be permitted unless CSS is notified thereof in writing at least ninety (90) days in advance of the delivery date sought in such purchase order documentation. 2.4 Acceptance of Purchase Orders — Purchase orders delivered by the Customer to CSS are not binding upon CSS until accepted by CSS in writing, such acceptance shall not be unreasonably withheld by CSS, In any case, despite any indication to the contrary contained in any such purchase order documentation, no terms or conditions on purchase order documentation issued by the Customer, other than the information required pursuant to section 2.2, will be binding upon CSS, nor will any such terms or conditions modify or supplement this Agreement in any way, notwithstanding the fact that CSS may accept or otherwise approve such purchase orders. 2.5 Additional Third Party Products — The Customer may purchase Third Party Products in addition to those listed in the Third Party Products Table by issuing additional purchase order documentation as described herein, provided that the supply (or non - supply) of such additional Third Party Products will be subject to this Agreement as though such additional Third Party Products had been included in the Third Party Products Table on the date of execution of the Cover Page subject to: 2.6 the price for such additional Third Party Products being subject to agreement between the parties each in their own absolute discretion, and er ac now edges that. a) the prices described in the Third Party Products Table are applicable for six (6) months after the date of execution hereof, and b) such prices are based upon the Customer taking delivery of the full number of any particular Third Party Product listed in the Third Party Products Table in a single shipment and the Customer hereby agrees that after the expiry of such initial six -month period, or in case of the Customer seeking, in a particular shipment, delivery of less than all of the Third Party Products of a particular type listed on the Third Party Products Table, the actual prices may be higher. Prior to shipment of any Third Party Products which would be subject to pricing which differs from that described on in the Third Party Products Table, CSS will notify the Customer of any such different pricing and the Customer will accept such different pricing, as mutually agreed between the Customer and Class, in writing. 8.3 Taxes and Other Charges — The Customer will pay all shipping & handling costs and all applicable sales, use, withholding and excise taxes, and any other assessments against the Customer in the nature of taxes, duties or charges however designated on the Third Party Products, on or resulting from this Agreement, exclusive of taxes based on the net income of CSS. Without limiting the foregoing, CSS will cooperate reasonably with the Customer to permit the Customer to take advantage of any tax exemption(s) available to the Customer. 8.4 Currency — All prices shown or otherwise referred to in or in connection with this Agreement are in the currency of the country in which the Customer is located as described on the Cover Page. 8.5 Invoices - CSS will invoice the Customer for applicable amounts upon shipment of any Third Party Products. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Slats., otherwise known as the "Florida Prompt Payment Act ", Overdue invoices will bear interest at I% per month, 12.56% per annum. 4. PROPRIETARY RIGHTS 8.1 Third Party Proprietary Rights and Indemnity by Customer - The Customer acknowledges that any Third Party Products supplied by CSS hereunder are supplied by CSS as a reseller thereof, and that the Third Party Products are subject to the intellectual property rights of the various third party developers and /or manufacturers thereof, as applicable, including without limitation copyright, trade secret, trademark and patent rights. The Customer will maintain in confidence and not use or disclose any and all confidential business or technical information connected with any Third Party Product except as specifically permitted by a party which has legal control of those rights, and the Customer will defend or settle any claim made or any suit or proceeding brought against CSS insofar as such claim, suit or proceeding is based on an allegation that any Third Party Product provided to the Customer hereunder has been installed, used or otherwise treated by the Customer or any client or customer of the Customer in violation of the proprietary rights of any third party, or on an allegation that the Customer or any client or customer of the Customer has disclosed or used any confidential business or technical information connected with any Third Party Product, provided that CSS will notify the Customer in writing promptly after the claim, suit or proceeding is known to CSS and will give the Customer information and such assistance as is reasonable in the circumstances. The Customer will have sole authority to defend or settle any such claim at the Customer's expense. The Customer will indemnify and hold CSS harmless from and against any and all such claims and will pay all damages and costs finally agreed to be paid in settlement of such claim, suit or proceeding. 8.2 Third Party Products which are Software -The Customer acknowledges that the possession, installation and use of all Third Party Products which are software shall be governed by the terms of the software license(s) of the persons other than CLASS Software Solutions Ltd. Third Party Product Purchase Agreement 14SEP01 Form (Terms and Conditions) Page 2 of 3 CSS who possess the rights to control such possession, installation and use, subject to the provisions of Section 768.28, Fla. Slats. 5. SERVICES 8.1 Despite any other provision of this Agreement, CSS is not required to provide any services whatsoever under this Agreement. The Third Party Products are eligible for services to be provided by CSS under separate agreement with CSS, should the Customer wish to acquire such services. 6. WARRANTY 8.1 Warranty - CSS warrants to the Customer that CSS has the right to deliver the Third Party Products subject to any documentation accompanying such Third Party Products at the time of delivery and/or any licensing mechanisms, physical, electronic or otherwise, included in any Third Party Products that are software. 8.2 Warranties Provided by Third Party Suppliers - Third Party Products are warranted by the manufacturers thereof in accordance with the warranty statements accompanying delivery of the Third Party Products, and the Customer agrees that the Customer will rely solely on such Third Party Product warranties and the Customer shall make no claim against CSS on account of any warranty, express or implied, which may apply to any Third Party Product. 7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY 7.1 SPECIFIC EXCLUSION OF OTHER WARRANTIES - THE WARRANTY SET OUT IN SECTION 6.8.1 AND THE MANUFACTURERS' WARRANTIES, DOCUMENTATION FOR WHICH ACCOMPANIES THE THIRD PARTY PRODUCTS AS DESCRIBED IN 6.8.2 ARE IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND WHATSOEVER APPLICABLE, EITHER EXPRESS OR IMPLIED BY LAW (IN CONTRACT OR TORT) OR CUSTOM, INCLUDING, BUT NOT LIMITED TO THOSE REGARDING MERCHANTABILITY, FITNESS FOR PURPOSE, DURABILITY, CORRESPONDENCE TO SAMPLE, TITLE, DESIGN, CONDITION, OR QUALITY. WITHOUT LIMITING THE ABOVE, CSS DOES NOT WARRANT THAT ANY THIRD PARTY PRODUCT PROVIDED HEREUNDER WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION THEREOF WILL BE FREE FROM INTERRUPTION OR ERRORS. 7.2 NO INDIRECT DAMAGES -WITHOUT LIMITING THE GENERALITY OF SECTIONS 7.1, 7.1 or 7.3, IN NO EVENT WILL CSS BE LIABLE TO THE CUSTOMER OR TO ANY OTHER PARTY FOR INDIRECT DAMAGES OR LOSSES (IN CONTRACT OR TORT) (EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EXCEPTING LOSS OR DAMAGE FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY RESULTING FROM THE NEGLIGENCE OF CSS, IN CONNECTION WITH THIRD PARTY PRODUCTS PROVIDED HEREUNDER OR IN ANY OTHER RESPECT RELATING TO THIS AGREEMENT. 7.3 LIMITS ON LIABILITY - DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, IF, FOR ANY REASON, CSS BECOMES LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT OR TORT), EXCEPTING LIABILITY FOR PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY, INCURRED IN CONNECTION WITH THIS AGREEMENT./ 7.4 THIRD PARTY PRODUCTS MODIFICATION -ANY CSS WARRANTY OBLIGATIONS HEREUNDER WILL BE VOID IN THE EVENT CUSTOMER MODIFIES THE THIRD PARTY PRODUCT IN QUESTION OR USES ANY ATTACHMENT, FEATURE, OR DEVICE WHICH IS NOT SPECIFIED AS AN APPROVED ATTACHMENT IN THE RELATED DOCUMENTATION FOR THE THIRD PARTY PRODUCT WITHOUT FIRST OBTAINING CSS'S WRITTEN APPROVAL. 7.5 SEPARATE ENFORCEABILITY -SECTIONS 7.1 THROUGH 7.3 ARE TO BE CONSTRUED AS SEPARATE PROVISIONS AND WILL EACH BE INDIVIDUALLY ENFORCEABLE. 8. TERMINATION 8.1 Termination - This agreement will terminate: a) at the option of either party if the other party materially defaults in the 1602 performance or observance of any of its obligations hereunder and fails to remedy the default within 30 days after receiving written notice thereof, and b) without limiting a), at the option of CSS if the Customer breaches section 3 of this Agreement, including without limitation by failure to pay any invoice within 45 days of receipt thereof (in accordance with Florida Prompt Payment Act) .provided that the right of termination will be in addition to all other rights and remedies available to the parties for breach or default by the other. c) at either party's option for convenience with a thirty (30) day written notice. d) It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Collier County Board of County Commissioners. 8.2 Suspension of Obligations - If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all other rights and remedies available to the non - defaulting party, the non - defaulting party may suspend performance and observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied. But this section will not permit the Customer to suspend its obligation to make payments owing in respect of Third Party Products already brought into stock by CSS on account of the Customer having provided CSS with purchase order documentation in relation thereto incurred prior to the default. 9.0 GENERAL 9.1 Complete Agreement - This Agreement including all additional purchase order documentation provided by the Customer to CSS and accepted by CSS according to this Agreement constitutes the complete and exclusive statement of the agreement between CSS and the Customer relating to the subject matter hereof, and supersedes all oral or written proposals, prior agreements and other prior communications between the parties, concerning that subject matter. 9.2 Force Majeure - Dates or times by which either party is required to perform under this Agreement will be postponed automatically to the extent that any party is prevented from meeting them by causes (other than inability to pay due to Customer's economic circumstances) beyond its reasonable control. 9.3 Notices - All notices and requests in connection with this Agreement will be given to the respective parties in writing and will be deemed given as of the first business day of the notified party following the day the notice is faxed or sent via overnight courier, providing a hard copy acknowledgment of such successful faxed notice transmission or evidence of such couriering, as applicable, is retained. Notice may also be deposited in the Canadian or United States mails (depending upon the location of the party sending such mail), postage pre -paid, certified or registered, return receipt requested, and addressed to the other party at the address set out on the face hereof, and receipt of any such notice will be deemed to be effective as of the 3rd business day following such deposit. 9.4 Governing Law - This Agreement and performance hereunder will be governed by the laws of the jurisdiction provided in the address of the Customer on the Cover Page excepting in the case of Louisiana when the laws of California will apply, or in the case of Quebec when the laws of Ontario will apply. 9.5 Non - Assignability - This Agreement is not assignable by either party without the prior written consent of the other, which consent will not be unreasonably withheld or delayed. Any assignment, purported assignment or attempt to assign by the Customer without CSS approval will be a material breach of this Agreement and will be void. 9.6 Survival - Sections 4, 7 and 0.9.0 of this Agreement will survive termination and expiration of this Agreement. CLASS Software Solutions Ltd. Third Party Product Purchase Agreement 14SEP01 Form (Terms and Conditions) Page 3 of 3 software solutions Shaping the future of communities w Class Software So ti d Suite 300, 6400 Ro erts et, Burnaby, BC Canada V5G 4C9 t: 1.800.661.1196 f: 604.432.9708 classL@classinfo.com www,classinfo.com SOURCE CODE ESCROW AGREEMENT This Escrow Agreement is entered into as of the L.8 day of �, 20B between Class Software Solutions Ltd. ( "CSS ") and ACC of ek ll[� ['ac��1 ( "Customer"). WHEREAS: A. Customer wishes to have access, upon the happening of certain events, to the source code with supporting documentation ( "Source Code ") for certain computer software (the "Software ") licensed to Customer by CSS in executable form pursuant to a Software License Agreement dated 11-1&-03 ( "License Agreement "). The supporting documentation referenced in the previous sentence shall include all Software Documentation as defined in the License Agreement. B. CSS will provide a sealed envelope containing the Source Code and a license to use same, which will be held in safekeeping and in trust by the Customer, which envelope is not to be opened nor the source code used until the happening of certain events, and the Customer fulfilling certain requirements, as set out herein. THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Delivery of Source Code - Upon the effective date of this Agreement, CSS will deliver to Customer a sealed envelope containing the most recent version and future releases of the Source Code within 18 months on diskette or CD -ROM and supporting materials which envelope will bear the following notice: Notice: This Envelope and Contents are provided to (3ee accordance with a License Agreement and Source Code Escrow Agreement. The unauthorized brea o king he seal of this envelope may result in the termination of Customer's right and license to use the Software licensed by Class Software Solutions Ltd. ( "CSS ") to Customer. The materials contained herein are confidential and valuable property of CSS and the seal of this envelope may not be broken or the materials removed unless: 1. The Release Conditions set out in the Source Code Escrow Agreement are met; 2. The Customer has appeared before a Notary Public with this sealed envelope and has made an affidavit or statutory declaration before such Notary Public that the release conditions set out in the Source Code Escrow Agreement have been fulfilled thereby permitting access to the contents herein, as required by the Source Code Escrow Agreement; and 3. The seal of this envelope is first broken, and this envelope opened, in the presence of such Notary Public. 2. The Customer will hold the sealed envelope in safekeeping in the same manner it keeps and protects its valuable and trade secret material. 3. CSS shall provide Customer with a sealed envelop containing the Source Code for each new release, upgrade, revision or version f the Software prior to the time when such new release, upgrade, revision or version of the Software is installed on the Customer's syste o m. 4. The Customer agrees that it is entitled to appear before a Notary Public and make the affidavit or statutory declaration described in the above notice and open the envelope to obtain possession of its contents upon the happening of the following event ( "Release Condition') subject to clauses 5 and 8: Release Conditions: a) CSS being in breach of any contractual obligation to provide Software maintenance, technical support, or upgrade services to Customer as a result of the appointment of a receiver, receiver - manager or trustee in bankruptcy over the assets and undertaking of CSS. This Release Condition shall be deemed to occur upon the earlier of: (i) the appointed receiver, receiver- manager or trustee in bankruptcy announcing that such receiver, receiver - manager or trustee will not assume /reject and continue to discharge CSS's obligations of support and maintenance to Customers; or (ii) thirty (30) days after the appointment of such receiver, receiver- manager or trustee in bankruptcy in the event such receiver, receiver - manager or trustee fails to announce any assumption by it of the CSS's obligations of support and maintenance to Customers. b) CSS being in default of the Software Support and Maintenance Agreement between CSS and Customer. CLASS Software Solutions Ltd. Source Code Escrow Agreement 14MAY03 Form ?age 1 of 2 c) CSS ceasing to provide software maintenance and support services on behalf of the Customer. d) CSS ceasing to provide software maintenance and support services that are adequate to satisfy the Customer's software maintenance and support requirements 445 - nm 5. Upon becoming aware of the occurrence of the Release Condition, the Customer will notify CSS of the occurrence of the Release Condition and will not take any steps to access the Source Code until CSS has had fourteen (14) days since receipt of such notice to correct the release condition referenced in clause 3. 6. In the event CSS does not take reasonable action(s) within the said fourteen (14) day period to remedy the Release Condition, the Customer may: a) appear before a Notary Public with the sealed envelope containing the Source Code and supporting materials; and b) make an affidavit or statutory declaration before the said Notary Public stating that: i) the Release Condition has occurred, and the circumstances of that occurrence; ii) notice thereof has been provided to CSS pursuant to Section 4; iii) a period of 14 days has elapsed since the giving of the notice to CSS and CSS has not resolved the Release Condition to the reasonable satisfaction of the Customer acting in good faith; iv) the Customer has not received from CSS a notice of CSS's application to a court of competent jurisdiction in Florida for an injunction or other court order restraining the Customer from releasing the source code from escrow ; v) the Customer has not broken the seal and opened the envelope, and will only do so in the presence of the said Notary Public; and vi) the Customer acknowledges that its use of the Source Code is subject to the terms and conditions contained in the License Agreement and Source Code Escrow Agreement, and Customer will maintain the source code in confidence and will not disclose same to any party, other than a party retained by the Customer to assist in the Customer's use and maintenance of the Software code, and further provided that such party execute an agreement to maintain the source code in confidence and to make no use of the source code or any information relative thereto except for the purpose of so assisting the Customer in its support and maintenance of the Software; and C) Upon performing each of the above, open the envelope in the presence of the Notary Public, and will be granted a fully paid -up, non- exclusive, perpetual right and license, to use, modify, and enhance the Source Code and supporting materials in order to provide Software maintenance, technical support, and upgrade services to itself (and only itself), 7. The Customer agrees that it shall permit CSS to inspect the envelope containing the Source Code from time to time to ensure the seal remains unbroken. In the event the seal of the envelope is broken or the envelope is otherwise opened, CSS has no further obligation to provide Software upgrades, warranty, support or maintenance services to the Customer, and, in CSS's sole discretion, it may terminate the License Agreement. In the event the Source Code is obtained and used by the Customer in accordance with clause 5, any and all CSS warranties, support, maintenance and other obligations to the Customer with respect to the Software (or any derivative works thereof) are automatically terminated, with the exception of the warranty of title to the original work in the Software and indemnification with respect to same, which shall continue. 8. In the event that CSS serves on the Customer a notice of CSS's application for an injunction or other court order as contemplated in Section 5(b)iv) above, the Customer will not be entitled to break the seal, open the envelope or access the Source Code until the earlier of: (i) a court order denying CSS's application for the said injunction or other such court order; or (ii) the Customer obtains an order of the appropriate Court that it may so open the envelope and use the Source Code. 9. Incorporated by reference into this agreement are the Terms and Conditions set out in the Software License Agreement, mutatis mutandis, except as specifically modified herein, which Terms and Conditions are applicable to the Source Code if Customer acquires the right to access the Source Code pursuant to this Source Code Escrow Agreement, BOARD OF COUNTY COMMISSIONERS FOR SIGNED BY COLLIER COUNTYiFLORIDAIA POLITICAL Class Software t' L d. SUBDIV SION OF THE STATE OF FLORIDA A t'TEQT Cust ame: Name: Alex Bar etso -, `' . A I NA RY Title: President x Glerk 'Tom Henning, Chairm �r f` 03 Date '' Date Attest as to Chairman's Approved as legal sufficiency signature onlr. CLASS Softw lu_% L - -9eU,�,Ze Code Escrow Agreement 14MAY03 Form Assistant ntr Attorney Page 2 of 2 MEMORANDUM 16D3 Date: December 8, 2003 To: Jeff Page EMS From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Renewal of Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Enclosed please find the original document, as referenced above (Agenda Item #16D3), approved by the Board of County Commissioners on Tuesday, November 18, 2003. A copy of this documernt is kept at our office for backup documentation if you have any questions, please contact me at 774 -8411. Thank you. Enclosure 16D3 "'! 1 memorandum �I To: James V. Mudd County Manager From: Jeff Page, Director Emergency Medical Services Department Date: September 29, 2003 Subject: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81 -75, please accept the following information for renewal of this required certificate: 1. Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 2. Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. 2. Collier County Emergency Medical Services Department has a total of fourty vehicles. Thirty -one (31) of these are licensed ground transport vehicles and one medivac helicopter. There are also eight (8) ALS Engines (non- transport). Nineteen (19) licensed ground transports, eight (8) ground transports (non- transports) and the medivac helicopter operate 24 hours and day, seven days a week. During season (November through April) three (3) licensed ground units and three (3) ground transport (non licensed ) vehicles operate 12 hours a day, seven days a week. The remaining, eight (8), ground transport vehicles, are in reserve. (Attachment A) Emergency Services Division Q 1603 4 4 Collier County Emergency Medical Services Department has one main office and seventeen (17) substations located throughout Collier County at the following locations: Headquarters Station #1 Station #2 Station #3 Station #4 Station #5 & 50 Station #6 & 7 Station #8 Station #9 & 19 Station #10 Station #11 Station #12 Station #14 Station #15 Station #16 Station # 17 Station #18 Station #20 3301 East Tamiami Trail 835 8th Avenue South 2375 Tower Drive 776 Vanderbilt Beach Rd. 1280 San Marco Rd. 4741 Golden Gate Pkwy. 112 South 1st Street 2065 Pine Ridge Road 11121 East Tamiami Tr. 7010 Immokalee Rd. 201 Buckner Avenue 14756 Immokalee Rd. 7227 Isle of Capri Road 97726 th Avenue North 16325 Vanderbilt Drive 4741 Golden Gate Pkwy. 175 Isle of Capri Blvd. 3410 Pine Ridge Road Naples, Florida Naples, Florida Naples, Florida Naples, Florida Marco Island, Florida Naples, Florida Immokalee, Florida Naples, Florida Naples, Florida Naples, Florida Everglades City, Florida Naples, Florida Naples, Florida Naples, Florida Bonita Springs, Florida Naples, Florida Naples, Florida Naples, Florida 5. Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. 6. Three (3) Collier County residents to act as references: Robert D. Laird 1756 Courtyard Way, 205 -C Naples, Florida 34112 Fay R. Biles 1588 Heights Court Marco Island, Florida 34145 Heather Rockcastle 342 Pinehurst Circle . Naples, Florida 34120 7. 8. 9. 10. .. Collier County Emergency Medical Services Department schedules of service fees (Attachment B). January 3, 2003 memo from Assistant County Manager stating no further information required. Renewal fee of $250.00 by journal entry of an interf ind transfer from Fund 490- 144610- 649010 to Fund 490 - 144610 - 36900. 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LL LL LL LL LL LL CL W LL LL LL N N �: Ln fA W W W LL LL Ll � LL F- } - i-- F- F- ►- rF- F- ►- zz I- zzzzzz Q Z !n N y N fn fn N Ln f/7 fn N N N Ln (%� N to N N N fn VJ fn N J N J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J o F-I a Q Q¢ a¢¢ Q Q a Q Q Q a 4¢ Q a¢ Q a� ¢ Q a a¢ Q a a a a a a a a M N M M N M 9 LC) M1 m M sr lL7 m 07 O N C N M 'R O �♦ n cnnnnn n n nnnavvM ao m m aD M mm mmmM1nrommrn m rn o w MMMM V O r r M n n n n n N N N t!) m n n GO N N N N O O ^^ r r 0 .0- OJ m m m m r m m m m co co OD co co m Of Q) m W O W O O O O O O r = a W 7 S0 /b0'd 80b6 88b 0S8 33I()GS -ldOIQSW A3N30N3W3 0z:oT 2002- LZ -onu It 0 M d CL M M M 0 O N N m 16D3 A ATTACHMENT "B" RESOLUTION NO.03 - 244 RESOLUTION APPROVING UP -DATED USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 — 36 FOR 2004 FISCAL YEAR; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING CLARIFICATION ON ADJUSTMENTS AND WAIVERS; PROVIDING CLARIFICATION ON WAIVER OF SPECIAL EVENTS; AND PROVIDING A PROCEDURE FOR APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "EMS ") provides ambulance services to the residents and visitors of Collier County; and WHEREAS, the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residents and visitors of Collier County; and WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter sometimes referred to as "the Board"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: EMS USER FEES BASE RATES SERVICE LEVELS CODES BASE CHARGE A. EMS - BLS NON - EMERGENCY A0428 $ 350.00 B. EMS - BLS EMERGENCY A0429 $ 375.00 C. EMS — ALS 1 NON - EMERGENCY A0426 $ 425.00 D. EMS - ALS 1 EMERGENCY A0427 $ 475.00 E. EMS — ALS 2 EMERGENCY A0433 $ 550.00 F. EMS — SPECIALTY CARE A0434 $ 650.00 ` G. EMS — HELICOPTER (LOGISTICAL) A0431 $ 2,400.00 H. EMS - HELICOPTER (TRAUMA) A0431 $ 4,200.00 BASE RATES I. EMS - BLS GROUND BASE RATE A0428 (BENEFICIARY DEATH IN ACCORDANCE WITH CMS GUIDELINES) J. EMS — BLS AIR BASE RATE A0431 (BENEFICIARY DEATH ltd ACCORDANCE WITH CMS GUIDELINES) MILEAGE RATES SERVICE LEVELS CODES $350.00 $2,400.00 MILEAGE CHARGE A. EMS — IN COUNTY GROUND UNIT A0425 $ 9.00 11 (MINIMUM CHARGE OF 1 MILE AND NO CAP) B. EMS - OUT OF COUNTY GROUND UNIT A0425 $ 9.00 (MINIMUM CHARGE OF 1 MILE AND NO CAP) C. EMS - IN COUNTY AIR UNIT A0436 $ 65.00 (MINIMUM CHARGE OF 1 MILE AND NO CAP) D. EMS - OUT OF COUNTY AIR UNIT A0436 $ 65.00 (MINIMUM CHARGE OF 1 MILE WITH NO CAP) SPECIAL EVENTS AND MISCELANEOUS RATES SERVICE LEVELS RATES - TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR) $ 150.00 - ONE (1) MEDIC /NO VEHICLE (PER HOUR) $ 50.00 COPIES OF DOCUMENTS /PER PAGE $ 1.00 (EXCLUDING GOVERNMENTAL AGENCIES) INTEREST ON PAST DUE ACCOUNTS 1 %monthly SECTION TWO: BILLING AND COLLECTION PROCEDURE The following shall be the minimum guidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the provision of service, as service dynamics reasonably permit. Unpaid fees and charges, subsequent to time of service, shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the EMS Department. B. An initial bill for ambulance services shall be processed in the following manner within thirty (30) days after service is provided. 1. The County will send an initial bill to the service recipient's or responsible parry's insurance carrier provided that appropriate insurance information is made available to the EMS Billing Section. The EMS Billing Section will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carrier's are billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service, a bill will sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted off per the rules and regulations of Medicaid. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or 16D3 16D3 responsible party for payment. The EMS Billing Section will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions, (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period following the second past due notice, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month, on all accounts that are sent to the County's contracted collection agency, (excluding hardships as defined by County policy) D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board may, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners, in accordance with criteria established by the enabling Ordinance, may authorize other adjustments. A. Medicare and Medicaid Adiustments Contractual adjustments under Medicare and/or Medicaid assignment will be made in accordance with applicable Medicare and/or Medicaid rules and regulations. B. Victim's Compensation Contractual Adiustments Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. C. Worker's Compensation Contractual Adiustments Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. D. County Employee Adiustments Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will be responsible for any deductibles, co- payments or unpaid balances. An employee may dispute his/her ambulance charge in accordance with procedures set forth in Ordinance 96 -36. E. C_hampus/Tricare Adiustments Contractual adjustments will be made in accordance with applicable Champus/Tricare rules and regulations. F. Railroad Retirement Adiustments Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations pertaining to Railroad Retirement Adjustments. G. Social Services Adiustments Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Director. SECTION FOUR: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand -by services may be waived if the Board finds that a valid public purpose has been established in recognition of their charitable contributions to the Community. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the mirmum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SIX: SUPERSESSION OF RESOLUTION 2002 -429 This Resolution shall supersede Resolution No. 2002 -429 16D3 1 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 2003. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2.q* day of JU I E , 2003. ATTE8T,::.", • Ca;,,�fd DWIGHT E. BROCK.: CLERK o BY:� A t.st a: ta'ehairm"Is signature Wy,.,, Approved as to form and legal sufficiency: esiscqu line Hubbard Robinson tant County Attorney BOARD OF CO NTY CO MISSIONERS OF COLLIER OUNTY ORIDA . BY: Tom Henning, Chairman T -03 5 a 16D3 1 16D3 MEMORANDUM ATTACHMENT "C" TO: James V. Mudd, County Manager FROM: John Dunnuck, Administrator Public Services Division DATE: September 19, 2003 REF: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. 16D3 A COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT #1 This Permit Expires December 31, 2003 Name of Service: Collier Count Emer enc Medical Services Name of Owner or Manager: Collier Count Board of Count Commissioners Principal Address of Service: 3301 East Tamiami Trail Na les Florida 34112 Business Telephone: 941 774 -8459 Emergency Telephone: 9 -1 -1 Description of Services Area: The 2 032 square miles encompassing Collier Count Number of Ambulances on 24 hour duty: 21 ?round units (ambulances) Number of Ambulances on 12 hour duty: Two (2) ground unit. Number of reserve Ambulances: Seven 7 Number of non - transport ALS engines: Ei t 8 Number of medivac helicopter: One 1 See attachment "A" for description of vehicles. This permit, as provided in Ordinance 81 -75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this /$ day of JI/DVeI!'1 �E'R_. 2003_ ATTEST: : ;';';'. DWIGI.T:E:_4040 , .CLERK 's BOARD OF COUNTY COMMISSSIONERS COLLIER C TY, F ORIDA 0 Tom a g, all an signa�we~1 ,'' 1 H -03 Approvbc�-as,t4 c in;$i.legal sufficiency: i 9 ed q •3 0 w 4° F O W a O. U z a P, O U z W W W a N M O N x F 16D3 O O O 0 ca Q Q x U A d Q W a W PG - _ W w v� W W / � U W z A z W O i7y O Q 0-4 � P, � •� b > W A W w' o to o � y � � . e ^ c Cd -v c o x tn y � 3 y ca b c Cd •� o too � ., aAi � H ►" 0 h 14 o U � cV >. w A o a+ •3 � � C 'yC�' o o ti W 3 0 o u � a� -o O • o CO u 9 ed q •3 0 w 4° F O W a O. U z a P, O U z W W W a N M O N x F 16D3 O O O 0 ca Q Q x U A d Q W a W PG - _ x 9 ed q •3 0 w 4° F O W a O. U z a P, O U z W W W a N M O N x F 16D3 O O O 0 ca Q Q x U A M 5-N - _ r.y an 16D I J:4�[OWV1110y,I Date: November 20, 2003 To: Barry Williams, Director Human Services Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Letter of Agreement between Collier County, (the County) and the State of Florida Agency for Health Care Administration Enclosed please find one (1) original document and Two(2)copies as referenced above, Agenda Item #16D4, approved by the Board of County Commissioners on Tuesday, November 18, 2003. Kindly forward same to the appropriate person(s) for the required signature(s), and return the fully executed original to Minutes and Records. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures Letter of Agreement 1 6. THIS LETTER OF AGREEMENT made and entered into in duplicate on the — I Sth day of November, 2003 by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, Per Senate Bill 2 -A, the General Appropriations Act of FY 2003 -2004, passed by the 2003 Florida Legislature, Collier County and the State of Florida, through the Agency for Health Care Administration, agree that Collier County will remit to the State an amount up to $164,280. a) The County and State have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b) The increased provision of Medicaid funded health services will be accomplished through the following Medicaid programs: 1. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education programs hospitals. 2. Increase the annual cap on outpatient services for adults from $500 to $1D-00. Special Medicaid payments to rural hospitals, trauma centers, graduate medical education programs, primary care services and other Medicaid participating hospitals. 4. Special Medicaid payments to hospitals that provide enhanced services to low income individuals. 2. The County will pay the State in the amount of $164,280. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $41,070 for the months of July, August, and September is due upon receipt of the first quarter invoice. b) Each successive payment of $41,070 is due no later than the end of each quarter, December 3 L 2003, March 31. 2004 and June 30, 2004. c) The State will invoice Collier County each quarter payments are due. n 4 3. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 4. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 5. The county confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, hospital districts, and /or the hospitals to re- direct any portion of the Medicaid supplemental payments in order to satisfy non - Medicaid activities. 6. This Letter of Agreement covers the period July 1, 2003 through June 30, 2004. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. Collier County 0 ': Z��l - Signature (1 -10 03 Administration Mr.Tom Henning Name Chairman Title Approved as to form & legal sufficiency Assistant County attorney State of Florida K nneth L. Thurston. CPA Assistant Deputy Secretary for Medicaid Finance Agency for Health Care ATTEST: D N; G ` E. E DC LERK 't Wk AY isY sign.tttr't':ptt, MEMORANDUM Date: November 20, 2003 To: Thomas White EMS From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Telestaff License and Annual Service Agreement Enclosed please find three (3) copies of the original agreement as referenced above, approved by the Board of County Commissioners on Tuesday, November 18, 2003 (Agenda Item #16D6) If you should have any questions, please feel free to contact me at 774 -8411. Thank you. Enclosure (1) TELESTAFF LICENSE AND ANNUAL SERVICE AGREEMENT This Agreement ( "AGREEMENT ") made by and between Principal Decision Systems International ( "PDSI ") that has its principal place of business at 625 The City Drive South, Suite 190, Orange, CA 92868, and Collier County EMS ( "CUSTOMER "), that has its principal place of business at 3301 East Tamiami Trail, Naples, FL 34112, shall be subject to the following terms and conditions: Whereas, PDSI has developed a telecommunications /computer technology which consists of certain software known as TELESTAFF; and Whereas, PDSI imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF; and Whereas, CUSTOMER wishes to contract with PDSI to: (1) implement a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, implement all licenses necessary to use TELESTAFF; and Whereas, PDSI is willing to contract with CUSTOMER to: (1) grant CUSTOMER a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, grant all licenses necessary to use TELESTAFF; Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, PDSI and CUSTOMER do hereby agree as follows: 1. Ownership and License of TELESTAFF. . Except as provided herein at paragraph 2(b), PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI 2. Copyright and Proprietary Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination for any reason other than non - renewal of Service and Support as described herein at Section 10, CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not: (i) Modify TELESTAFF and /or merge it into another program for CUSTOMER use except by express, written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (ii) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of TELESTAFF. 3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. 4. Term. This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year unless terminated as provided herein. This Agreement may be extended by the mutual agreement of the parties for three (3) additional one (1) year periods. The CUSTOMER shall give PDSI written notice of the CUSTOMER'S intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Subsequent renewals to extend this Agreement shall be approved by the Collier County Board of County Commissioners. 5. Product Options. The following constitutes a list of TELESTAFF components and associated fees that CUSTOMER does hereby agree to purchase from PDSI available in connection with the use of TELESTAFF. See Appendix A for the definition of TELESTAFF Hardware Components and Appendix B for the definition of Implementation Services. Initial Component Fee TELESTAFF Software License for 200 Staff Members $ 23,600 WEBSTAFF - PDSI Hosted Setup and First Year Service $ 2,500 TELESTAFF Implementation Services $ 12,000 Hardware - Enterprise Server Qty: 1 $ 4,500 Additional Sybase Concurrent Connections Qty: 4 $ 500 Total Initial Acquisition Cost $ 43,100 10% discount if contract is executed by November 30, 2003 $ 38,790 6. Pricing. PDSI agrees to the fees reflected above in paragraph 5 until November 30, 2003. A -1 16D6 Payments. The CUSTOMER shall pay PDSI for the performance of this Agreement upon completion or partial completion of the below deliverables as accepted and approved by the IT Project Manager or their designee pursuant to the fees as set forth in this section. Payments shall be made to the PDSI when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". Deliverables to be as follows: Initial Component TELESTAFF Software License and applicable Sales Tax ($23,600) TELESTAFF Implementation Services ($7,690) TELESTAFF Hardware Components ($5,000) WEBSTAFF Set Up and First Years Service ($2,500) Due Upon Receipt of Software Upon completion of the Configuration Training as defined in Appendix B attached hereto Upon receipt of hardware as defined in Appendix A attached hereto Upon setup of WebStaff 8. Travel Expenses. PDSI's Travel and Reimbursable Expenses performed under this Agreement shall not exceed one thousand dollars ($1,000.00) unless approved in advance in writing by the County. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage: $ .29 per mile Breakfast: $3.00 Lunch: $6.00 Dinner: $12.00 Airfare: Actual ticket cost Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 9. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that additional training and/or reconfiguration requested by CUSTOMER will be at an additional cost. 10. Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve (12) months following the Execution Date. See Appendix C for the definition of Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: Initial Event Paymen F71 t TELESTAFF - 1 st Anniversary of the Execution Date $ 4,720 Subsequent anniversaries during term 5% maximum increase over previous period PDSI reserves the right to discontinue Service and Support of previous releases of TeleStaff and WebStaff as defined in Appendix C upon ninety (90) days written notice to CUSTOMER. 11. WebStaff Usage: Access to TeleStaff via the web is provided through the WebStaff application hosted by PDSI. CUSTOMER does hereby acknowledge that on each event and for the fee specified below, CUSTOMER can renew access to WebStaff: Initial Event Payment 1 st Anniversary of the Execution Date $ 4,080 Subsequent anniversaries during term 5% maximum increase over previous period Should CUSTOMER elect not to renew WebStaff access or fail to pay the usage fee specified above in advance the subsequent 12 month period, CUSTOMER acknowledges that PDSI will disable CUSTOMER access to WebStaff. 12. Limited Warranty. PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PDSI warrants that when utilized by the CUSTOMER in a manner authorized hereunder, the TeleStaff Software will reasonably conform to the functional specifications set out in the user documentation accompanying the Software. PDSI's sole obligation and liability hereunder with respect to any failure to so perform will be to use reasonable efforts to remedy any non - conformity which is reported to PDSI in writing by CUSTOMER within 120 days following installation and acceptance by CUSTOMER. In the event PDSI A -2 1 is unable to remedy such non - conformity within a reasonable time using reasonable efforts, at the CUSTOMER 's option, PDS will refund to CUSTOMER the license fee pertaining to the Software and this Agreement will be terminated as provide for in Section 15. 13. Limitation of Liability. CONTRACTOR'S liability to CUSTOMER for any claim for damages caused by the CONTRACTOR'S performance or non- performance under this Agreement shall be limited to an amount equal to the total amount of this Agreement. In no event shall CONTRACTOR or its agents be liable for damages, loss or expenses of any kind whatsoever that may result from the fraudulent or unauthorized use of equipment, software and /or services provided under this Agreement. 14. Indemnification. Subject to the limitations set forth in Section 768.28, Florida Statutes, each party agrees to indemnify and hold the other party harmless against and from any and all losses, claims, damages or liabilities, joint or several, to which the other party may become subject as the result of negligent or intentional acts or omissions, by the other party in connection with the performance of its duties under this Agreement or as the result of the other party's material breach of any representation, warranty, covenant or agreement pertinent to this Agreement. This indemnity provision shall survive the termination of this Agreement. 15. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default (if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations under this AGREEMENT), the non - defaulting party shall have the option to terminate this AGREEMENT. In the event of default, the non - defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non - defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the default; (b) By mutual consent between both parties; (c) After the initial term of the AGREEMENT, upon thirty (30) days written notice to the other party. 16. Miscellaneous Provisions. (a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the parties hereto. (b) Entire Agreement. This AGREEMENT, including Appendices A, B, and C attached hereto, supersedes all prior discussions, understanding and agreement between the parties with respect to the matters contained herein, and constitutes the entire agreement between the parties with respect to the matters contemplated herein. (c) Governing Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Florida and County of Collier. (d) Notices. All notices, requests, demands and /or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be faxed or mailed, postage prepaid and addressed to the parties at the addresses or fax numbers below. Any party may change its address or fax number for purposes of this AGREEMENT by notice in writing to the other party. CUSTOMER: Collier County EMS Department PDSI 3301 Tamiami Trail East 625 The City Drive South, Suite 190, Naples, FL 34112 Orange, CA 92868 Fax: (239) 732 -0844 Fax: (e) No Waiver. No failure on the part of any party hereto to exercise, and no delay in exercising any right, power or remedy or partial exercise of any right, power or remedy by any party will preclude any other or future exercise of any other right, power or remedy or partial right, power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition hereof. (f) Assignability. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, successors, assigns and personal representatives. (g) Escrow. Customer wishes to have access, upon the happening of certain events, to the TeleStaff source code with supporting documentation ( "Source Code ") for TeleStaff software (the "Software ") licensed to Customer by PDSI in executable form pursuant to this Agreement. PDSI agrees to release the Source Code to the Customer as long as CUSTOMER has remained in compliance with PDSI's Service and Support Plan as defined in Section 10 above under the following Release Condition: PDSI being in breach of any contractual obligation to provide Software maintenance, technical support, or upgrade services to Customer as a result of the appointment of a receiver, receiver- manager or trustee in bankruptcy over the assets and undertaking of PDSI This Release Condition shall be deemed to occur upon the earlier of: (i) the appointed receiver, receiver - manager or trustee in bankruptcy announcing that such receiver, receiver- manager or trustee will not assume /reject and continue to discharge PDSI's obligations of support and maintenance to Customers; or (ii) thirty (30) days after the appointment of such receiver, receiver- manager or trustee in bankruptcy in the event such receiver, receiver - manager or trustee fails to announce any assumption by it of the PDSI's obligations of support and maintenance to Customers. A -3 16D6 (h) It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Collier County Board of County Commissioners. (i) CUSTOMER shall receive V2.0 of the TeleStaff software if it is ready for release as of the time of contract execution. If V2.0 is not ready for release at that time, CUSTOMER shall receive V1.41 or the then current version, but will be upgraded to V2.0 when it is ready for release. There will be no charge to the CUSTOMER for the upgrade in the way of hardware, implementation, maintenance and data conversion. (j) PDSI agrees that if CUSTOMER desires to purchase additional TeleStaff licenses in excess of the two hundred (200) initially purchased under Section 5 of this AGREEMENT, the cost for each increment of fifty (50) licenses shall not exceed five thousand dollars ($5000.00). (k) It is further understood that CUSTOMER is paying a flat rate for a license to accommodate up to 200 employees, and inactive employees will not count against this total. Should the CUSTOMER purchase additional licenses as per Item j. above, the same provision for inactive employees shall apply. IN WITNESS WHEREOF, PDSI 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 T499. BOARD OF CO TY COM IONERS ATTEST: '? ' .., <<'� COLLIER Dwight E. Brock, C�i rk gffeoprzs ._ By: Date '(SEAL) *n at qrt (teS` TY, FLO 0 By: Tom Henning, Chairman PDSI Contractor By: Signature Typed isrignature and title 4 4..`s M "C9C1rtiA.ek TType /print witness nameT CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: Scott R. Teach Assistant County Attorney 625 The City Drive South, Suite 190 • Orange, California 92868 (800) 850 -737A t. flax (714) 703 -2970 Appendix A— TeleStaff Hardware Components 16D6 Computers purchased through PDSI are manufactured by Dell Computer Corporation. Each computer is built to the specifications required by TeleStaff and includes components necessary to operate the features of each TeleStaff product model. Each computer is quality tested by Dell and is delivered to CUSTOMER ready to operate as intended. Following are the basic features and components included for each TeleStaff computer hardware option: TeleStaff Basic Server • Intel Pentium 2 GHz processor or better • 512 MB or greater RAM • 40 GB or larger Hard Drive . 48x CD -ROM Drive • 17 SVGA Monitor • V.90 Data /Fax Modem TeleStaff Telephony Server • TeleStaff Basic Server I�us: • 4 port Dialogic Telephony system • Telephony system dongles (4 port) TeleStaff Database Server • TeleStaff Basic Server plus: • Sybase Studio database license (1 concurrent user) • Sybase Client database license (3 concurrent users) TeleStaff Enterprise Server • TeleStaff Basic Server plus: • 4 port Dialogic Telephony system • Telephony system dongles (4 port) • Sybase Studio database license (1 concurrent user) • Sybase Client database license (3 concurrent users) • Multimedia with speakers and microphone • Keyboard and mouse • Microsoft Windows XP Pro License • Iomega 250M Zip Drive • 4 hours 7 x 24 onsite service (3 years) 625 The City Drive South, Suite 190 • Orange, California 92868 (800) 850-737A-fix (714) 703 -2970 Appendix B — TeleStaff Implementation Services Partnership Agreement 16D6 For the fee specified in paragraph 5 of this AGREEMENT, PDSI will train CUSTOMER staffing administrators on the operation of TeleStaff and will train CUSTOMER on how to configure the TeleStaff system using CUSTOMER data. The following steps comprise the TeleStaff Implementation services: Hand -Off: During this internal phase, the appropriate PDSI account representative transfers information on the CUSTOMER to the PDSI Implementation Manager (IM). The IM is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CUSTOMER. During this phase, PDSI will send the CUSTOMER an Implementation Welcome Packet containing an overview of the Implementation Process and information on how to prepare for TeleStaff. Kick -Off: During the Kick -Off phase, the IM and CUSTOMER hold a conference call to review the Welcome Packet, to establish CUSTOMER contacts required by PDSI during the Implementation Process, and to set dates for the 5 day Implementation Training held at PDSI. Preparation: During the Preparation phase, the IM and CUSTOMER will hold a conference call to review TeleStaff data fields, to instruct the CUSTOMER on how to use the data import tool, and to instruct the CUSTOMER on how to analyze and document their staffing rules. Also during this phase, PDSI provides the CUSTOMER with the necessary installation documentation and ships the TeleStaff hardware to the CUSTOMER. Training: Implementation Training is held at PDSI over the course of 5 consecutive business days. Implementation Training will include two distinct classes. The first class is a TeleStaff Administrator Training Class that provides instruction on the operation of TeleStaff. Instruction is hands -on, train the trainer format, with a guided workbook. This training course will take up to two 8 -hour days to complete, and is limited to two (2) staff members. The second class, Configuration Training, is designed for the CUSTOMER'S business rules experts. A PDSI configuration analyst will train the CUSTOMER on how to configure TeleStaff using the CUSTOMER'S database. This training course will take up to three 8 -hour days to complete, and is limited to two (2) staff members. For information on additional advanced training courses offered by PDSI, please contact your TeleStaff Implementation Manager or your Account Executive. 625 The City Drive South, Suite 190 • Orange, California 92868 (800) 850- 73713•_Fpx (714) 703 -2970 Appendix C = Annual Service and Support 16D6 All Software Errors reported by CUSTOMER shall be resolved as set forth below. Initial response by PDSI will be based upon CUSTOMER's full description of the problem. Resolution response will be based upon the priority assigned by PDSI as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSI by telephone. Telephone notification will be made to PDSI's support line at (800) 850 -7374. "Normal Business Hours" are 8:00 AM through 5:00 PM (Pacific Standard Time), Monday through Friday, excluding holidays. The main support line will be answered either by an attendant or automated attendant at all hours. During Normal Business Hours, each trouble report will be assigned a Help Desk Log Number. The Log Number shall be used for all subsequent inquiries relating to the original problem. During Normal Business Hours, the attendant will ring the TeleStaff Support Department and the call will be handled according to the priority assigned by PDSI. In the case of priority -one problems, as noted below, CUSTOMER may be able to speak directly to a TeleStaff Support Representative if one is available. Outside of Normal Business Hours, Priority 1 support, as described in this appendix, will be made available through a pager system. The phone number is 800 - 850 -7374. Priority 1 support is available 24 hours per day, 7 days per week to CUSTOMER's with LIVE status. All other problems will be handled on a callback basis. If requested or so stipulated in the response time criteria below, a PDSI representative will return the call in a manner consistent with the priority and order in which the call was received. CUSTOMER shall make every effort to respond to PDSI in a timely fashion when requests are made to follow -up calls or additional documentation on the reported problem. Priorities are assigned as follows: Prioritv One Hours of Availability Description: Initial Response: Resolution Response Notification: Priority Two Hours of Availability Description: Initial Response: .... Resolution Response: —" 24 hours /day, 7 days /week l 'e-r-ro*-r that severely impacts ability automated tin functions (TeleStaff s down). This level of priority is only available o CUSTOMER's that are us ngTeleS affa production environment (LIVE accounts ONLY). burin Normal Business Hours, immediate res onse if a Su ort Re resentative i 9 p � pp p 's available. Otherwise, PDSI will respond with a call back within one hour. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back within two hours. PDSI will work acgressive ide CUSTOMER with a workaround solution or to completed resolve the problem It is the responsibility of CUSTOMER to alert PDSI of a possible Priority -One issue. PDSI will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the workaround has been provided or the problem has been resolved. Monday through Friday, 6:30 AM to 6:00 PM, Pacific Standard Time. A non - critical software error, which prevents the user from performing a data entry or system administration function. These do not include cosmetic, documentation, or reporting problems. These also do not include questions or inquiries regarding the operation of the software or its installation and training. During Normal Business Hours, PDSI will respond with a call back within three hours. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back the next business day ..... _.. .... ............... PDSI will provide a workaround for CUSTOMER when possible. PDSI will provide a problem resolution in the form of a„ n grade or modification to the Software in an upcoming Update._ PDSI will notify CUSTOMER when a workaround has been provided or the problem has been resolved _ Priority Three Hours of Availabili Monday through Friday, 6:30 AM to 6:00 PM, Pacific Standard Time. Description. All other software or documentation errors not described above. These include but are � not limited to: Initial Response: Resolution Notification • Reporting errors or calculation problems • Documentation inaccuracies • Cosmetic issues • Misspellings • Product Enhancement requests • Questions or inquiries relating to TeleStaff Software functionality, system administration or installation PDSI will 'respond- to these items i p f specifically requested to do so at the time of the request. PDSI will respond within an average of twenty-four (24) hours during Normal Business Hours. nse PDSI will correct documentation errors in upcoming releases_of the documentation If requested, PDSI will notify the CUSTOMER when a workaround has been provided or resolved. 625 The City Drive South, Suite 190 • Orange, California 92868 (800) 850 -73764 : ffax (714) 703 -2970 a reply is requested, been .0 16E4 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15,2004 16E5 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 MEMORANDUM Date: November 26, 2003 To: Scott Johnson Purchasing Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract No. 03 -3555 Color Communications, Inc. d /b /a The Naples Studio Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E6), approved by the Board of County Commissioners on November 18, 2003. Kindly forward same to the appropriate parties. If you should have any questions, please contact me at 774 -8411 Thank you. AGREEMENT 1 6) E 6 THIS AGREEMENT, made and entered into on this 18th day of November 2003, by and between The Naples Studio, Inc., authorized to do business in the State of Florida, whose business address is: 5405 Taylor Road, Suite 10, Naples, FL 34109 hereinafter called the "Contractor" (or "Consultant ") 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 November 18, 2003, and terminating on November 17, 2004. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County 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 Contractor shall provide services in accordance with the terms and conditions of RFP #03 -3555 and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of Fifty -nine thousand One Hundred twenty -five Dollars per year ($59,125.00), based on the per show prices set forth in the Contractor's proposal, subject to Change Orders as approved in advance by the County. 4. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement pursuant to the unit price schedule offered by the Contractor in his proposal, together with the cost of any other charges /fees submitted in the proposal. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Color Communications, Inc. d /b /a The Naples Studio 5405 Taylor Road Suite 10 Naples, FL 34109 Attn. Pam Hughes Fax: 239 - 514 -2220 16E6 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building "G" 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239- 732 -0844 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. 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16E6 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $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 $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. This coverage has been exempted by the contractor and is attached as Notice of Election to be Exempt. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 15E6 ' : 12. INDEMNIFICATION. The Contractor /Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/ Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/ Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor /Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Communications and Customer Relations Department. 14. CONFLICT OF INTEREST: Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP #03 -3555 , Contractor's Proposal, Insurance Certificate, Certificate of Exemption for Worker Compensation. 16. 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. 16E6 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts % CFa First Witness T.QAWIIS M, OPT" TType /print witness nameT Secon itness TType /print witness nameT Approved as to form and l y: Robert N. Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Aj, o o ennin , Chairm 11 (8 -03 Contractor By: m�44 Si at 'PAP 09,66, ��20eAw 7— Typed signature aAd title CORPORATE SEAL (corporations only) COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION PURCHASING DEPARTMENT DATE: July 24, 2003 TO: Prospective Proposers FROM: Scott D. Johnson, Purchasing Agent Purchasing Department 1506 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 TEL (239) 774 -8407 FAX (239) 732 -0844 www.colliergov.net SUBJECT: RFP #03 -3555 — "Bi- Weekly 30- Minute News Magazine TV Show" Pursuant to direction by the County Manager, the Communications and Customer Relations Department is seeking the professional services of a qualified firm capable of providing a Bi- Weekly 30- Minute News Magazine TV Show. Please refer to the Legal Advertisement contained in the enclosed Proposal Package for the time and the due date for proposal submission. These professional services will include, but not be limited to, the "Scope of Services" as described herein. If you have any immediate questions regarding the intended Scope of Services, you may contact Deborah Wight, Assistant to the County Manager, and Interim Director of the Communications and Customer Relations Department at 239/774 -8383. Procedural questions may be directed to me, Scott D. Johnson, at 239/774 -8995 or email: ScottJohnson @colliergov.net. We look forward to your participation in this RFP process. cc: Deborah Wight, Assistant to the County Manager RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 2 16E6 ti :y PUBLIC NOTICE OR REQUEST FOR PROPOSALS Pursuant to direction by the County Manager, the Communications and Customer Relations Department , Sealed Proposals for providing a Bi- Weekly 30- Minute News Magazine TV Show will be received until 3:00 p.m. on August 22, 2003 at the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112. RFP #03 -3555 "Bi- Weekly 30- Minute News Magazine TV Show" All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal requirements. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /S/ STEVE CARNELL Purchasing Director This Public Notice was posted in the lobby of the Purchasing Building, Collier County Government Center on July 24, 2003. RFP No. 03- 3555 "Bi- Weekly 30- Minute News Magazine TV Show" Page 3 16E6 SCOPE OF SERVICES This Request for Proposal (RFP) is issued for the purpose of establishing a contract with a firm capable of providing a professional Bi- Weekly 30- Minute News Magazine TV Show for Collier County. Introduction: The Collier County Government Department of Communication and Customer Relations (C &CR) is seeking proposals for the production of a bi- weekly, 30- minute, news magazine television show to be broadcast on the County's Government Access Channel. The proposal should include the production of twenty -two (22) original episodes and two (2) compilation shows to air during fiscal year 2003 -2004. Description of site: Proposer should be able to accommodate both field interviews and interviews conducted at their location providing a reasonable set backdrop that is approved by C &CR staff. Collier County's Requirements: C &CR staff will provide the proposer with a completed 6- to 8- minute news segment that will be incorporated into the show bi- weekly. C &CR staff will provide the subject matter and direction for all content in the program. C &CR staff will retain complete and total editorial control and will reserve the right to ask for changes in finished product based on content, technical flaws and unexpected circumstances. C &CR staff will provide a format, name and other such identifiers for the show. Scope of Work: Proposals should consider the following work and timeline: Writing, scheduling, videotaping and editing one (1) topic- assigned 8- to 10- minute segment, one (1) topic- assigned 5- to 6- minute segment and one (1) topic- assigned 1- minute segment each week. Production of a professional open, close, and graphic elements package (including interstitials), following the creative direction of C &CR staff. Editing of the aforementioned elements (including the news segment produced by C &CR staff) in to the final product based on the format provided by C &CR staff. Final product will be delivered in the following formats: one (1) DVC Pro copy and three (3) VHS copies. The show will be produced around the following Bi- weekly schedule: Monday New show delivered to C &CR by 1 p.m. Thursday News segment delivered to proposer by 1 p.m. Friday Topics for next week's segments delivered to Proposer by 10 a.m. RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 4 16E6 GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS PROPOSAL SUBMISSION: The proposal shall be deemed an offer to provide services to Collier County. In submitting a proposal, the proposer declares that he understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The proposer agrees that if the contract is awarded to him, he will perform the work in accordance with the provisions, terms and conditions of the contract. The proposer shall submit the original properly signed in blue ink and clearly marked "Original ", and five (5) copies of the proposal to the Purchasing Director in a sealed envelope on which shall be shown the proposal due date, and the name of the proposal, and number assigned to the proposal. By submitting a proposal, the proposer declares that he understands and agrees that this proposal, specifications, provisions, terms and conditions of same, shall become a valid contract between Collier County and the undersigned upon notice of award of contract in writing and /or issuance of a purchase order by Collier County. Proposals received after the published deadline shall not be accepted and will be returned unopened. However, the Purchasing /General Services Director (or his designee) shall reserve the right to accept proposals received after the posted deadline under the following conditions: a) The tardy submission of the proposal appears inadvertent and; b.) The acceptance of said proposals does not afford any competing firm an unfair advantage in the selection process. PRINCIPALS /COLLUSION: By submission of this Proposal, the undersigned, as proposer, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. PROPOSAL WITHDRAWAL: No Proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the County prior to the time set for the opening of Proposals, or unless the County fails to accept it within sixty (60) days after the date fixed for opening. PROPOSER'S CERTIFICATION. Submission of a signed Proposal is proposer's certification that the proposer will accept any awards made to him as a result of said submission of the terms contained therein. VARIANCES: Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. EXCEPTIONS TO INSTRUCTIONS OR CONDITIONS: Proposers taking exception to any part or section of these instructions or conditions shall indicate such exceptions on their Proposal. Failure to indicate any exceptions shall be interpreted as the proposer's intent to fully comply with the specifications as written. RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 5 16E6 LAWS AND REGULATIONS: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. INSURANCE COSTS: Since these conditions include Insurance Requirements, it should be noted by the proposer that, in order to meet the County's requirements, there may be additional insurance costs to the proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the proposer's agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the proposer. The Consultant's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Consultant's limit of, or lack of, sufficient insurance protection. TAXES: Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 21 -07- 019995 -53C. RELATION OF COUNTY. It is the intent of the parties hereto that the successful proposer shall be legally considered as an independent contractor, and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said successful proposer, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. TERMS: All terms, conditions, and provisions of the contract must be strictly observed in addition to the general conditions herein described. INVOICES: Payments will be made for articles furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within a reasonable time thereafter. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. EXPENSES INCURRED IN PREPARING PROPOSAL: The County accepts no responsibility for any expenses incurred in the Proposal, preparation, or presentation; such expenses to be borne exclusively by the proposer. DEFAULT. Failure or refusal of a proposer to execute a contract upon award, or withdrawal of a Proposal before such award is made, shall be grounds for removal of the firm's name from the County's vendor file. TERM CONTRACTS: If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this successful proposer on thirty (30) days prior written notice. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this 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. RFP No. 03- 3555 "Bi- Weekly 30- Minute News Magazine TV Show" Page 6 EA LIABILITY Successful proposer will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of Nature and similar occurrences making performance impossible or illegal. QUALIFICATION OF PROPOSERS: Before the award of any contract, each proposer may be required to show (to the complete satisfaction of the County Administrator, or his designee), that he has the necessary facilities, ability, and financial resources, to furnish the service as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the County Administrator, or his designee, to satisfy himself as to the qualifications. Failure to qualify according to the foregoing requirements will justify the County in rejecting a Proposal. LICENSES. The proposer, at time of proposal submittal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the proposal indicating that the entity proposing as well as the team assigned to the County account is properly licensed to perform the activities or work included in the contract documents. The vendor shall be licensed to operate within Collier County. ASSIGNMENT. • The successful proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the County. AWARD CHALLENGE: All costs accruing from a Proposal or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. LOBBYING: All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. PROPOSAL FORM: Each proposer must submit the Proposal Form included in this Request for Proposal. SINGLE PROPOSAL: Only one proposal from a legal entity as primary will be considered. A legal entity who submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a subconsultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary, or as part of a partnership or joint venture as a primary, that legal entity may act as a subconsultant to any other firm or firms submitting under the same RFP. If it is found that a proposer is in violation of this section, all proposals in which such a proposer is listed will be rejected. RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 7 16E6 SIGNATURE OF PROPOSER: The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by -laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. INTERPRETATION OF PROPOSAL DOCUMENTS AND INVESTIGATION OF PROJECT Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal Document is doubtful, obscure or contains errors or omissions, he should report such opinion or opinions to the Purchasing Director. Neither the County Manager nor his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by Collier County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re- advertise using the same or revised documentation, at its sole discretion. PROTECTION OF RIGHTS OF COUNTY. The County reserves the right to include in any contract document such terms and conditions as it deems necessary for the proper protection of the rights of Collier County. PROTEST PROCEDURES: Any actual or prospective respondent to an Invitation to Bid or Request for Proposal who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the opening of the Bid or the due date for acceptance of Proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" of the formal protest. A copy of the "Protest Policy" Director. Page 8 16E6 is available at the office of the Purchasing PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. CONFLICT OF INTEREST: Proposer shall provide a list of any businesses and /or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000 -58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. EXPERIENCE AND REFERENCES: Contractor shall provide with their bid a list of five (5) references, including contact person, telephone number and e-mail address. ADDITIONAL INFORMATION: Other than minor procedural matters, questions regarding this proposal must be in writing and submitted to: Ms. Deborah Wight County Manager's Office 3301 East Tamiami Trail Naples, FL 34112 Tel: 239 - 774 -8383 Fax: 239 - 793 -3795 email: deborahwight@collierclov.ne t Written questions must be received no later than ten (10) Collier County work days prior to Proposal acceptance date. Should any questions or responses require revisions to the Request for Proposal as originally published, such revisions will be by formal amendment only. 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. TERMS OF CONTRACT This contract will commence on the date of award by the Board of County Commissioners, and be in effect for one (1) year. RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 9 16E6 CONTRACT RENEWAL: The County retains the right to renew this contract, with the consent of the vendor, under the same terms and conditions for three (3) additional years in one (1) year increments. CONTRACTUAL CONDITIONS: Collier County has developed a standard contract approved by the Board of County Commissioners (BCC) for this type of service. All respondents to this RFP will be required, if selected to perform the work, to execute the contract within forty -five (45) days of Notice of Selection for Award. This document is available for inspection at the Purchasing Office and a review is encouraged prior to submitting a proposal. PROPOSER'S QUALIFICATIONS All proposers must be primarily engaged in providing the services as outlined in the Scope of Services. All proposers must have a demonstrated comprehensive understanding in areas listed in this proposal. Understanding and previous experience is a very essential criterion in the qualifying process. The County reserves the right to check all references furnished and consider the responses received in evaluating the proposals. The proposer's personnel and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. REQUIRED SUBMITTALS Qualified firms interested in providing the services described are invited to submit a complete Proposal for consideration. The proposal shall address the items listed below. Failure to provide all requested items may be sufficient cause for non - acceptance of the Proposal. The proposer may provide information in addition to the information requested; however, the additional information shall be placed at the end of the proposer's submittal in a section separated from the remainder of the proposal. The following guidelines will be used for the evaluations. 1. Project Approach and Understanding (Maximum 10 Points) — Rating will be based on an assessment of the proposer's knowledge and understanding of the nature of the work. Provide a narrative of the proposer's understanding of the overall intent of this RFP as well as the methods used to provide these services in general. Identify any issues or concerns of significance that may be appropriate. Proposer must submit a sample video reel for review. The typical rating for this item is 5 points. Additional points will be given up to the maximum allotted for this item for a superior understanding of the overall purpose of, and the County's need for, these types of Services. RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 10 16E6 2. Expertise of Designated Staff (Maximum 20 Points) - Provide a narrative describing the role of and introducing each key individual who will perform work for the County. For each individual listed, identify their company affiliation and office location, and provide a resume. Resumes of proposed personnel, as provided, and information presented in this section will be evaluated for ranking the proposer under this item. Identify the location of the firm's staff and indicate how they will ensure responsiveness to the County upcoming service requirements. The typical rating for a proposer with personnel dedicated to the specific type of work proposed will receive a rating of 10 points. Additional points will be given up to the maximum allotted for this item for previous work connecting to, or directly related to, the proposed services and unparalleled experience and expertise of key personnel on the proposed team. 3. Previous Performance on Similar Jobs (Maximum 25 Points) - Proposer shall provide any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this Request for Proposal. Related experience shall be restricted to those assignments undertaken with the last five (5) years. The firm shall have a minimum of five (5) years acceptable experience with contracts of similar size and scope. The proposer shall describe experience on these contracts, including scope, tasks performed, and related information, and furnish at least five (5) project references with contact names, titles, telephone numbers, email and mailing addresses. If available, the proposer shall furnish the names of any public entities within the State of Florida with whom the consultant has acceptably contracted for work within the past five (5) years. The proposer shall include contact names and titles, name of agencies, telephone numbers, email and mailing addresses. The typical rating for a firm with significant experience and satisfactory performance on related contracts is 15 points. Additional points will be given up to the maximum allotted for this item for substantial experience on the same type of contracts and outstanding performance on previous contracts. Little or no experience on these types of contracts will receive fewer points. 4. Office Location and Responsiveness (Maximum 10 Points) - Rating will be based on ease of contract administration and responsiveness both during the project and after the project is completed. The proposer with all key personnel located in Collier County will receive 5 points. Proposers with principal offices and /or key personnel in other areas will receive fewer points. 5. Scheduling (Maximum 15 points) Rating will be based on the proposer's approach to providing a Bi- Weekly 30- Minute News Magazine TV Show to the County in a timely and cost - effective manner. Documentation of previous performance on other contracts will be a key factor in evaluation. The typical rating for this item is 10 points. Additional points will be given up to the maximum allotted for this item for proposer's extraordinary ability to allocate necessary resources, the 16E6 RFP No. 03 -3555 Bi- Weekly 30- Minute News Magazine TV Show" Page 11 priority that Collier County work will receive, and a superior approach to scheduling. Information from previous projects may be submitted. Reference checks on previous projects may be reviewed, with points added for completing work on time, and points deleted for failure to complete work on time. 6. Cost Proposal (Maximum 20 points) Rating will be based on the cost proposal as provided by the proposer for referenced required services. For the purposes of evaluation, the following formula will be used: number of hours to produce show, times hourly rate of studio to equal total dollar per show, times twenty -two (22) shows. Total Hours to Produce Show = x $ Hourly Rate for Studio = $ Total of cost per show. Total Cost per Show $ x 22 Shows = $ TOTAL MAXIMUM AVAILABLE POINTS 100 Required Supplemental Information 1. Provide a statement of litigation that firm or staff of firm is currently involved in, or have been involved in over the past five (5) years, stating points of contention and results, if available. (page 13 ) 2. Proposer's Qualification Form (pages 13 -14) 3. Insurance Requirements Certification (page 16) 4. Proposer's Checklist (page 17) 5. Proposer Declaration Statement (page 18) 7. Conflict of Interest Statement as follows: 1. Proposer shall provide a list of any businesses and /or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Firms must also provide full disclosure of information on any work performed for private interests within the past (2) years, especially work that is not yet completed, which could pose a conflict of interest under this contract. 2. Firm 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. Firm further represents that no persons having any such interest shall be employed to perform those services. By signing below in the space provided, a principal of the firm certifies that the firm will comply fully with item 2 if awarded a contract by the County. Signature and Title of Principal Date 19 RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 12 16E6 EVALUATION AND SELECTION PROCEDURE Collier County procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Receipt of Proposals. 4. Subsequent to the closing of proposals, the Purchasing Agent and /or Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 5. Prior to the first meeting of the selection committee, Purchasing will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 6. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria listed below. 7. The Purchasing Agent will compile individual rankings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top- ranked firm(s). Once the final ranking has been compiled, the Selection Committee will choose the short listed firms based on consensus and not necessarily by the final ranking order of the firms. The final recommendation will be decided based on review of scores and rankings, discussion, and consensus of the committee. 8. Subsequent to a consensus decision, a contract shall be negotiated with the top- ranked firm(s). Award of the contract is dependent upon the successful and full execution of a mutually- agreed contract. 9. Upon the successful completion of negotiations, a contract will be presented to the Board of County Commissioners for approval. Contractual Conditions Collier County has developed standard contracts that have been approved by the County Attorney and the Board of County Commissioners (BCC) for all projects. All respondents to this RFP will be required, if selected to perform the work, to execute the standard contract within forty -five (45) days of Notice of Selection for Award. This document is available for inspection at the Purchasing Office and a review is encouraged prior to submitting a proposal. RFP No. 03- 3555 "Bi- Weekly 30- Minute News Magazine TV Show" PROPOSERS QUALIFICATION FORM FIRM NAME: Address: City: Telephone: FAX Numb.: ( ) TYPE OF FIRM: Corporation/Years in Business: If corporation, list incorporation state: Partnership/Years in Business: Sole Proprietorship/Years in Business: State ZIP LIST MAJOR WORK PRESENTLY UNDER CONTRACT: Page 13 16E6 Owner name Contract Name Location Contract Amount 2. it LIST CURRENT CONTRACTS ON WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: Have you, at any time, failed to complete a project? ❑ Yes ❑ No (If the answer is yes, submit details on separate sheet. STATEMENT OF LITIGATION Are there any judgments, claims or suits pending or outstanding by or against you? [_] Yes [_] No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" REFERENCES: Bank(s) Maintaining Account(s): Page 14 I�E6 "" Pursuant to information for prospective bidders /proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 15 16E6 Collier County Florida Insurance Requirements RFP #03 -3555 INSURANCE TYPE REQUIRED LIMITS X 1. Workers' Compensation X 2. Commercial General Liability (Occurrence Form) Patterned after the Current ISO Occurrence Form Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Bodily Injury & Property Damage $1,000,000 Single Limit Per Occurrence X 3. Indemnification: The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and al losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its subconsultants, agents or employees, arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. This section does not pertain to any incident arising from the sole negligence of Collier County. X 4. Automobile Liability Owned /Non- owned /H i red Automobile Included 5. Other Insurance as indicated below: $500,000 Each Occurrence a) Professional Liability $ Per Occurrence The Consultant shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims arising from the negligent acts, errors, or omissions of consultant by third parties. RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 16 16E6 Collier County Florida Insurance Requirements (Continued) X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. X 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. X 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder" should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 X 9. Thirty (30) Days Cancellation Notice is required. X 10. The Certificate must state the RFP Number and Title. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Proposer Signature of Proposer Insurance Agency Signature of Proposer's Agent RFP No. 03 -3555 "Bi- Weekly 30- Minute News Magazine TV Show" Page 17 1606 THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department PROPOSERS CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your bid proposal. Proposer should check off each of the following items as the necessary action is completed: 1. The RFP has been signed. 2. The RFP 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. 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. s. Any addenda have been signed and included. s. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 io. The mailing envelope must be sealed and marked with: • RFP Number; • RFP Title; • Opening Date 11. The RFP will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise RFP cannot be considered.) ALL COURIER DELIVERED BIDS /RFPS MUST HAVE THE BID /RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" CONTRACT PROPOSAL DECLARATION PAGE FROM: Page 18 16E6 DATE DUE: August 22, 2003 C 3:00 PM Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: RFP NO. 03 -3555 "Bi- Weekly 30- Minute News Magazine TV Show" Dear Commissioners: The undersigned, as Proposer hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done. The Proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that the Proposal is made without connection with any other person, company or companies making a Proposal; and it is in all respects fail and in good faith, without collusion or fraud. The services to be furnished by us shall be performed in accordance with the requirements of the Request for Proposal #03 -3555 as issued by Collier County on July 24, 2003. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of this contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day 2003 in the County of , in the State of Firm's Complete Legal Name Check one of the following: ❑ Sole Proprietorship ❑ Corporation or P.A. State of: ❑ Limited Partnership ❑ General Partnership Phone No. _ FAX No. _ Address City, State, Zip BY: Typed and Written Signature Title RFP No. 03 -3555 `Bi- Weekly 30- Minute News Magazine TV Show" Page 19 16E6 NON- PROPOSER'S RESPONSE For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP, we are interested in ascertaining reasons for prospective proposer's failure to respond to this RFP. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Barbara Hecker, Purchasing Technician, Collier County Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this RFP for the following reason(s): ❑ Services or materials requested not manufactured by us or not available to our company; ❑ Our services or materials do not meet specifications; ❑ Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, or ❑ Insufficient time allowed for preparation of RFP; ❑ Incorrect address used. Please correct: Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( ) in FAX ( ) Signature of Representative 08;20/2003 WED 13:49 FAI 239 262 8365 LUTGERT SMITH LESHER � 0 • 4C RD CERTIFICATE OF LIABILITY INSURANCF�C$R � DATEWwomPIY) LS -1 08/20/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Smith Lecher Yn.suralscs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 671 Goodlette Rd., Suite 130 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i?est Office Drawer 1.587 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Drnples FL 34106 Phane:239 -262 -7171 Fax:239- 262 -:360 INSURERS AFFORDING COVERAGE IN-WnR A; The Hartford INSURER B: Th9 Naples 3tud:Cl IN�URERC: - -- — Color Conmunicatiors, Irc. 5405 Taylor Rd #i10 j INSURER D: -- -- waples FL 34109 — — I COVERAGES v THE POL;ClaS OF'NS'JRANCEIJ$TEO AELC'N HAVE BEEN ISSUED TO YV49 INGU RED LAMED ABOVE FOP. THE PO'_ICY PERIOD INOICATEO. NOT`MTHj7ANDING ANY REQUIREMENT TER.A OR CONDITION OF ANY CCAITP.ACT Ok C'FRER OCCJMENT W i1 H RESPECT TD WHICH THIS CERTIFICATE MAY 8E ;S.1'UaD OR MA'e PERTAIM, THE INSURANCE AFFO,7CEO BV THE ^OLICIC,°. = E=RIOEA HEnEIN IS SUd_IFCT TO ALL THE TERMS. EYCLUBIONS AND CONOfrioNs OF SUCH POLICIE.9. AGGREGATE UM1TS SHOWN MAY HAVE SEEN REO!iCED BY P.AIiJ CIAIM:. r f ( LPE OF LNSURA.`ICE POLICY NUMSliR L" FDTJCY XPIRA1TON f I uA E kSM'0 DATE (MNFDDIYY LIhtlT3 _ GENERAL LfAP.ILI TY I i FACI,(OCCURRENCE 1 9 1, 000, D00 A X CO)AtiIERGIALCENER4LLhkDILITI• 2191I_X .L6913DV � I 0; s iAa y S 300,040 0-MM3 MADE DC "JR I I MED EAP (Any one penes) 5 10 , 000 PEFix?N.AL b ADV NJUR•r I S _ GFN1 AU GREGAT-c LMT APPLIES PEit _'000'000 GENERAL AGeMGATE Ts 2, 000,000 FR(7 O JCTS - COt:1PlOP AG6 S2,000,000 POLICY 7 JECT LCC j , — AUTOM03tLE UA&ILrrY I COM611it0 bINGLE UAIIr i If�I1 ANY AL170 IEa icd0mr0 I I J ALL OW14EDAL-MS i BOH EGULEO AUTOS I BODILY IN,U;ZY s (Par person) HIPADAUTOE I I !! BODILY IN:URY I NON•04VNED AUTOS I (Pgr a:deenl) S I I � I I It'cracddanq I GARAGE LIABILITY i (LU7D ONLY - EA ACCIDENT ANY AUTO I _ I OTHER - AUTO ONLYi AGG EXCESS L.iABILR'1' I EACH CCCURRENCC I S i S J OCCUR CLAItuB!'4pL15 I I AGGREGATE D EDUCTIBLE —i �- S RETENtIO.N S I I s WORKERS COMPEN.3A7ION AND I 1 TORY LIMIT$1 I 1 EMPLOYERS' LJAB7LITY EA -- I I i E.L. EACH AGCIDEN7 IiI I °_L DISEASE • E-, EMPLO = s I _ I OTHER I I F.L. DISEASE -POL ICY UNIT S — ----- i 1 i I DESCRIPTION OF OPERATIDNS&OCA710NSNE)4ICLE'S/EXCLUSICHS ADOED 9Y ENDORSEMENTISPECIAL PROYISIONS Recording Studio Refl luvr#03 -3555 rax'dr514 -2220 COLL -14 SHOULD ANY OF THE ABOVE DESCRJME) POLICIES BE CANCELLED BEFORE THE EXPIPJITION DATE THEREOF, THE ISSUING INSURER M" ENDEAVOR TD W.JL -2-2_ DAYS WPJITEN NO -1— " TIE CERTIFICATi HOLDER NAM20 TO ThE LEFT, BUT FAILURE TO DO 303MALL Collier County Hoard of ;MPOSE .NO 08UGArim OR LLADIL;TY OF:u lY KIND UPON THE j10 T Ar k OR Commiseicr.oars 3301 East Tami=i Trail RVFRE3ENTATNES, Xaples FL 34112 AUTHOF�jj R£P EScNTATIVE V 25•S (7187) K ff p U'o CORPORATION 196E BLANKET PROTECTOR BUSINESS AUTO COVERAGE FORM - DECLARATIONS ISSUED BY: NATIONWIDE MUTUAL INSURANCE COMPANY ITEM ONE Policy Number: NEW BUSINESS 77 BA 727 - 249 -3001 Named Insured PAMELA K HUGHES Mailing Address DBA THE NAPLES STUDIO 5405 TAYLOR RD STE 10 NAPLES FL 34109 POLICY PERIOD: From AUGUST 20, 2003 to AUGUST 20, 2004 at 12:01 A.M. Standard Time at your mailing address. FORM OF BUSINESS: SOLE PROPRIETORSHIP DESCRIPTION OF BUSINESS: PHOTOGRAPHY IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THEJERMS OF THIS POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. In the event of cancellation by you, we shall receive and retain not less than $100 as the minimum premium. POLICYHOLDER MESSAGES Coverages selected for your Business Auto Policy are displayed on Page 2 of the Declarations. P.O. BOX 147080 Date of Issue: f19 -16 -03 Issuing Office: GAINESVILLE, EL 32814 Countersignature Date: Agency At: NAPLES FL 34109 Agent: GREGORY D THOMAS CIC 0011509 -09 Auto 9040 (3 -02) Includes Copyrighted Material of ISO Properties, Inc., 2000 Page 1 of 4 ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS 16E6 This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to thosf "autos" shown as covered "autos." "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. Page 2 of 4 Includes Copyrighted Material of ISO Properties, Inc., 2000 Auto 9040 (3 -02 f.OVERED ALI S (Entry o one or more o [he symbols LIMIT COVERAGES from the COVERED AUTOS Section of the THE MOST WE WILL PAY FOR ANY ONE PREMIUM Business Auto Coverage Form shows ACCIDENT OR LOSS which autos are covered autos $ 500,000 LIABILITY 7,8,9 $ 780 SEPARATELY STATED IN EACH PIP ENDORSE - PERSONAL INJURY PROTECTION MENT MINUS THE Deductible AS SHOWN ON (or equivalent No -Fault coverage) 5 THE AUTO SCHEDULE , $ 67 ADDED PERSONAL INJURY PROTECTION (or equivalent added SEPARATELY STATED IN EACH ADDED PIP No -Fault coverage) ENDORSEMENT $ SEPARATELY STATED IN THE P.P.I. ENDORSE - PROPERTY PROTECTION MENT MINUS THE Deductible (AS SHOWN ON INSURANCE (Michigan only) THE AUTO SCHEDULE) FOR EACH ACCIDENT $ SEE ITEM THREE SCHEDULE OF COVERED AUTO MEDICAL PAYMENTS 7 AUTOS YOU OWN $ 8 SEPARATELY STATED IN EACH UNINSURED UNINSURED MOTORISTS 7 MOTORISTS ENDORSEMENT $ 158 UNDERINSURED MOTORISTS (When not included in Uninsured Motorists Coverage) NOT SEPARATELY STATED IN EACH UNDER - APPLICABLE IN NEW YORK INSURED MOTORISTS ENDORSEMENT $ ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS MINUS THE Deductible (AS SHOWN ON THE AUTO SCHEDULE) FOR EACH COVERED AUTO. BUT NO DEDUCTIBLE PHYSICAL DAMAGE APPLIES TO LOSS CAUSED BY FIRE OR LIGHT - NING. See ITEM FOUR (of the Supplemental COMPREHENSIVE COVERAGE Declarations) For Hired Or Borrowed Autos. $ CACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS MINUS $ 0 Deductible FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. See ITEM FOUR PHYSICAL DAMAGE SPECIFIED f the Supplemental Declarations) For Hired Or CAUSES OF LOSS COVERAGE "Autos." $ ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS LESS MINUS THE Deductible (AS SHOWN ON THE AUTO SCHEDULE) FOR EACH COVERED AUTO. See ITEM FOUR (of the PHYSICAL DAMAGE COLLISION Supplemental Declarations) For Hired Or COVERAGE Borrowed "Auto." $ PHYSICAL DAMAGE TOWING AND $ For Each Disablement Of A Private LABOR (Not Available in California) Passenger Auto $ PREMIUM FOR ENDORSEMENTS $ SURCHARGES, TAXES, ETC. $ ESTIMATED TOTAL PREMIUM $ 1013.00 Page 2 of 4 Includes Copyrighted Material of ISO Properties, Inc., 2000 Auto 9040 (3 -02 FORMS APPLICABLE TO BUSINESS AUTO COVERAGE FORM: AUTO 9041 IL 00 17 1198 CA 23 56 1102 IL 09 85 0103 CA 02 67 1094 AUTO 9034 1094 CA 00 01 1001 CA 99 03 0797 IL 00 03 0498 CAS 3687 A 0194 CA 99 17 1001 CA 21 72 0401 ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN (See Auto 9041) ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS 16E6 IL 00 21 0498 CA 01 28 0203 CAS 4487 0693 CA 22 10 1002 STATE ESTIMATED COST OF HIRE RATE PER EACH $100 PREMIUM FOR EACH STATE COST OF HIRE FLORIDA $ IF ANY $ 97 Cost of hire means the total amount you incur for the hire of autos you don't own (not including autos you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Named Insured's Business Rating Basis Number Premium Other than a Number of Employees 1 $ 89 Social Service Agency Number of Partners $ Number of Employees $ Social Service Agency Number of Volunteers $ TOTAL $ 186 Auto 9040 (3 -02) Includes Copyrighted Material of ISO Properties, Inc., 2000 Page 3 of POLICYHOLDER MEMBERSHIP IN THE COMPANY (Applicable Only In the Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company in All States Except Those Specifically Provided For) Because this policy is issued by a mutual Insurance company, you area member of the company while this or any other policy Is In force. While a member you are entitled to one vote only - either in person or by proxy - at meetings of the company. You are entitled to any dividends which are declared by the Board of Directors and are applicable to coverages In your policy. The annual meeting of members of the company Issuing your policy (the company is indicated on the Declarations page) will be held at the Nationwide Plaza in Columbus, Ohio, on the first Thursday of I�E6 April. The time of the meeting for the Nationwide Mutual Fire Insurance Company Is 9:30 A.M. and the time of the meeting for the Nationwide Mutual Insurance Company is 10:00 A.M. We will mail notice of any change in meeting dates, time or place to you at your address last known to us at least ten days prior to the rescheduled meeting date. This policy Is non - assessable, meaning that you are not subject to any assessment beyond the premiums we require for each policy term. IN WITNESS WHEREOF: Nationwide Mutual Insurance Company, Nationwide Mutual Fire Insurance Company or Nationwide Property and Casualty Insurance Company, whichever is the Issuing company as designated on the Declarations, has caused this policy to be signed by its President and Secretary at Columbus, Ohio, and countersigned by a duly authorized representative of the company. ATTEST: Secretary President Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company Nationwide.Property and Casualty Insurance Company Home Office: Columbus, Ohio 43215 -2220 Page 4 of 4 Includes Copyrighted Material of ISO, Properties, Inc. 2000 Auto 9040 (3 -02) COMMERCIAL INSURANCE BINDER ACCOUNT NUMBER: 77 727249 This Binder Is A Temporary Insurance Contract Subject To The Conditions Shown Below. NAME AND ADDRESS: EFFECTIVE PAMELA K HUGHES DATE TIME 5405 TAYLOR RD NAPLES, FL 34109 08/20/2003 12:01 A.M DBA: THE NAPLES STUDIO BUSINESS AUTO COVERAGE COVERED AUTO SYMBOL SINGLE LIMIT LIABILITY 789 MEDICAL PAYMENTS /FIRST PARTY BENEFITS 7 UNINSURED MOTORISTS 7 BASIC PERSONAL INJURY PROTECTION 5 HIRED AUTO /NON -OWNED AUTO COVERAGE HIRED AUTO COST OF HIRE = IF ANY + NON -OWNED AUTO # OF EMPLOYEES = 1 LAHIKAI1UN DATE 10/19/2003 TIME 12:01 A.M. EXPIRATION DATE NOT TO EXCEED 60 DAYS FROM THE EFFECTIVE DATE. LIMIT /DEDUCTIBLE X500000 2000 500000 BASIC LIMITS 00500000 00500000 CONDITIONS The Nationwide Grouo of Companies bind the kind(s) of insurance stipulated above. This insurance is subject to the terms, conditions, limitations, and exclusions of the policy(ies) in current use by the Companies. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Companies stating when cancellation will be effective. This binder may be cancelled by the companies by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replace a policy e Companies are entitled to charge a premium for the binder according to the rules and rates in e by e Companies SIGNATURE 0 APPLICANT ATE' SIGNATURE OF AUTHORIZED NATIONWIDE DATE REPRESENTATIVE Your policies will be issued by ore or more of the Nationwide Group of Companies. nationwide has been insuring individuals. families. and businesses since 1926. The A.M. Best Company, independent insurance analysts, has awarded a high recommendation to the Nationwide Group of Companies for financial soundness and the ability to meet obligations to policyholders. 11107!2003 12:39 FAX 239261 3481 GL'I_FSHORF TtiSLTI2ANt t INC. � t C07. C rl�,,..4tt• g1:Ril TAV \/l r_ ACORDT„ CERTIFICATE OF ..� LIABILITY INSURANCE `' D -( "YY"' i 11/0712003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE j 4104 Csoodiette Road N, #10Q HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR j ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 i 231261,31,46 INSURERS AFFOROtNG COVERAGE NAIC # INSURED 06/28 /03 106128104 I j _ INSURER A: Zurich Insurance Group EACH OCCURRENCE 1$110001000 Taylor Village Owners Association . DA4fPGE_TO RENTED P MUSES r oc .rent INSURER B: MED EXP (Any one person) clo Laura Ciszewski 5401 Taylor Road # 3 PERSONAL 8 ADV INJURY - - — -' INSURER C: INSURER D: INSURER -- - -- - - -- i Naples, FL 34109 - E: — r•nv COA r!Ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE =OR THE POLICY PERIOD INDICATED. NOTP'ITHSTANDING ANY REQUIREMENT, TERIO OR CONDITION OF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL'CIES DESCRIBED HEREIN IS SLBJECT TO ALL THE TERMS, EXCLUSION-S AND CC�JD171ON-- OF SUCH POLICIES. AGGREGATE LIVI TS SHCWN MAY HAVE BEEN REDUCED BY DAIC CLAIMS, iv , LTR IN SR TYPE OF INSURANCE -- POLICY NUWBER POLICY EFFEC7!VE DA'E M ! DIYYI POLIO EXPIRATiOIVr AT Mtn ©/Yl��— —� LIMITS A i GENERAL LABILITY X COMIMERCIAL GENERAL LIABILITY CLAIMS MADE EXI OCOIJR PAS36703388 j 06/28 /03 106128104 I j EACH OCCURRENCE 1$110001000 . DA4fPGE_TO RENTED P MUSES r oc .rent $1,000,000 MED EXP (Any one person) S10 QQO PERSONAL 8 ADV INJURY - - — S1 000 000 — — L - -i- -- GENERAL AGGREGATE S2 )00 000 GEN'L AGGREGATE LIMIT AP-LIES PER: POLICY jE'T PRODUCTS - COMPIOP AGC s21000,000 ,L0C '.. AUTOMOBRE LIABILITY ANYAUTO ! i COMBINED SINGLE LIMIT (EeacciC2ni) I $ BODILY INJURY (Per patron) I $ 1 ALL OWNED AUTOS SCHEDULED AUTOS i BODILY INJURY�- (Pe ^accident) $ + HIRED ALTOS NONLOVVNEDAUTOS I PROPERTY DAMAGE (Pe-accidenq I GARAGE LIABILITY r,UTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTOONLY: _ AGG $ ANY AUTO S - EXCESSIUM13RELLALIABILITY EACH OCCURRENCE S OCCUR 0 CLAIMS MADE AGGREGATE I $ DEDUCTIBLE S I 1 RETENTION S _ 1 WORKERS COMPENSATION AND _ �( WC STATU- OTH'Y TORY LIMITS EP, j$ — --� EMPLOYERS' LIABi LITY r E.L. EACH ACCIDENT Is ANY PROPRIET0R1PARTNER1EXECUTIV= � OFFICER/MEMBER EXCLUDED? F..L. DISEASE - EA EMPLOYE $ Ityes, descdba under SPECIAL PROVISIONS beVOw _ I E.L. DISEASE- POLICY LIMI I S A _ _ _ C Hazard PAS36703388 06128/03 06/28/04 $193,000 Building $1,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCAriONS 1 VEHICLE5 1 EXCLUSIONS ADDED BY ENDCRSEMENT i SPECIAL PROVISIONS Certificate Holder is Named as Mortgagee In regards to: Pam Hughes, Color Connection 5405 "Taylor Road, Units 10 & 11, Naples, 34109 Reference # 0335 Loan # 601863 First National Bank of Florida PO Box 413043 Naples, FL 34101 -3043 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ' DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN NOT'ICe TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY&ND LPON THE INSURER, ITS AGei�TS GR AUTHORIZED ACORD 25 (2001108) 1 Of 2 #S2316981M228229 JFA 0 ACOIRD CORPORATION 1988 - 16t26 003 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW NON - CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law. EFFECTIVE 11/13/2003 EXPIRATION DATE N/A PERSON HUGHES PAM SSN 315 -50 -1585 FEIN 592451510 BUSINESS COLOR COMMUNICATIONS INC 5405 TAYLOR RD STE 10 NAPLES FL 33940 NOTE: Pursuant to Chapter 440 . 10(1) , (g) , 2 , F. S. , a sole proprietor , partner , or an officer of a corporation who elects exemption from the Florida Workers' Compensation Law may not recover benefits or compensation under Chapter 440 . PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION F NON - CONSTRUCTION INDUSTRY L CERTIFICATE OF EXEMPTION FROM FLORIDA D WORKERS' COMPENSATION LAW NOTE: Pursuant to chapter 440.10(1),(gl,2, F.S., EFFECTIVE: 1111312003 a sole proprietor, partner, or officer of an corporation EXPIRATION: NIA E who elects exemption from the Florida Workers' Compensation PERSON: HUGHES PAM R law may not recover benefits or compensation under Chapter 440, SSN: 315 -50 -1585 E FEIN: 591451510 BUSINESS: COLOR COMMUNICATIONS INC 5405 TAYLOR RD STE 10 NAPLES FL 33940 CUT HERE * Carry bottom portion on the job, keep upper portion for your records. 16E7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 1�F1 MEMORANDUM Date: November 20, 2003 To: James von Rinteln Emergency Management From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Contract #04HM- *9- 09 -21 -15 -001 CFDA #83.548 Enclosed please find four (4) original documents as referenced above, approved by the Board of County Commissioners on November 18,2003 (Agenda Item # 16F1)Please forward for signatures and return a fully executed original back to the Minutes and Records Department. If you should have any questions, please call me at 774 -8411. Thank you. Enclosures Contrpct Number: 04HM- *9- 09 -21 -15 -001 CFDA Number: 83.548 16FI FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department'), and Collier County, (hereinafter referred to as the "Recipient ") THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end February 28, 2005, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS 16F1 (a) Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (b) The Department Contract Manager (DCM) will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subgrantee Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the subgrantee must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform. Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13 (c)); A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and The Subgrantee must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. 2 16F1 (c) All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs ", and mailed directly to thie Department at the following address: 1I Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater. , (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 3 16F1 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition.' 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close -out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close -out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further INI payments until they are completed or may take such other action as set forth in paragraph (9).1b F1 Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Agceptable to the Department' means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department.' (f) The Recipient shall provide additional reports and information as identified in Attachment F. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. 5 (8) LIABILITY. 16F1 (a) Unless Recipient is a State agency or subdivision, the Recipient shall be 'solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ( "Events of Default'), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; C^ . 6 F11r 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4: If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or'in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in paragraph (10) herein; this Agreement; 2. Commence an appropriate legal or equitable action to enforce performance of 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 7 law; 16=1 5. Exercise any other rights or remedies which may be otherwise available under (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and, regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative,hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922 -5944 Fax: (850) 922 -1259 N 16F1- (c) The name and address of the Representative of the Recipient,responsible for the administration of this Agreement is: Mr. Jim Von Rinteln, Coordinator - Emergency Management Collier County 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239 - 774 -8333 Fax:239- 775 -5008 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (1 q)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 16F1 (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipieot agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; IIEG 16F1 are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (h) The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in , accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. 11 Recipient will provide and maintain competent and adequate engineering supervision at le 6F1 construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to the Department as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record' in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: the property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. no new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or 3. a structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; 4. after the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5. if any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. 12 (12) AUDIT REQUIREMENTS. .. 16 F1 (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and' expenditure of funds under this Agreement. %I (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be, construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or,financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the 13 i audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from R ipi,er F resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf pf the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: 11 Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 ilk (g) Any reports, management letter, or other information required to be submitted tth6" Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, ' Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. Q) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. (1) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. 15 (13) SUBCONTRACTS. Flt (a) If the Recipient subcontracts any or all of the work required under this Agreement, a ' copy of the executed subcontract must be forwarded to the Department within thirty (30) days, after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F (16) FUNDING /CONSIDERATION Funding Sources Budget and Scope of Work Program Statutes and Regulations Lobbying Prohibition /Certification Statement of Assurances Request for Advance or Reimbursement Quarterly Report Form (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $63,140.00 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance 16 payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash Management a Improvement Act of 1990. If an advance payment is requested, the budget data on which the requ i6, F 1 based and a justification statement shall be included in this Agreement on the Summary of Documentation form (E -2). This form will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. , (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 17 (g) The State of Florida will not intentionally award publicly- funded contracts to an contractor who knowingly employs unauthorized alien workers, constituting a violation of the empl b F 1 provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA" )J. 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 Recipient of the employment'provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. l:3 This certification iS_a,material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for makin1 o3 F1 entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT'RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED, BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 19 (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the a6 F1 authority to receive the funds to be provided under this Agreement and that, if applicable, its governing bode has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legail.% execute and bind Recipient to the terms of this Agreement. Attachment D. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of good and,'or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payments(s) from a state agency ma" receive assistance by contacting the Vendor Ombudsman at (850) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT ,tOARD COUNTY COMMIS&IpNERS LIER COUNTY, FLORIDA By: Toni Henning, Chairman FEID# 59- 6000558 .Attest: Dwight E. Brock, Clerk By:-%?1�J./%,5�, �e Date: 18'6-3 Deputy Ctei-k Attest it! Ae^ 04tr, -k `fir STATE OF FL0R1f6,A- .D;w'PAR TMENT OF COMMUNITY Date: Approved as to form and legal sufficienc% As istant County Attorney AFFAIRS W. Craig Fugate, Director, Division of Emergency Management 20 EXHIBIT -1 1 6F1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST, OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 83.548 Amount of Federal Funding: $63,940.00 COMPLIANCE REQUIREMENTSAPPLICABLETOTHE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable ' MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97 FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 Attachment A Budget and Scope of Work 16 F.1 1 The Recipient, Collier County will retrofit their fire stations with Dade - County approved products. The installation of Approved shutter products over fifty (50) windows and thirty seven (37) bay doors on the following Collier County Owned Structures. Fire Station #'s 20, 45, 70, 30, 90, 12, Medic 2 Helicopter Operations, and the Ochopee Fire Station #60. , The time frame for completing the project will be within twelve (12) months from the date of the fully executed agreement. This HMGP project 1393-0012 funded under FEMA 1393- DR -FL. Fundina Summa Federal Share: $61,500.00 (75)% of Project Cost) State Share: $ .00 (0)% of Project Cost) Local Share: $ 20,500.00 (25)% of Project Cost) Total Project Cost: $ 82,000.00 (100 %) Recipient Administrative Allowance up to $1,640.00. 22 Total Amount Previously Allocated $61,500 Total Amount Previously Obligated $61,500 Total Amount Total Amount Available Pending Obligation for New Obligation $0 $0 Project Amount Grantee Admin Est Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY $61,500 $997 $1,640 $64,137 08/21/2003 Accept 2003 Authorization Preparer Name: FAITH HANNAH HMO Authorization Name: BARBARA PICKENS Admin Calculation Scale Percentage: up to $100,000 = - ` 08/21/2003 FEDERAL EMERGENCY MANAGEMENT AGENCY' i HMGP -OB -02 16:55 HAZARD MITIGATION GRANTS PROGRAM Number ID Calculation Percentage Obligation Report w/ Signatures 0 30 Sliding Scale Disaster FEMA Amendment No Project No No State Action Supplemental Application ID No No State Grantee 0 �- "Ti Sliding Scale 1393 12-R 0 30 1 7 FL Statewide 0 30 Sliding Scale Subgrantee: Collier County t Project Title : Collier County Public Safety Building Retrofit 30 Sliding Scale Subgrantee FIPS Code:021 -47625 14 -R ` ,. " . ' Sliding Scale Total Amount Previously Allocated $61,500 Total Amount Previously Obligated $61,500 Total Amount Total Amount Available Pending Obligation for New Obligation $0 $0 Project Amount Grantee Admin Est Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY $61,500 $997 $1,640 $64,137 08/21/2003 Accept 2003 Authorization Preparer Name: FAITH HANNAH HMO Authorization Name: BARBARA PICKENS Admin Calculation Scale Percentage: up to $100,000 = FEMA Project Proj Amend Appl Admin Cost Calculation Number Number ID Calculation Percentage 2 -M 0 30 Sliding Scale N/A 1 -P 0 30 Sliding Scale NIA 10 -R 0 30 Sliding Scale N/A 6 -R 0 30 Sliding Scale N/A 14 -R 0 30 Sliding Scale NIA 17 -R 0 30 Sliding Scale N/A 12 -R 0 30 Sliding Scale N/A 11 -R 0 30 Sliding Scale NIA 18 -R 0 30 Sliding Scale N/A 22 -R 0 30 Sliding Scale N/A 26 -R 0 30 Sliding Scale N/A 27 -R 0 30 Sliding Scale N/A 28 -R 0 30 Sliding Scale N/A 29 -R 0 30 Sliding Scale N/A 30 -R 0 30 Sliding Scale N/A 31 -R 0 30 Sliding Scale N/A 32 -R 0 30 Sliding Scale NIA 33 -R 0 30 Sliding Scale N/A Sliding Scale Percentage: up to $100,000 = 3.00% up to $1,000,000 = 2.00% up to $5,000,000.00 = 1.00% Excess = 0.50% 22 —A Preparation Date: 08/21/2003 HMO Authorization Date: 08/21/2003 ' 08/21'003 FEDERAL EMERGENCY MANAGEMENT AGENCY 16:56 HAZARD, MITIGATION GRANTS PROGRAM Obligation Report w/ Signatures Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No . No State Grantee 1393 12 -R 0 30 1 7 FL Statewide Subgrantee: Collier County t Project Title : Collier County Public Safety Building Retrofit Subgrantee FIPS Code:021 -47625 Admin Calculation FEMA Project Proj Amend Appl AdMin Cost Calculation Number Number ID Calculation Percentage 34-R 0 30 Sliding Scale N/A Justification Cup WIA4 &CAMM k ,Z�o� Authorizing Official Signature Authorizing Official Title Authorization Date Authorizing Official Signature Sliding Scale Percentage: up to $100,000 = up to $1,000,000 = up to $5,000,000.00 = Excess 3.00% 2.00% 1.00% 0,50% Authorizing Official Title 22 —B Authorization Date HMGP -OB -02 06127/2003 FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM 8:20 AM ENVIRONMENTAL REVIEW / PROCESS REPORT HMGP -EV-01 disaster FEMA Amendment App ID State 'Grantee ' slumber Project Number Number 4� 1393 12 -R 0 30 FL Statewide >ubgrantee: Collier County t 'IPS Code: 021 -47625 Project Title : Collier County Public Safety Building Retrofit Executive Orders Review Compliance Review Complete ❑ E.O. 11988: Fioodpialns Public Notice, if applicable 001 OO / OOOO.Date of Initial Notice 00 / 00 / 0000 Date of Final Notice ❑ E.O. 11990: Wetlands Public Notice, if applicable 00 / 00 / 0000 Date of Initial Notice 00 / 00 / 0000 Date of Final Notice ❑ E.O. 12699: Seismic Resistant Construction ❑ E.O. 12898: Environmental Justice for Low Income and Minority Populations ❑ ✓ All Applicable Executive Order Compliance Reviews Completed Other Environmental Laws Review Conditions Standard Law Name Applicable Completed Required Comment Clean Water Act ❑ ❑ ❑ Coastal Barriers Resources Act ❑ ❑ ❑ Coastal Zone Management Act ❑ ❑ ❑ Endangered Species Act ❑ ❑ ❑ Farmland Protection Policy ❑ ❑ ❑ Fish and Wildlife Coordination Act ❑ ❑ ❑ National Historic Preservation Act ❑ ❑ ❑ Wild and Scenic Rivers Act ❑ ❑ ❑ 22 -C '16/2712003 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP -EV-OT ' HAZARD MITIGATION GRANT PROGRAM .1:20 AM . . ' ENVIRONMENTAL REVIEW / PROCESS REPORT isaster FEMA Amendment App ID State Grantee 16 F , 1 umber Project Number Number 1393 12 -R 0 30 FL Statewide ubgrantee: Collier County t IPS Code: 021 -47625 Project Title : Collier County Public,Safety Building Retrofit NEPA Process FEMA FEMA Initiated Completed F7 7 Statutory Exclusion Limited to funding authority under Stafford Act sections 401, 403,406 when restoring a facility substantially to its predisaster condition, 407, and 501. (See 44 CFR 10,8 (C) or Stafford Act 316) ✓ O Categorical Exclusion (CATE)) If an extraordinary circumstance exists and leads to a significant environmental impact (see 44CFR 10.8 (d) (3)), an Environ.Assesment shall be prepared 06 / 25 / 2003 (If CATER, see CATEX Type Code below) Environmental Assessment (EA) 00 / 00 / 0000 Draft EA 00 / 00 / 0000 Final EA 00 / 00 / 0000 Finding of No Significant Impact ( FONSI) if applicable 00 / 00 / 0000 Final Notice Published for FONSI or EA Environmental Impact Statement (EIS) 00 100 / 0000 Publication of Notice of Intent to Prepare EIS 00 / 00 / 0000 Initial EIS Scoping Meeting 00 / 00 / 0000 Draft EIS Available 00 / 00 / 0000 Final EIS Decision 00 / 00 / 0000 Record of Decision CATEX Tvoe Code Codes And Standards (xv) 22 —D Attachment B � 6F1 , Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are g6ne�ally'governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency'Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable . FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long -term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment D of this Agreement 23 Attachment C Lobbying Prohibition / Certification 16f1 *4 � The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was make or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. An person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIEt lLIER COUNTY, FLORIDA BOARD OMMISSIONERS By Date: Tom Henning, Chairman ATTEST: Dwigbt E.. 13rock, Clerk By: & .e Deputy Clerk Attest 9 aature Approved as to form and legal sufficiency -T Assistant County Attorney 24 Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is 25 provided or improved with the aid of Federal financial assistance extended to the 16F1 Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or'st'ructure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 -6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff /termination, rates of pay, or other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 1b1 -336, 42 U.S.C. Section 12101 et seg.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti - Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; Q) It will comply with the provisions of 18 USC 594, 598, 600 -605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002 -4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101 -19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of 26 Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a -1, et seq.), by: 16F1 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) . Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing -regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734 -37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop,,and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties ". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the'Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the 27 treatment plan, FEMA may direct Recipient to implement the treatment lai6f F I either the Council or the SHPO object, Recipient shall not proceed with VVV project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect'a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- 1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521- 45 -94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94 -163; 42 U.S.C. 6201 - 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131 -2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601 -3619, as amended, relating to non - discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642; M (v) It will comply with the Clean Water Act of 1977 „as amended, 42 U.S.C. 7419 -7626; zr^ w (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531 - 1544;` (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321 -4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 -4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 -1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (99) It will comply with the Coastal Barrier Resources Act of 1,977, 16 U.S.C. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 -1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666. Qj) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 29 30 4. Provide documentation of the inspectign results for each structure to indicate: F1 a.. Safety Hazards Present b. Health Hazards Present C. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks are tb be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. 30 Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT 6 Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds RECIPIENT NAME: Collier County ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: DCA Agreement No: 04HM- '9- 09 -21 -01 -001 FEMH I rackln g Numbers: 1393 -0012 Eligible Amount 100% Obligated FEMA 75% Obligated State Match 0% Obligated Local Match 25% Previous Payments DCA Use Only Approved Comments TOTAL CURRENT REQUEST $ 1 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. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE 31 DATE 1 1 , FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT 1 �I_ SU.MMARY,OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE IJAZARD MITIGATION GRANT PROGRAM Applicant Collier County Disaster No. 1393 DCA Aareement Nn n4HM_ *Q_nQL71_01_nn1 unnr_D T.- -L.; -- 44 ,ono nn,n Applicant's Reference No. (Warrant, Voucher, Claim Check, or Schedule No.) Date of delivery of articles, completion of work or performance servi es. DOCUMENTATION List Documentation (Applicant's payroll, material out of applicant's stock, applicant owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant's Eligible Costs 100% TOTAL 32 Attachment F a- FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT RECIPIENT: Collier County PROJECT LOCATION: Retrofit QUARTERLY REPORT FORM Project Number # 1393 -0012 DCA ID #: 04HM- "9- 09 -21 -01 -001 DISASTER NUMBER: FEMA -DR- 1393 -FL QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $_ Provide reimbursement projections for this project: July -Sep, 200_$ Oct -Dec, 200_$ Jan -Mar, 200_$ Apr -June, 200_$ July -Sep, 200_$ Oct -Dec, 200_$ . Jan -Mar, 200_$ Apr -June, 200 $ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged (] Under Budget [ ] Over Budget Additional Comments /Elaboration: NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non - compliant with your subgrant award. Name and Phone Number of Person Completing This Form 33 Contract Number: 04HM- "9- 09 -21 -15 -001 CFDA Number: 97.039 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department'), and Collier County, (hereinafter referred to as the "Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end August 28, 2005, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. 6 (4) MODIFICATION OF CONTRACT; REPAYMENTS (a) Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (b) The Department Contract Manager (DCM) will evaluate requests for cost,bverruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subgrantee Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the subgrantee must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: 1. For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13 (c)); 2. A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and 3. The Subgrantee must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. 2 16F1 (c) All refunds or repayments to be made to the Department under this Agreement are to , be made payable to the order of "Department of Community Affairs ", and mailed directly to tli'e : . Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater. , (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53' Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 3 16F1 3 ra. 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation; claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years' after final disposition.,' 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close -out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close -out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close -out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further 16F1 payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Agceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. I ' , (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department: (f) The Recipient shall provide additional reports and information as identified in Attachment F. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. 5 l6F 1 (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be soiely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; N 16Fi I., 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any eepbrts required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; ' 4,. If the Recipient has failed to perform and complete in timely fashion any of the services required under toe Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in paragraph (10) herein; this Agreement; 2. Commence an appropriate legal or equitable action to enforce performance of 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 7 16F1 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative,hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922 -5944 Fax: (850) 922 -1259 16 F1 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Jim Von Rinteln, Coordinator - Emergency Management Collier County " 3301 Tamiami Trail East" Naples, Florida 34112 Telephone: 239 - 774 -8333 Fax:239- 775 -5008 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (1q)(a), above. (11) OTHER'PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall; at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. PJ (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ON 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. (h) The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in , , accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. 11 16F Recipient will provide and 'maintain competent and adequate engineering supervision at the construction site to ensure that the Completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to the Department as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of'funding under this Agreement, the owner of the affected real property shall record'in the public records' of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from- which a structure will be removed pursuant to the project: 1. the property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. no new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or 3. a structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; 4. after the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5. if any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. F (12) AUDIT REQUIREMENTS. 160. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and' expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable" shall be, construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or ,financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the 13 audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from Recipient,l 6F1 resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular' A -133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revi'sed, by or on behalf „of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 14 (g) Any reports, management letter, or other information required to be submitted to the 6 F i l Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, ' Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Depar ment'for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non - compliance. (k) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. (1) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. 15 (13) SUBCONTRACTS. 6.r (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days, after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 Funding Sources Attachment A Budget and Scope of Work Attachment B Program Statutes and Regulations Attachment C Lobbying Prohibition /Certification Attachment D Statement of Assurances Attachment E Request for Advance or Reimbursement Attachment F Quarterly Report Form (16) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $63,140.00 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance 16 payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash Management 16F1 Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement on the Summary of Documentation form (E -2). This form will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. , (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 17 (g) The State of Florida will not intentionally award publicly- funded contracts to any 6T 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 Nptionality 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 Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 1: This certification is,a,material representative of fact upon which reliance was placed wIn�' � h this transaction was made or entered into. Submission of this certification is a prerequisite for making or ' entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than r $100,000 for each such failure. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT'RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 19 (20) LEGAL AUTHORIZATION. 16F1 The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. Attachment D. (2 1) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of good and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payments(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: OARD COUNTY COMMI NERS LIER COIJNTY, FLORIDA By:' Tom Henning, Chairman ii - /S -o3 FEID# 59- 6000558 Attest: Dwight E. Brock, Clerk Approved as to form and legal sufficiency As istant County Attorney By: -An � Date: Deputy �;teric: s tgnato W,�. r ;i STATE OF FLOi D,A, D PA tTMENT OF COMMUNITY AF AIRS By: A Date: 1 � W. Crai u e, m rector, Division of Emergency Manag ent 20 EXHIBIT -1 16 Fi FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $63,940.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97 FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 Attachment A Budget and Scope of Work 16F1 The Recipient, Collier County will retrofit their fire stations with Dade - County approved products. The installation of Approved shutter products over fifty (50) windows and thirty seven (37) bay doors on the following Collier County Owned Structures. Fire Station #'s 20, 45, 70, 30, 90, 12, Medic 2 Helicopter Operations, and the Ochopee Fire Station #60. The Period of Performance for this project ends August 28, 2005. This FEMA project 1393 -0012 funded under FEMA 1393- DR -FL. Line Item Budget: Station #20 Shutters Station #45 Shutters Station #70 Shutters Station #30 Shutters Station #90 Shutters Station #12 Shutters Medic #2 (HP) Shutters Station #60 Shutters Administrative Allowance up to Funding Summary: Federal Share: State Share: Local Share: Total Project Cost: Total Cost Federal Share Local Share $ 9,100.00 $ 6,825.00 $2,275.00 $ 9,100.00 $ 6,825.00 $2,275.00 $13,400.00 $10,050.00 $3,350.00 $ 8,100.00 $ 6,075.00 $2,025.00 $10,800.00 $ 8,100.00 $2,700.00 $ 9,100.00 $ 6,825.00 $2,275.00 $16,500.00 $12,375.00 $4,125.00 $ 5,900.00 4,425.00 $1,475.00 $82,000.00 $61,500.00 $20,500.00 $ 0.00 1640.00 $ 0.00 $82,000.00 $63,140.00 $20,500.00 $61,500.00 (75)% of Project Cost) $ .00 (0)% of Project Cost) $ 20,500.00 (25)% of Project Cost) $ 82,000.00 (100 %) Recipient Administrative Allowance up to $1,640.00. 22 Total Amount Previously Allocated Total Amount Previously Obligated Total Amount Pending Obligation Total Amount Available for New Obligation $61,500 $61,500 $0 $0 08/21/2003 FEDERAL EMERGENCY MANAGEMENT AGENCY ` it- `� HMGP -OB -02 Total Obligation IFMIS Date IFMIS Status FY 16:56 i HAZARD MITIGATION GRANTS PROGRAM $1,640 .$64,137 08/21 /2003 Accept 2003 0 Obligation Report w/ Signatures State Action Supplemental 16-F 1 Disaster FEMA Amendment 0 30 Sliding Scale No Project No No Application ID No No State Grantee 0 30 1393 12 -R 0 30 1 7 FL Statewide 14 -R 0 Subgrantee: Collier County t Project Title : Collier County Public Safety Building Retrofit N/A 17 -R Subgrantee FIPS Code:021 -47625 ` Sliding Scale N/A Total Amount Previously Allocated Total Amount Previously Obligated Total Amount Pending Obligation Total Amount Available for New Obligation $61,500 $61,500 $0 $0 Project Amount Grantee Admin Est Subgrantee Admin Est Total Obligation IFMIS Date IFMIS Status FY $61,500 $997 $1,640 .$64,137 08/21 /2003 Accept 2003 Authorization Preparer Name: FAITH HANNAH HMO Authorization Name: BARBARA PICKENS Admin Calculation FEMA Project Proj Amend Appl Admin Cost Calculation Number Number ID Calculation Percentage 2 -M 0 30 Sliding Scale NIA 1 -P 0 30 Sliding Scale N/A 10 -R 0 30 Sliding Scale N/A 6 -R 0 30 Sliding Scale N/A 14 -R 0 30 Sliding Scale N/A 17 -R 0 30 Sliding Scale N/A 12 -R 0 30 Sliding Scale N/A 11 -R 0 30 Sliding Scale N/A 18 -R 0 30 Sliding Scale N/A 22 -R 0 30 Sliding Scale N/A 26 -R 0 30 Sliding Scale N/A 27 -R 0 30 Sliding Scale N/A 28 -R 0 .30 Sliding Scale N/A 29 -R 0 30 Sliding Scale N/A 30 -R 0 30 Sliding Scale N/A 31 -R 0 30 Sliding Scale N/A 32 -R 0 30 Sliding Scale N/A 33 -R 0 30 Sliding Scale N/A Sliding Scale Percentage: up to $100,000 = 3.00% up to $1,000,000 = 2.00% up to $5,000,000.00 = 1.00% Excess = 0.50% Preparation Date: 08/21/2003 HMO Authorization Date: 08 /21/2003 22 —A 108/21'2603 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP- 08702 16:56 HAZARD, MITIGATION GRANTS PROGRAM Obligation Report wl Signatures Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No., No State Grantee '" 1393 12 -R 0 30 7 FL Statewide 6 ' ' r Subgrantee: Collier County t Project Title : Collier County Public Safety Building Retrofit Subgrantee FIPS Code:021 -47625 Admin Calculation FEMA Project Proj Amend Appl Adniin Cost Calculation Number Number ID Calculation Percentage 34-R 0 30 Sliding Scale N/A Justification Authorizing Official Signature Authorizing Official Title Authorization Date Authorizing Official Signature Authorizing Official Title Authorization Date Sliding Scale Percentage: up to $100,000 = 3.00% up to $1,000,000 = 2.00% up to $5,000,000.00 = 1.00% Excess = 0.50% 22 —B 06/27/2003 8:20 AM )isaster FEMA Vumber Project Number 1393 12 -R ;ubgrantee: Collier County t =IPS Code: 021 -47625 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP -EV -01 HAZARD MITIGATION GRANT PROGRAM ENVIRONMENTAL REVIEW / PROCESS REPORT Amendment App ID State 'Grantee Number 0 30 FL Statewide Project Title : Collier County Public Safety Building Retrofit Executive Orders Review Compliance Review Complete ❑ E.O. 11988: Floodplains Public Notice, if applicable 00 / 00 / 0o0o.Date of Initial Notice ; 00 / 00 / 0000 Date of Final Notice ❑ E.O. 11990: Wetlands Public Notice, -if applicable 00 / 00 / p000 Date of Initial Notice 00 / 00 / 0000 Date of Final Notice ❑ E.O. 12699: Seismic Resistant Construction ❑ E.O. 12898: Environmental Justice for Low Income and Minority Populations ✓ All Applicable Executive Order Compliance Reviews Completed ❑ Other Environmental Laws Review Conditions Standard Law Name Applicable Completed Required Comment Clean Water Act ❑ ❑ ❑ Coastal Barriers Resources Act ❑ ❑ ❑ Coastal Zone Management Act ❑ ❑ �❑ Endangered Species Act ❑ ❑ Farmland Protection Policy ❑ ❑ (❑ l� Fish and Wildlife Coordination Act ❑ ❑ ❑ National Historic Preservation Act ❑ ❑ ❑ Wild and Scenic Rivers Act ❑ ❑ ❑ 22 —C '6/27/2003 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP- EV -01' HAZARD MITIGATION GRANT PROGRAM t:20 AAA ' ENVIRONMENTAL REVIEW /PROCESS REPORT 6. F1 isaster FEMA Amendment App ID State Grantee umber Project Number Number 1393 12 -R 0 30 FL Statewide ubgrantee: Collier County t IPS Code: 021 47625 Project Tige : Collier County PubliaSafety Building Retrofit NEPA Process , FEMA FEMA Initiated Completed Statutory Exclusion Limited to funding authority under Stafford Act sections 402, 403,406 when restoring a facility substantially to its predisaster condition,407, and 502. (See 44 CFR 10,8 (C) or Stafford Act 316) 0 Q Categorical Exclusion LC ATEXI Impact extraordinary 10,8 (d) (3)), an Environ.As esment shall be prepared environmental 06 / 25 12003 (If CATEX, see CATEX Type Code below) Environmental Assessment (EAl 00 / 00 / 0000 Draft EA 00 / 00 / 0000 Final EA 00 / 00 / 0000 Finding of No Significant Impact ( FONSI) if applicable 00 100 10000 Final Notice Published for FONSI or EA Environmental Impact Statement (EISI 00 100 / 0000 Publication of Notice of intent to Prepare EIS 00 / 00 / 0000 Initial EIS Scoping Meeting 00 / 00 10000 Draft EIS Available 00 / 00 / 0000 Final EIS Decision 00 100 10000 Record of Decision CATEX Tvoe Code Codes And Standards (xv) 22 —D 16F1 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are g6nerally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency'Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable . FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long -term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment D of this Agreement 23 Attachment C 16 F 1 Lobbying Prohibition / Certification The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was make or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. An person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIENT: OLLIER COUNTY�OMMISSIONERS FLORIDA BOARD OF UNT By: Date: /! -/� 0 3 Tom Henning, Chairman ATTEST: Dwight Ivy )3rock, Clerk Attei 5 i gnt.tt(r,j. pf ,• a , 24 Approved as to form and legal sufficiency ssistant County Attorney Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to.the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is 25 provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which ,the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 -6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay, or other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101 -336, 42 U.S.C. Section 12101 et se g.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti - Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594, 598, 600 -605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002 -4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101 -19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of W111 16F,I Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a -1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in'or eligible for inclusion in the National Register of Historic Places that are sabject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) , Abiding by the terms and conditions of the Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation' Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set oyt in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734 -37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties ". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the 27 1 6 F1 treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect'a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- 1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521- 45 -94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94 -163; 42 U.S.C. 6201 - 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131 -2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601 -3619, as amended, relating to non - discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642; 1 it 16F1 (v) It will comply with the Clean'Water Act of 1977 „as amended, 42 U.S.C. 7419 -7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531 -1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321 -4347; (aa) It will assist the awarding.agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U,S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 -4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 -1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1,977, 16 U.S.C. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451 -1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666. Qj) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 29 6.F 'i 4. Provide documentation of the inspectiqn results for each structure to indicate: a.. Safety Hazards Present b. Health Hazards Present C. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for' each site where water wells and septic tanks are tb be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. 30 Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds 16-F-1 RECIPIENT NAME: Collier County ADDRESS: CITY, STATE, ZIP CODE PAYMENT No: DCA Agreement No: 04HM"9- 09 -21 -01 -001 FEMA Tracking Numbers: 1393 -0012 Eligible Amount 100% Obligated FEMA 75% Obligated State Match 0% Obligated Local Match 25% Previous Payments DCA Use Only Approved Comments TOTAL CURRENT REQUEST $ 1 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. RECIPIENT SIGNATURE NAMt ANU I I I LC UH I C. TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 31 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SU.MMARY,OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE IJAZARD MITIGATION GRANT PROGRAM Applicant Collier County Disaster No. 1393 , UGH Agreement No. u4nlvi- zj-vy -4 Iry i -vv 1 DOCUMENTATION List Documentation (Applicant's payroll, material out of applicant's stock, applicant owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant's Eligible Costs 100% Applicant's Reference No. (Warrant, Voucher, Claim Check, or Schedule No.) Date of delivery of articles, completion of work or performance servi es. TOTAL 32 Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT RECIPIENT: Collier County PROJECT LOCATION: Retrofit QUARTERLY REPORT FORM Project Number # 1393 -0012 DCA ID #: 04HM- *9- 09 -21 -01 -001 DISASTER NUMBER: FEMA -DR- 1393 -FL QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July -Sep, 200_$ Oct -Dec, 200_$ Jan -Mar, 200_$ Apr -June, 200_$ July -Sep, 200_$ Oct -Dec, 200_$ Jan -Mar, 200_$ Apr -June, 200_$ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Budget Bud (] Over Budget Cost Status: [ ]Cost Unchanged [ ] Under 9 Additional Comments/ Elaboration: NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and /or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non - compliant with your subgrant award. Name and Phone Number of Person Completing This Form 33 BOARD OF COUNTY COMMISSIONERS 1611 _ MISCELLANEOUS CORRESPONDENCE November 18, 2003 FOR BOARD ACTION: 1. 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(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for September 29, 2003 through October 3, 2003. 2. Disbursements for October 4, 2003 through October 10, 2003. 3. Disbursements for October 11 through October 17, 2003. B. Districts: 1. Golden Gate Fire Control & Rescue District — Schedule of Regular Meetings 2. Collier Mosquito Control District — Budget for FY 2004; District Map and Schedule of Regular Meetings. C. Minutes: 1. Productivity Committee - Minutes for September 17, 2003. 2. Ochopee Fire Control District — Minutes of May 20, 2003. H:Data/Format Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/03/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements 16,11 T RECEIVE �..�� OCT 2 4 2003 ward of vounty commissioners Please find attached a listing of the disbursements for the Board of County Commissioners for the period September 29, 2003 through October 3, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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O N N N N N N N N N N N N N N N N N N N N N N N N N N O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 o. 0 0 0 0 0 0 0 w w w w w w n z 0 ro a r H R O G °1 n 1 0 W R (fl (D (D H H 3 m C n I 1 I Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/10/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements 1611 I�eceia -- �A OCT 2 5 2003 Board of County Commissiorlers Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 4, 2003 through October 10, 2003. In accordance with Florida Statutes, Chapter 136.06(1) 1 request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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L*] [*] L ] CY "7 > z 8 z z 0 0 0 0 0 0 x z c m z Y x xl z z n n H H :3 o 'O � H ro b O z H Y n n z Z 3 K K H m 1-3 0 C K H Z z z H m O IT] t, U) H [J b z C t t7 [7 b 2 S D tj z H. 'XI t m Ili H r p [+7.. �' C z Csl b7. 2' � m C [�] M [tl C C C t7 C7 p C7 C7 z b7 N m m 3 m[ l y y y? ? N X W p x7 S X Fo m y co co m t ro H z t] ro t" Z �O t' 17 10 'V '0 '0 'O 1 C 0 O C r z p e C C C C to C C m z ro 'n C to n m cn M m m to m n x :e �l ;ro�7 Cm 3 3 m (n m ul (n m O r H tj H C C r C C xt, �D, w�� z x l IV ro � ITI b ro Z C ro C C n C U) co X m U) m o d tom-' C tom" C 0 0 \ v O O \ \ N N O 0 "''' 0 � 3 rn C Y n n Clerk of the Circuit Court RECEIVE 611 f4, r" Collier County, Florida OCT 2 5 2010: Board of County Commissioners Finance & Accounting Department MEMORANDUM Date: 10/17/03 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 11, 2003 through October 17, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. IE)lo m m N m m m 0 al m a, m m m.. m m m m m m' m m m m m m m m m m m m m m m m m m m m m m m 'm m V1 w N Ill Ul m 0 v w Ln m 0 w Ul m 0 m lP 0 lP In m m 1, 0 lP m m lP Vl U1 U m m lP w m /n /P. m w m Ul Ul �P .P +P iP iP .P .P .P .P iP w .A 14 p. iP 'P. 'P 'P 'g, J, iP iA iP 'la .P P iP A( iA rP .P .P gP .P .P 'P 41 w W W W W w ,. O O 0 O O A 0 0 O' o O O O. 0 0. 0 0 0 0 0 0 0 O O O. 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C C m d cn m m to to to v� to m cn rn [n cn d d q d C7 C7 d t7 d t7 d t7 d J � o N. o .m r w m o r O i P O m O m r W N It, W J O O O O m WO O 0 c, I N O O O J O Vl r.. 0 W O 0 O O U] O O O m 0 0 N o m U1 O O 0 ro m v m m n n n n OC xyn M 0� H� H C x d O t7 O C tt, C C) n n n �� EE8 H m Cam*] [fin tU)*1 ro C z m vi H� 0 0 0 C C C '�v Cm nw m°a 8nn�x mmr to M C 7 j x o o r m d o n r c n x x ro r z d o d o 0 0 0� C1 W w w m�o t" C H m H H H 13 to v) 3 o > H L, ro ro ro r ro ro ro m m to cn cn to m cn m z m m m m m m r m m m m r to m tD �i w (D n x 0 X ro a m n w w n � � rt i. ✓ C N m n fl O 'i7 m 'z, 0 r M W J O r h] r r w ri OJ !� � rt w z N R O .y w m w x' 0 M z �o m 1 i�. a?9 w m n N 3 m C n m MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department RECEIVED �C..,l 2 8 2003 �oard o cnuntY co'no";o 1611 Misc. Correspondence Agenda Date Agenda Item # DATE: October 27, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. r.olden Sate Fir _ Csntrni A Res _ _ llic ri _t 1. Pursuant to Florida Statutes Chapters 189 and 190, Golden Gate Fire Control & Rescue District, has submitted the following: (a) Schedule of Regular Meetings Thank you lspeciaRspecial iii'•, i "; W, GINAV 1 l E ® GOLDEN GATE FIRE CONTROL & RESCUE ISTRICT 4741 GOLDEN GATE PARKWAY • NAPLES, FLORIDA 34116 -6901 R (239) 455 -2121 • FAX (239) 455 -7917 ESCV� October 9, 2003 Clerk of the Circuit Court Finance Department 2671 Airport Road, South Court Plaza III Naples, Florida 34112 Dear Sir/Madam: The Golden Gate Fire Control & Rescue District Commissioners, during the October 8, 2003, meeting has established the second Wednesday of every month for their regular meetings. The following is a list of the regular fire commission meeting dates for fiscal year 2003/04: October 8, 2003 November 12, 2003 December 10, 2003 January 14, 2004 February 11, 2004 March 10, 2004 April 14, 2004 May 12, 2004 June 9, 2004 July 14, 2004 August 11, 2004 September 8, 2004 All meetings will be held at the fire station located at 100 13th Street S.W. (off of Golden Gate Boulevard) and will commence at 6:30 P.M. Sincerely, I/ Donald R. Peterson Fire Chief DRP /pm K5GOLDEN� GATE (i) 0 �2- SCUD October 14, 2003 Clerk of the Circuit Court Finance Department 2671 Airport Road, South Court Plaza III Naples, Florida 34112 Dear Sir/Madam: 1611 GOLDEN GATE FIRE CONTROL &RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY • NAPLES, FLORIDA 34116 -6901 (239) 455 -2121 ., X42 45 -7917 As of September 30, 2003, the Golden Gate Fire Control & Rescue District does not have any outstanding bonds. Sincerely, 0- Donald R. Peterson Fire Chief DRP /pm ocl� 21 fS f MEMORANDUM zoard of county COW SS Lrs Misc. Correspo Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: October 27, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. 1. Pursuant to Florida Statutes Chapters 189 and 190, Collier Mosquito Control District, has submitted the following: (a) Budget for FY 2004 (b) District Map (c) Schedule of Regular Meetings Thank you Aspeciakspecial , u TO: Collier Mosquito Control District 600 North Road Naples, FL 34104 -3464 Administration: 139 - 436 -1000 239 - 436 -1005 (fax) Hangar: 239 - 436 -1008 239 - 436 -1007 (fax) Spray Schedule: 239 - 436 -1010 Board of Commissioners: John F. Johnson, Chairman Robert D. Geroy, Secretary Donald K. Page, Treasurer Robert A. Boyer Jeanne E. Brooker Executive Director. Frank W. Van Essen, Ph.D. October 9, 2003 F31z16(1 cjz�j OC7 14 003 (g �INgNCE DEPT Mr. Dwight E. Brock Clerk of the Circuit Court Finance Department P.O. Box 413044 Naples, Florida 34101 -3044 Dear Mr. Brock: Enclosed for your files you will find the following: • Regular Meeting Schedule - 2003 -2004, • Final Annual Certified Budget, and • Two maps depicting the District boundaries. Director, Administration Enclosures: 4 ww►v. cmcd.org Collier Mosquito Control District 600 North Road Naples, Florida 34104 -3464 MEETING SCHEDULE COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS FISCAL YEAR 2003 -2004 Rev. 9/25/03 DATE COMMISSIONERS- Thursday John F. Johnson, Ch�m� C 10:00 a.m. Robert D. Geroy, Se • a 16 November 12 Donald K. Page, Treasurer Thursday Robert A. Boyer 10:00 a.m. Jeanne E. Broo*er January 21 4 Thursday EXECUTIVE DIRECT 10:00 a.m. Frank W. Van Essen, Ph.D. March 23 Meetings will be held at District Headquarters, 600 North Road, Naples, Florida. DAY OF WEEK DATE TIME Thursday October 23 10:00 a.m. Wednesday November 12 1:00 P.M. Thursday December 18 10:00 a.m. Wednesday January 21 1:00 P.M. Thursday February 19 10:00 a.m. Tuesday March 23 10:00 a.m. Wednesday April 14 1:00 P.M. Thursday May 20 10:00 a.m. Wednesday June 16 1:00 P.M. Thursday July 1 (Budget Workshop) 10:00 a.m. Tuesday July 13 10:00 a.m. Wednesday August 18 (if necessary) 1:00 P.M. Thursday September 23 3:00 p.m. Administration: 239 - 436 -1000 • 239 - 436 -1005 (fax) Hangar: 239 - 436 -1008 • 239- 436 -1007 (fax) www.collier-mosquito.org State of Florida DEPARTMENT OF AGRICULTURE and CONSUMER SERVICES Division of Agricultural Environmental Service, Bureau of Entomology and Pest Control 1203 Governors Square Blvd, Suite 3001 GS 46, Magnolia Center 1 F" Tallahassee, Florida 32301 (850) 922 - 7011 /Suncom 292 -7011 FAX(850)413.7044 ANNUAL CERTIFIED BUDGET FOR MOSQUITO CONTROL 16 COUNTY OR DISTRICT COLLIER MOSQUITO CONTROL DISTRICT FISCAL YEAR OCTOBER 1, 2003 TO SEPTEMBER 30.2004 RECEIPTS ACCT. NO. DESCRIPTION TOTAL' LOCAL STATE ' 311.000 Ad Valorem Texas 4,585,418.00 4 585 418.00 334.100 State Allocation 45 190.89 846 927.00 45,190.89 362.000 Equipment Rentals 306,500.00 306,500.00 337.000 Grants and Donations 39 709.00 39,709.00 361.000 Interest Earnings 122,000.00 120,000.00 2,000.00 364.000 Equipment and/or Other Sales 15 200.00 15 200.00 369.000 Miscellaneous Refunds r yr expenditures) 39100.00 38100.00 380.000 Other Sources 68 380.00 68,380.00 389.000 Loans 248 962.00 248,962.00 TOTAL RECEIPTS 4,752,608.89 4 705 418.00 47 180.89 BEGINNING BALANCE 3,621,555.06 3 481 555.00 140 000.00 TOTAL BUDGETARY RECEIPTS AND BALANCES 8,374,163.89 8,186,973.00 187,190.89 EXPENDITURES ACCT. NO. UNIFORM ACCOUNTING SYSTEM TRANSACTION COOS TOTAL LOCAL STATE 10 Personal Services 11 - 15 1,541 721.00 1,541 721.00 20 Personal Service Benefits 21 - 25 846,927.00 846 927.00 30 Operating Expense 31 - 34 306,500.00 306,500.00 40 1 Travel and Per Dlem 40.1 - 40.3 39 709.00 39,709.00 41 Communication Services 17 700.00 17,700.00 42 Frei ht Services 15 200.00 15 200.00 43 Utility Services 39100.00 38100.00 44 Rentals & Leases 68 380.00 68,380.00 45 Insurance 248 962.00 248,962.00 46 Repair and Malntenace Servicd 46.1 - 46.6 821 700.00 821,700.00 47 Printin Indin 21,500.00 21500.00 48 Promotional Activities 26,000.00 28 000.00 49 Other Current Charges and Obligations 12,600.00 12,600.00 51 Office Su Iles/Matedals 41,500.00 41,500.00 52.1 Gas/OiVLUbe 105 520.00 105,520.00 52.2 Chemical/Solvents/Additives 1,190110.89 1,002,920.00 187,190.89 52.3 Clothing and Wearing Apparel 6,500.00 6,500.00 52.4 Miscellaneous Supplies and Incidental 34 700.00 34 700.00 52.5 Tools and Small Implements 7,500.00 7,500.00 54 Books Publications, Subscriptions, Memberships 23 021.00 23 021.00 60 Capital Outlay 61 - 64 985,020.00 985 020.00 71 Principal 72 Interest Earnings 89 Contingency current ear 300,000.00 300,000.00 99 Payment of Prior Year Accounts 1,500.00 1,500.00 TOTAL BUDGET AND CHARGES 6,701,370.0 6,514,180.00 187 190.89 0.001 Reserve-Capital Outlay-Future Yrs. 0.002 Reserve for Self Insurance 600 000.00 600,000.00 0.003 Reserve for Ending Cash Balance 800 000.00 800,000.00 0.004 Reserve for Sick & Annual Leave 272 793.00 272 793.00 TOTAL RESERVES ENDING BALANCE 1,672,793.00 1,672,783.00 - TOTAL BUDGETARY EXPENDITURES AND BALANCES 8,374,163.89 8,186,973.00 187,190.89 I tartly that the led t own was adopts n 25th day of September, 2003 SIGNE DATE: September 25, 2003 Chalmlan SIG DATE 2003 BUREAU OF ENTOMOLOGY AND PEST CONTROL AUTHORITY: Ch. 388.341 F.S. CERTIFIED BUDGET DACS FORM 13617 QD3 STATE OF FLORIDA COUNTY OF COLLIER 16��1 Before me personally appeared John F. Johnson, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. Witness my hand and official seal, this 25h day of September, A.D., 2003. f. . . SIM Joy Welch Printed Name of Notary Public Commission #: DD 164715 Expiration Date 11/13/2006 February 2003 Z:1Commonldistrict expansion\District Map 2003.doc EI 611 Oil "� " � A Ul TT- .- �1► �� AIRPORT ■ -- �` ' RO7ri�:�� ■�� "Mill - icy DATE: TO: FROM: MEMORANDUM October 16, 2003 Board of County Commissioners Pat Lehnhard, Administrative Assistant, OMB SUBJECT: Productivity Committee Meeting Minutes NA Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of September 17, 2003. Please do not hesitate to contact me, or Winona Stone, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774 -8973 Fax: (239) 774 -8828 m ,isc,. Corres: Date: Item# 111 «103 Copies To: COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE 16 1 Minutes — September 17, 2003; 2:00 p.m. Members Present: James Horner, Jim Gibson, Al Kozel, Janet Vasey, and Jim Ray Members Absent (Excused): Joe Swaja, Joe Mumaw, Dex Groose, and Dick Schmidt BCC Liaison: Commissioner Donna Fiala. Staff Present: Tom Wides, Public Utilities Operations Director; George Yilmaz, Solid Waste Director, Denny Baker, Financial Administration & Housing Director; Gary Mullee, Financial Operations Manager; Joe Schmitt, CDES Administrator; Maria Corzo, Operations Supervisor, Housing; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant OMB. Also present were Bob Krasowski, President and John Mansiki, Treasurer of Zero Waste Collier. I. Introduction: There being a quorum present, Jim Gibson called the meeting to order at 2:03 p.m. The August 20, 2003 minutes as presented were unanimously approved. II. Old Business: A. Solid Waste Rate Study Status Update and Integrated Solid Waste Alternatives /Option Update George Yilmaz, Solid Waste Department Director, reviewed prior updates given to the Committee. George advised that 19 tons of lead from the old firing range at the landfill had been removed. He advised that a number of RFP's are out. The collections contract RFP is moving forward to put together a package to be on the streets by the end of FY04 or early FY05. He advised they are also looking at using the methane gas from the landfill, possibly converting it to energy. Currently it is being burned. A more comprehensive presentation will be coming before the Committee at a later date. Jim Gibson asked the status of the RFP's. George advised the RFP review team is looking at these. As far as gasification, the first ranked was way too costly; second was Bright Star, but they had some things they want added. There are several questions that need answering before we move ahead. George advised collection RFP's are going out. They are looking into multiple districts with multiple vendors. Jim Horner asked George if he knew what was happening with the lead at the Sheriff's firing range. He said he did not. Tom Wides asked George to check into this. Also check on the firing range at the Swamp Buggy grounds. Tom Wides, Fiscal Operations Director of the Public Utilities Division, advised the rate study for landfill fees has been started. The consultants, Malcolm Pirnie, have been hired to do the rate study. Some of the principles to be looked at are: (1) What do we do to preserve the life of the landfill? We are looking at pay- for -use. (2) Annually we assess the solid waste charge and it is added to the tax bill. We are taking a look at this to see if there is another way of doing this in order to collect from homes Page 1 of 2 161 1 built after the tax bills are mailed. (3) Looking at using full -cost allocation. (4) Proper landfill reserves. What should the reserves be? They have been told that $5,000,000 in reserves is too low, shoul fiv times that much. They are trying to get this number for the rate study. C Jim Gibson asked the timeframe on this. Tom advised they would like to present this to the Board by the end of February. Bob Krasowski distributed a sheet on the economic viability of Bright Star, and stated Zero Waste is an alternative to pyralysis. B. Recommendations for Membership — Winona distributed a recap of the voting results she received from Committee members. There was a three -way tie for first place. Jim Horner nominated Stanley E. Farnham to serve the term expiring February 2005, and Sydney E. Blum to serve the term expiring February 2004. Al Kozel seconded the motion, and it passed 5 -0. -->Winona will let Sue Filson know so she can do the necessary paperwork for approval by the BCC at their October 14 meeting. III. New Business: A. Presentation on Proposed Fee Changes for Community Development & Environmental Services — A PowerPoint presentation was given by Denny Baker, Financial Administration & Housing Director, and Gary Mullee, Financial Operations Manager on the proposed fees for CDES (a copy of which is attached to these minutes). Winona asked if the proposed fees are included in the proposed FY04 budget? Denny advised they were. If fees are not adopted, the fund will run out of money before the end of the fiscal year. Denny advised after meeting with the Clerk, reserves will be split 80% will stay in Fund 113 and 20% will go into Fund 131. Al Kozel asked Denny if anyone opposed this fee structure. Denny hasn't heard anything. Commissioner Fiala advised she received one letter from a DSAC member not complaining about the fees, but about the service. Jim Gibson asked what the time frame is for the study. Denny advised they will be working for three months with the consultant, then from there will go into the Hanson Software. Joe Schmitt advised one of the issues not yet resolved are those items Commissioners are working on that are not tied to a project. One of the biggest things the industry is upset about is that CDES is not going back to the General Fund to pay for the costs of staff to attend meetings with the Commissioners. The consensus of the Productivity Committee was that CDES did an excellent job on preparing the proposed fee changes. IV. Comments /Suggestions —None Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, October 15, 2003, 2:00 p.m. in the County Manager's front conference room, 2 "d floor of the W. Harmon Turner Building (Building F, Administration Building). Meeting adjourned at 3:30 p.m. Page 2 of 2 Fiala Halas Henning RECEVVE Coyle 61 Colettar E FIRE CONTROL DISTRICDCT 2 1 2003 ADVISORY BOARD MEETING HELD MAY 20, 2003 ward °f County ComMis rs(C IN THE FIRE CHIEF'S OFFICE AT THE EVERGLADES FIRE STATION In attendance were the following: Paul Wilson, Fire Chief David Loving, Chairman, Everglades City Advisory Board Member Kent Omer, Chokoloskee Island, Advisory Board Member John Pennell, Plantation Island, Advisory Board Member The meeting came to order at 7:07PM. The last meeting minutes were approved. OLD BUSINESS: Chief Wilson said he met with the Mayor Hamilton and Jim Mann last Monday in reference to the boat. Mr. Mann provided some documentation in reference to a particular type boat and he is going to have the manufacturer of that boat bring one here so we can see it. He informed him that they were in the process of updating our ISO rating and that he is not in compliance with the contract by not having a boat ready for our use at any time. We have to call some body to pick us up to go over. We will not be in compliance with the ISO rating until we get the boat. The budget passed and it included the first $25,000 payment for the truck that will replace the old engine. He received a set of specs today through Elite from Alexis Fire Company that we will be able to put a bid package together and then put it out to four companies out there to see what we get back. David Loving said that they need one more person on this board. Chief Wilson said that would be great. The County has been advertising the position. David Loving said we have this are pretty well covered Plantation, Chokoloskee, Everglades. It would just be nice; it would be easier to get a quorum together as well encase somebody has to go somewhere. Corres:. Pa g e 1 pate. l `- `�-� Item,# it /o Codes To. 161 Chief Wilson said there have been a lot of roomers going around that we may merge with East Naples to become an entity of East Naples. That is certainly something that is C possible. But it is not actively in the works at this time. There are a lot of questions that need to be answered. If they take us over we have to go under their operations including millage rates. There are more questions that need to be answered there. First of all they are at 1.5 that would mean a reduction of funds coming in. Chief Shank cannot ask his tax payers to pump $600,000 our way at the same time he would not want to reduce the service out here. So until these questions can be answered there is nothing moving forward in it. It could take place in the next couple of years. We are good through this budget cycle and we'll be even better for next budgets cycle. The reality of it is we have two options out there one of them is do a consolidation merger with East Naples and the other one is to look into what it would take to become independent. Isles of Capri is moving forward with their merger with East Naples. Everybody is in a hold standstill right now until some issues are resolve of Isles of Capri will continue with their merger. David Loving said it makes sense there is a lot of development between Isles of Capri and East Naples. Chief Wilson said the thing with Isles of Capri is they are also poised to go independent in two years as well. They have high -rise condos going in that will change their budget to between a million or a million and a half. Kent Omer asked if we went independent what would happen to the pilt fund and things like that. Chief Wilson said those questions haven't been answered yet. We need to find out what goes where and who gets what. Pilt monies are designed to be used in the area that's affected. There would be no argument there it would be a request. Kent Omer asked how would that affect the union and the Firefighters? Chief Wilson said it wouldn't affect them it would just continue on. David Loving asked Chief Wilson how he wanted to handle the summer? Do you want to put them on stand by encase something comes up to vote on. John Pennell asked who is not going to be here all summer? David Loving said we will be gone from time to time but if they have ten days notice they could get together. Chief Wilson said if it is an emergency they can go on three days. Page 2 Eli (C 2 Kent Omer made a motion to recess for the summer and resume again in October unless there is an emergency. The motion was seconded and passed. Chief Wilson said just for the record if everything pans out it is just simply a bid process if we like what we see take the specs build our own bid specs put it out there for a couple of weeks and check out who ever responds with a working model. We will let them know it has to be a working model when we have the working model we do an executive summary it goes before the board and then as soon as the board approves it we can take position. The deal Mr. Mann has found is a good deal it is what we can afford. (This is in reference to the rescue boat). NEW BUSINESS Chief Wilson we have had a resignation and we have been posting the position. Lt. Mitchell should be returning to work. David Loving said he didn't know Lt. Mitchell wasn't working. Chief Wilson said he hasn't been working since February. He had a back injury came back for two shifts then he had an emergency appendectomy. The meeting was adjourned until the board meets again in October. ti i David Loving,�ha' an Ochopee Fire Co of District Advisory Board Page 3 16K1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 16K2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 16K3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 1 � DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15,2004 [mril5d- It DOCUMENT NOT RECEIVED IN r • • YT;12L AS OF JANUARY 15,2004 MEMORANDUM Date: November 20, 2003 To: Ellen T. Chadwell Assistant County Attorney From: Linda Houtzer, Deputy Clerk Minutes & Records Department 16K7 Re: Agreement Between Collier County and American Prime Group, CEB Case No. 2001 -006 Enclosed please find one (1) copy of document referenced above, Agenda Item #16K7, approved by the Board of County Commissioners on Tuesday, November 18, 2003. Please forward on to the appropriate parties. If you should have any questions, please contact me at X8411 Thank you. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ( "Agreement ") is entered into and made on this /9' day of November, 2003, by and between Collier County (the "County ") and AMERICAN PRIME GROUP, INC. ( "Property Owner "), with respect to an Order Imposing Fine/Lien entered by the Code Enforcement Board of Collier County, and relating to the property located at 1020 Desoto Blvd., Naples, Florida 34117 -9141, more particularly described as Folio No. 0000041105960004 (the "Property "). WITNESSETH: WHEREAS, on July 10, 2001, the Code Enforcement Board of Collier County ( "Board ") entered an Order Imposing Fine/Lien in Board of County Commissioners, Collier County,, Florida v. Calixto and Brenda Lazo CEB Case No. 2001 -006 for failure of Calixto and Brenda Lazo to take corrective action of a code violation; and WHEREAS, a lien was created on July 17, 2001, upon the recordation of a certified copy of the Order Imposing Fine/Lien at Official Record Book 2860, Page 1524, et. seq., in the Public Records of Collier County, Florida (the "Code Enforcement Lien "); and WHEREAS, by Special Warranty Deed dated July 17, 2002 and recorded at Official Record Book 3074, Page 2141, in the Public Records of Collier County, Florida, Lazo conveyed the Property to the Property Owner; and WHEREAS, the Property Owner desires to convey the Property to the County in lieu of foreclosure; and WHEREAS, it is the County's and the Property Owner's desire to release all personal and other real property of the Property Owner from application of the Code Enforcement Lien, and to reduce their settlement to writing and to be bound by the terms of this Agreement. 1 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by Parties and with the intent to be legally bound hereby, the County and the Property Owner mutually agree as follows: 1. The Parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. The Property Owner shall transfer all interest in the Property to Collier County, by Warranty I)eed, within fifteen (15) days of the execution of this '_greement by the Chairman of the Board of County Commissioners. 3. Upon recordation of the Warranty Deed referenced in Paragraph 2, the County shall forever release the Property Owner, and all personal and real property owned by the Property Owner, from the Code Enforcement Lien by executing a Release of Lien in the form attached hereto as Exhibit "A ", and recording this instrument in the Official Records of Collier County, Florida. 4. The Property Owner represents and warrants to the County that it owns the Property as of the time of the execution of this Agreement. 5. This Agreement has been entered into freely and voluntarily by the Property Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof. 6. The Property Owner acknowledges and agree that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. 2 16;(7 7. The parties agree that this Agreement supersedes and replaces all .�ri& Agreements and the understanding that it constitutes the entire Agreement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, the Property Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 8. In the event that the Property Owner fails to transfer its full interest in the Property pursuant to P - ragraph 2 above, said failure shall constitute a full and •omplete breach of this Agreement. The parties acknowledge and agree that the entering into this Agreement shall in no way impair or alter the validity or enforceability of the Code Enforcement Lien and that, in the event the Property Owner fails to transfer their interest, the County may proceed with the pending Code Enforcement Case styled Board of County Commissioners, Collier County, Florida v. Calixto and Brenda Lazo, CEB Case No. 2001 -006, and may initiate an action to foreclose the Code Enforcement Lien against the Property Owner. 9. This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement on the day and year first written above. ATTEST: DWIGHT E— BR.00K, Clerk G )7 J Attsit 4tatiiC signat BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY FLORIDA o By: Tom Henning, Chairman ir Date: 11- 1-63 3 AS TO PROPERTY OWNER: K7 AMERICAN PRIME GROUP, INC. 5805 Blue Lagoon Dr., Ste. 480 Miami, Florida 33126 � d.n C: L_2`J � Z- �- Print Title J Witness Print Name: THIS SETTLEMENT AGREEMENT between the Property Owner and Collier County was acknowledged before me, the undersigned authority, bye �-� as of AMERICAN PRIME GROUP, INC., this / CD day of 2� —u- Z003. nature of otary Public Commissioned Name of Notary Public (Please print, type or stamp) Personally Known !� Produced identification Type of Identification Produced My Commission expires: ,..Y Cecilia M Perdomo :p My commission DD153653 0 of r�a1F Expires October 05 2006 A oved as t form pd egal sufficiency: ELLEN T. CHADWELL Assistant County Attorney 2 RELEASE OF LIEN This is to certify that the claim of lien arising out of the Order Imposing Fine/Lien dated July 10, 2001, on behalf of Collier County, Florida, and recorded in O.R. Book 2860, Page 1524, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by Calixto and Brenda Lazo, American Prime Group, Inc., has been satisfied by transfer of all interest in the Property to Collier County, by Warranty Deed from American Prime Group, Inc. to Collier County, The North 105 feet of Tract 67, Golden Gate Estates, Unit 84, according to the Plat thereof, as recorded in Plat Book 5, Page 23, Public Records of Collier County, Florida. Folio No. 41105960004 The undersigned is authorized to and does hereby release its lien as to the whole of the above - described real property, and all other real and personal property owned by Calixto and Brenda Lazo, American Prime Group, Inc., and consents to this lien being discharged of record. Dated this day of November, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ma , Deputy Clerk Approved as to form And legal sufficiency: Ellen T. Chadwell Assistant County Attorney TOM HENNING, Chairman FOLIO: 41105960004 * ** OR: 3471 PG: 2110 * ** byt Ellen T. Chadwell. uire 16K 7 Ellen T. Esq Office of the County Atta-a*y WARRANTY DEED 3301 East Tamiami Trail Naples, Florida 34112 (941) 774qWX WARRANTY DEED is made this _ day of Decei ber 2003 by American Prime Group, Inc., 5805 Blue Lagoon Drive, Suite 480, Miami, Florida 33126, (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land sitaate in Collier County, Florida, to wit: The North 105 feet of Tract 67, Golden Gate Estates, Unit 84, according to the Plat thereof, as recorded in Plat Book 5, Page 23, Public Records of Collier County, Florida TOGETHER with all the tenements, hereditaments and appurtena ;es thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. AMERICAN PRIME GROUP, INC I �JORGE L`OPEZ, P ESIDENT Witness Signature Print Name: i A L Witness Signaj i y Print Name: << �•- .__ f ,rr;�,`f�L; STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me, the undersigned authority, on this _ day of- c.., 2003, by Jorge Lope•r_, President ol' American Prime Group, Inc., who is personally known tome or( )produced_ as identification. lam' x��c Notary Public /State of Fll�rida ....... - -- NameA /— �7c >>�i�lh��lJ ✓� Z "ANTONIA ALVAAEZ '•: e'baerISSIONIfDO23M My Commission expires: '' November 4, 2007 17 -'ub11cUrK"-wmon 16K7 RELEASE OF LIEN This is to certify that the claim of lien arising out of the Order Imposing Fine/Lien dated July 10, 2001, on behalf of Collier County, Florida, and recorded in O.R. Book 2860, Page 1524, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by Calixto and Brenda Lazo, and American Prime Group, Inc., has been satisfied by transfer of all interest in the Property to Collier County, by Warranty Deed from American Prime Group, Inc. to Collier County. The North 105 feet of Tract 67, Golden Gate Estates, Unit 84, according to the Plat thereof, as recorded in Plat Book 5, Page 23, Public Records of Collier County, Florida. Folio No. 41105960004 The undersigned is authorized to and does hereby release its lien as to the whole of the above - described real property, and all other real and personal property owned by Calixto and Brenda Lazo, and American Prime Group, Inc., and consents to this lien being discharged of record. Dated this day of &kue�l 200-3 DWIGHT`£; ROCK, Clerk De u Clerk Approved as to form And legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA p� TOM HE NING, hairman 3318838 OR: 3471 PG: 2109 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/24/2003 at 01:38FN DNIGHT B. BROCK, CLERK RIC FEE 10.50 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 • 1 1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF JANUARY 15, 2004 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 17A XXX Normal Legal Advertisement O Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: A—W-4, v4xk— Date: Petition No. (If none, give brief description): SNR- 2003- AR4055, BUR OAKS LANE Petitioner: (Name & Address): Peter Goodin, 5815 20th Ave., NW, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: Oakes Estates Advisory, PO Box 111046, Naples, FL 34108 Hearing before 0 BCC 0 BZA O Other Requested Hearing date: a-- 0� , � — , �j 3 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News O Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: SNR- 2003- AR4055, Peter Goodin, Oakes Estate Advisory, Inc., and Bob Walker, requesting a street name change from 12th Avenue NW to Bur Oaks Lane for property located in Golden Gate Estates Unit 96, Section 32, Township 48 South, Range 26 East, Collier County, Florida. 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 wed by: Approved by: "J to Departm Head l3ate 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 O 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:? Date of Public hearing: � 'Z33 Date Advertised: RESOLUTION NO. 03- 7 "�q A RESOLUTION RENAMING 12TH AVENUE NORTHWEST TO BUR OAFS LANE, WHICH STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, pursuant to Collier County Ordinance No. 99 -76, as codified in Section 22 -0357 of the Collier County Code of Laws and Ordinances, the Board of County Commissioners is required to approve requests to rename streets or roads by a supermajority vote of four or more of the Commissioners; and WHEREAS, the Board of County Commissioners has been requested by Peter Goodin, Chairman of the Street Name Change Committee of the Oakes Estates Advisory, Incorporated, representing Bob Walker, the petitioner, to rename 12th Avenue Northwest to Bur Oaks Lane. This street is located in Section 32, Township 48 South, Range 26 East, Collier County, Florida, Unit 96, of the Golden Gate Estates Subdivision, according to the Plat thereof, recorded in Plat Book 7, Page 94, of the Official Records of Collier County, Florida; and WHEREAS, there is no other street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: The name of this street is hereby changed from 12th Avenue Northwest to Bur Oaks Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and supermajority vote. Done this day of 1. 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Maijorilum, Student Assistant County Attorney SNR- 2003 -AR- 4055 /AM /lo 17A * -.14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ME 2. TOM HENNING, CHAIRMAN ""1 17 A `0 August 25, 2003 Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SNR- 2003 -AR -4055, Bur Oaks Lane Dear Georgia: Please advertise the above referenced notice on Sunday, September 7, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 113- 138312 - 649110 NOTICE OF PUBLIC HEARING 1 A Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, September 23, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR- 2003 -AR -4055 PETER GOODIN, OF OAKS ESTATES ADVISORY, INC., REPRESENTING BOB WALKER, REQUESTING A STREET NAME CHANGE FROM 12TH AVENUE NORTHWEST TO BUR OAKS LANE, WHICH STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 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 the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) August 25, 2003 Peter Goodin 5815 20th Avenue, NW Naples, FL 34108 Re: Notice of Public Hearing to consider Petition SNR -2003- AR -4055 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure 7 August 25, 2003 Oaks Estates Advisory P.O. Box 111046 Naples, FL 34108 Re: Notice of Public Hearing to consider Petition SNR -2003- AR -4055 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 23, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 7, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: Subject: legals @naplesnews.com ATTN:GEORGIA re: snr- 2003 -ar -4055, bur oaks lane to run sun. 9/7/03 pls confirm receipt of this request thanks again! teri SNR- 2003 -AR -4055 .doc SNR- 2003 -AR -4055 .doc 1 17 AF 'I '--'A Teri Michaels From: postmaster @clerk.colIier.fl.us Sent: Monday, August 25, 2003 2:28 PM To: Teri Michaels Subject: Delivery Status Notification (Relay) 17A ATT377798.bct ATTN:GEORGIA This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Monday, August 25, 2003 2:20 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA LJ A7rN:GEORGIA << ATTN -.GEORGIA>> Your message To: Iegals@naplesnews.com Subject: ATTN:GEORGIA Sent: Mon, 25 Aug 2003 14:28:10 -0400 was delivered to the following recipient(s): legals on Mon, 25 Aug 2003 14:20 :19 -0400 1 00 N to N O O w <D sy cD @ o 0" cn —I cn -n , < c 0 CD �.�*, 3 o m A A X- to p : C :3 -3 I?1 0 ca Z D -h G N �' �. d D Q 3 o -s �O Z a s vii Gj m e ( y n v Q -s m( c rD 00) O cn D \ OW O rn c N o - + G) CA 3 cn CD Ul p Ul D O uNi °-� , D N O cn C CD 0 O N y n _5 N -3 N - 3 O 0 0 V D 000 u 3(D co A C/) n Z 0 � N N O O ++ W U) O al p Q 0 0 V V <D sy cD Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ------------------------------------------- -- +----- ---- ----- ---- - ----- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58711474 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, Personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples,' in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class Mail Matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first 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: 09/07 AD SPACE: 110.000 INCH FILED ON: 09 /08/03 -- -- - -- --------- Signature of Affiant --- Sworn to and Subscribed before me this ay of 20 Gj Personally known by me Harriett Bushong ''4 F MY COMMISSION # DD234689 EXPIRES July 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC .1 NOTICE OF PUBLIC HEARING Notice Is hereby g that the Board of Cc Commissioners of lier County will he NOTE: All Persons wlsh- Ing to speak on any ter withItthee CCounty Ad- ministrator prior to pre- sentation of the agenda Item to be addressed. Individual speakers will be limited to S minutes on any Item. The selec- tion of an individual to speak on behalf of an organization or group Is encouraged. If recog- nized by the Chair, a spokesperson for a groupp or organization may be allotted 10 min- es ut to speak on an Item. Persons wishing to have written or graphic me- terlais Included In the Board agenda packets must submit said ma- terial a minimum of 3 en gas prior to the tublic hearing. All ma. erlet used In presenta- tions before the Board will become a perma. nent part of the record. Any person who decides to appeal a decision of the Board will need a re- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceed - Ings Is made, which re- cord Includes the testl- mony and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISLSONERS LLIER COUNTY, FLORI- DA HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK By: �y /serl Michaels, <SEAL3 C ark gt.7 No. 272101 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 in the issue on September 7th, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 9th day of September ,2003 (Signature of notary public) 4;: Harriett Bushong :.z MY COMMISSION # DD234689 EXPIRES July 24, 2007 "NCEQ THkJ PCY FAIN INSURANCE, INC PUBLIC HEARING will begin The Board will consider P00tItIO SNR- Y003-AR- PETER GOODIN, OF OAKS ESTATES ADVISORY, All Persons wish - speak on any Item mustrepIs. i the County Ad. on any Item. The selec. tion of an Individual to speak on behalf of an organization or roup Is encoupraged. ItP recog- spokespersonhfor' as group or organization btoaispea omin- utes Item. Any parson who decides to peal a decision of the will need a re- cord pp the proceedings tertalning thereto and herefore, may need to ensure that a verbatim record of the proceed. Ings is made, which re- cord Includes the testi- mony and evidence upon . which the appeal Is based BOARD OF COUNTY COMMISISONERS DALLIER COUNTY,IFLORI- MAN HENNING, CHAIR - DWIGHT E..BROCK, CLERK SepA _ / er Michaels, Seat 7 No. Z7211 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17A t :lei o the Board: Please place the following as a: -:X rival Legal Advertisement 0 Other: As Adv., location, etc.) C., _. :.:ng Dept/ Div: Comm. Dev. Serv./Planning Person: Date: / U 2/6 3 '. :ion No. (If none, give brief description): SNR- 2003 -AR -40 5, B R OAKS LANE Petitioner: (Name & Address): Peter Goodin, 5815 20th Ave., NW, Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: Oakes Estates Advisory, PO Box 111046, Naples, FL 34108 Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: 11/18/03 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: SNR - 2003 -AR -4055, Peter Goodin, Oakes Estate Advisory, Inc. and Bob Walker, requesting a street name change from 12th Avenue NW to Bur Oaks Lane for property located in Golden Gate Estates Unit 96, Section 32, Township 48 South, Range 26 East, Collier County, Florida. 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 Reviewed by: /0/-Z z/-'O Department 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 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 Couniy Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to O Requesting Division G 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: 1612-L(10 Date of Public hearing: I I 1 b L Date Advertised: I I Z D3 17A RESOLUTION NO. 03- A RESOLUTION RENAMING 12TH AVENUE NORTHWEST TO BUR OAKS LANE, WHICH STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, pursuant to Collier County Ordinance No. 99 -76, as codified in Section 22 -0357 of the Collier County Code of Laws and Ordinances, the Board of County Commissioners is required to approve requests to rename streets or roads by a supermajority vote of four or more of the Commissioners; and WHEREAS, the Board of County Commissioners has been requested by Peter Goodin, Chairman of the Street Name Change Committee of the Oakes Estates Advisory, Incorporated, representing Bob Walker, the petitioner, to rename 12th Avenue Northwest to Bur Oaks Lane. This street is located in Section 32, Township 48 South, Range 26 East, Collier County, Florida, Unit 96, of the Golden Gate Estates Subdivision, according to the Plat thereof, recorded in Plat Book 7, Page 94, of the Official Records of Collier County, Florida; and WHEREAS, there is no other street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: The name of this street is hereby changed from 12th Avenue Northwest to Bur Oaks Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and supermajority vote. Done this day of 1. 2003. 17A ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, CLERK TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency MaijoriW. Student Assistant County Attorney SNR- 2003 -AR- 4055 /AM/lo 2. 17A October 24, 2003 Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SNR- 2003 -AR -4055, Bur Oaks Lane Dear Georgia: Please advertise the above referenced notice on Sunday, November 2, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O. /Account # 113 - 138312- 649110 17A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 18,2003 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR- 2003 -AR -4055 PETER GOODIN, OF OAKS ESTATES ADVISORY, INC., REPRESENTING BOB WALKER, REQUESTING A STREET NAME CHANGE FROM 12TH AVENUE NORTHWEST TO BUR OAKS LANE, WHICH STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 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 the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts C- ounly of- Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE October 24, 2003 Peter Goodin 5815 20th Avenue Naples, FL 34108 17A o 3301 TAMIAMI TRAM EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds y.r Re: Notice of Public Hearing to consider Petition SNR- 2003 -AR -4055 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.coMer.fl.us Email- collierclerknclerk.co1Her fl us County of -Collier �.. CLERK OF THE CIRCUIT COURT 17A Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAM1AMI TRAM EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds October 24, 2003 Oak Estates Advisory P.O. Box 111046 Naples, FL 34108 Re: Notice of Public Hearing to consider Petition SNR- 2003 -AR -4055 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.coMer fl us Ernail- collierclerkaaxlerkxoMer fl us Linda A. Houtzer From: Linda A. Houtzer Sent: Friday, October 24, 2003 11:43 AM To: Georgia (E -mail) Subject: SNR- 2003 -AR -4055 Hi Georgia, Please run the attached ad on Sunday, November 2, 2003. Thank you, w W I SNR - 2003 -AR -4055 SNR- 2003 -AR -4055 .doc doc Linda Houtzer Deptuy Clerk Linda A. Houtzer From: postmaster @clerk.colIier.fl.us Sent: Friday, October 24, 2003 11:43 AM To: Linda A. Houtzer Subject: Delivery Status Notification (Relay) LI ATT881247.bct SNR- 2003 -AR -4055 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Linda A. Houtzer From: System Administrator [postmaster @naplesnews.com] Sent: Friday, October 24, 2003 11:35 AM To: Linda A. Houtzer Subject: Delivered: SNR- 2003 -AR -4055 LI SNR- 2003 -AR -4055 <<SNR- 2003 -AR- 4055» Your message To: Georgia (E -mail) Subject: SNR- 2003 -AR -4055 Sent: Fri, 24 Oct 2003 11:43:17 -0400 was delivered to the following recipient(s): legals on Fri, 24 Oct 2003 11:34:44 -0400 1 17 A., Naples Daily News Naples, FL 34102 S E OF Affidavit of Publication P PUBLIC HEARING _------------------- - - - - - Naples Daily News — ______ N_ _______ +_______________ N Notice Is hereby given that the Board oT County Commisslanerss of Col. leer County will h day flovember 18,2903 BOARD OF COUNTY COMMISSIONERS d In tyre �{oardroom, g CHERI LEFARA F Bwlldln, Collier county PO BOX 413016 B NAPLES FL 34101 -3016 3 3 01`Ee�t Tamiamei Trealrl Naphs, Florida. The meetlnp will begin at 9:00 A.M. The Board will consider REFERENCE: 001230 113138312649 P Pe SNR•2oo3•AR 1titlon 58744048 SNR- 2003- AR- 4055NOTI PETER 4�OODIN, OF OAK: State of Florida I IRNC lfwT. ! ADVISORY County of Collier R f{E_QUESTING I appeared B. Lamb, who on oath says that she serves N NORTHWEST TO BUF as Assistant Corporate Secretary of the Naples O OAKS LANE, WHICH Daily News, a daily newspaper pubushed at Naples, t tS LOCATED In copy of advertising was published in said S StQN,° AiggD IN SEC• newspaper on dates listed. S SOU T News is a newspaper published at Naples, in said Collier County, Florida, and that the said N NOTE-- wish. newspaper has heretofore been continuously I to speak on any published in said Collier County, Florida, each a agenda item must rep Is• day and has been entered as second class mail m m i w matter at the post office in Naples, in said m the t Ings Is made, which re- cord includes the testi• mony and evidence upon which the appeal Is based. BOARD OF COUNTY RCOO�AIS � TOM- tIENNNINO, gCDttWeRRRi#KKKHTR & BROCK,. 6yiIs aA Jiautzer, Clark Nov.2 No.352756 Retn: 3303934 OR; 3453 PG: 1604 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY FL RBC FEB ,INTEROFFICE 4TH FLOOR 12/02/2003 et 10 :04AN DWIGHT B. BROCK, CLIIX r COPIES 10.50 BIT 1240 2.00 RESOLUTION NO. 03 -413 A RESOLUTION RENAMING 12TH AVENUE NORTHWEST TO BUR OAKS LA 17A STREET IS LOCATED IN UNIT 96, OF HE I GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, pursuant to Collier County Ordinance No. 99 -76, as codified in Section 22 -0357 of the Collier County Code of Laws and Ordinances, the Board of County Commissioners is required to approve requests to rename streets or roads by a supermajority vote of four or more of the Commissioners; and WHEREAS, the Board of County Commissioners has been requested by Peter Goodin, Chairman of the Street Name Change Committee of the Oakes Estates Advisory, Incorporated, representing Bob Walker, the petitioner, to rename 12th Avenue Northwest to Bur Oaks Lane. This street is located in Section 32, Township 48 South, Range 26 East, Collier County, Florida, Unit 96, of the Golden Gate Estates Subdivision, according to the Plat thereof, recorded in Plat Book 7, Page 94, of the Official Records of Collier County, Florida; and WHEREAS, there is no other street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: The name of this street is hereby changed from 12th Avenue Northwest to Bur Oaks Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and supermajority vote. Done this 18 day of November 2003. 1. , 044 * ** OR: 3453 PG: 1605 * ** ATTEST: a ;� BOARD OF CO TY COMMISSIONERS COLLIER CO TY, F IDA BY:_t .v DWIGHT TOM HENNING, CHAIRMAN � a%t St as to Carr m's Approved as to Form AW8tff9u?ftCje -ncy Maijori6KI. Student - -�- Assistant County Attorney SNR- 2003 -AR- 4055 /AM /lo 2. COLLIER COUNTY FLORIDA 17B REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS "ler!. ,o the hoard: Please place the following as a: ..X rmal Legal Advertisement 13 Other: -iis— -kdv., location, etc.) O, _acing Dept/ Div: Comm. Dev. Serv./Planning Person: _ CA �� Date: �DA-2 /63 ution No. (If none, give brief description): SNR- 2003 -AR -4058, English Oaks Lane Petitioner: (Name & Address): Peter Goodin, 5815 20th Avenue N.W., Naples, FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: Rich Lidgard, 5810 10th Avenue NW, Naples, FL 34108 Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: 11/18/03, 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: SNR- 2003 -AR -4058, Peter Goodin, Oakes Estate Adviso Inc., and Rich Lidgard, requesting a street name change from 10th Avenue NW to English Oaks Lane for property located in Golden Gate Estates Unit 96, Section 32, Township 48 South, Range 26 East, Collier County, Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? CI Yes 0 No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: zz. p Delfartment 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 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 G Requesting Division 17 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: ID z'I b a Date of Public hearing: N 1 3 - Date Advertised: Z b 17B RESOLUTION NO. 03- A RESOLUTION RENAMING 10TH AVENUE NORTHWEST TO ENGLISH OAKS LANE, WHICH STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, pursuant to Collier County Ordinance No. 99 -76, as codified in Section 22 -0357 of the Collier County Code of Laws and Ordinances, the Board of County Commissioners is required to approve requests to rename streets or roads by a supermajority vote of four or more of the Commissioners; and WHEREAS, the Board of County Commissioners has been requested by Peter Goodin, Chairman of the Street Name Change Committee of the Oakes Estates Advisory, Incorporated, representing Rich Lidgard, the petitioner, to rename 10th Avenue Northwest to English Oaks Lane. This street is located in Section 32, Township 48 South, Range 26 East, Collier County, Florida, Unit 96, of the Golden Gate Estates Subdivision, according to the Plat thereof, recorded in Plat Book 9, Page 94, of the Official Records of Collier County, Florida; and WHEREAS, there is no other street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: The name of this street is hereby changed from 10th Avenue Northwest to English Oaks Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and supermajority vote. Done this day of , 2003. 1. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, CLERK TOM HENNING, CHAIRMAN Approved as to Form and Legal Sufficiency XgtLtt MaijorigM. Student Assistant County Attorney SNR- 2003 -AR- 4058 /AM /lo 2. 17B "4 October 24, 2003 Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SNR- 2003 -AR -4058, English Oaks Lane Dear Georgia: Please advertise the above referenced notice on Sunday, November 2, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O. /Account # 113- 138312- 649110 WE NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 18, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR- 2003 -AR -4058 PETER GOODIN, OF OAKES ESTATES ADVISORY, INC., REPRESENTING RICH LIDGARD, REQUESTING A STREET NAME CHANGE FROM 10TH AVENUE NW TO ENGLISH OAKS LANE FOR PROPERTY LOCATED IN GOLDEN GATE ESTATES UNIT 96, SECTION 32, TOWNSHIP 48 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 the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) County of Collier CLERK OF THE CIRCUIT COURT 17B Dwight E. Brock COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds October 24, 2003 Peter Goodin 5815 20th Avenue Naples, FL 34108 Re: Notice of Public Hearing to consider Petition SNR- 2003 -AR -4058 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.colHer fl us Email- collierclerk@c1erkcolHer.fl.us Dwight E. Brock Clerk of Courts County _ of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE October 24, 2003 Rich Lidgard 5810 10th Avenue, NW Naples, FL 34108 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor f Custodian of County Funds �i Re: Notice of Public Hearing to consider Petition SNR- 2003 -AR -4058 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 18, 2003 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 2, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.Mus Email- collierclerkaa.clerk.collier fl us 178 Linda A. Houtzer To: Georgia (E -mail) Subject: SNR- 2003 -AR -4058 Hi Georgia, Please run the attached ad on Sunday, November 2, 2003. ��WDA SNR- 2003 -AR -4058 SNR- 2003 -AR -4058 .doc doc Thank you, Linda Houtzer Deputy Clerk Linda A. Houtzer From: postmaster @clerk.colIier.fl.us Sent: Friday, October 24, 2003 12:23 PM To: Linda A. Houtzer Subject: Delivery Status Notification (Relay) ATT881726.txt SNR- 2003 -AR -4058 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 n Linda A. Houtzer From: System Administrator [postmaster @naplesnews.com] Sent: Friday, October 24, 2003 12:15 PM To: Linda A. Houtzer Subject: Delivered: SNR- 2003 -AR -4058 LI SNR- 2003 -AR -4058 «SNR- 2003 -AR- 4058» Your message To: Georgia (E -mail) Subject: SNR- 2003 -AR -4058 Sent: Fri, 24 Oct 2003 12:23:21 -0400 was delivered to the following recipient(s): legals on Fri, 24 Oct 2003 12:14:47 -0400 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------------- +------------------ - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58744189 SNR - 2003- AR-4058NOTI State of Florida County of Collier Before the undersigned authority, personally appeared D. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first 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: 11/02 SNR-1 Aft-40511 HBARIM The Board will consider Petition SNR- 2003 -AR- 4058 PETER GOODIN. OF OAK- TY. FLORIDA. NOTE: All Persons wish• Ing to speak 0 a y agenda Itam musk: reels ter with the County d• mlMstrator of* to pre. on any Item. Tne M9C- tlon of an Individual to speak on behalf of an organization or group Is. encouraged; if reeog• nized by the Chair, a spokesperson for a groupp or organization' allotted 10 min �y bMe ms, to speak on an Persons wishing to have' written or graphic rt a,, terlal Included in the Boards agenda packets must suklmit said ma- terial a minimum of 3 weeks prior to the re- AD SPACE: 106.000 INCH I terlais Intended to be FILED ON: 11/03/03 - - - - -- considered Who Board shall be submitted to --- — –_----- _– +– _- --------------- the appropriate County e – � staff a minimum of sev- Signature of Affiant en dar p for to the ubik heartyrtg.p All ma- Sworn to and Subscribed before me this day of 20V--5 tons beforentheBoarrd will become a perma- Personally known by me nentpartof the record. "'1-41", . Harriett Bushong ,... Any .n "hod� d' to aapppeal a decislon of MY COMMISSION k DD234689 EXPIRES the,BOSrd will need a re- cord of the proceedings a, Pa July 24, 2007 BONDED THRU TROY FAIN INSURANCE, INC ertaining thereto and �herefore,may need to ensure that a verbatim record of the proceed - Ings Is made, which re- cord Includes the testl- mony and evidence upon which the appeal Is based. BOARD OF COUNTY COISONERS FO LIRECOUNTY, TT� NINQ, WONT E, MOCK, C Bys /*AkWa A. Houlzer, D(eputy Clerk (MS 2 No. 353173 Retn: 3303935 OR: 3453 PG: 1606 RBC FBB 10.50 CLERK TO THE BOARD RBCORDBD in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES INTBROFFICB 4TH FLOOR 12/02/2003 at 10 :04AlI DNIGHT B. BROCE, CLERK 2.00 B %T 7240 RESOLUTION NO. 03- 414 A RESOLUTION RENAMING 10TH AVENUE NORTHWEST TO ENGLISH OAKS LANE, WHICH I?B STREET IS LOCATED IN UNIT 96, OF THE GOLDEN GATE ESTATES SUBDIVISION, LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, pursuant to Collier County Ordinance No. 99 -76, as codified in Section 22 -0357 of the Collier County Code of Laws and Ordinances, the Board of County Commissioners is required to approve requests to rename streets or roads by a supermajority vote of four or more of the Commissioners; and WHEREAS, the Board of County Commissioners has been requested by Peter Goodin, Chairman of the Street Name Change Committee of the Oakes Estates Advisory, Incorporated, representing Rich Lidgard, the petitioner, to rename 10th Avenue Northwest to English Oaks Lane. This street is located in Section 32, Township 48 South, Range 26 East, Collier County, Florida, Unit 96, of the Golden Gate Estates Subdivision, according to the Plat thereof, recorded in Plat Book 7, Page 94, of the Official Records of Collier County, Florida; and WHEREAS, there is no other street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: The name of this street is hereby changed from 10th Avenue Northwest to English Oaks Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and supermajority vote. Done this 18 day of November 2003. 1. ATTEST- R Y t DWIG � Amrl- Approved aS tbEpx�rr�`ar�'egal Sufficiency Wbig IV, P, ME � �.P' 7;.-II—M. Assistant County Attorney S NR- 2003 -AR -405 8 /AM /lo * ** OR; 3453 PG: 1607 * ** 17B BOARD OFNTY C MMISSIONERS COLLIER CqfNTY, F RIDA BY: , TOM HENNING, CHAIRMAN m I. 4" COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: x Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: `rJ� ,�♦ Originating Dept/ Div: OMB Person: Mike Smykowski Date: 11/6/03 Petition No. (If none, give brief description): Notice of Proposed Amendment to FY03 Adopted Budget 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: XX BCC BZA Other Requested Hearing date: (Based on advertisement appearing 2 days before hearing.) Tuesday, November 18, 2003, BCC Regular Meeting Newspaper(s) to be used: (Complete only if important): (To appear in NDN Friday, November 14, 2003) X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: Notice of Public Hearing, Collier County, Florida proposes to amend its Fiscal Year 2002 -03 Adopted Budget. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 001- 101520. Reviewed by: Division Administrator or Designee Date 11/06/03 List Attachments: Notice of Public Hearing DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy 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 Administrator. The Administrator'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 ONLY; Date Received: it Date of Public hearing: 1(1(8/05 Date Advertised: 0/14 03 COUNTY OF COLLIER NOTICE OF PUBLIC HEARING 170 COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2002 -03 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on November 18, 2003, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Tom Henning, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 141 Naples Production Park Maintenance Fund $5,500 PURPOSE: Transfer of residual cash from Naples Production Park Fund (138). 001 General Fund PURPOSE: Transfer of residual cash from Race Track Revenue Bonds Fund (202). 001 General Fund PURPOSE: Transfer of residual cash from Guaranteed Entitlement Revenue Bonds Fund (204). 111 MSTD General Fund PURPOSE: Transfer of residual cash from Parks General Obligation Bonds Fund (206). $32,800 $30,063 $70,075 $15,000 $225,397,761 $225,427,824 $33,613,461 Budget Amend. Fund No. No. Fund Title 78 Change Fund Amount Total 195 TDC -Beach Renourishment $2,041 $21,546,009 PURPOSE: Transfer of residual cash from Wiggins Pass Dredging Fund (304). 198 Museum $12,365 $1,662,805 PURPOSE: Transfer of residual cash from Museum Capital Projects Fund (314). 226 Naples Park Drainage Debt Service $123,300 $933,600 PURPOSE: Transfer of residual cash from Naples Park Drainage Fund (326). 001 General Fund $210,000 $225,644,061 PURPOSE: Transfer of residual cash from Criminal Justice Trust Fund (699). 760 Collier County Lighting $12,417 $654,117 PURPOSE: Transfer of residual cash from Naples Production Park Street Lighting Fund (770). 010 Clerk of Courts $30,000 $19,521,300 PURPOSE: Appropriate General Fund transfer for new position to review the Board agenda. 301 Facilities Capital Improvement $600,000 $21,674,846 PURPOSE: Transfer of residual cash for design of new fleet facility. 17D ON November 7, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Proposed Amendment to FY03 Adopted Budget Dear Georgia: Please advertise the above referenced notice on Friday, November 14, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk #001 - 101520 COUNTY OF COLLIER 170 NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2002 -03 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on November 18, 2003, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Tom Henning, Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 141 Naples Production Park Maintenance Fund $5,500 PURPOSE: Transfer of residual cash from Naples Production Park Fund (138). 001 General Fund PURPOSE: Transfer of residual cash from Race Track Revenue Bonds Fund (202). 001 General Fund PURPOSE: Transfer of residual cash from Guaranteed Entitlement Revenue Bonds Fund (204). 111 MSTD General Fund PURPOSE: Transfer of residual cash from Parks General Obligation Bonds Fund (206). $32,800 $30,063 $70,075 $15,000 $225,397,761 $225,427,824 $33,613,461 Budget Amend. Fund No. No. Fund Title Change Amount 170 Fund Total 195 TDC -Beach Renourishment $2,041 $21,546,009 PURPOSE: Transfer of residual cash from Wiggins Pass Dredging Fund (304). 198 Museum $12,365 $1,662,805 PURPOSE: Transfer of residual cash from Museum Capital Projects Fund (314). 226 Naples Park Drainage Debt Service $123,300 $933,600 PURPOSE: Transfer of residual cash from Naples Park Drainage Fund (326). 001 General Fund $210,000 $225,644,061 PURPOSE: Transfer of residual cash from Criminal Justice Trust Fund (699). 760 Collier County Lighting $12,417 $654,117 PURPOSE: Transfer of residual cash from Naples Production Park Street Lighting Fund (770). 010 Clerk of Courts $30,000 $19,521,300 PURPOSE: Appropriate General Fund transfer for new position to review the Board agenda. 301 Facilities Capital Improvement $600,000 $21,674,846 PURPOSE: Transfer of residual cash for design of new fleet facility. Patricia L. Morgan 170 To: Pam Perrell (E -mail) Subject: Advertising - FY03 Budget Amendment Yfi (Pam, Tease run the attached ad on Friday, Novem6er 14, 2003. Please confirm the ad placement and date. I believe this is a display like the last full -page one (they didn't spec). 7hankyou, Trish 914inutes e� i§cords FY03 Budget FY03 Budget Amend(1).doc Amend(1).doc Patricia L. Morgan From: postmaster @clerk.collier.fl.us Sent: Friday, November 07, 2003 1:40 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) 0 E A1T217697.bct Advertising - FY03 Budget Amen... 9his is an automatically generatedDefivery Status Xotification. Tour message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperred @ nap lesnews. com Patricia L. Morgan l70 From: System Administrator [postmaster @naplesnews.com] Sent: Friday, November 07, 2003 1:31 PM To: Patricia L. Morgan Subject: Delivered: Advertising - FYO3 Budget Amendment LI Advertising - FY03 Budget Amen... «Advertising - ET03 BudgetAmendment>> Your message To: Pam BerreCf(E -mail) Subject: Advertising - TY03 Budget Amendment Sent: En, 7 Nov 2003 13:40: 01 -0500 was delivered to the following recipient(s).- Perrel� Pamela on Fri, 7 Nov 2003 13:30: 49 -0500 17D MEMORANDUM Date: November 20, 2003 To: Michael Smykowski, Budget Director Management & Budget From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2003 - BAR -04 Re: Amended Budgets FY 2002 -03 Enclosed please find one (1) copy of the document referenced above, (Agenda Item #17D), as approved by the Board of County Commissioners on Tuesday, November 18, 2003. The original document is being retained for the record. If you should have any questions, please call me at 774 -8411 Thank you. Enclosures RESOLUTION NO. 03 -BAR- 0 4 1 ?D �f A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2002 -03 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as 'Board ") at any time within a fiscal year may within 60 days of a fiscal year amend a budget for the prior fiscal year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS, the public hearing for the adoption of this Resolution was advertised in the Naples Daily News s pursuant to Section 129.06(2)(f), Florida Statutes. WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2002 -03 by resolution, pursuant to Section 129.06(2)(f), Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the FY 2002 -03 Budget described below are approved and hereby adopted and the FY 2002 -03 Budget is so amended. INCREASE $5,500 (DECREASE) (001) CARRY $32,800 FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS (141) $5,500 $5,500 (001) $32,800 $32,800 (001) $30,063 $30,063 (111) $70,075 $70,075 (195) $2,041 $2,041 (198) $12,365 $12,365 (226) $123,300 $123,300 (001) $210,000 $210,000 (760) $12,417 $12,417 (010) $30,000 $30,000 (301) $600,000 $600,000 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. - 1 - This Resolution adopted after motion, second and majority vote favoring same. DATED: 18, 2003 ATTEST' °�- DWIGHT E AR(?M' Elerk K `' By: • DEPL�'�• Ki +. Approved as to'form• legal sufficiency: BOARD OF CO COMMI SIONERS COLLIER CO , FLO By :-', TOM HENNING, CHA RMAN - 2 - 11/18/2003 08:39 2392634864 NAPLESDAILY PAGE 04/05 17D ':' NAPLES DAMY NEWS Published Daily Naples, FL 34102 .Affidavit of Publication State of Florida Co=ty -of Collier Before the undersigned they serve as the authotity, personally appeared B. Lamb, who on oath says that they Serve AS the Assistant Corporate Secretary- of the Naples Daily, a daily newspaper publisbed at Naples, in Collier County, Florida; distributed -ie Cellier artil Lee counties of Florida; dw the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice was published in said newspaper 1 time in the issue on November 14th, 2003 Affrint foMm nyrtttat thtrstmtNaples Daily Newtin a ncwspaper published at Naples, in said Collier County, Florida, and that the said newspaper hasHe.�tnr.+.rny_p„bliahed iSSCalbee. County, Florida; distributed in Collier and Lee counties of Florida, coch day and has been entered as second clays mail matter at the post office in Naplce, in said Collicr County. Florida. for a period of 1 year next preceding the first publication of the attached copy of a&atiscn nt� sad a£fiant &archer says, that hadRs-nftthw paid• um promised any person. Irrn or corporation any d,'_,caunt, rebate, comrnissioaor tefaed for the-purpose of se-wing _thiu2firatus*menj, Or publication in the said newspaper. f Signature of afriwit} Sworn to and subscribed before me This 15th day of November ,2003 St nature of notary public) :gnotrr t Harriett8usheng _ ; ., Mix GcM4Ai sSsoN i D92ww Exe}REs z ° )ul 24, 2007 ,., '`. oonaea /NAU1 f4?pirygVpxtxElwC 11/18/2003 08:39 2392634864 NAPLESDAILY PAGE 05/05 .4r»ead. Fund N0. No. Fond Thle C U�.La►,. kVLtt t�,G Fund This[ COUNTY OF COLLIER Naples Production Park Maintenance Fund nn' NOTICE OF PUBLIC HEARING COLLIER COUNTYm FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2002 -03 ADOPTED DUDI'iET All interested parties are invited to attend a public hearing on this matter to be held on November 18, 2003, at 9--00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Confer CZty government Center. W. Harmon Tumer Building. 3301 Tamiami Trai) East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5 :00 p,m. at the Office of Management and Budget, 2nd Floot. W. Harmon Turner Building. A final decision on the amendments will be made at tins meeting. Listed below are titer amendments to be considerod and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners i Collier County, Florida l Tom Henning. Chairman Budget .4r»ead. Fund N0. No. Fond Thle Change Amount Fund This[ 141 Naples Production Park Maintenance Fund 55,500 $15,000 PURPOSE: T4tnrt<ferofkesidual cash $ortt Naples Production Park Fund (138), DOl General Fund PURPOSK. Transfix of residual cash from S32,800 $225,397,761 Race Track Revenue Bonds. Fund (202). 001 General PLmd PURPOSE: Transfer of residual Gash from S30,063 5225,427,824 Guaranteed Entitlement Revenue Bonds Pund (204). I11 MSTD General Fund 570,075 533,613.461 PURPOSE: Transfer of residual cash $om Parks General Obligation Bonds Fund (206). i� 195 TDC -Beach Renourishment $2,041 $21,546,009 PURPOSE: Transfer of residual cash from Wiggins Pass Dredging Fund (304). 198 Museum PURPOSL: Transfer of residual rash from $12,365 51.662,805 Museum Capital Projects Fund (314). 226 Naples Park Drainage Debt Service PURPOSE: Transfer of residual cash from S123,300 5933,600 Naptef Park Drainage Fund (326). 001 General Fund PURPOSE: Transfer of residual cash from $210,000 S225,644,061 Criminal JuRrice Trust Ftmd (699). 760 C01herCounty Lighting S12,417 5654,117 PURPOSE: Transfer of residual cash 4ma Naples Production Dark Street LiglttingFund (770), 010 Clerk of Courts PURPOSE: Appropriate General Fund transfer $30,000 S19,521,300 for new position to review the Board. agenda. 301 Facilities Capital Improvement PURPOSE: Transfer of residual cash for S600,O00 $21,674;846 design of new fleet facility.